The purpose of the proposed rule is to update the incorporated department form to be submitted when requesting a military waiver of an initial or renewal registration fee.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-26.001Military Fee Waiver

PURPOSE AND EFFECT: The purpose of the proposed rule is to update the incorporated department form to be submitted when requesting a military waiver of an initial or renewal registration fee.

SUMMARY: The proposed rule incorporates by reference an updated department form to be completed by active duty military, honorably discharged veterans, military spouses or surviving spouses to request a registration fee waiver in compliance with sections 9 - 10, 31 - 35, and 37 - 40 ch. 2018-7, Laws of Florida.

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 rule incorporates an updated department form to waive the initial or renewal registration fee for qualified military persons resulting in a decreased regulatory cost. Additionally, no interested party submitted additional information regarding the economic 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: 472.008, 501.014(2), 501.626, 507.09(3), 527.06, 539.001(21), 559.92201, 559.9355(3), 570.07(23) FS.

LAW IMPLEMENTED: 472.015(3)(b), 472.016, 501.015(2), 501.605(5)(b), 501.607(2)(b), 501.609, 507.03(3)(b), (c), 527.02(3)(b), (c), 539.001(3)(c), (g), 559.904(3)(b), (c), 559.928(2)(c), (d) 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: Liz Compton, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-26.001 Military Fee Waiver

Within 60 months after the date of the veteran’s discharge from any branch of the United States Armed Forces, an honorably discharged veteran of the United States Armed Forces, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse, may apply for an initial fee waiver pursuant to Sections 472.015(3)(b), 501.015(2), 501.605(5)(b), 501.607(2)(b), 507.03(3)(b), 527.02(3)(b), 539.001(3)(c), 559.904(3)(b), 559.928(2)(c), F.S.

(1) Applicants seeking a waiver must submit FDACS-10991, Military Veteran Fee Waiver Request, Rev. 10/18 07/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-        08667.

(2) The waiver request and required documentation must be submitted to the department along with a completed program registration application.

Rulemaking Authority 472.008, 501.014(2), 501.626, 507.09(3), 527.06, 539.001(21), 559.92201, 559.9355(3), 570.07(23) FS. Law Implemented 472.015(3)(b), 472.016, 501.015(2), 501.605(5)(b), 501.607(2)(b), 501.609, 507.03(3)(b), (c), 527.02(3)(b), (c), 539.001(3)(c), (g), 559.904(3)(b), (c), 559.928(2)(c), (d) FS. History–New 2-12-17, Amended 10-31-17,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Liz Compton, Bureau Chief, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2018