64E-5.1203: General Provisions
64E-5.1204: Certification Requirements for Radon Measurement Specialists and Technicians
64E-5.1205: Certification Requirements for Radon Mitigation Specialists and Technicians
64E-5.1206: Certification Requirements for Radon Measurement Businesses
64E-5.1207: Certification Requirements for Radon Mitigation Businesses
PURPOSE AND EFFECT: The proposed changes to Chapter 64E-5, Florida Administrative Code, address a shortfall in fee revenues for services provided by the Radon Certification Program. Twenty years ago (1988), the certification fees were set at the minimum of the range, $200.00, for all radon certification categories in Chapter 64E-5, F.A.C. No fee revisions have been made since the original fee implementation while inflation as calculated by the consumer price index has increased by 75%. A review of fee revenue versus expenditures for the fiscal year starting in 2004 through that ending in 2007, found that average revenues for the period covered only 55% of expenditures. These rule amendments reflect an increase in radon certification fees designed to ensure the future fiscal health of the certification program. Fees are to increase over a four year period in order to lessen the impact on industry.
SUMMARY: Areas addressed include fees for services in the Radon Certification Program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The principal financial impact of this rule will come from program fees. It is estimated that at the end of the four year period approximately $75,000 in additional fees will be generated annually. These fees include annual radon certificate fees for measurement and mitigation technicians, specialists and businesses. Since this rule impacts businesses that range in size from large environmental assessment firms to small sole proprietor home inspection companies, the program fees will impact small businesses.
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: 404.056 FS.
LAW IMPLEMENTED: 404.056 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: December 22, 2008, 3:00 p.m.
PLACE: Bureau of Community Environmental Health, Conference Room 225Q, Capital Circle Office Center, 4042 Bald Cypress Way, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Val Grant, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1710. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eric Grimm, Chief, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1710
THE FULL TEXT OF THE PROPOSED RULE IS:
64E-5.1203 General Provisions.
(1) through (6) No change.
(7) A request for annual certification renewal shall be submitted with a nonrefundable renewal fee of $200. For renewal requests received prior to expiration of the certification, the fee schedule set forth in this part will apply. For renewal requests received after certification has expired, the fee schedule for application and certification will apply. A certification renewal shall be issued or denied according to the criteria set forth in this part.
(a) Annual certification renewal fee schedule.
1. Radon Measurement or Mitigation Business.
Renewal request received on or before June 30, 2009: $200
Renewal request received between July 1, 2009 and June 30, 2010: $275
Renewal request received between July 1, 2010 and June 30, 2011: $350
Renewal request received between July 1, 2011 and June 30, 2012: $425
Renewal request received on or after July 1, 2012: $500
2. Radon Measurement or Mitigation Specialist
Renewal request received on or before June 30, 2009: $200
Renewal request received between July 1, 2009 and June 30, 2010: $250
Renewal request received between July 1, 2010 and June 30, 2011: $300
Renewal request received between July 1, 2011 and June 30, 2012: $350
Renewal request received on or after July 1, 2012: $400
3. Radon Measurement or Mitigation Technician
Renewal request received on or before June 30, 2009: $200
Renewal request received between July 1, 2009 and June 30, 2010: $225
Renewal request received between July 1, 2010 and June 30, 2011: $250
Renewal request received between July 1, 2011 and June 30, 2012: $275
Renewal request received on or after July 1, 2012: $300
(8) through (11) No change.
Specific Authority 404.042, 404.051, 404.056 FS. Law Implemented 404.051(1), (10), 404.056(5), 404.071(1) FS. History–New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1304, Amended________.
64E-5.1204 Certification Requirements for Radon Measurement Specialists and Technicians.
(1) The following is required for certification as a radon measurement specialist and measurement technician:
(a) The individual shall submit an application on DH Form 1751 Jan. 93, which is herein incorporated by reference and which is available from the department. The application shall include the nonrefundable application and certification fee according to the fee schedule set forth in this part of $200 and documentation of the applicant’s relevant education and experience, as specified on DH Form 1751 Jan. 93.
(b) Individuals who have never been certified must have attended within the last 2 years of the training examination date a course on radon measurement that has been approved by the department. The technician applicant also shall have received a score of 65 percent or greater on the measurement technician training examination to be administered by the department at least three times per year. The specialist applicant also shall have received a score of 75 percent or greater on the measurement specialist training examination to be administered by the department at least three times each year. If a specialist applicant receives a score of less than 75 percent but greater than or equal to 65 percent, he can be certified as a measurement technician by making a written request to the department for a change from specialist to technician. If an applicant wishes to be reexamined for specialist or technician certification, he must reapply by submitting a completed application with experience history and a the $200 nonrefundable application and certification fee. On approval of the new application, the applicant can take the next scheduled department exam. Applicants can review their exam results during normal working hours at the department’s office in Tallahassee by requesting an appointment at least 5 business days prior to the review.
