The purpose and effect of the proposed rule is to adopt the form used to apply for Temporary Permit due to Change of Ownership as authorized by 499.012, F.S. SUBJECT AREA: The subject area to be addressed in this rule is ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Drugs, Devices and Cosmetics

RULE NO.:RULE TITLE:

61N-2.038Application for Temporary Permit due to Change of Ownership

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to adopt the form used to apply for Temporary Permit due to Change of Ownership as authorized by 499.012, F.S.

SUBJECT AREA: The subject area to be addressed in this rule is to adopt and incorporate the Temporary Permit due to Change of Ownership form.

SUMMARY: Adopt and incorporate Temporary Permit due to Change of Ownership application.

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: Department’s economic analysis of the potential impact of the proposed rule and its determination that there will be no adverse economic impact or increased regulatory costs that would require legislative ratification.

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: 499.01, 499.012, 499.05 F.S.

LAW IMPLEMENTED: 499.012(6)(d), 559.79 F.S.

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: Janetta Sampson, Operations and Management Consultant Manager, Department of Business and Professional Regulation, [e-mail], 2601 Blair Stone Road, Tallahassee, Florida 32399-1047.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61N-2.038 Application for Temporary Permit due to Change of Ownership

When an establishment that requires a permit pursuant to this part submits an application for a change of ownership or controlling interest with the required fees, the establishment may also submit a request for a temporary permit granting the establishment authority to operate no more than 90 calendar days.  The establishment must submit the request for a temporary permit due to change of ownership on form DBPR-DDC-246, application for temporary permit due to change of ownership, effective ______________, incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14196. A copy of Form DBPR-DDC-246, Application for temporary permit due to change of ownership, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, [phone].

Rulemaking Authority 499.01, 499.012, 499.05 FS. Law Implemented 499.012(6)(d), 559.79 FS. History‒

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Walter Copeland, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 15, 2022