IMG1
The Voice for Small Business in Florida



 
Rules reviewed or being reviewed by Florida Small Business Regulatory Council
AGENCY:
Department of Business and Professional Regulation
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Rule Description Council Action Agency Response
61-27.001, 002, 003, 004     Repeals rules requiring the encouragement and promotion of utilization of minority business enterprises for contracting goods and services. Summary of rules states

    “the Florida Advisory Council on Minority Business Development and the DMS, as opposed to individual agencies, now monitor and enforce the directives of Chapter 287, F. S., related to the utilization of minority businesses.”		     12/15/09 Sent letter to agency requesting they consider repealing pro-small business rules

    01/22/10-The Council reviewed the response letter from the agency and after discussion determined that they will research and discuss their concerns with JAPC and follow up at the next meeting.

    02/26/10-NO FURTHER ACTION PER COUNCIL		     Agency sent a very nice letter of explanation regarding their actions in working with JAPC on this rule
61-35.0271 - 02723     Rule updates all real estate licensure forms. Letter to council accompanying rule

    indicates DBPR feels there will be no impact on small businesses, but wanted to make

    sure to send Council old and new forms for comparison. There are more lengthy

    forms, but are tailored to individual situations. I have reviewed the old and new

    forms and instructions, and the new ones are longer, but do appear to better

    explain and categorize applicant information.		     12/04/09 No Action Needed Per Council.     No Information at This Time
61C-3.001     Addresses carbon monoxide detector installation requirements and the procedure for requesting mitigation determination approval from the Division.     Council asked staff to research what costs are to businesses and whether this is mandated by statute, but no action at this time.

    

    12/04/09 No Action Needed per Council.		     Spoke with agency rep. Michelle Cominger. States Agency working with industry, did what felt needed to do. Will talk with their legal dept. and get back with us. No further communication from Agency

    

    
61C-3.001     Requires publishing a specifically worded notice in public lodging establishments when dishware, glassware, etc. are only cleaned and not sanitized. Eliminates some requirements for linens, etc. Requires specific locks that cannot be opened by other than a master guest room key, updates the balcony inspection form; eliminates

    requirement that room rates be filed.		     12/04/09 No Action Needed Per Council.

    		     Rule Finalized-03/24/10
61D-14.002     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.005     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.006     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.008     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.010     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.020     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.023     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.036     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.038     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.041     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.044     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.047     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.053     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.063     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.075     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.079     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.087     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.096     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.097     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61D-14.098     Various rules regulating slot machines parimutual racing sites     Per Council these are not small businesses. No Action needed     Rule Finalized-06/21/2010
61E13-2.005     Positive Rule - Currently pilots must submit an audited financial statement with an application for a change in pilotage rates if the pilot's consolidated or combined revenue is less than $250,000. This rule changes that threshold to $1,000,000.     004/02/10-No Action Per Council     No Information at This Time
61E14-2.001     Rule requires management firms to be licensed if property is more than 10 units or has a budget of $100,000 or greater - F. S.468.432, and includes them in other licensure requirements. SERC summary states 2,768 mgmt. firms will be expected to comply. Minimum cost each biennium will be $105.00. SERC states 1,000-4,999 small businesses will be impacted.

    		     10/1 TC to A. Spivey re: copy of SERC. Will get one to me.

    Letter sent 10/9 requesting SERC.

    

    No Action by Council 10/23/09		     Rule Finalized-04/21/10
61E14-3.002     Rule requires all licensees (see below Rule 61E14.2 requiring firms, as well as individual managers to be licensed) to pay a special assessment fee. The Council assessed the fee in 2002 ($200), and by statute can do this every four years. The concern with this rule is that the fee amount is not specified. It states instead, “Each

    licensee, whether active or inactive, shall pay a special assessment fee “as determined necessary by the Council.” On 10/9 I spoke to Ms. Yates of Bluwater Management Services, who states they are a small business and will have a difficult time determining how big an impact this rule will have if they have no idea how much the fee will be. No SERC was done. 		    10/9/09 Requested a SERC via letter.     UPDATE: This rule has been withdrawn.
61E14-4.001     The rule amendment is proposed to improve licensee’s continuing education by requiring at least ten (10) hours of the required continuing education be in an approved classroom setting. The proposed rule amendment also requires licensees who receive a license after January 1, 2010, who would otherwise be exempt from continuing education requirements until the September 2012 biennium, to take an annual legal update course. The rule amendment will require at least ten (10) of the required twenty (20) continuing education hours per biennial licensing period to be taken in an approved classroom setting. The rule amendment will also require licensees who receive a license after January 1, 2010, who would otherwise be exempt from continuing education requirements until the September 2012 biennium, to take an annual legal update course during years 2010 and 2011. SERC says no transactional costs will be incurred. 5,000 small businesses will be affected.     Moved to 12/11/09 agenda     11/06/09 Rule Withdrawn
61E14-4.002     Requires that at least 10 hours of licensee’s continuing education be in an approved classroom setting. Also requires licensees who are licensed after January, 2010, to

    take an annual legal update course. SERC says no transactional costs will be incurred. 5,000 small businesses will be affected.		     No Information at This Time     No Information at This Time
61G15-31.001     This rule requires a structural “engineer of record” who delegates design

    requirements to another engineer to do so in writing, and to review design

    documents for conformance with his delegation, and makes the engineer

    ultimately responsible for the accuracy of the information contained therein.

    Requires design drawings to be signed and sealed, with numerous requirements of

    items to be included. No SERC was prepared. 12/4/09 I sent a letter requesting a

    SERC.		     12/15/09-Letter send requesting SERC     No Information at This Time
61G3-16.007     This rule eliminates language referring to a practical examination because the Board no longer requires a practical portion of the state barbers' examination.     04/23/10-No Action by Council     No Information at This Time
61G3-19.011     Rule requires barbers who employ, or allow to practice in their shops, cosmetologists to: a) display that person’s laminated license conspicuously; b) display barber’s latest inspection report; c) ensure the cosmetologist complies with cosmetology board rules regarding sanitation. SERC states cannot determine how many cosmetologists work in barber shops as are not required to keep those stats; however, there are 2,800 barber shops that could potentially have them. States cosmetologists already must sanitize, but the new rule requires more frequent sanitation with more chemicals. This rule is in development still.

    		     12/11/09 No Action per Council     No Information at This Time
61G3-19.015     The rule changes the inspection schedule for barber shops from an annual inspection to a bennnial one.

    

    RULE BECAME FINAL 04/05/10.		     02/26/10-No Action per Council     Rule Finalized-04/05/10
61G3-21.001     Rule raises the fine for not properly displaying barber’s license from a range of $50-$250 to a range of $100-$500. SERC states barber is warned, given 15 days to comply, then the fine would be implemented. Also states only 10 citations issued in past three years. This fine range is statutorily allowed, max. is $500.     No Action by Council 10/23/09     Rule Rinalized 11/26/09

    
61G3-21.009     61G3-21.009 provides penalty of $50 (first offense) and $100 (each subsequent offense) for failure to laminate barber’s license. 61G3-21.012 provides for a notice

    of compliance to be issued for failure to laminate followed by a citation. SERC states no impact on the approximately 200 per year licensees who receive notice, provided

    corrective action is taken.		     12/04/09 No action needed per council     Rule Finalized 12/02/09
61G3-21.012     61G3-21.009 provides penalty of $50 (first offense) and $100 (each subsequent offense) for failure to laminate barber’s license. 61G3-21.012 provides for a notice

    of compliance to be issued for failure to laminate followed by a citation. SERC states no impact on the approximately 200 per year licensees who receive notice, provided

    corrective action is taken.		     No Information at This Time     Rule Finalized 11/25/09
61G5-18.0055     Allows person who pass the written license exam to practice temporarily while awaiting action by the Board. No SERC was completed. The Board determined that the rule has no impact on small businesses.     04/02/10-No Action Per Council.     No Information at This Time
61G5-24.002, 61G5-24.008, 61G5-24.010     These rules increase the biennial renewal fee from $25 to $50, raise the delinquent fee for not renewing in a timely manner from $25 to $50, and raise the original licensing fee from $25 to $50. These are in response to the legislature raising the maximums on each of these fees to $50 in 2009. The increases, per the SERC, are necessary to keep the Board in a positive cash-flow situation. Approximately 120,000 cosmetologists are expected to be impacted by the renewal fees ove the next three years, and approximately 14,000 are expected to be impacted by the delinquent fee over the next three years.     04/02/10 No Action Per Council.     No Information at This Time
61G5-32.001     Adds the requirement of inclusion of publication sites for source materials used in continuing education training. No SERC completed.

    		     01/22/2010 No Action per Council     Rule Finalized-03/02/10
61G6-8.002     Provides for a special assessment fee for licensees of $75.00. This is allowed every four years. It has been exactly four years since the last assessment. SERC states 12,000 licensees (electrical contractors) will be affected, with 5,000 of those being small businesses. This fee is allowed by statute.     04/02/10 No Action Per Council     No Information at This Time
61G8-8.002     Provides for a special assessment fee for licensee of $75.00. This is allowed every four years. It has been exactly four years since the last assessment. SERC states 12,000 licensees (electrical contractors) will be affected, with 5,000 of those being small businesses. This fee is allowed by statute.     No Information at This Time     No Information at This Time
61H1-33.001     This group of rules deletes the annual laws and rules exam. requirement, changes biennial reporting date, and strikes language granting an automatic extension for licensees if they submit an extra 8 hours, and an even longer extension if they provide 16 extra hours. Staff emailed the Florida Institute of CPA’s regarding concern for this deletion. John

    Johnson, Director of the governmental affairs section, sent back an email stating they had expressed concerns for this rule to the board at its August 5th meeting, and the board indicated it will put the rule back to its original version, and work with FICPA before moving forward in the

    future.

    		     Letter sent to Agency requesting SERC. Agency Response: Agency already agreed with industry reps. to put rule back to original state, and to consult with industry in future.     Rule Finalized 12/10/09
61H1-33.003     This group of rules deletes the annual laws and rules exam. requirement, changes biennial reporting date, and strikes language granting an automatic extension for licensees if they submit an extra 8 hours, and an even longer extension if they provide 16 extra hours. Staff emailed the Florida Institute of CPA’s regarding concern for this deletion. John Johnson, Director of the governmental affairs section, sent back an email stating they had expressed concerns for this rule to the board at its August 5th meeting, and the board indicated it will put the rule back to its original version, and work with FICPA before moving forward in the future.     No Action per Council     Rule Finalized 12/10/09.
61H1-33.0032     This group of rules deletes the annual laws and rules exam. requirement, changes biennial reporting date, and strikes language granting an automatic extension for licensees if they submit an extra 8 hours, and an even longer extension if they provide 16 extra hours. Staff emailed the Florida Institute of CPA’s regarding concern for this deletion. John Johnson, Director of the governmental affairs section, sent back an email stating they had expressed concerns for this rule to the board at its August 5th meeting, and the board indicated it will put the rule back to its original version, and work with FICPA before moving forward in the future.     No Action per Council     Rule Finalized 12/10/09
61H1-33.006     Rule increases CPE class requirements for reactivation after delinquency or inaction as follows: If inactive for one reporting period (2 years), must complete regular

    requirements plus 40 additional CPE hours (was 32); if inactive two reporting periods must complete regular requirements plus 120 additional CPE hours (new language);

    If inactive three reporting periods must complete regular requirements plus 200 additional CPE hours (new language). Deletes requirement to pass exams. Summary of SERC in rule notice states 500 applicants impacted, but does not know how many of those are small businesses.

