The purpose and effect of the proposed rule is to outline what “other advertising medium” includes for the purposes of 469.006(5)(b), F.S.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination

RULE NO.:RULE TITLE:

61E1-1.003Advertising Medium

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to outline what “other advertising medium” includes for the purposes of 469.006(5)(b), F.S.

SUMMARY: This rule will outline what “other advertising medium” includes for the purposes of 469.006(5)(b), F.S.

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 economic review conducted by the agency.

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: 469.011(1), 469.006(5)(b) FS.

LAW IMPLEMENTED: 469.006(5)(b) 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: Jamie Royal, Assistant General Counsel, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61E1-1.003 Advertising Medium

(1) As used in Section 469.006(5)(b), Florida Statutes, the term “other advertising medium” shall include business proposals, bill of sales, contracts, business cards, construction site signs, handbills, billboards, flyers, shopping and service guides, coupon offerings, magazines, trade association publications, classified advertisements, internet websites, manufacturer’s “authorized dealer” listings, and signs on vehicles. The term shall not include business stationery, balloons, pencils, pens, hats, articles of clothing, or other promotional novelties. Neither shall the term include free phone directory listings (regardless of page color) of one, two, or three lines, which display nothing more than the proper name, company name, address, and telephone numbers in whole or in part in an unbolded or unhighlighted print and without further textual or pictorial elaboration or touting in its overall display.

Rulemaking Authority 460.011(1), 469.006(5)(a) FS. Law Implemented 469.006(5)(b) FS. History–New 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ruthanne Christie, Executive Director, Asbestos Licensing Unit, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 15, 2016