The purpose and effect will be to establish an exemption for any applicant who was licensed by the division within the last 3 years or is under 18 years of age. The amendment will also clarify the exemption for applicants 70 years of age or older.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE:

61D-5.003Applications for Licensure; Fingerprint Requirements; Exemptions from Fingerprinting

PURPOSE AND EFFECT: The purpose and effect will be to establish an exemption for any applicant who was licensed by the division within the last 3 years or is under 18 years of age. The amendment will also clarify the exemption for applicants 70 years of age or older.

SUMMARY: The amendment brings the rule into better congruity with state statute by adding an exemption for applicants under 18 years of age, changing the exemption period from 5 to 3 years in order to mirror the licensing period, and clarifying the existing exemptions for other applicants where necessary.

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: 550.0251(3), 550.105(2)(b), 550.105(10)(a) FS.

LAW IMPLEMENTED: 550.105 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: June 25, 2015, 9:00 a.m. ‒ 5.00 p.m.

PLACE: Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 N. Monroe Street, Tallahassee, Florida 32399

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bryan Barber, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61D-5.003 Applications for Licensure; Fingerprint Requirements; Exemptions from Fingerprinting.

The following occupations or groups of persons are exempt from the fingerprint requirements of Section 550.105, F.S.:

(1) Any person who has applied for and been granted an occupational license by the division in the previous three five fiscal years;

(2) A sworn law enforcement or corrections officer certified pursuant to Section 943.1395, F.S., who provides the division evidence of current certification from the Florida Criminal Justice Standards and Training Commission and is working in a security or safety position;

(3) An applicant who has been granted a diplomatic status by the United States Government;

(4) Any person whose fingerprints have been deemed “unclassifiable” twice by the Federal Bureau of Investigations; and

(5) An applicant who is 70 years of age or older and instead submits. Applicants 70 years of age or older must instead submit $24 for a background information records check through the Florida Department of Law Enforcement; and.

(6) An applicant who is under 18 years of age.

Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a) FS. Law Implemented 550.105 FS. History–New 10-20-96, Amended 4-12-06, 9-11-11,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jonathan Zachem, Director, Division of Pari-Mutuel Wagering

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 14, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 2, 2015