    		     10/09 Requested copy of SERC.

    

    10/23/09-NO ACTION PER COUNCIL		     Rule Finalized 12/10/09
61K1-1.003     These rules establish standards and regulations for kickboxing, professional boxing, and mixed martial arts. When rule was still in development, staff spoke to M. Davis, Vice-president of Florida Gulf Coast Amateur Boxing Assoc. Says he does not believe these rules will have a huge impact, as Florida is lagging behind other states that already have such rules. Feels the HIV testing rule adds safety to the sport. The rules require announcers, timekeepers, judges, physicians, trainers, managers, promoters and others to be licensed, and sets standards and fees for granting and revoking licenses. Some fees have been raised based on financial need of the commission and

    the lag of fees behind other states. SERC estimates 2,561 affected.

    		     01/22/2010 No Action per Council     Rule Finalized-03/15/10
Department of Financial Services
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Rule Description Council Action Agency Response
69A-42.003     Maintains separation distances between mobile homes     No action.     Agency states these distances were in effect until December, 2008. National Standards recently changed their rules, and state wants to maintain prior standards.

    

    10/19/09 Rule Finalized
69B-241     The rule creates a new chapter that delineates penalties for violations of rules and statutes by bail bond agents. The penalties included are those for rule and statutory violations, as well as conviction of felony crimes of moral turpitude. The rule classifies crimes as Class A, B, or C, and the penalty is the same for each crime of each class. There are mitigating factors listed which can convert the penalty to a fine and probation. If the penalty exceeds 24 months’ suspension, the penalty will be revocation. The penalties are graduated from less to more severe, and are statutorily permitted and/or mandated. The SERC indicates no impact on small businesses. The only impact would be on those who violate the rules and/or commit crimes.     No Action by Council-7/9/10     No Information at This Time
69K-12.002     Increases fees for initial licensure of Monument Establishments and centralized embalming facilities, and adds biennial renewal with fee. These are allowed by statute and are at or below maximums.     No action.     Rule Finalized 10/05/09
69K-24.040     Increases fees for initial licensure of Monument Establishments and centralized embalming facilities, and adds biennial renewal with fee. These are allowed by statute and are at or below maximums.     No Action     Rule Finalized 12/13/09
69L-5.101     Amended to concurrently repeal and replace all existing rules with new rules which have been restructured and renumbered to promote clarity and efficiencies to the process by which self-insured employers comply with the duties and obligations associated with the privilege of self-insuring pursuant to Chapter 440, Florida Statutes.     Table for information from JAPC. Staff to bring back when more information available.

    No Action		     Rule Finalized-03/09/10
69L-7.602     Rule amendment reflecting changes and updates to forms, reference materials, EDI requirements, and billing instructions for providers and insurers of Florida Workers’ Compensation Medical Services Billing, Filing, and Reporting Rule     No Information at This Time     Rule Finalized-01/12/10
69W-600.0021     This rule sets requirements for limiting registration as an associated person in the securities industry. "Associated person" means: (a) With respect to a dealer or investment adviser, any of the following: 1. Any partner, officer, director, or branch manager of a dealer or investment adviser or any person occupying a similar status or performing similar functions; 2. Any natural person directly or indirectly controlling or controlled by such dealer or investment adviser, other than an employee whose function is only clerical or ministerial; or 3. Any natural person, other than a dealer, employed, appointed, or authorized by a dealer, investment adviser, or issuer to sell securities in any manner or act as an investment adviser as defined in this section.” F. S. 517.021. Impact is that applicants with certain criminal backgrounds may be denied registration, or may be disqualified for a period.     12/04/09No Action Needed per Council     Rule Finalized-03/02/10
Agency for Health Care Administration
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Rule Description Council Action Agency Response
40D-8.041     Rule establishes minimum flows for Dona Bay/Shakett Creek System (roughly between Sarasota and Venice). The minimum flow is set at 100% of the natural flow.

    		     12/22 TC to K. Lloyd of the agency. States so much ditching and draining from rain and development, has way more water than needed. No SERC done, but sent report.

    

    01/22/10 Council reviewed and directed staff to send a letter (sent 01/26/10) requesting a SERC and that the agency take no further action on this proposed rule until they have a complete notification packet from the agency.

    02/26/10 On hold until Agency submits letter of explanation as to why no SERC was prepared in compliance with FL Statutes.

    No Action by Council 5/21/2010		     Rule Finalized-03/28/10
59A-26.001     New rule regulating licensing and standards of quality and adequacy of care for intermediate care facilities for the developmentally disabled.     No Action per Council     No Information at This Time
59A-35.020 et. al.     Creates a new chapter re: establishing licensure requirements, application procedures and administrative procedures for all health care providers licensed by HCA. Full SERC appears to be in rule notice. SERC states transactional costs likely to decrease over time as licensees adjust to new forms and procedures. Some new background screening fees are created and others increased. 32,000 entities impacted and some small businesses will be required to obtain computer access to submit forms online. Small businesses impacted include Adult Family Care Homes, Homemaker Companion Service Providers, Home Medical Equipment Providers, Homes for Special Services, Adult Day Care Centers, Clinical Laboratories, Rural Health Clinics, Rehabilitation Agencies, etc.     12/15/09 Letter requesting add'l information not addressed in the SERC:

    1. What, if any, additional administrative or financial burdens will be placed on small businesses who are already licensed by your agency?

    2. Is there a grandfathering clause exempting currently licensed businesses from these rules?

    3. What statutory modifications did you consider in this rulemaking to lessen the burden of this rule on small businesses?

    

    01/22/10 The Florida Assisted Living Facility Society (ALFS) attended the meeting and presented their concerns regarding this rule

    

    01/26/10 The Council sent a letter to the agency requesting lower cost alternatives as well as a follow up request to their letter of 12/15/09, as there has been no response to date as well as requests that the agency respond prior to proceeding with this rulemaking.		     No Information at This Time
59A-4.103 et. al.     Rule, among other things, provides agency will now review any building refurbishment, renovation, remodel, etc. on nursing homes, for a fee of $2,000.00     Letter to agency requesting SERC. Passed to 8/28 agenda for additional letter to agency re: necessity for fee and justification of potential overlap with other state and local building authorities.

    

    No Action per Council		     Agency provided SERC. No response as of yet to letter re: fee.
59G-13.051     This rule incorporates the updated ASsisted Living for the Elderly Waiver Services Procedure Codes and Fee Schedule. On 3/19 we contacted the agency, which stated that a rules package was being sent to the Council. As of 3/29/10 it has not been received.     04/02/10-SERC Rec'd on 03/30/10; rule will be reviewed at next meeting.

    04/23/10-No Action By Council		     03/30/10-rec'd SERC from agency
59G-13.083     This rule incorporates a Revised Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook. On 3/17 the Council contacted the agency, which stated that this is a paperwork reduction rule done in response to providers' requests. Updated the SERC to state that. (Note: SERC states that it has five pages, but there are only four.)     04/02/10 No Action Per Council.     No Information at This Time
59G-13.132     Relates to adult diaper disposal. Incorporates fees and rules in “code”. No SERC sent to Council.     Letter to agency requesting SERC. Also spoke with agency rep. on telephone. Moved to 8/28 agenda to request SERC again.

    No Action per Council		     Agency withdrew rule (for other reasons)

    

    09/11/09 Back in Development
59G-4.070     The rule incorporates the latest edition of the Medicaid Durable Medical Equipment and Supply Services Coverage and Limitations Handbook. The new handbook includes the provision for durable medical equipment suppliers to now include coverage of diapers, pull-ons, etc. for children 4-20. This takes the coverage from Medicaid waiver providers to Medicaid providers. This rule change is the result of a U. S. District court case. Per the SERC, the DME providers who are now allowed to provide these services will need to have education and training regarding the regulations, and small businesses that were waiver providers will lose the diaper component of that service if they do not meet the requirements to become DME’s. Currently there are 580 waiver providers who provide incontinence supplies in Florida. To become eligible, these businesses must become accredited and also maintain a surety bond. There is no indication in the SERC of just what the costs might be for meeting these requirements.     No Action by Council-7/23/10     No Information at This Time
59G-4.300     This rule relates to Medicaid services in state mental hospitals. No private hospitals or facilities are addressed via this rule.     04/23/10-No Action by Council     No Information at This Time
59G-4.340     This rule reduces the number of eyeglasses Medicaid will provide for adults in a given year. This will reduce the number of lenses and frames a provider can get paid for by Medicaid. The Council contacted the agency re: lack of information in the SERC regarding impact to small business. They sent some supplemental materials, but still seems to be a lack of information regarding what the impact may be on those providers.     04/02/10 Letter requesting additional information to be sent to Agency.

    No Action by Council 5/21/2010		     No Information at This Time
59G-6.010     This rule implements a federal mandate to adjust Medicaid reimbursement rates. Additionally, it sets a daily assessment rate. The rule exempts nursing homes with

    45 or fewer patients and allows the agency to charge a reduced assessment for some nursing facilities with a large Medicaid patient population. 11/20 spoke to E. Stephens, agency contact, who states that he had a conversation with JAPC a while back and they indicated that his chapter of responsibility (59G-6) really does not impact small businesses, but rather large nursing facilities and hospitals and that is why no SERC was completed.		     12/04/09 No Action Needed Per Council.     Rule Finalized-03/03/10
59G-6.045     To incorporate changes to the Florida Title XIX Intermediate Care Facilities (ICF) for the Mentally Retarded and the Developmentally Disabled Facilities not Publicly Owned and not Publicly Operated. SUBJECT AREA TO BE ADDRESSED: Florida Medicaid Title XIX Intermediate Care Facilities (ICF) for the Mentally Retarded and the Developmentally Disabled Facilities not publicly owned and not publicly operated reimbursement methodology.

