Florida Register Volume 43, Number 151, August 4, 2017, Pages 3393-3428
| Jurisdiction | Florida |
| Library | Florida Register |
| Published date | 04 August 2017 |
| Year | 2017 |
Florida Administrative Register Volume 43, Number 151, August 4, 2017
3393
Section I
Notice of Development of Proposed Rules
and Negotiated Rulemaking
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Division of Consumer Services
RULE NOS.: RULE TITLES:
5J-6.005 Licensing Requirement, Commercial
Telephone Seller, Salesperson
5J-6.013 Exemption
5J-6.014 Denials
5J-6.015 Security Requirements
PURPOSE AND EFFECT: The purpose of this rulemaking is
to incorporate new department forms, amend department forms
currently incorporated by reference, and to implement statutory
changes in ch. 2017-173, Laws of Florida, related to the
registration of substance abuse marketing service providers.
SUBJECT AREA TO BE ADDRESSED: Update FDACS -
10001, Commercial Telephone Seller Business License
Application, FDACS-10005, Commercial Telephone
Salesperson Individual License Application, FDACS -10006
Florida Telemarketing Act Material Change Form, new
FDACS-10002, Commercial Telephone Seller Affidavit of
Exemption and FDACS-10008, Substance Abuse Mar keting
Service Provider License Application.
RULEMAKING AUTHORITY: 501.611(3), (5), 501.626 ,
570.07(23) FS.
LAW IMPLEMENTED: 501.604, 501.605, 601.607, 501.608,
501.609, 501.611, 501.612 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOP MENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard
Kimsey, Assistant Direc tor, Division of Consumer Services,
2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500,
email: Richard .Kimsey@FreshFromFlorida.com or by phone:
(850)921-1556.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Division of Consumer Services
RULE NO.: RULE TITLE:
5J-26.001 Military Fee Waiver
PURPOSE AND EFFECT: The purpose of this rulemaking is
to update the incorporated department form to include
substance abuse marketing service providers to comply with
changes in ch. 2017-173, Laws of Florida.
SUBJECT AREA TO BE ADDRESSED: Military fee waiver
for providers of substance abuse marketing services.
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), 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) FS.
IF REQUESTED IN WRIT ING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVE LOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard
Kimsey, Assistant Direc tor, Division of Consumer Services,
2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500,
email: Richard .Kimsey@FreshFromFlorida.com or by phone:
(850)921-1556.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
RULE NO.: RULE TITLE:
61-32.002 Board of Employee Leasing Citations
PURPOSE AND EFFECT: T he purpose and effect of the
proposed rule amendment is to reduce investigative costs by
permitting additional citations to be issued within a calendar
year in lieu of other discipline for violations of the employee
leasing practice act, and repeal language to reduce penalties for
violations of untimely filed quarterly reports, annual reports,
and annual assessment fees.
SUBJECT AREA TO BE ADDRESSED: The subject area to
be addressed in this rule is the issuance of citations.
Florida Administrative Register Volume 43, Number 151, August 4, 2017
3394
RULEMAKING AUTHORITY: 455.203(5), 455.224 FS.
LAW IMPLEMENTE D: 455.224, 455.225, 468.530, 468.532
FS.
IF REQUESTED IN WRIT ING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVEL OPMENT AND A COPY OF
THE PRELIMINARY DRAFT, I F AVAILABLE, IS: Thomas
J. Izzo, Assistant General Counsel, Office of the General
Counsel, Department of Business and Professional Regulation,
2601 B lair Stone Road, Tallahassee, Florida 32399 -2212,
(850)488-0062.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Engineers
RULE NOS.: RULE TITLES:
61G15-33.001 General Responsibility
61G15-33.002 Definitions
61G15-33.003 Design of Power Systems
61G15-33.004 Design of Lighting Systems
61G15-33.005 Design of Communications Systems
61G15-33.006 Design of Alarm and Signaling Systems
61G15-33.007 Design of Lightning Protection Systems
61G15-33.008 Design of Grounding Systems
61G15-33.010 Certification of Electrical Systems of Public
Interest
PURPOSE AND EFFECT: The purpose of the a mendment is
to update and modernize the rules, eliminate unnecessary or
outdated requirements, and ensure the rules encourage modern
professional practice.
SUBJECT AREA TO BE ADDRESSED: To update and
modernize the responsibility rules relating to design of
electrical systems.
RULEMAKING AUTHORITY: 471.008, 471.033(2) FS.
LAW IMPLEMENTED: 471.033 FS.
IF REQUESTED IN WRIT ING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOP MENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Zana
Raybon, Executive Directo r, Board of Professional Engineers,
2639 No rth Monroe Street, Suite B-112, Tallahassee, FL
32303; (850)521-0500.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF HEALTH
Board of Respiratory Care
RULE NO.: RULE TITLE:
64B32-6.007 Continuing Education Requirements for
Reactivation of License
PURPOSE AND EFFE CT: The Board proposes the
development of a rule amendment to upd ate the language
regarding continuing education requirements for reactivation of
license.
