This proposal codifies the purpose of the provisional license which was intended to provide local governments with a means to immediately authorize new hires and newly promoted individuals who are unlicensed to perform their newly assigned function ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Building Code Administrators and Inspectors Board

RULE NO.: RULE TITLE:
61G19-6.012: Provisional Certificates

PURPOSE AND EFFECT: This proposal codifies the purpose of the provisional license which was intended to provide local governments with a means to immediately authorize new hires and newly promoted individuals who are unlicensed to perform their newly assigned function while said newly commissioned employee endeavors to successfully complete the statutorily mandated licensure examination.

SUMMARY: Currently, in order to provide continuity of service to the public without placing the public at risk, governmental entities are authorized to utilize unlicensed newly hired or newly promoted individuals to perform building code administration and inspection services provided that said individuals meet all experiential requirements and only lack the successful completion of the licensure examination related to the license required.

The proposal restricts the activity of a provisional government servant to the jurisdiction of the governmental entity with which they were recently commissioned.

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: During discussion of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Council has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendment will not require ratification by the Legislature.

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

RULEMAKING AUTHORITY: 468.606, 468.609(7) FS.

LAW IMPLEMENTED: 468.609 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G19-6.012 Provisional Certificates.

(1) through (3) No change.

(4) Provisional certificates shall only be issued to persons employed by an agency of government and the authority of the certificate shall be limited to the jurisdiction of the government agency with which the applicant was employed at the time the provisional certificate was originally issued.

(5) through (6) No change.

Rulemaking Specific Authority 468.606, 468.609(7) FS. Law Implemented 468.609(7) FS. History–New 5-23-94, Amended 5-21-95, 8-28-95, 12-6-95, 1-3-96, 2-23-99, 4-30-01, 1-10-07, 1-16-08,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 30, 2010