The purpose of the proposed rule is to establish licensure fee requirements for tattoo artists and tattoo establishments as specified in sections 381.00775-381.00777, F.S., which passed during the 2010 Legislative Session.

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO.: RULE TITLE:
64E-28.011: Fee Schedule

PURPOSE AND EFFECT: The purpose of the proposed rule is to establish licensure fee requirements for tattoo artists and tattoo establishments as specified in Sections 381.00775-381.00777, F.S., which passed during the 2010 Legislative Session.

SUMMARY: This proposed rule will provide the fee schedule for licensure of tattoo artists, guest tattoo artists, tattoo establishments, temporary tattoo establishments, and reactivation of licenses.

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 agency has determined that this rule will have an impact on small business and will increase regulatory costs. The agency prepared a SERC showing that the rules will impact approximately 1,050 tattoo establishments/temporary establishments, 1,800 tattoo artists, and 250 guest artists. Although the estimated regulatory costs total over $300,000, the industry currently operates with annual expenses over $600,000. The rule will increase regulatory costs but should decrease the overall costs incurred by the industry. The majority of the businesses operating as tattoo establishments can be categorized as small businesses and will incur minimal costs associated with this rule and the statutory requirements. These costs should be offset by the elimination of the costs associated with supervision, which was previously required of tattoo establishments. At this time, no alternative proposals have been submitted. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Sections 120.541(2)(a)1., 2., and 3., 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: 381.00789 FS.
LAW IMPLEMENTED: 381.00781 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: Gina Vallone-Hood, Acting Environmental Administrator, Bureau of Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1710

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-28.011 Fee Schedule.

(1) Tattoo Artist License and Renewal$ 60.00

(2) Guest Tattoo Artist Registration and Re-registration$ 35.00

(3) Tattoo Establishment License$200.00

(4) Temporary Establishment License$200.00

(5) Reactivation of Tattoo Artist License$ 25.00

(6) Reactivation of Tattoo Establishment License$ 75.00

Rulemaking Authority 381.00789 FS. Law Implemented 381.00781 FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gina Vallone-Hood, Acting Environmental Administrator, Bureau of Environmental Health

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 16, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June, 29, 2012