Repeal Chapter 61-39 F.A.C.

NOTICE OF PROPOSED RULEMAKING

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Professions

RULE NOS.:RULE TITLES:

61-39.002 Definitions

61-39.003Department Activities

61-39.004Florida Building Energy Rating System, Adopted

61-39.005Training and Certification Program

61-39.007 Florida Building Energy Rating System, Existing Public Buildings

61-39.008RESNET Standards, Adopted

PURPOSE AND EFFECT: Repeal Chapter 61-39 F.A.C.

SUMMARY: HB 269, Section 26, repealed Section 553.992, F.S., effective July 1, 2013.  Therefore, the Department no longer has rulemaking authority to adopt and maintain a statewide uniform building energy-efficiency rating system.  Chapter 61-39, F.A.C. contains the rules adopted pursuant to Section 553.992, F.S.  These rules are repealed as a result of lack of rulemaking authority due to the statutory amendment.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule 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 the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 553.992 FS.

LAW IMPLEMENTED: 553.992, 553.995 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: John MacIver, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-39.002 Definitions.

Rulemaking Authority 553.992 FS. Law Implemented 553.992, 553.995 FS. History–New 7-1-94, Amended 1-11-95, 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.002, Repealed____________.

 

61-39.003 Department Activities.

Rulelmaking Authority 553.992, 553.998 FS. Law Implemented 553.992, 553.996 FS. History–New 7-1-94, Amended 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.003, Repealed____________.

 

61-39.004 Florida Building Energy Rating System, Adopted.

Rulemaking Authority 553.992 FS. Law Implemented 553.994, 553.995(1) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.004, Repealed____________.

 

61-39.005 Training and Certification Program.

Rulemaking Authority 553.992 FS. Law Implemented 553.995(4) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.005, Repealed____________.

 

61-39.007 Florida Building Energy Rating System, Existing Public Buildings.

Rulemaking Authority 553.992 FS. Law Implemented 553.991, 553.993, 553.994, 553.995, 553.997, 553.998 FS. History–New 7-21-94, Amended 12-27-98, 7-27-10, Formerly 9B-60.007, Repealed____________.

 

61-39.008 RESNET Standards, Adopted.

Rulemaking Authority 553.992 FS. Law Implemented 553.995(1)(c) FS. History–New 12-27-98, Amended 11-28-04, 7-27-10, Formerly 9B-60.009, Repealed____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John MacIver, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-2202

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  June 5, 2013