    		     12/04/09 No Action Needed per Council.     Rule Finalized-03/03/10
59G-9.070     This rule provides for sanctions for violating Medicaid rules, laws, or regulations. Some of the sanctions in the rule are mandated by statute and some are allowed by statute. SERC states some costs may be incurred by those entities initiating compliance programs to prevent the occurrence of violations.     No Action by Council-7/23/10     No Information at This Time
62.304.805     This rule sets TMDL’s for dissolved oxygen criteria and/or fecal coliforms in Gottfried Creek Coral Creek, and the North prong of Alligator Creek in the Charlotte Harbor Basin. For Coral Creek, the WLA will require a 31% reduction of total nitrogen, a 36% reduction of total phosphorus, and 33% reduction of the biochemical oxygen demand. The LA will require the same reductions. For Gottfried Creek, the fecal coliform TMDL will require a WLA reduction of 74%, and an LA reduction of 74%. For Alligator Creek, the TMDL is 400 counts/100mL, and that calls for a 72% reduction in WLA and LA. The statement of no impact, there are no National Pollutant Discharge Elimination System (NPDES) permitted small businesses in the area (these are subject to the WLA). The agency found, however, that small businesses could be contributing to the LA, and thus would be included in this rule. However, the agency states that, because this rule by itself, does not impose requirements, there is no impact to small businesses. Those impacts would come later as requirements to lower the LA are developed.     No Action by Council 6/25/2010     No Information at This Time
64B24-2.001     Updates licensure application for midwives to comply with statutory mandates.     No Action by Council-7/23/10     No Information at This Time
69I-20.0037     Requires the approximately 14 mail-in secondhand precious metal dealers in Florida to remit unclaimed property and submit a report to the department regarding the property. The SERC estimates average cost will be approx. $5 for preparation of each report, and an average of $5 for shipping the materials to the department.     No Action by Council-7/23/10     No Information at This Time
Southwest Florida Water Management District
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Rule Description Council Action Agency Response
40D-1.002     This rule incorporates well construction permitting agreements between SWFWMD and Manatee and Sarasota Counties into the rule. This agreement already provides these counties delegation to regulate well construction permitting, and will merely extend that agreement another five years. Per the SERC, there are no changes to any transactional costs or processes for permittees. JAPC wrote the agency stating the SERC is not complete, and requesting an amended SERC, or a letter of explanation.     No Action by Council 6/25/2010     No Information at This Time
40D-1.603 et. al.     Allows additional time for permittee to give supplemental information to Department.     No action. This is actually positive for small business.     None.

    

    09/01/09 Rule Finalized
40D-1.607     Raises permit application fees dramatically in some cases. SERC says no fees raised since 1999. Provides for two “new” fees: 1. $100 to process “no notice general permits” and 2. $500 fee to process permit extensions. SERC done, and says 99% of businesses in district are small businesses – 237,000 of them. Only small percentage apply for these types of permits.     7/14 spoke to Susan Martin, Senior Atty, who states that these fees will still only cover 30% of their costs for processing and monitoring these permits. They are exempting all farmers. Wants to know if the Council thinks the Water Management Districts should get together and hire an economist to help quantify how many small businesses are impacted on some of these rules that divide costs according to acreage. Prior meeting, Council directed staff to write dept. and ask to exempt small business.Letter sent same day.

    9/2/09 letter sent to SWFWMD recommending compliance with FS 120.54(3)(b)(2)(a)(I-V) and consideration of reasonable alternatives that will meet their objectives while reducing adverse impact on small business.		     Response received 10/06/09 - to be discussed at next council meeting.

    

    12/07/09 Rule Finalized
40D-2.021 et. al.     Enhanced water conservation measures district-wide for public supply, agriculture, industrial, commercial, mining, dewatering, recreation and aesthetic water uses. Add or enhance existing water conservation requirements and eporting for all water uses. Adds reporting requirements – public supply annual report for general and individual permits, Public supply water use annual report for general water use permits. Restricts non-governmental applicants for water supply for residential developments to importation of only that amount of water that when combined with amount allowable for irrigation, is within the amount allowable on per capita limitations. Adds other various forms. New section requires permittees for a standard

    annual averaged daily water demand of 100,000 gpd or greater for agricultural use to submit a water conservation plan, and includes all that must be in the plan. Many other requirements regarding water conservation. Contacted agency via email for SERC. Received reply that agency trying to locate it. 		    12/15/09-Letter sent agency requesting SERC.

    01/22/10-After discussion, the Council moved this rule review to their next meeting.

    02/26/10 The Council voted to recommend the following lower cost regulatory alternatives: Delete the provision requiring current permitees to convert to irrigation systems that contain rain or soil moisture sensor shutoff devices, and to replace their currently planted vegetation; and add a provision granting a variance from the day-of-week watering schedule for those entities that employ the water conservation measures included in the rule.		     04/27/2009-Rule Finalized
40D-2.091     New permit application for mining and dewatering. Application is much longer.     Spoke to agency rep. who states initial application was old and always had to ask for supplemental information. This eliminates the delay. Additionally, states the online application pops up blocks asking for only information needed based on prior answers to questions. Moved to 8/28 agenda after comments from public.

    9/3/09 letter sent to SWFWMD advising that a copy of the SERC was never received by the Council and requesting another one.

    No Action		     Agency actively involved with Council.

    

    Rule Finalized 11/02/09.
40D-2.091     Requires permittees who are required to submit flow meter accuracy verification forms every five years to do so in particular months. This rule only changes when these forms are submitted. The change, per agency rep. is due to the number of forms received every year at the same time. The agency needs them spaced out more and so set this new rule.     No Action by Council 5/21/2010     No Information at This Time
40D-2.091 et. al. and 40D-80.703     Sets permitting criteria for water use permits regarding minimum flows and recovery strategy for Northern Tampa Bay Water Use Caution Area. 40D-80 is the “Comprehensive Plan” for this area. 1/14/10 TC to agency re: SERC. Will get back to me. Summary of SERC states these rules provide no new admin. or monetary requirements on small businesses, and only affect Tampa Bay Water Co.     01/22/10 The Council reviewed and determined no further action was necessary.     No Information at This Time
40D-2.101     New permit application for mining and dewatering. Application is much longer.     Spoke to agency rep. who states initial application was old and always had to ask for supplemental information. This eliminates the delay. Additionally, states the online application pops up blocks asking for only information needed based on prior answers to questions. Moved to 8/28 agenda after comments from public.

    9/3/09 letter sent to SWFWMD advising that a copy of the SERC was never received by the Council and requesting another one.

    No Action		     Agency actively involved with Council.

    Rule Finalized-01/27/10
40D-22.201     Provided new water irrigation and lawn watering rules. Set limits for watering “new plant materials” and required installation of rain sensor device on auto. sprinkler systems.     Requested SERC, and that agency state whether a qualified person had input on limits for “new plant material”. Also requested agency clarify how they will monitor “only amount necessary” regarding limits on lawn watering.

    9/2/09 letter sent to SWFWMD recommending compliance with FS 120.54(3)(b)(2)(a)(I-V), requesting an explanation of how the rule will be enforced, fee information and fee schedules as part of their analysis of the impact on small business, and verification of the accuracy, integrity, objectivity and consistency of the dates used in the analysis.		     None as of yet.

    

    11/05/09 Rule Finalized.
40D-3.037     This rule adds Southern Solvents Superfund to those listed in the MOA between SWFWMD and the EPA. This MOA allows for the sharing of information between the agencies regarding permitting activities in these superfund sites. The SERC states that the Southern Solvents site is a half-acre site in Tampa, where chemicals for the dry cleaning industry were made or stored. It has been a superfund site since 2000. The SERC indicates no additional costs will be incurred by small businesses that would not be incurred anyway when dealing with such a site, because rules are already in place regulating if and when permitting will occur. There are 63 parcels of land in the buffer zone, 66 of which are residential. There are other use types such as store (1), office buildings, multi-story(4) and warehouses (6). These could potentially be denied a permit, or given more conditions of permits, again based on the superfund designation, not the addition of this zone the MOA.     No Action by Council 5/21/2010     No Information at This Time
40D-3.600     The rule expands the areas covered by the special water well construction standards in Hillsborough County for potable water wells. The rule is the result of 750 potable well problems from unprecedented freezing temps. in 2010. The investigation of these well failures showed that more area than previously covered needed to be included in the standards. This rule will require specific well casing depths to prevent the problems in the future. Potable wells will now have to be encased to a minimum depth of 105 feet below land in North Dover and 147 feet below in South Dover. The SERC states that after the freeze, many wells that went dry during the freeze, returned to normal function afterward. SERC states the expansion will encompass approximately 32 additional square miles in North Dover and 38 in South Dover. The rule will also require individuals already encompassed in the current areas covered by rule to meet the standards when modifying or repairing their wells. Prior rule only required new wells to meet the standards. This does not include pump replacements. The SERC states that from 2005-2009 approx. 90 wells were constructed in the expanded area annually, and 3 modified or repaired. In the existing area, 5 wells were modified or repaired annually. 452 wells were constructed in the 452 wells constructed between 2005 and 2009, 24% meet the new requirements. Transactional costs range between $1,020 and $2,154, the differential between costs to meet prior standards and costs to meet the new standards. The SERC does point out that the benefits to making these changes are potentially significant. Agency contacted 6/21/10 for SERC and sent same day via email.     No Action by Council-7/9/10     No Information at This Time
40D-4.091     The BOR currently requires an applicant to provide reasonable assurances gthat a regulated activity will not cause adverse secondary impacts to certain wetland and surgace water systems. The BOR will specifically include the upland habitat of Bald Eagles in the list of acquatic and wetland dependant species protected from secondary impacts under the District's environmental resource permitting rules.

    

    ERP applicants in areas where historical evidence of past flooding indicates the conditions for issuance of a permit will not be met without considering storm events of different frequency or duration than those listed will have to perform additional analyses to show they can comply with the permit requirements. These permitees may be required to adjust the volume, rate, or timing of discharges. Costs associated with this include cost of additional storm water modeling/analysis, cost of constructing and maintaining larger storm water management systems, and cost of dedicating more land to these systems. The cost estimate in the SERC is $2,000 additional dollars per permit. SERC states district has not completed updating maps so no idea how many permitees will be impacted. Estimates in the SERC range from total capital costs from $4,300 to $217,000, and annual O&M from $39 to $1,936. There may also be no change in costs for some permitees. 		    Will discuss on Aug. 28th agenda and similar rules from St. Johns Water Management.

    9/3/09 letter sent to SWFWMD requesting the following information before implementing the rule: a statement as to the authority the Agency has to regulate the “upland” habitat of the bald eagle, and a statement as any overlap or usurpation of the authority of the Florida Fish and Wildlife Conservation Agency in promulgating this rule. Also a statement as to any overlap with Federal rules regarding protection of the bald eagle.

