The Board proposes a rule amendment that will update the rule to comply with legislative changes regarding the certification of irrigation specialty contractors.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-15.035Certification of Irrigation Specialty Contractors

PURPOSE AND EFFECT: The Board proposes a rule amendment that will update the rule to comply with legislative changes regarding the certification of irrigation specialty contractors.

SUMMARY: The rule amendment updates the certification of irrigation specialty contractors.

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 the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 455.213, 489.108 FS.

LAW IMPLEMENTED: 489.105(3)(q), 489.113(6), 489.115, 489.116, 489.117, 489.118 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: Daniel Biggins, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039 or telephone: [phone], or by electronic mail to [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-15.035 Certification of Irrigation Specialty Contractors.

(1) through (2) No change.

(3) As an alternative to the experience required under Sections 489.111(2)(c)1.-3., F.S., an applicant for certification as an irrigation specialty contractor shall submit proof that the applicant meets the requirements of a certified irrigation specialty contractor under Section 489.111 by demonstrating:

a. Two years of experience in the installation or maintenance of landscape irrigation systems and two valid professional landscape and/or irrigation industry certifications offered by national or statewide irrigation trade associations/organizations; or,

b. Three years of experience in the installation or maintenance of landscape irrigation systems and one valid professional landscape and/or irrigation industry certification offered by national or statewide irrigation trade associations/organizations.

(4) Certification Procedures and Fees. Certification procedures and fees for Irrigation Specialty Contractors shall be the same as those provided for the certification of other contractors as set forth in Sections 489.109, 489.111, 489.113, 489.114, 489.115 and 489.116, F.S., and related rules.

(5)(4) Irrigation systems used for agricultural purposes shall not be included within the scope of this rule.

(6) No later than 90 days prior to December 31, 2024, the Board shall review and amend, modify, or sunset this rule if it determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs. Failure by the Board to act in accordance with this provision will result in the expiration of this rule on December 31, 2024.

Rulemaking Authority 455.213, 489.108 FS. Law Implemented 489.105(3)(q), 489.113(6), 489.115, 489.116, 489.117, 489.118 FS. History–New 2-13-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Construction Industry Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Construction Industry Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 29, 2020