Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Departmental
RULE NO: RULE TITLE
61-5.005: License Renewal Fee Waivers
PURPOSE AND EFFECT: Update the rule language to omit prior renewal fee waivers and implement a renewal fee waiver for Real Estate brokers, Real Estate sales associates and Community Association Managers.
SUMMARY: Deletes prior renewal fee waivers and implements new renewal fee waivers.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 455.219 FS.
LAW IMPLEMENTED: 455.219 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Martinez, Deputy General Counsel, DBPR, 1940 North Monroe Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

61-5.005 License Renewal Fee Waivers.

(1) Pursuant to Section 455.219(1), Florida Statutes, the Department of Business and Professional Regulation has determined, based on long-range estimates of the revenue required to implement all provisions of law relating to the regulation of professions, that certain professions have an excess of trust fund moneys required to cover the functions necessary to regulate those professions. These professions, as outlined in subsections (2), (3), and (4) below, are therefore eligible to receive a waiver of license renewal fees for a period not to exceed two years. This is a one-time waiver and is available only in the two year period following the effective date of this rule.

(2) The full renewal fee is waived for licensees of professions named in this subsection renewing their license in the two year period following the effective date of this rule.

(a) Electrical contracting, regulated pursuant to Part II of Chapter 489, F.S., and whose renewal fees are set in Rule 61G6-8.001, F.A.C.;

(b) Employee leasing, regulated pursuant to Part XI of Chapter 468, F.S., and whose renewal fees are set in Rule 61G7-5.001, F.A.C.;

(c) Harbor piloting, regulated pursuant to Chapter 310, F.S., and whose renewal fees are set in Rule 61G14-14.004, F.A.C.;

(d) Real estate appraisers, regulated pursuant to Part II of Chapter 475, F.S., and whose renewal fees are set in Rule 61J1-2.001, F.A.C.; and

(e) Veterinary medicine, regulated pursuant to Chapter 474, F.S., and whose renewal fees are set in Rules 61G18-12.005 and 61G18-12.009, F.A.C.

(3) One half of the full renewal fee for licensees of professions named in this subsection renewing their license in the two year period following the effective date of this rule is waived. The following professions covered by this subsection are:

(a) Certified public accountancy, regulated pursuant to Chapter 473, F.S., and whose renewal fees are set in Rule 61H1-31.001, F.A.C.;

(b) Architecture and interior design, regulated pursuant to Part I of Chapter 481, F.S., and whose renewal fees are set in Rules 61G1-17.001, 61G1-17.002, and 61G1-17.003, F.A.C.;

(c) Auctioneering, regulated pursuant to Part VI of Chapter 468, F.S., and whose renewal fees are set in Rule 61G2-3.005, F.A.C.; and

(a)(d) Real estate brokers and sales associates salespersons, regulated pursuant to Part I of Chapter 475, F.S., and whose renewal fees are set in Rule 61J2-1.011, F.A.C.

(b) Community association managers regulated pursuant to Part VIII of Chapter 468, F.S., and whose renewal fees are set in Rule 61-20.504, F.A.C.

(4) One fourth of the full renewal fee for licensees of professions named in this subsection renewing their license in the two year period following the effective date of this rule is waived. The following professions covered by this subsection are:

(a) Landscape architecture, regulated pursuant to Part II of Chapter 481, F.S., and whose renewal fees are set in Rule 61G10-12.009, F.A.C.; and

(b) Surveying and mapping, regulated pursuant to Chapter 472, F.S., and whose renewal fees are set in Rule 61G17-8.0011, F.A.C.

(3)(5) For renewals covered by this rule, the separate five dollar unlicensed activity fee collected pursuant to Section 455.2281, F.S., must still be paid at the time of renewal by all licensees. Further, this rule does not waive any additional fees owed at the time of renewal, such as late renewal or penalty fees.

Specific Authority 455.219(1) FS. Law Implemented 455.219(1) FS. History–New 10-1-00, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Martinez, Deputy General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 31, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 5, 2006