Notice of Proposed Rule
FLORIDA DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION
RULE NO.: RULE
TITLE:
61G20-4.001 Procedures
PURPOSE
AND EFFECT: The purpose and effect of
the proposed rule is to update a Florida Building Commission form in order to
comply with the legislative mandate that the Commission collect fees for
accessibility waiver applications.
SUMMARY:
This rule amendment will update the
Commission’s form for accessibility waiver requests.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined
this rule will not have an adverse impact on small business or likely increase
directly or indirectly 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 Commission conducted an
analysis of the proposed rule’s potential economic impact and determined that
it did not exceed any of the criteria established in Section 120.541(2)(a),
F.S. 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.
SPECIFIC
AUTHORITY: 553.512(1), FS.
LAW
IMPLEMENTED: 553.512(1), FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF NOTICE, A HEARING
WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Richmond, Executive Director, Florida
Building Commission, Department of Business and Professional Regulation, 1940
North Monroe Street, Tallahassee, Florida 32399-0772, (850) 487-1824.
THE FULL TEXT OF THE PROPOSED RULE IS:
61G20-4.001 Procedures.
(1) All applications for a waiver or
modification of the requirements of the Act or the Code shall be accompanied by
a fee of $250.00, effective July 1, 2014, and filed on the Form
FBC 2014-01 2012-01, Request Accessibility for Waiver,
effective __________ October 2012, adopted and incorporated herein by
reference and. Copies of Form FBC 2012-01 are available from
the Building Code Information System at http://_____________ by writing
to the Codes and Standards Office, Department of Business and Professional
Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399 or at https://flrules.org/gateway/reference.asp?No=Ref-_______
http://www.flrules.org/Gateway/reference.asp?No=Ref-02648. Upon certification from an
applicant that all information requested by these rules has been furnished and
after review and verification by Commission Staff, the request will be
scheduled for consideration at the Accessibility Advisory Council’s next
scheduled meeting provided that at least 7 days notice
can be given to the members of the Advisory Council.
(2) All Requests shall be prepared in
accordance with the instructions on Form FBC 2014-01 2012-01, but
the Commission may waive a requirement in the instructions if the Commission
finds the requirement unnecessary to the consideration of the Request. A
Request shall be for one Project only, and no Request shall be considered by
the Commission unless it shall have first been reviewed by the Council.
(3) – (6) No changes.
Rulemaking Authority
553.512(1) FS. Law Implemented 553.512(1) FS. History–New 1-31-79, Formerly
9B-7.03, Amended 10-1-96, 9-14-97, 9-7-00, 1-20-02, 10-18-07, Formerly
9B-7.003, 9N-4.001, Amended 4-25-13, 9-9-13, .
NAME OF
PERSON ORIGINATING PROPOSED RULE:
Florida Building Commision
NAME OF
AGENCY HEAD WHO APPROVED THE PROPOSED RULE:
Florida Building Commission
DATE
PROPOSED RULE APPROVED BY AGENCY HEAD: April 13, 2015
DATE
NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2014