AND SUMMARY: The purpose and effect of this rulemaking is the repeal of Rule 69A-64.003, F.A.C., because it is not necessary. As well, Rule 69A-64.001, F.A.C., is being amended because the definition of “employer” is in the statute and not in the ...

 

DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF STATE FIRE MARSHAL

RULE NOS:RULE TITLES:

69A-64.001Scope

69A-64.003Ability to Pay Benefits

PURPOSE, EFFECT AND SUMMARY: The purpose and effect of this rulemaking is the repeal of Rule 69A-64.003, F.A.C., because it is not necessary. As well, Rule 69A-64.001, F.A.C., is being amended because the definition of “employer” is in the statute and not in the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule amendments do not impose any costs.  The Division of State of Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in subsection 120.541(1), F.S. and is therefore does not require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.191 FS.

LAW IMPLEMENTED: 112.191 FS.

IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

TIME AND DATE: Wednesday, April 22, 2015, 11:00 a.m. (or immediately after the 9:00 a.m. hearing of Rule 69A-37.054, 69A-37.055, 69A-37.057, 69A-37.060, 69A-37.065 & 69A-37.404, F.A.C.)

PLACE: Florida State Fire College, Auditorium, 11655 NW Gainesville Rd., Ocala, Florida 34482

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Wentlandt, Chief, Bureau of Firefighter Standards and Training, Division of State Fire Marshal, Florida Department of Financial Services at [phone] or [e-mail].

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Department at least 5 calendar days before the program by contacting the person listed above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-64.001 Scope.

These rules are concerned with the payment of death benefits to firefighters apply to each employer as defined herein.

Rulemaking Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.001, Amended______.

 

69A-64.003 Ability to Pay Benefits.

Rulemaking Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.003, Repealed______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Tucker, Safety Program Manager, Bureau of Firefighter Standards and Training, Division of State Fire Marshal, Florida Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 16, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 19, 2014