To adopt legislative changes relating to the waiver of certain certification fees for select military personnel and military spouses. Once eligible for the certification fee waiver, military personnel and military spouses will be exempt from paying ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-4.0012 Application Information

PURPOSE AND EFFECT: To adopt legislative changes relating to the waiver of certain certification fees for select military personnel and military spouses. Once eligible for the certification fee waiver, military personnel and military spouses will be exempt from paying fees for specified certification services. Additionally, the rule amendment will establish a fee for certificate verification services requested by Florida certified educators moving to other states.

SUMMARY: The proposed amendment inserts language relating to a new fee for a certificate verification service as well as a paragraph relating to certification fee waivers for select military personnel and spouses. The new paragraph includes the following: individuals eligible to apply for a waiver; requirement to submit an electronic waiver request and supporting document to determine eligibility; retention of documents submitted by applicants; validity period of waiver; and certification services covered by the waiver.

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 proposed amendment is not expected to have an adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and is not expected to require legislative ratification. The proposed amendment imposes a minimal cost to the specified group of applicants who voluntarily request a certificate verification. Additionally, since the rule outlines the method to attain a waiver of fees for certain military and veteran personnel, as well as their spouses, the proposed amendment is unlikely to have an adverse impact.

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: 1001.02, 1012.55. 1012.56, 1012.586, 1012.59, FS.

LAW IMPLEMENTED: 1012.31, 1012.32, 1012.55, 1012.56, 1012.586, 1012.59, 1012.798, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 25, 2018, 9:00 a.m.

PLACE: Crystal River Middle School, 344 NE Crystal Street, Crystal River, FL 34428.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David LaJeunesse, Chief of Educator Certification, 325 W. Gaines St., Suite 201, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-4.0012 Application Information.

(1) Application process. To apply for evaluation of eligibility for a Florida Educator’s Certificate, an individual shall submit to the Bureau of Educator Certification the following:

(a) A completed Form CG-10, Educator Certification Application and a nonrefundable application fee. Form CG-10, Educator Certification Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-08783), effective November 2017, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The nonrefundable application fee is prescribed below:

1. through 3. No change.

4. Request for update to and a printed copy of a valid certificate solely to reflect a change in name (NMCHANGE) – $20.00;

5. through 7. No change.

8. Request for a new five-year athletic coaching certificate (REAPPLY) – $75.00;

9. Request for verification of qualifications for current or expired Florida certificates – $20.00, or

(b) No change.

(2) through (7) No change.

(8) Military Fee Waivers.

(a) An individual is eligible for  a waiver from the department for the  application fees prescribed in subparagraphs (1)(a)1., 2., or 3., of this rule, if he or she:

1. is a member of the  of the U.S. Armed Forces or a reserve component who is serving, or who has served, on active duty or is the spouse of such a service member;

2. is an honorably discharged veteran  of the U.S. Armed Forces or an honorably discharged veteran of a reserve component who served on active duty  or is the spouse or surviving spouse of such veteran; or

3. is the surviving spouse of a member of the U.S. Armed Forces or reserve component who was serving on active duty at the time of death.

(b) To apply for a fee waiver, a request must be submitted via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/military/ along with documentation establishing that the applicant meets the requirements for a fee waiver under subparagraphs (8)(a)1., 2., or 3 of this rule. The following chart lists the required documentation:

BASIS FOR WAIVER OF FEE	DOCUMENTATION REQUIRED
Member of Armed Forces	Military ID card
Spouse of member of Armed Forces	Military dependent ID card (DD Form 1173)
Member of reserves, serving or served active duty	Military ID card and Activity Duty Report (DD Form 220) or Military ID card and orders for active duty
Spouse of member of reserves, serving or served active duty	Military dependent ID card (DD Form 1173) or Military dependent ID card (DD Form 1173-1)  and spouse’s DD Form 220 or spouse’s orders for active duty
Honorably discharged veteran	Certificate of Release or Discharge from Active Duty (DD Form 214 Member 4)
Spouse or surviving spouse of honorably discharged veteran	DD Form 214 Member 4 of spouse and marriage certificate
Honorably discharged veteran of reserves, served active duty	DD Form 214 Member 4
Spouse of honorably discharged veteran of reserves, served active duty	DD Form 214 Member 4 of spouse and marriage certificate
Surviving spouse of member of armed forces on active duty at time of death	Official documentation from Department of Defense
Surviving spouse of member of reserves on active duty at time of death	Official documentation from Department of Defense

(c) Additional documentation. Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.  

(d) Individuals eligible for veterans and military fee waivers shall not be responsible for payment of the following initial certification fees as per paragraph (1)(b) of this rule:

1. Request for evaluation of eligibility for an initial athletic coaching, temporary or professional certificate (INITIAL) – $75.00 per subject;

2. Request for upgrade to a professional certificate to include all coverages and endorsements already issued on a temporary certificate (UPGRADE) – $75.00;

3. Request for addition of a coverage or endorsement to a valid certificate (ADDTEMP, ADDPRO) – $75.00 per subject;

(e) All documents submitted to verify eligibility for military fee waivers will be retained in the certification record maintained by the department and will not be returned to the applicant. Approval for military fee waivers  remain valid for  five (5) years from the date issued  unless a document used to verify eligibility indicates an earlier expiration date or end date of its validity and in that case, validity of the fee waiver expires when the verifying document expires. In no case, shall a person use or attempt to use a fee waiver if the person does not meet the eligibility criteria set forth in subsection 1012.59(3), F.S.   

Rulemaking Authority 1001.02, 1012.55, 1012.56, 1012.586, 1012.59 FS. Law Implemented 1012.31, 1012.32, 1012.55, 1012.56, 1012.586, 1012.59, 1012.798 FS. History–New 7-6-82, Amended 9-27-83, Formerly 6A-4.012, Amended 12-25-86, 10-26-88, 5-2-90, 4-24-91, 7-7-92, 5-3-94, 7-18-95, 9-17-01, 11-25-03, 12-27-04, 1-1-08, 10-21-09, 12-31-14, 11-21-17,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, K12 Public Schools.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2018.