    

    11/06/09-NO ACTION PER COUNCIL		     Response received on 10/18/09 to be discussed on Nov. 6th agenda

    Rule Finalized-12/09/09
40D-4.091     Conditions for environmental resource permit issuance in Rule 40D-4.301, F.A.C, are intended to prevent adverse offsite flooding impacts. Criteria in the BOR provide the basis for meeting the conditions for permit issuance. The BOR identifies the 100 year, 24 hour storm event as the basis for determining the 100 year floodplain and the 25 year, 24 hour storm event for comparing pre- and post-development discharge rates. In certain circumstances, higher flood elevations can occur following more frequent storm events than those specified in the Basis of Review. In those cases, it is desirable to consider other storm events of different frequency or duration to provide reasonable assurance of compliance with the conditions of issuance. The proposed amendments are intended to provide the flexibility to meet the conditions for permit issuance in those cases where basin hydraulics cause higher flood elevations to occur following more frequent storm events than those specified in the BOR.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: In general, the rule revisions clarify requirements associated with using credible and appropriate flood levels and storm events when designing and constructing projects requiring an Environmental Resource Permit. The potential additional costs to applicants include the following: cost of additional storm water modeling/analyses, cost of constructing and maintaining larger storm water management systems, and cost of dedicating additional land for the larger storm water management systems.

    For a typical 40 to 100-acre project there could be additional applicant modeling cost, if required, of $2,000. Although modeling costs may increase, additional storage may not be necessary. The SERC also details costs under a worst case scenario. Lastly, the SERC includes a sensitivity analysis performed in order to determine the extent to which soil type and increasing time of concentration affect modeling results. Changing the soil type and/or time of concentration had little, if any, impact on the amount of additional water storage required.

    		     03/26/10 No Action per Council     No Information at This Time
40D-8.041     40D-8.041 sets minimum flow levels for the lower Alafia River System. This is an 18.2 kilometer river that flows to Tampa Bay. It passes under I-75. Rule notice says only two permittees currently withdraw from this river, and only one expected to be affected. Neither are small businesses. 40D-80.075 sets a recovery strategy to get the river to the minimum set in the new rule 40D-8.041. SERC states only Mosaic ertilizer, which agency claims is not a small business, is affected. Costs to current and future permittees vary based on mitigation choice, from $0.24 per 1,000 gallons to $2.56 per 1,000 gallons. The $0.24 per 1,000 gallons is for augmenting the river. Mosaic will have to augment up to 1,300,000 gallons per day until January of 2017, then it will be up to 4,500,000 gallons per day. SERC says the new minimum flow requirement will likely preclude any unmitigated new or additional low flow withdrawals. Additional costs include well construction, water level recorders, etc. estimated at $198,000, $17,000-42,400, respectively. SERC says costs to small business would be same as large.     12/04/09 No action needed per council     Rule Finalized-03/28/10
40D-8.041     This rule establishes minimum flow levels (MFL) for the estuarine reach of the lower Peace River. The flows established are set differently for different seasons. See Rule Section (8)(b) chart. The SERC states that the proposed MFL is currently being met.

    This rule impacts entities that either have a withdrawal capacity of 1 million or more gallons per day, or average annual daily withdrawal is 100,000 or more gallons, or withdrawal is from a well having an outside diameter of 6 inches or more at the surface, or withdrawal is from a surface water body and outside diameter of the withdrawal pipe is 4 inches or greater (max. capacity approx. 216,000 gallons per day. SERC states there have been very few applications for withdrawals from Peace River outside of a very large Regional Water Supply Authority. Per the SERC, the new min. flows actually will allow for more withdrawal availability as the flows make allowances for seasonal water flow excesses. The SERC also points out that the district exempts many small uses from permitting and so many small businesses would not be impacted. The agency also delineates many benefits to maintaining the minimum flows in this river, many of which are positive for small businesses. Agency contacted 6/11/10 for SERC and sent same day

    		     No Action by Council     No Information at This Time
40D-8.041     This rule sets minimum flows for the Anclote River System. These flows are also determined seasonally. The rule notice states that groundwater withdrawals from this river in the Northern Tampa Bay area have significantly reduced its flows. Again, small water users are exempt per the same thresholds as in the rule above. The SERC points out again that small businesses such as commercial and recreational fishing will benefit from the rule. Please review the minimum flow chart in Section 14(b). SERC states there are currently no permitted surface-water withdrawals of fresh water from this river. However, there are permittees in that area that will be potentially affected. 9 of the 13 current commercial permittees are permitted for less than 100,000 gallons per day, and would not be impacted. The river is not currently meeting the MFL. Agency contacted for SERC and sent same day via email.     No Action by Council 6/25/2010     No Information at This Time
40D-80.075     40D-8.041 sets minimum flow levels for the lower Alafia River System. This is an 18.2 kilometer river that flows to Tampa Bay. It passes under I-75. Rule notice says only two permittees currently withdraw from this river, and only one expected to be affected. Neither are small businesses. 40D-80.075 sets a recovery strategy to get the river to the minimum set in the new rule 40D-8.041. SERC states only Mosaic Fertilizer, which agency claims is not a small business, is affected. Costs to current and future permittees vary based on mitigation choice, from $0.24 per 1,000 gallons to $2.56 per 1,000 gallons. The $0.24 per 1,000 gallons is for augmenting the river. Mosaic will have to augment up to 1,300,000 gallons per day until January of 2017, then it will be up to 4,500,000 gallons per day. SERC says the new minimum flow requirement will likely preclude any unmitigated new or additional low flow withdrawals. Additional costs include well construction, water level recorders, etc. estimated at $198,000, $17,000-42,400, respectively. SERC says costs to small business would be same as large.     12/04/09 - No action per council.     No Information at This Time
40D80.075     Sets a recovery strategy to the river to the minimum set in the new rule 40D-8.041. SERC states only Mosaic

    Fertilizer, which agency claims is not a small business, is affected. Costs to current

    and future permittees vary based on mitigation choice, from $0.24 per 1,000 gallons

    to $2.56 per 1,000 gallons. The $0.24 per 1,000 gallons is for augmenting the river.

    Mosaic will have to augment up to 1,300,000 gallons per day until January of 2017,

    then it will be up to 4,500,000 gallons per day. SERC says the new minimum flow

    requirement will likely preclude any unmitigated new or additional low flow

    withdrawals. Additional costs include well construction, water level recorders, etc.

    estimated at $198,000, $17,000-42,400, respectively.

    SERC says costs to small business would be same as larg

    

    BARBARA A.		     No Information at This Time     No Information at This Time
40E-400.315     Collier County requested that SFWMD take over “No Notice General Permits” for their County. Permits will now be $2,000.00. No clear indication of what they cost under county.     Requested information re: who wanted this change. What was cost before? What is currently in place? Once received information requested, took no action on rule.     Agency states could not determine prior costs since county broke fees down into sections. States county can no longer afford to regulate these permits due to economic downturn.

    

    10/18/09 Rule Finalized
Department of Environmental Protection
CLOSE
Rule Description Council Action Agency Response
62-302.400 & 302.530     This rule redefines the agency's surface water classification system. The rule notice states that no waters are reclassified, nor are any water quality criteria changed. The rule adds a sub-category under Class III-Limited. (These include artificial waters such as ditches and canals) These waters are those that, due to human interference or uses, prevent Class III classification. Provides that, in addition to prior requirements, reclassification must be in the public interest "after considering public input", and giving special consideration to elected governing bodies and Indian tribes in affected areas, Also, the reclassification must not lower existing water quality or affect downstream waters' attainment of standards, etc. SERC states public input at hearings greatly altered final rule language. This rule provides for reclassification on petition, and does not reclassify per se, so costs associated would be incurred by an entity who might petition for reclassification. SERC states the entity would not be requesting such reclassification unless it financially benefitted the entity; therefore, costs incurred should be less. However, the SERC does state the fee for filing such a petition would be $15,000.00, plus the cost of preparing the technical aspects of the petition (engineers?). Additionally, sampling costs could be over $66,000 for a routine site and up to $400,000 for a more complex site; Also, consulting fees of $10,000-$32,500, bringing the totals to $76,680-$432,580.     No Action by Council 5/21/2010     No Information at This Time
62-302.800     This rule establishes site-specific alternate criteria for transparency for portions of Fenholloway River, based on a petition from Buckeye FL. Buckeye has over 7,000 employees.     No Action by Coucil 5/21/2010     No Information at This Time
62-304.325     This rule establishes TMDL's for fecal coliforms in the Choctawhatchee River Basin, including Alligator Creek, Minnow Creek, Camp Branch, and Sikes Creek. Wasteload Allocation (WLA) for wastewater point sources for Choctawatchee River is for each facility to meet its permit limits. The Load Allocation (LA) for nonpoint sources is "to address anthropogenic sources in the basin such that in-stream concentration meet the fecal coliform criteria which, based on the average measured concentraions for the year the secretary adopted the verified list that first listed the water body as impaired for fecal coliform, will require a 60% reduction.The TMDL for Alligator Creek is 400 counts/100mL. The LA for nonpoint sources will require 94% reduction. TMDL for Minnow Creek is 400 counts/100mL. The LA will require an 81% reduction. For Camp Branch, the TMDL is 400 Counts/100mL. LA will require an 99% reduction. Sikes Creek’s TMDL is 400 Counts/100mL, and the LA will require a 48% reduction. The statement of no impact states that, because permittees will not, by this rule alone, be required to do anything, there is no current impact to small businesses. Specific requirements will be developed in a later stage.     No Action By Council 6/25/2010     No Information at This Time
62-304.415     Establishes TMDL’s for the Lower St. Johns River Basin. This will require reductions in fecal coliform criteria as follows: Cormorant Branch – 73 % reduction for anthropogenic sources and nonpoint sources; Craig Creek – 87 % reduction; Fishing Creek – 69 % reduction; Greenfield Creek – 70 % reduction; Hopkins Creek – 67 % reduction. SERC states there is only one permitted facility currently discharging, and this is not a small business. There are no small businesses currently WLA permitted in this area. As for LA permits, the SERC states that, because this rule affects only general allocations, there is no impact. However, when a Basin Management Action Plan is adopted (at a later stage) based on these general allocations, there will be more specific requirements. This is the point at which small businesses can be impacted.     No Action by Council 5/21/2010     No Information at This Time
62-304.600     This rule establishes TMDL’s for Tampa Bay Basin. The rule was originally published 8/7/09, a change was published 2/19/10, a withdrawal was published 4/30/10, and the current rule published the same day. For each water body, the original rule gave the amount of reduction in fecal coliform, as well as dissolved oxygen and nutrient criteria. The change lowered, for some water bodies, the amount of reduction necessary for dissolved oxygen and nutrient criteria, and raised others. The current rule eliminates nutrient criteria TMDL’s from the rule, and just sets the fecal coliform standards, many at a level much above that originally proposed.     No Action by Council 5/21/2010     No Information at This Time
62-304.610     This rule sets TMDL's for Hillsborough River Basin. The rule was originally published on 8/7/09, changed 2/19/10 and re-published 4/30/10. Mill Creek - the current rule calls for 66% reduction in fecal coliform; Trout Creek - 53% reduction. The original rule included many more water bodies that are not listed in the new rule. The SERC for this rule states there is only one agricultural activities, but the SERC states these are already addressed through BMP's through the Dept. of Ag. and the criteria match what DEP is proposing here.     No Action by Council 5/21/2010     No Information at This Time
62-304.800     Sets Total Maximum Daily Loads for fecal coliforms for Caloosahatchee River Basin.     No action.     8/13/09 Rule Finalized.
62-304.800     This rule sets TMDL’s for fecal coliforms in Trout Creek in the Caloosahatchee River Basin. TMDL is 400 counts/100mL. The WLA and LA will require a 58% reduction. The Statement of No Impact states that no small businesses were identified as being impacted by this rule because the rule process is to set the TMDL’s and then in later rulemaking set the actual requirements to meet them. Additionally, the statement addresses agricultural activities and states that these activities already have to meet standards from other agencies that are consistent with the reductions called for in this rule. 41% of the land use in this area is agriculture.     No Action by Council 6/25/2010     No Information at This Time
62-304.805     This rule sets TMDL’s for dissolved oxygen criteria and/or fecal coliforms in Gottfried Creek Coral Creek, and the North prong of Alligator Creek in the Charlotte Harbor Basin. For Coral Creek, the WLA will require a 31% reduction of total nitrogen, a 36% reduction of total phosphorus, and 33% reduction of the biochemical oxygen demand. The LA will require the same reductions. For Gottfried Creek, the fecal coliform TMDL will require a WLA reduction of 74%, and an LA reduction of 74%. For Alligator Creek, the TMDL is 400 counts/100mL, and that calls for a 72% reduction in WLA and LA. The statement of no impact, there are no National Pollutant Discharge Elimination System (NPDES) permitted small businesses in the area (these are subject to the WLA). The agency found, however, that small businesses could be contributing to the LA, and thus would be included in this rule. However, the agency states that, because this rule by itself, does not impose requirements, there is no impact to small businesses. Those impacts would come later as requirements to lower the LA are developed.     No Action by Council 6/25/2010     No Information at This Time
62-348.100     These rules are required to be promulgated by F. S. 373.414(6). The subject is highquality peat mining. These rules provide an alternative permitting process that is not mandatory, but optional. There are a couple of provisions that differ from the statute. The first is Sec. 62-348.600(2) which states the applicant may reclaim up to 30% of the premining wetlands as open waters. If applicant reclaims more than 30, adverse impacts must be addressed. Sets an upper limit of 60%. The statute sets 60% as the upper limit with no breakdown. The statute requires a showing of financial ability to maintain the life of the project; the rule goes further in requiring annual reports and requires the entity to give the agency a list of customers who received the peat. I spoke to H. Hayes, contact person, who referred me to Stacy Cowley in general counsel’s office. She was out when I phoned, but I left a message. Mr. Hayes indicated he believed no SERC was completed because the processes contained herein are optional.

