The purpose and effect of the proposed rule amendments are to update and revise Rule 61E1-3.001, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination

RULE NO.:RULE TITLE:

61E1-3.001Fees; License Renewal; Active, Inactive and Delinquent Licenses; Change of Status

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to update and revise Rule 61E1-3.001, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.

SUMMARY: The proposed rulemaking amends Rule 61E1-3.001, F.A.C., in order to update and revise the rules to clarify existing language, incorporate forms by reference, and remove unnecessary 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: 455.2035, 455.213, 455.271, 455.273, 455.275, 469.006, 469.008, 469.011, 469.014, FS.

LAW IMPLEMENTED: 455.213, 455.2179, 455.2281, 455.271, 455.273, 455.275, 469.004, 469.005, 469.006, 469.007, 469.008, 469.014, FS.

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

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 48 hours before the workshop/meeting by contacting: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [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: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61E1-3.001 Fees; License Renewal; Active, Inactive and Delinquent Licenses; Change of Status.

(1) through (4) No change.

(5) A licensee may make a written request during the renewal period to place his or her license in an inactive status and remit the biennial inactive license renewal fee. The department shall then change the status of the license to inactive status.

(a) In the event a licensee wishes to request to change the status of his or license from active to inactive status at any time other than during the renewal period, the licensee shall complete and submit Form DBPR ALU 3, License Maintenance/Status Change Form, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, and remit a change of status fee.  The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

(b)(a) An inactive license may be maintained during each subsequent biennium period by the department in an inactive status upon the payment of a biennial inactive license renewal fee. However, the department shall require a licensee who has been on an inactive status to meet the requirements of Sections 469.004(3) and 469.005(6), F.S. 

(c)(b) If a licensee makes a written request to the department during the renewal period to activate his or her license from an inactive status to an active status, the department shall impose a reactivation fee in addition to the biennial license renewal fee.

(d)(c) If a licensee makes a written request to the department at a time other than during the renewal period to activate his or her license from an inactive status to an active status, the licensee shall complete and submit to the department Form DBPR ALU 4, Change of Status Form, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, and remit shall impose a reactivation fee, a change of status fee, and a biennial license renewal fee. 

(e) In the event a licensee wishes to change the registered name and/or current or physical address other than that designated in the license, such licensee shall complete and submit to the Department Form DBPR ALU 3, License Maintenance/Status Change Form, together with the appropriate transfer fee as specified herein.  For an address change or for an individual name change, no fee shall be imposed.  For a business name change, a transfer fee shall be imposed. 

(f)(d) The department shall conduct an investigation to determine whether a licensee has met the minimum qualifications for active licensure.

(6) through (7) No change.

Rulemaking Authority 455.2035, 455.213, 455.271, 455.273, 455.275, 469.006, 469.008, 469.011,469.014, FS. Law Implemented 455.213, 455.2179, 455.2281, 455.271, 455.273, 455.275, 469.004, 469.005, 469.006, 469.007, 469.008, 469.014, FS. History–New 9-22-94, Amended 10-17-95, 10-29-97, 4-27-00, 3-14-04, 3-23-04, 3-8-15, 11-1-16, 1-1-18,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 29, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2019