SUBJECT AREA TO BE ADDRESSED: Update rule language
regarding continuing education requirements for reactivation of
license.
RULEMAKING AUTHORITY: 456.036, 468.363 FS.
LAW IMPLEMENTED: 468.363 FS.
IF REQUESTED IN WRIT ING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOP MENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Allen
Hall, Executive Director, Board of Respiratory Care, 4052 Bald
Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255,
Allen.Hall@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF FINANCIAL SERVICES
Division of Unclaimed Property
RULE NOS.: RULE TITLES:
69G-20.001 REGISTRATION
69G-20.0011 FULL DISCLOSURE STATEMENT
69G-20.0021 PROCEDURES FOR FILING CLAIM
69G-20.0022 PROOF OF OWNERSHIP AND
ENTITLEMENT TO UNCLAIMED
PROPERTY
69G-20.0026 CLAIMANT AFFIDAVIT
69G-20.036 REMITTING OF SAFE DEPOSIT BOX
CONTENTS AND REIMBURSEMENT OF
EXPENSES
PURPOSE AND EFFECT: The proposed amendments to Rule
69G-20.001, F.A.C., will update the require ments for
registration as a claimant’s representative and the
corresponding form. The proposed amendments to Rule 69G -
20.0021, F.A.C., will update the procedural requirements for
filing claims for unclaimed property; clarify claims
Florida Administrative Register Volume 43, Number 151, August 4, 2017
3395
requirements; update the affidavit forms for proving identity
and authenticity; update and revise documentation
requirements; and adopt new claim forms to be used by
apparent owners, beneficiaries, business a ssociations,
registered claimant’s representatives, holders, and other states.
The proposed amendments to Rule 69G -20.0022, F.A.C., will
clarify how notice of claim d etermination is provided and how
disbursement is made. The proposed amendment to Rule 69G -
20.036, F.A.C., will update the form used by holders to request
reimbursement for safe deposit costs, which i s being
incorporated into the claim form for holders. Based on the
proposed amendments to Rule 69G-20.0021, Rules 69G -
20.0011 and 69G-20.0026, F.A.C., are proposed for repeal.
SUBJECT AREA TO BE ADDRESSED: Updates to the
procedures, requirements, and forms for filing unclaimed
property claims and registering as a claimant’s representative.
RULEMAKING AUTHORITY: 717.119, 717.124, 717.12404,
717.1351, 717.138, 717.1400, F.S.
LAW IMPLEMENTED: 92.50, 92.525, 117.05, 409.25658,
668.50, 717.101, 717.117, 717.119, 717.1201, 717.124,
717.12403, 717.12404, 717.12405, 717.12406, 717.1242,
717.1243, 717.1244, 717.125, 717.126, 717.1261, 717.1262,
717.127, 717.1301, 717.135, 717.1351, 717.1383, 717.1400,
F.S.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD
AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, August 29, 2017, from 10:00 AM
to 12:00 PM
PLACE: Room 116, Larson Building, 200 East Gaines Street,
Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Di sabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 5 days before the workshop/meeting by
contacting: Phillip Carlton, Assistant Director, telephone: (850)
413-5570, email: DUPRules@myfloridacfo.com. If you are
hearing or speech impaired, please contact the agency using the
Florida Rela y Service, 1( 800)955-8771 (TDD) or 1(800)955-
8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOP MENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Phillip
Carlton, Assistant Director, Division of Unclaimed Property,
Department of Financial Services, telephone: (850)413-5570,
address: 200 E. Gaines St., Tallahassee, FL 32399, email:
DUPRules@myfloridacfo.com. The text of the proposed rules
is also available on the Department's website at
http://www.myfloridacfo.com/Division/GeneralCounsel/Rule
WorkshopMeetings/default.asp.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
Section II
Proposed Rules
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
RULE NOS.: RULE TITLES:
61-20.001 Licensing Procedure for Manager's License
61-20.002 Inactive Status and Renewal of Manager's
License
61-20.0025 Exemption of Spouses of Members of
Armed Forces from Licensure Renewal
Provisions
61-20.003 Business Entity Registration
61-20.004 Unexcused Absences
PURPOSE AND EFFECT: To update and revise forms
provided in the rules, clarify existing language, and remove
unnecessary language within the rules’ text.
SUMMARY: The proposed rulemaking amends Rules 61-
20.001, .002, .0025, .003, and .004, F.A.C., to update and revise
forms provided in the rules, clarify existing language, and
remove unnecessary language within the rules’ text
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION:
The Agency ha s 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 wit hin
one year after the implementa tion of the rule. A SERC has not
been prepared by the Agency.
The Agency has d etermined that the proposed rule is not
expected to require legislative ratification ba sed on the
statement of esti mated regulatory co sts 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: 455.02(2), 455.2035,
455.271, 455.207(3), 468.4315(3), FS.
LAW IMPLEMENTED: 120.60, 455.02(2), 455.271, 468.432,
468.433, 468.435, FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE SCHEDU LED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Thomas J. Izzo, Assistant General
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