    		     11/24 spoke to S. Cowley, no SERC done because this rule has a positive impact. States peat mining industry lobbied for this rule, which allows alternate mitigation.

    

    12/15/09-letter sent requesting SERC as required by law.

    01/22/10-Agency representatives discussed the SERC process and agency compliance and requested direction from the Council.

    01/26/10-letter sent requesting an appropriate notification packet.		     No Information at This Time
62-348.100 et al     These rules are required to be promulgated by F.S. 373.414(6). The subject is high quality pest mining. These rules are mandatory, but optional. There are a couple of provisions that differ from the statute. 11/24 spoke to S. Cowley, no SERC done because this rule has a positive impact.     No Action by Council 5/21/2010     No Information at This Time
62-503.200 et al     This rule applies almost exclusively to counties, cities, and other governmental entities. Businesses can apply for these Water Pollution Control Revolving Loans; however, historically, per the agency, (Cynthia Christen), only 2 businesses have done so. This rule is being modified to change some requirements for application, but the rule has been in place for some time.     This rule is in Development-The Council took no action at this time 7/23/10     No Information at This Time
62-532.200 et al     The purpose of this rule is to make the rule consistent with rules of the DOH and Dept. of Ag. Per the agency, the agency held a public hearing and has worked with the industry for three years to develop these rules. Amends the definitions of water wells to include geothermal wells. Non-licensed geothermal well installers will now have to be licensed. New standards and specs. are being adopted for heat exchange pipes and fitting materials and for grouting and sealing. Per the SERC approx. 40 geothermal-only contractors will be impacted by the licensing requirement. 160 well drillers and geothermal installers could be affected by the reference manual purchases to adopt new standards. 500-600 closed-loop geothermal wells are installed annually in Florida, per the SERC, all of which would be subject to the new standards regarding pipes, grouting and sealing, etc. SERC states only 20-30% of wells constructed are driven wells subject to the requirements. Estimates from the industry are that it costs from $700-$10,000 to maintain a WWC license every two years. The Dept. estimates initial license at $2,100 and maintenance of that license $1,400. The undercutting costs are estimated at $4,400 additional avg. per well.     No Action by Council-7/23/10     No Information at This Time
62-550.310     This rule adopts EPA federal rules regarding drinking water standards, monitoring, and reporting specific to maximum contaminant levels and maximum residual disinfectant levels. The agency was sent a letter requesting a SERC in order for staff to bring a complete package to the Council. The agency responded that these rules were being adopted pursuant to F.S. 403.8055 so there was no requirement that 120 rules be followed.     04/23/10-No Action by Council     No Information at This Time
62-625.100 et. al.     Amends the rule to implement fed. EPA general pretreatment regs. for industrial polluters whose discharges could affect wastewater treatment facilities. The rule does not (according to D. Templin) directly regulate businesses, but provides municipalities with direction on how they should reg. businesses. The rule states it applies to: 1. public utilities, and 2. discharge from nondomestic sources. This rule actually appears to simplify processes for oversight and regulation of industrial users.

    

    		     12/21/09 Contacted agency re: a SERC. States not done because no impact on small business because no direct regulation.

    01/22/10 After review the Council determined no further action as necessary.		     No Information at This Time
62-640.100 et. al.     Revises rule chapter regarding land site accountability and management of waste water treatment facilities regarding use, disposal, or land application of residual biosolids. Some changes include application of the chapter to the products and treated material from biosolids treatment facilities and septage management facilities; requires compliance by 1/1/13 with provisions of the chapter; provides that transportation of these materials is reg. by DOT; changes and adds definitions; provides new permitting activities and guidelines; a biosolids storage plan must be submitted with the permit; requires that land application of biosolids not violate water standards; requires a nutrient management plan if permit is for ag. site, including aerial photos and a soil survey map, results of soil/water tests, etc., realistic annual yield goals for each crop, and many other documentations; requires an annual biosolids application site summary; requires treatment facilities that apply biosolids and site permittees to keep records to track transport of them, and gives content hauling records must contain; numerous other provisions. SERC states overuse of biosolids on farms, etc. can lead to environmental and health problems and complaints from nearby residents. Rules apply to treatment facilities as well as haulers and users of biosolids. Example of costs: treatment facilities now have a $200 license fee, $1,000 bond, specialty fertilizer registration of $200 for bagged and $1.50 per ton. Also added requirement for lab analysis ranging from $90-$200. SERC states requirement for additional information is negligible compared to overall time already spent on permit applications, etc. There is a $55 per cost per sample for those biosolids stored more than 45 days. States most facilities already store Class III biosolids properly, so cost for revising storage facilities would be negligible.

    UPDATE: You received an email forward from atty. Albert Ford. Mr. Ford

    points out that on pg. 33 of the SERC agency admits some sites may close.

    03/17/10 JAPC sent letter to agency.

    		     12/15/09-Letter sent requesting Agency's response after considering a lower cost regulatory alternative.

    

    03/26/10-No further action per Council

    

    7/23/10-Council took no action on notice of change		     No Information at This Time
62-701     This rule amends a wide variety of solid waste facility regulations related primarily to the disposal of wood treated with chromate copper arsenate (CCA). A prohibition on using this wood for mulch is added to the rule. Some fees have been eliminated due to restructure of landfill site types, a few have been added, and a few increased. A permit for a solid waste management facility now requires latitude and longitude of the center point of the proposed landfill.     No Action per Council.     No Information at This Time
62-704.400     This series of rules is related to resource recovery equipment (equipment used in the actual process of recovering material or energy resources from solid waste and specifically includes recycling equipment. The rules clarify that the equipment must not only be installed, but

    operational to qualify for a sales tax exemption. Additionally, the rules clarify that the equipment must be used exclusively by or on behalf of a unit of local government. Most of those affected are towns and cities,

    etc., but can also be contractors or subcontractors. The rules also expand on the type of equipment that can qualify for the tax exemption. A SERC was completed and indicates over the past two years 21 apps. for certification were processed from three private waste management companies. The SERC states that the inclusion of specific additional

    equipment, that equipment does not have to be certified by an engineer, so this rule actually saves businesses money.

    		     Letter sent thanking agency for this rule that has positive impact on small businesses.     Rule Finalized 11/15/09
62-731.030     Updates the small quantity generator assessment, notification and verification guidelines, and incorporates them into the rule. Spoke to G. Perrigan, who drafted the update, and he sent me a copy of the old guidelines to compare with the new we received with the rule proposal. There are very few differences. The new manual gives specific instructions to inspectors on how to conduct the site visits for verification. The old guidelines were from 1994.     requested SERC. Agency Response: Spoke to Agency re: obtaining copy of old guidelines; Agency provided; very cooperative.

    Council will include this rule in its annual report to the legislature as an example of lack of concern/cooperation by agency		     Rule Finalized 11/29/09
Rule 62-346     No Description     Letter to JAPC requesting they object to rule based on outdated SERC, and requesting they enforce compliance. Letter to Agency requesting updated SERC and cease implementation until impact can be determined, and requesting public hearing in NW Florida. Agency Response: Held hearing in Tallahassee. Council staff participated via teleconference. No further action by Agency at this time.

    Council will include this rule in its annual report to the legislature as an example of lack of concern/cooperation by agency		     No Information at This Time
Department of Community Affairs
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Rule Description Council Action Agency Response
9B-1.002     Updates building code re: manufactured buildings.     No action per Council     Rule Finalized 9/13/09
9B-3.047     Updates FL Building Code, particularly electrical code to comply with National Electrical Code. Agency did SERC and estimated will increase cost of average home built by $200-600.     Council moved this to its next agenda, August 28, 2009. Dudley will not vote as has a conflict.

    

    No Action per Council		     Spoke to agency rep. and he also appeared via telephone at 7/24 meeting. Agency was forthcoming, but says these changes were inevitable.

