The purpose and effect is to amend the rule to update and revise rule language referencing the newly published annual health and human services federal poverty guidelines for 2022.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-35.029DBPR Departmental Forms

PURPOSE AND EFFECT: The purpose and effect is to amend the rule to update and revise rule language referencing the newly published annual health and human services federal poverty guidelines for 2022.

SUMMARY: Within the provided paragraph the Department proposes to amend Rule 61-35.029 to adopt the revised language.

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 economic review conducted by the Agency.

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: 20.05, 20.165 (8), 455.203 (5), 455.213 (1), 455.2035, FS.

LAW IMPLEMENTED: 455.02, 455.213, 455.219, 489.1131, 489.5161, 559.79, 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: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-35.029 DBPR Departmental Forms.

The following forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone]:

(1) through (2) No change.

(3) Pursuant to Section 455.219(7)(a), F.S., the department, or a board thereunder, shall waive the initial licensing fee for a low-income individual. As defined in that section, a “low-income individual” is a person whose household income, before taxes, is at or below one hundred thirty percent (130%) of the federal poverty guidelines prescribed for the family’s household size by the United States Department of Health and Human Services. The 2021 federal poverty guidelines, published on January 21, 2022 February 1, 2021, in 87 86 Federal Register 3315 7732, are hereby incorporated by reference and may be obtained from https://www.federalregister.gov/documents/2022/01/21/2022-01166/annual-update-of-the-hhs-poverty-guidelines https://www.federalregister.gov/documents/2021/02/01/2021-01969/annual-update-of-the-hhs-poverty-guidelines or at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX13248. Any person claiming waiver of an initial professional licensing fee based upon low-income status pursuant to Section 455.219(7)(a), F.S., shall submit, along with their application for licensure, a completed Form DBPR LI 001, Application for Low Income Waiver of Licensing Fee, effective April 2019, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10501.

Rulemaking Authority 20.05, 20.165(8), 455.203(5), 455.213(1), 455.2035 FS. Law Implemented 455.02, 455.213, 455.219, 559.79,489.113(1), 489.1131, 489.5161 FS. History–New 6-24-19, Amended 7-16-20, 7-13-21_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 25, 2022 (v. 48, n. 39)