(c) Application and certification fee schedule.
1. Radon Measurement Specialist.
Application received on or before June 30, 2009: $200
Application received between July 1, 2009 and June 30, 2010: $275
Application received between July 1, 2010 and June 30, 2011: $325
Application received between July 1, 2011 and June 30, 2012: $375
Application received on or after July 1, 2012: $425
2. Radon Measurement Technician
Application received on or before June 30, 2009: $200
Application received between July 1, 2009 and June 30, 2010: $250
Application received between July 1, 2010 and June 30, 2011: $275
Application received between July 1, 2011 and June 30, 2012: $300
Application received on or after July 1, 2012: $325
(2) No change.
Specific Authority 404.042, 404.051, 404.056, 404.071 FS. Law Implemented 404.051(1), (4), 404.056(5), 404.071(3) FS. History– New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1305, Amended________.
64E-5.1205 Certification Requirements for Radon Mitigation Specialists and Technicians.
(1) The following is required for certification as a radon mitigation specialist and technician:
(a) The individual shall submit an application on DH Form 1751 Jan. 93, a nonrefundable application and certification fee according to the fee schedule set forth in this part of $200, and documentation of the applicant’s relevant education and experience, as specified on DH Form 1751 Jan. 93.
(b) Individuals who have never been certified must have attended within 2 years of the training examination date a course on radon diagnostics and mitigation that has been approved by the department. The technician applicant also shall have received a score of 60 percent or greater on the mitigation technician training examination to be administered by the department at least three times per year. The specialist applicant also shall have received a score of 70 percent or greater on the mitigation specialist training examination to be administered by the department at least three times each year. If a specialist applicant receives a score of less than 70 percent but greater than or equal to 60 percent, he can be certified as a mitigation technician by making a written request to the department for a change from specialist to technician. If an applicant wishes to be reexamined for specialist or technician certification, he must reapply by submitting a completed application with experience history and a the nonrefundable $200 application and certification fee. After approval of the new application, the applicant can take the next scheduled department exam. Applicants can review their exam results during normal working hours at the department’s office in Tallahassee by requesting an appointment at least 5 business days prior to the review.
(c) Application and certification fee schedule.
1. Radon Mitigation Specialist.
Application received on or before June 30, 2009: $200
Application received between July 1, 2009 and June 30, 2010: $275
Application received between July 1, 2010 and June 30, 2011: $325
Application received between July 1, 2011 and June 30, 2012: $375
Application received on or after July 1, 2012: $425
2. Radon Mitigation Technician
Application received on or before June 30, 2009: $200
Application received between July 1, 2009 and June 30, 2010: $250
Application received between July 1, 2010 and June 30, 2011: $275
Application received between July 1, 2011 and June 30, 2012: $300
Application received on or after July 1, 2012: $325
(2) No change.
Specific Authority 404.042, 404.051, 404.056, 404.071 FS. Law Implemented 404.051(1), (4), 404.056(5), 404.071(3) FS. History– New 1-3-89, Amended 5-21-90, 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1306, Amended________.
64E-5.1206 Certification Requirements for Radon Measurement Businesses.
The following qualifications are required for certification as a radon measurement business:
(1) Submission of an application for certification on DH Form 1749 Jan. 93, which is herein incorporated by reference and which is available from the department, and a nonrefundable application and certification fee of $200. from the following schedule:
Application received on or before June 30, 2009: $200
Application received between July 1, 2009 and June 30, 2010: $300
Application received between July 1, 2010 and June 30, 2011: $375
Application received between July 1, 2011 and June 30, 2012: $450
Application received on or after July 1, 2012: $525
(2) through (12) No change.
Specific Authority 404.042, 404.051, 404.056, 404.071 FS. Law Implemented 404.051(1), (3), (4), (7), (8), 404.056(5), 404.071(3) FS. History– New 1-3-89, Amended 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1309, Amended________.
64E-5.1207 Certification Requirements for Radon Mitigation Businesses.
The following qualifications are required for certification as a radon mitigation business:
(1) Submission of an application on DH Form 1749 Jan. 93, and a nonrefundable application and certification fee from the following schedule: of $200.
Application received on or before June 30, 2009: $200
Application received between July 1, 2009 and June 30, 2010: $300
Application received between July 1, 2010 and June 30, 2011: $375
Application received between July 1, 2011 and June 30, 2012: $450
Application received on or after July 1, 2012: $525
(2) through (18) No change.
Specific Authority 404.042, 404.051, 404.056, 404.071 FS. Law Implemented 404.051(3), (4), (7), (8), 404.056(5), 404.071(3) FS. History–New 1-3-89, Amended 10-24-90, 1-18-94, 12-9-96, Formerly 10D-91.1310, Amended________.