    

    Rule finalized 10/1/09
9B-72.090     Increase product approval fees to a level that generates sufficient revenue to pay for the costs associated with the program.     No Information at This Time     Rule Finalized 10/28/09

    
9B-72.130     This rule limits the number of products a manufacturer can include on an application for product approval to 150. A recent rule before the Council increased the application fee from $300 to $500. Now, with this rule, the fee will be per each 150 products. I spoke to I. Jones with the agency and she stated applications currently can contain hundreds of products, and their system could not handle that many at once. States that some of these manufacturers are small businesses.     11/09: Requested a SERC and followed up with a letter on 11/19/09 formally requesting that the agency do a SERC.

    

    12/11/09 No Action Per Council		     Rule Finalized 03/02/2010
9B-72.130     This rule limits the number of products a manufacturer can include on an application for product approval to 150. A recent rule before the Council increased the application fee from $300 to $500. Now, with this rule, the fee will be per each 150 products. I spoke to I. Jones with the agency and she stated applications currently can contain hundreds of products, and their system could not handle that many at once. States that some of these manufacturers are small businesses.

    BARBARA A.		     11/09 Requested a SERC and followed that up with a letter on 11/19/09 formally requesting that the agency do a SERC.

    		     Rule Finalized 03/02/2010
South Florida Water Management District
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Rule Description Council Action Agency Response
40D-1.659 and 40D-1.1021     1.1021 Revises requirements to get emergency authorization regarding management and storage of surface waters. There is no SERC done for this rule. Rule appears to simplify processes for obtaining emergency authorizations, so is a positive rule. 1.659 incorporates forms for use with rules 2.091, 2.321, 2.101 and 2.0211, already reviewed by the council 12/11/09. Council has requested a SERC for those rules.

    		     01/22/10 The Council reviewed and directed staff to send a letter (mailed 1/26/10) requesting a SERC and requesting the agency to take no further action on these proposed rules until they have received a complete notification packet from the agency.

    02/26/10 The Council voted to recommend the following lower cost regulatory alternatives: Delete the provision requiring current permitees to convert to irrigation systems that contain rain or soil moisture sensor shutoff devices, and to replace their currently planted vegetation; and add a provision granting a variance from the day-of-week watering schedule for those entities that employ the water conservation measures included in the rule.

    

    04/23/10-No Action by Council		     Rule Finalized 04/12/10
40E-1.607     Raises permit application fees dramatically. Provides for new fees. SERC says 237,000 small businesses impacted.     Letter to agency requesting that small businesses be exempted from this rule.

    Council attorney to investigate whether Agency has authority to exempt small businesses. Moved to 9/25 agenda. Agency response: Agency sent Council letter stating it has no statutory authority to exempt small businesses.		     None to the letter as of yet. Spoke to agency rep. who says these fees still only cover about 30% of the cost of regulating the permits. States farmers are exempt.

    

    Rule Finalized 11/01/09
40E-1.659     This is a notice of change that simply incorporates forms into the rule. The rule impacts local governments, not small business. It was included here because it was sent to the Council.     No Action by Council 5/21/2010     No Information at This Time
40E-10.021     This rule goes with 40E-2.091, 20.091, and 24.011 reviewed on 12/11 with no action. This rule establishes criteria for a water reservation of the North Fork of St. Lucie River. This is in conjunction with the Comprehensive Everglades Restoration Plan. This rule also addresses Picayune Strand and Fakahatchee Estuary. The Comp. plan is not in effect yet, so the rule’s reservation of these waters won’t be in effect until the plan is activated. Permits already existing are exempted until the permit expires. Once in effect, the rule will conditionally limit the use of surface waters reserved. The rule calls for a review of the reservation by end of 2014. Use types affected include watering livestock; golf course irrigation; nursery irrigation; commercial industrial use; agriculture, etc. Per the SERC, no prospective analysis of impact could be done until the plan is operational. Existing legal uses affected are 57 agriculture permits, and 1 each for landscape, nursery, industrial, and golf course. SERC says that, because water use is already restricted, there is unlikely to be a significant change. SERC gives no analysis of transactional costs because plan is not operational.     01/22/10 The Council reviewed and determined that no further action is necessary.     Rule Finalized 03/18/10
40E-2.051 et. al.     These rules provide for a general permit for landscape irrigation for home lawn and ornamental irrigation, car washing, etc. The permittee doesn’t have to apply for a

    permit, but must comply with 40E-24 restrictions, which are plentiful (see above link). Limits watering of lawns to two days per week instead of three. Allows new landscaping to be watered more often, but must use a device that will water only the new plants, and not those already in place. Prohibits watering at all every day between 10 a.m. and 4 p.m. SERC states no special provisions for small business

    because aimed at household uses mainly. However, SERC does state nonplay areas of golf courses and athletic fields, business landscaping, etc. are included. States rule

    does not affect irrigation of agriculture, nursery plants, or athletic play fields. 		    12/11/09 No Action per Council     Rule Finalized 03/15/10
40E-20.091 et. al.     These rules provide for a general permit for landscape irrigation for home lawn and ornamental irrigation, car washing, etc. The permittee doesn’t have to apply for a permit, but must comply with 40E-24 restrictions, which are plentiful (see above link). Limits watering of lawns to two days per week instead of three. Allows new landscaping to be watered more often, but must use a device that will water only the new plants, and not those already in place. Prohibits watering at all every day between 10 a.m. and 4 p.m. SERC states no special provisions for small business

    because aimed at household uses mainly. However, SERC does state nonplay areas of golf courses and athletic fields, business landscaping, etc. are included. States rule

    does not affect irrigation of agriculture, nursery plants, or athletic play fields.

    		     12/11/09 No Action per Council.     Rule Finalized 03/18/10
40E-24.011 et. al.     These rules provide for a general permit for landscape irrigation for home lawn and ornamental irrigation, car washing, etc. The permittee doesn’t have to apply for a

    permit, but must comply with 40E-24 restrictions, which are plentiful (see above link). Limits watering of lawns to two days per week instead of three. Allows new landscaping to be watered more often, but must use a device that will water only the new plants, and not those already in place. Prohibits watering at all every day between 10 a.m. and 4 p.m. SERC states no special provisions for small business

    because aimed at household uses mainly. However, SERC does state nonplay areas of golf courses and athletic fields, business landscaping, etc. are included. States rule does not affect irrigation of agriculture, nursery plants, or athletic play fields. 		    12/11/09 No Action per Council     Rule Finalized 03/15/10

    
40E-3.035     This rule incorporates water well delegation agreements between SFWMD and Lee County, and Broward, Glades, Highlands, Miami-Dade, Orange, Osceola, Polk and Palm Beach County Health Departments, as well as other local governments. The only change to these already-delegated responsibilities is that the District will handle permittee disputes/litigation instead of the County/government entity.     No Action by Council-7/9/10     No Information at This Time
40E-4.021 & 4.091     All rules acknowledge that FWCC no longer classifies the bald eagle as threatened, but that Fed. regs. still protect it. Rules are aimed at continuing or expanding protection of the bald eagle. 40D-4.091 adds upland habitat to areas listed as protected in the ERP manual. South Florida WMD is doing a similar thing. SJRWMD states it will continue to

    protect the upland habitat of the bald eagle.

    		     7/14 - Sent letter to SJRWMD re: 40C requesting SERC.

    

    11/6/09-NO ACTION PER COUNCIL

    

    

    		     8/20 Rec’d call from SJRWMD – did do SERC, will email, and resend letter sent previously.

    

    Rule Finalized 11/11/09
40E-4.091     This rule change deletes language pertaining to Mitigation Reduction through a Melaleuca Eradication Program. That program was never used, and in 2004 the Florida legislature passed requirements to use a different program. The agency did not do a SERC.     04/02/10 No Action Per Council

    		     03/05/10 letter received from agency explaining why no SERC has been prepared.
40E-4.091     This is a notice of change that simply incorporates forms into the rule. The rule impacts local governments, not small business. It was included here because it was sent to the Council.     No Action by Council 5/21/2010     No Information at This Time
40E-63.400 et al     This is a comprehensive rule establishing BMP’s and permitting requirements for the C-139 Basin (just South of Lake Okeechobee). This is based on the Everglades Forever Act. There is some language in 40E-63.400(2) that is concerning. Permit fees range from $100-$250. There is a provision for No Notice General Permits for lands that implement basic BMPs and are not part of a central drainage system, those that are inactive, or are less than 40 acres. Landowners must submit their BMP with their permit application. If a water management system has multiple owner/entities, each must submit a separate BMP (and presumably permit fee?). The BMP must also provide for education and training for management and operation staff, and all the BMP’s must be implemented within 90 days of plan approval. If a permit is allowed to expire prior to applying for renewal, an application for a new permit is required ($250 instead of $100). There is also a provision (40E-63.441) which states, “all previously issued permits shall expire 90 days after the effective date of this part of Chapter 40E-63, F.A.C., unless a permit application for renewal or for a new permit has been received by the District…” However, the SERC notes that all permittees were given an extension in 2007 to postpone permit renewal with this rule. The SERC states that permittees are required to submit an annual report certifying the BMP’s were implemented. It also states that annually, the district can require additional BMP implementation depending on water qualities achieved. The BMP requirements are as follows: 10 BMP points in nutrient control practices, 5 in water management, 5 in particulate matter and sediment control. A permittee can propose alternatives to the stated BMP’s. Some permittees who currently have a no notice general permit (3) will be required to obtain a general permit. Some of the costs listed in the SERC regarding implementation of this rule are: 1. $0-380 per applicant to submit a delineation of drainage features if they will change, and $0-190 to submit to the District certifications that lessees have been notified of the BMP Plan requirements. If permittee applies phosphorus-containing materials, he may be required to implement a water quality monitoring program and submit the data. This would cost $13,150 per monitoring station per year. SERC states some BMP’s may be already implemented, in whole or in part. Costs for implementation range from $0.55 per acre to $8.48 per acre. The costs to develop and implement a verification plan to verify the expected effectiveness of a BMP (this comes into play if the permittee is unable to demonstrate that the required total phosphorus reductions can be achieved based on data from most current representative technical reference) are approximately $11,000 capital and $10,000 annual.     No Action by Council-7/23/10     No Information at This Time
Department of Health - Division of Environmental Health
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Rule Description Council Action Agency Response
64E-15.002     RV sites must provide separate locations for potable and nonpotable water sources. Each must be labeled or identified.     No action per Council. Public safety is paramount with this rule.     Agency very cooperative with Council

    

    Rule Finalized 12/30/10
64E-3.001, 003, 006     Increases initial application fee for radiologic technologists from $75 to $100 (max. allowed by stat.); increases subsequent exam. fees from $35 to $75 (max. allowed by stat.); increases renewal fees from $55 to $74 (max. allowed by stat.) SERC states 10,000 renewals annually and 3,000 initial applicants. Says increase

    needed due to budget shortfalls, and last increase over 10 years ago.		     12/04/09 No Action Per Council     Rule Finalized 02/18/10
64E-5.101     Updates this chapter to comply with U. S. Nuclear Reg. Commission’s requirements. Department has written agreement with feds. that allow Department to have jurisdiction of radiation-use facilities, provided the Department regulates using fed. standards. The feds. updated their standards, according to Michael Stephens,(contact person for this rule), 3-4 years ago, and the Department is just now

    updating its rules. M. Stephens stated to me in a phone call 9/30/09 that their office has been telling the industry that this is coming for three years, so should not be surprised. Per the SERC, the rules were reviewed by the Advisory Council on Radiation protection (consisting of physicians who use radioactive materials, medical

    physicists, nuclear medicine and radiation technologists, etc.) The department also received comments from the Florida chapter of the Society of Nuclear Medicine

    Technologists, and changes were made based on comments from both groups.

