The proposed rulemaking amends a form and sign incorporated by reference, and provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-12.002Registration

PURPOSE AND EFFECT: The proposed rulemaking amends a form and sign incorporated by reference, and provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee.

SUMMARY: The proposed rule updates FDACS-10900, Motor Vehicle Repair Registration Application, modernizes FDACS P-01516, sign, and provides guidance to applicants seeking a military waiver of an initial or renewal registration fee. These amendments will streamline the registration application, update a sign and ensure statutory compliance with ch. 2018-7, Laws of Florida and the Florida Motor Vehicle Repair Act.

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 proposed revisions update a department form and sign and provide guidance on how to obtain a military fee waiver. There are no increased regulatory costs associated with these revisions. Additionally, no interested party submitted additional information regarding the economic impact.

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

RULEMAKING AUTHORITY: 559.92201, 570.07(23) FS

LAW IMPLEMENTED: 559.904, 559.916 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Liz Compton, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at [e-mail] or by phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-12.002 Registration.

(1) Any person who intends to operate a motor vehicle repair shop shall, prior to offering motor vehicle repair services, apply for and obtain a registration certificate from the department using FDACS-10900, Motor Vehicle Repair Registration Application, Rev. 02/19 10/16, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Motor Vehicle Repair, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-     07833.

(2) No change.

(3) Pursuant to section 559.904(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: aAn honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. requesting a waiver of the initial registration fee Ppursuant to section 559.904(3)(c)(b), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit complete FDACS-10991, Military Veteran Fee Waiver Request, 10/18 10/16, incorporated by reference in rule 5J-26.001, F.A.C., An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and provide all required supporting documentation at the time the applicant submits the Motor Vehicle Repair Registration Application referenced in subsection (1) above.

(4) The department shall provide a 11'' x 17'' sign with 30 point type to each registered motor vehicle repair shop to be posted pursuant to Section 559.916, F.S. The sign, FDACS P-01516, Rev. 02/19 08/07, is hereby incorporated by reference. A sample copy of the sign may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-    05123. The registration certificate shall be attached to the sign by the registrant in the designated area. The sign with the accompanying registration certificate shall be conspicuously displayed at the customer service area in full view of the motor vehicle repair shop’s customers.

(5) No change.

Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904, 559.916 FS. History–New 1-18-95, Amended 5-24-95, 2-11-98, 1-20-03, 11-4-03, 6-27-05, 11-22-05, 3-8-12, 4-16-15, 2-23-17,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Liz Compton, Bureau Chief, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2018