To address mandatory rulemaking requirements as set forth in Section 553.512, F.S., requiring the Commission to establish by rule a fee to be paid upon submitting a request for a waiver.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-4.001 Procedures

PURPOSE AND EFFECT: To address mandatory rulemaking requirements as set forth in Section 553.512, F.S., requiring the Commission to establish by rule a fee to be paid upon submitting a request for a waiver.

SUMMARY: The amendment establishes a fee to be paid upon submitting a request for a waiver.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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 been prepared by the agency.

The following is a Summary of the Statement of Estimated Regulatory Costs:

• The rule is not likely to directly or indirectly have an adverse impact on economic growth; private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

• The rule is not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

• The rule is not likely to directly or indirectly to increase regulatory costs, including any transaction costs, in excess of $1 million in the aggregate within 5 years after the implementation of this rule.

• The number of individuals and entities likely to be required to comply with the rule based on the number of applicants for waiver under this rule over the last two fiscal years will be approximately 40 applicants annually.

• The department will incur $30,000 onetime costs for implementing or enforcing the proposed rule.

• Any other state and local government entities will incur costs under this rule only if they apply for waiver as provided for under the proposed rule.

• Costs to the licensees to comply with the rule should be minimal because only a individuals or entities applying for waivers will have to pay the increased fee.

• The estimated number of small businesses that would be subject to the rule is unknown.

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 Commission conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

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: 553.512(1) FS.

LAW IMPLEMENTED: 553.512(1) 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: Mo Madani, Planning Manager, Department of Business and Professional Regulation, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G20-4.001 Procedures.

(1) All applications for a waiver or modification of the requirements of the Act or the Code shall be accompanied by a fee of $250.00, effective July 1, 2014, and filed on the Form FBC 2012-01, Request for Waiver, effective October 2012, adopted and incorporated herein. Copies of Form FBC 2012-01 are available by writing to the Codes and Standards Office, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399 or at https://www.flrules.org/gateway/reference.asp?NO=Ref-02481. Upon certification from an applicant that all information requested by these rules has been furnished and after review and verification by Commission Staff, the request will be scheduled for consideration at the Accessibility Advisory Council’s next scheduled meeting provided that at least 7 days notice can be given to the members of the Advisory Council.

(2) through (5) No change.

Rulemaking Authority 553.512(1) FS. Law Implemented 553.512(1) FS. History–New 1-31-79, Formerly 9B-7.03, Amended 10-1-96, 9-14-97, 9-7-00, 1-20-02, 10-18-07, Formerly 9B-7.003, 9N-4.001, Amended 4-25-13,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Building Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 14, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 14, 2013