    *Note: the rule has no new filing, licenses, or licensing fees per the SERC. The rule makes an additional reporting requirement for out of state licensees who want to remain in FL longer than 180 days; allows, but does not mandate, outpatient facilities to train physicians to use radioactive materials; ups the training requirements and

    experience requirements per the NRC, which will have costs; requires the medical physicist to be present the entire treatment time in gamma stereotactic radiosurgery,

    instead of just at outset, which will increase costs; adds a provision, per NRC, that any radiation of embryo or fetus or nursing mother over a certain dose, or that has resulted in permanent damage to organ, etc., be reported to the department. There are also a few cost-saving provisions in the rule, per the SERC.		     No Action per Council 10/23/09     Rule Finalized 02/11/10
64E-6     This is the rule involving Doug Atkins. DOH sent us a letter.

    		     Update – Rule is finalized.

    Checked on JAPC site, and the rule was certified by them after the agency answered all their questions and made some modifications.

    9/2/09 letter sent to DOH requesting a copy of the statement of estimated regulatory costs (SERC).

    Table for staff to determine if rule has been withdrawn.		     Received a letter from Agency 7/24/09.

    
64E-6.001     This rule updates various forms used by the Division of Environmental Health. 30,000 applicants would be subject to using the new forms. Per the SERC, there are no new filing or licensing fees. The forms are not new, and only two have information changes that have occurred as a result of rule or statutory changes. SERC states no impact on small businesses. The SERC indicates this rule change is in response to a request from JAPC.     01/22/10 No Action Per Council     No Information at This Time
64E-6.003     The whole SERC of this rule is enclosed in the Notice of Rulemaking. Per Dale Holcomb, the entire intent of this rule is to grandfather in septic systems granted permits under the old rule that have not received final approval, so that those persons do not have to make alterations dictated by the new rule. This will save applicants up to several hundred dollars.     01/22/10 No Action Per Council     Rule Finalized 04/01/10
Department of Financial Services - Division of Workers' Compensation
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Rule Description Council Action Agency Response
69L-24.001 et. al.     Updates rules and penalties for self-insurers. Increases net worth requirement to self-insure from one million to ten million dollars. Applies to employers. Penalties for late forms/payments begin on day 1.     Council questioned agency rep. at meeting. Council wrote agency letter asking it to show justification for increasing net worth requirement. Passed to 7/24 agenda. Voted no action at the meeting.     Agency states rule does not usually apply to small business as defined by statute. Says penalties for employers are not changed by this rule.

    

    Rule Finalized 01/12/10
69L-6.012     Provides for automatic revocation of an LLC or Corporation's "Certificte of Election to be Exempt" from Workers' Compensation if corporation or LLC remains dissolved or inactive after 90 days of the date of its dissolution, or when a person named on the certificate no longer meets isuance requirements. Under old rule, Department had to initiate an action to revoke.     Letter to Agency requesting withdrawal of proposed rule.

    

    03/26/10 No further action per Council.		     Council requested SERC and Agency complied; Agency very cooperative with request.

    Response received on 10/26/09 to be discussed on Nov. 6th agenda

    Notice of Change received on 02/24/10
69L-6.026     This rule requires employers who are issued a stop-work order for failing to provide proper workers’ comp. coverage, only if the penalty assessed is over $50,000, to provide quarterly reports for 8 quarters to the department following the business’ conditional release from the stop-work order. A sample report is linked below. SERC states that less than 10% of employers who are issued stop-work orders will be required to comply. SERC states that during past 3 years, 2,326 stop-work orders have been issued, and an average of 211 were penalized over $50,000. The SERC summary in the rule notice states that potential costs are due to time and effort to complete and send the report. JAPC has written the agency requesting statutory authority for requiring the periodic reports. However F. S. 440.107(7)(a) allows the agency to do just that, without the requirement that the penalty be over $50,000.     No Action by Council-7/23/10     No Information at This Time
Department of Agriculture and Consumer Services
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Rule Description Council Action Agency Response
5A-13.001     Rule repeal regarding minority business procurement.     No Action by Council 10/23/09     Rule Finalized 12/30/09
5A-8.003     Rule repeal of agency rules regarding procedures for contracting for professional services.     No Action by Council 10/23/09     Rule Finalized 12/30/09
5B-65.001     Requires master permit by department to move commercial shipments of firewood, unprocessed wood products and other articles. Exempts local shipments not going more than 50 miles, except in Miami-Dade.     9/28 Spoke to Terry Hymes. Discussed requirements of 120.541. She said would send appropriate package to us. No

    response. Called her back 11/3 – LM on Voicemail re: SERC. She called back same day. Will try to have someone call in to meeting to explain rule/implications for small

    business.

    

    12/15/09-letter sent to agency requesting a SERC as required by law.		     Public Hearing Scheduled for 12/09/09
5C-3.001 et. al.     Rule amends Chapter %c-3 regarding importation of certain animals into FL. It adds a Tuberculosis (TB) test for dairy cattle, with certain exemptions, and for rodeo bulls and roping steers. Rule adds requirement of an owner-shipper statement, and sets what it must contain, adds a permit requirement for movement of restricted animals; adds animal-specific requirements as well. SERC states nearly 31 million animals were imported into FL in 2008. 20,000 dairy cattle, rodeo bulls and roping steers would be required to have the TB test. SERC indicates industry is supportive of this rule.     01/14/2010 spoke with Ray Hodge of Southeast Milk (dairy co-op). They have not taken an official position on this. Only effect on dairy farmers is $25/head TB test fee, and this could be a lot less if lots of cows were tested at once. Says TB is of great concern. Says FL Cattlement's Association took position against rule, but they aren't impacted, per Hodge.

    

    01/22/2010: No Further Action Per Council		     No Information at This Time
5C-30.001 et. al.     Accompanies Rule 5C-3.001, and provides procedures for inspection and penalties for violating 5C-3. This is a new rule chapter. SERC states 1200 animal shipments come into FL per year. 360 violations occur annually (approx.), most minor. Serious violations involving small business are less than 5 per year. Only costs incurred specifically by this rule are fines/admin. costs of violations.     01/22/10 After discussion, the Council determined no further action is neccessary.     No Information at This Time
5E-1.003     PURPOSE AND EFFECT: To update the revision dates for forms DACS-13220 and DACS-13203 to reflect the current form.

    SUMMARY: The revision dates for forms DACS-13220 and DACS-13203 are being updated to reflect the current form.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared 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.

    		     12/04/09 No Action per Council     Rule Finalized 01/18/10
5E-1.012     Rule 5E-1.012, F.A.C., references the forms to be utilized for reporting monthly In by fertilizer tonnage sales and reporting statistical tonnage data. The Rule is to provide a reference for the Application for Monthly Report of Fertilizer Sold in the State of Florida, (DACS-13239, Rev. 02/10) and Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08), not previously referenced in rule language; to update the rule tonnage reporting requirements to agree with the Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08) to provide fertilizer companies the means to submit the Application for Monthly Report Of Fertilizer Sold The State of Florida, (DACS-13239, Rev. 02/10) and Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08). The SERC prepared by the agency states that the proposed rule will update and amend existing rules already in effect and specified in Rule 5E-1.012, F.A.C., affecting the 522 estimated fertilizer licensees. There are no anticipated costs of implementation or maintenance of this proposed rule to the Florida Department of Agriculture and Consumer Services or any other government agencies. There are no anticipated additional costs to be incurred individuals and entities required to comply with this proposed rule. This proposed rule should have a negligible to null impact on any small business and is not expected to have a disproportionate impact on small business, small counties or small cities.     03/26/10 No action per council     No Information at This Time
5E-1.023     Deletes container nursery growers from this rule as they are now covered in their own rule.

    		     01/22/10 No Action per Council     No Information at This Time
5E-14.110     The rule allows for electronic notification of the agency when a licensee is going to perform a “general” fumigation. This notification is already mandated, but now licensees will be able to do it via the internet. Section (3) pertains to fumigation done on a licensee’s own property, which will now require written annual notification of the type of chamber being used, and days, weeks, and hours during which these fumigations may be performed. I spoke with a local Pensacola small pest control firm who stated this would not have a great impact. However, he would like to see the agency incorporate this notification into the annual renewal process. 7/19/10 Phone call from M. Page from agency. States right now it is not possible to provide another form in the renewal package, but the agency is allowing them to do this whenever they wish, so can go online and do it with that renewal process.     No Action by Council-7/23/10     No Information at This Time
5E-14.117     Provides for a limited certification for commercial urban landscape fertilizer applications. These certificates are limited to those who have taken an approved urban landscape management training program. The rule raises the fee for

    reapplication after a failed exam. from $225 to $300. The statute max. is $300.00.

    The training required costs approximately $40.00 and a $25 fee for the certificate.

