To make the rule consistent with the provisions of Section 419.001(2), F.S.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

Rule No. : RULE TITLE :
69A-38.020: Scope
PURPOSE AND EFFECT: To make the rule consistent with the provisions of Section 419.001(2), F.S.
SUMMARY: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency. 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.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has been prepared 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: 633.01(1), 633.022(2)(a) FS.
LAW IMPLEMENTED: 633.01(1), 633.022(1)(b) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, June 21, 2011, 9:30 a.m.
PLACE: Conference Room 313, The Atrium Building, 325 John Knox Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jim Goodloe, Chief, Bureau of Fire Prevention, 200 E. Gaines Street, Tallahassee, Florida 32399-0342, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Goodloe, Chief, Bureau of Fire Prevention, 200 E. Gaines Street, Tallahassee, Florida 32399-0342, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-38.020 Scope.

(1) These rules apply to any residential developmental disabilities facility required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to Section 393.067, F.S., Rule 65B-38.005 and Chapter 65B-6, F.A.C. In any determination of the number of persons living in a facility, only those persons who are clients as defined in Section 393.13(4), F.S., shall be counted. Intermediate care facilities for the developmentally disabled are licensed by the Agency for Health Care Administration pursuant to Chapter 400, Part VIII, F.S. Section 400.11 F.S., and Rule Chapter 59A-26, F.A.C. The Agency for Persons with Disabilities and the Agency for Health Care Administration are affected by these rules.

(2) No change.

(3) This rule chapter shall apply as follows:

(a) Part II shall apply to any residential facility, as defined in Section 393.063(26), F.S., including any:

1. Group home facility, as defined in Section 393.063(16), F.S., serving more than six clients;

2. Residential habilitation center, as defined in Section 393.063(28), F.S., and

3. Comprehensive transitional educational program, as defined in Section 393.063(8), F.S., which is providing room and board for individuals with developmental disabilities and that is required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to Section 393.067, F.S. Florida Statutes, and Chapter 65B-6, F.A.C. These rules do not apply to day care centers or residential child-care facilities.

(b) No change.

(c) Part IV shall apply to any:

1. Foster care facility as defined in Section 393.063(15), F.S., and

2. Group home facility as defined in 393.063(16), F.S., serving six five or fewer clients and licensed pursuant to Chapter 65B-6, F.A.C.

Rulemaking Specific Authority 633.01(1), 633.022(2)(a) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.020, Amended 7-30-07, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer/State Fire Marshal
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 26, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 28, 2011