    		     01/22/10 No Action per Council     No Information at This Time
5E-2.031     To provide a reference for the form Application For New or Amended Pesticide new or Product Brand Registration (DACS-13342, Rev. 12/09) and the Application For Reregistration Pesticide Product Brand(s) (DACS-13501, Rev. 12/09), not previously referenced in rule language and to describe documents that must be submitted with amended pesticide product brand registration. The rule will update the revision dates on forms DACS-13342, Rev. 12/09 and DACS-3501, Rev. 12/09 and describe documents that must be submitted with new or amended pesticide product brand registration. The agency has determined that this rule will impact small business. A SERC has been prepared by the agency. The rule provides a reference for the Application for New or Amended Pesticide Product Brand Registration DACS-13342, Rev. 12/09 and Application for Reregistration Pesticide Product Brand(s) DACS-13501, Rev. 12/09. It also lists the documents for registration that were previously

    included in the Application for New or Amended Pesticide Product Brand Registration DACS-13342, Rev. 06/08. 		    03/26/10 No action per Council     No Information at This Time
5E-2.040     This rule is in development, but was sent to the Council. SERC states rule is required to implement new statutory fees for biennial registration of pesticide active

    ingredients listed in the CFR. Agency states in SERC that no requests for workshop were received. SERC states fees are $700 for periods beginning in odd-numbered years, and $350 for those in even-numbered years. Law also states $630 and $315 for biennial renewal, plus local fees. The agency plans to apply these fees retroactively to 1/1/09 per statute. Number of affected brands is 5,629. Agency is

    uncertain of number of businesses that will be affected. Agency will incur expenses of $195,571 as two new FTEs will be required to implement the rule. SERC does state that approximately 45% of pesticide brands registered are to companies that register 50 or more brands. Single brand registrants are usually for cholorine pool products.		     12/11/09 No Action per Council     Rule finalized 12/15/09

    
5E-2.042     The rule adopts Federal standards regarding containment of containers for dry pesticides and containment pads for liquid and dry pesticides. The agency states in its rule notice that this rule is being promulgated because the EPA indicated during an evaluation that the state was not providing the same containment regs. as other states. The SERC states that F. S. 487.051 authorizes the department to adopt the primary standards of the EPA regarding pesticides. The SERC gives no specifics as to how many entities will be impacted, nor the expected transactional or other cost associated with the standards, although the rule notice states small businesses will be impacted. The agency was emailed regarding lack of information in the SERC, and a telephone call was placed regarding the same. The agency sent back a list of the secondary container standards, but no new information regarding actual costs of compliance. 5/18/10 telephoned the agency to discuss SERC – left message on voicemail. JAPC has also questioned the lack of information in the SERC, and requested an amended SERC be prepared. On 6/11/10 I spoke with the agency and they will be sending a representative to the meeting to discuss the SERC     No Action by Council 6/25/2010     No Information at This Time
5E-4.014     Rule requires Florida’s seed dealers to register and pay annual license fee. Fees are prorated based on gross receipts for year prior to registration, and are as follows:

    under $2,500 = $100, $2,500-5,000 = $200, $5,000-10,000 = $350, etc. SERC says no impact on small business. While it is clear this will have some impact on small business, the agency has tiered the costs in the way the statutes regarding modification for small businesses requires. The fees directly match those mandated by F. S. 578.08(1).		     12/11/09 NO ACTION PER COUNCIL     Rule Finalized 01/18/10
5E1.003     Rule requires registration of all specialty fertilizers to be sold within state. Per Mr. Nicely, fee used to be $100 for first 5 brands, and $25 for each subsequent. Now fee

    is $200 per brand. However, per Mr. Nicely, this affects manufacturers, not retailers or dealers. Section 8(a) of the rule does state, “Any person whose name is on a

    fertilizer label and who guarantees the fertilizer must obtain a license…”		     No Information at This Time     No Information at This Time
5F-2.001, 002, 003, 005, 006, 014     Establishes minimum octane ratings for gasoline, establishes penalty of "stop order" for gasoline/oil not meeting minimum standards, adopts ASTM international standards.     Discussed at 9/11/09 meeting & determined no action required. However received notice of rule change & added to 11/06/09 agenda

    

    11/06/09 NO ACTION PER COUNCIL		     Received 10/27/09 letter advising of rule change, placed on 11/06/09 agenda.

    

    Rule Finalized 01/03/10
5F-5.002     Requires all entities using weighing or measuring devices in commerce to purchase, and annually renew, permits unless already regulated. No SERC done.     Requested SERC by letter, agency complied. Numerous businesses were impacted, but had been involved in process. Council took no action after all questions answered.     Agency suspended action when Council had to pass this rule to a new agenda. Agency very cooperative with Council.

    

    Rule finalized 10/14/09
5F-8.0011     This rule (1) updates and adopts current standards for the inspection of amusement Rides; (2) revises the Bureau of Fair Rides Inspection Forms for the purpose of correcting revision dates and adopting changes to those forms previously adopted by the bureau; (3) clarifies fencing and gate standards for all amusement rides operating within the state; (4) adopts guidelines for imposing administrative

    remedies when the Department determines there is a violation of the statute or rules; (5) clarifies guidelines for attendants in regards to go kart track monitoring;

    (6) clarifies attendant responsibilities on all water related rides; and (7) adds a Bureau authorized game to those already approved to operate within the State. The agency has determined that this rule will have no significant impact on small business. A SERC has been prepared by the agency.

    		     03/26/10 No Action Per Council     No Information at This Time
5I-6.003     This rule revises the Notice of Intent to Implement Best Management Practices, and changes the language of verification from "non-regulatory and incentive-based" to Silvicultre BMP's". The attendant letter submitted by the Agency indicates no SERC because this is voluntary.     No Action by Council 5/21/2010     No Information at This Time
5k-5.014, 5K-6.010     Raises the fees charged by the Department for grading poultry and shell eggs. Per an email received 3/25/2010, the cost increases are to cover the costs of providing this voluntary grading service. Per the email, fees are still 39% less than USDA fees. The only companies the department provides services for are Cal-Maine and Pilgram's Pride, two of the largest producers in the country. Therefore, per the email, no small businesses are impacted by this rule.     04/23/10-No Action by Council     No Information at This Time
5L-1.001 et. al.     These amendments propose to further protect the health of oyster consumers and ensure the State of Florida meets the requirements of the National Shellfish Sanitation Program (NSSP) as it relates to Vibrio vulnificus. The proposed rule amendments significantly impact commercial harvesting and processing of oysters. These proposed amendments apply to commercial oyster harvesting and processing in Florida in order to protect the health of oyster consumers and to provide continued limited access to oyster resources during warmer months. Specifically, restrictions on oyster harvesting times are proposed from May through October. Additionally, these proposed amendments describe additional container identification requirements. To compensate for these restrictions, three different oyster cooling options for harvesters and processors are proposed by these amendments, provided written approval from the Department is obtained prior to implementing the certified dealer’s HACCP plan. Furthermore, the Model Ordinance 2007 of the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish published by the U.S. Department of Health and Human Services, Public Heath Service, Food and Drug Administration is adopted, thereby replacing the 1999 version adopted previously.

    The agency has determined that this rule will have an impact on small businesses. A SERC has been prepared by the agency. A written comment received by an oysterman association representing approximately 20 fishermen and 3 wholesalers indicated the proposed rule amendments may reduce their landings by a minimum of 50%. The agency could not estimate the cost to any state or local government entities. No good faith written proposals were received for a lower cost regulatory alternative to the proposed rule which would have substantially accomplished the objectives and were supported by a majority of workshop participants. SPECIFIC AUTHORITY: 597.020 FS.

    

    		     03/26/10 No Action Per Council     No Information at This Time
5M-12.001 et. al.     The purpose of this rule is to effect agricultural nonpoint source pollutant reduction in Florida through the implementation of conservation plans on specified operations to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to state water resources. This rulemaking establishes a procedure for specified agricultural operations to submit a Notice of Intent to implement a conservation plan, which contains agricultural water quality and quantity best management practices (BMPs) applicable to the operation covered by the NOI. Submittal of the NOI to the FL DOACS and implementation of identified BMPs that have been verified

    Effective by the FL DEP provides a presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), Florida Statutes, for those pollutants addressed by the practices. This rulemaking also provides that records maintained by the participant confirming the implementation of BMPs are subject to inspection. No SERC was prepared.

    		     03/26/10 - No action per council     03/09/10 letter rec'd from agency explaining why no SERC was prepared.
Department of Management Services - Division of Purchasing
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Rule Description Council Action Agency Response
60A-1.044     Eliminates language allowing agencies to go outside state contracting to purchase goods and services.     Spoke to agency rep. Agency has been working with JAPC, and was informed by them that the Agency had no authority to allow this because it is prohibited by statute. They are doing what JAPC asked.     Rule finalized 10/01/09
60FF-5.004     This rule has been brought to Council staff’s attention by Samantha Hunter Padgett. Sets procedural requirements for submitting and reporting the 911 fees required by F. S. 365.172 for wireless Service Providers. 10/1/09 Ms. Padgett

    sent a SERC, but stated in an email that the SERC was developed for a prior draft of the rule, and says does not address providers under section (4) of the rule. Update: Agency sent SERC. Rule is still in public hearings. Agency open to Council’s comments re: affect on small business, and suggestions. Feasibility study states 60FF-5.004(a)(3) method is not supported by small retailers or retail associations due to high transaction costs. Rule does provide a 1% recapture for point of sale collectors. Study says this method not good as part of a collection “menu”, which the new rule has, but only as a singular method of collection Feasibility study also says inclusion is not supported by research of other states.		     04/23/10-No Action By Council     No Information at This Time
State Board of Administration
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Rule Description Council Action Agency Response
19-8.010     Changes to insurance coverages for FL Hurrican Catastrophe Fund.     No Action.     Per Agency, does not do business with small business. Sent SERC anyway.

    

    Rule Finalized 8/23/09

    
Suwannee River Water Management District
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Rule Description Council Action Agency Response
40B-1.704     The purpose of the proposed rule is to revise this section of Chapter 40B-1, F.A.C., to require a bond or other form of surety for certification of completion of surface water management systems authorized by environmental resource permits. The effect of implementation will be an increase in the compliance rate of the certifications.

    SUMMARY: This proposed rule will revise existing rule language to require a bond or other form of surety, including but not limited to, cash deposit, letter of credit, and performance bond, for certification of completion of surface water management systems authorized by environmental resource permits 		    No Information at This Time     Rule Finalized 01/10/10
40B-2.011     Creates a minor permit by rule for certain landscape irrigation activities. Creates a new exemption by rule for groundwater remediation activities. Revises application information requirements. Incorporates a new “Water Use Permitting Guide”. This rule comprehensively regulates water use for all purposes other than domestic household purposes, with additional fees, of course. There is some reduction in costs cited by theDistrict in the SERC, but the SERC also indicates the District cannot quantify many of the increased costs to permittees. Even if permittees currently will fall within “legal uses” that do not require a permit, the District indicates they will eventually all fall within these new guidelines.     Letter sent to Agency requesting more information on types of businesses impacted, goal of rule, etc.     Rule Finalized 01/06/10
40B-2.011     The purpose of the proposed rule is to comprehensively update Chapter 40B-2, F.A.C., for consistency with Part II, Chapter 373, F.S., and current state water policy. The proposed rule also incorporates by reference a Water Use Permitting Guide.

    The effect of the proposed rule is to provide a permitting program that results in more efficient water uses and specifically includes in Rule 40B-2.041, F.A.C., water conservation measures for qualifying landscape irrigation uses that are consistent with the current requirements of the St. Johns River and Southwest Florida water management districts.

    SUMMARY: Consistent with Chapter 373, F.S., the proposed rule substantively revises the definitions of terms used in Chapter 40B-2, F.A.C.; adds a section regarding the application process; creates a minor permit by rule for certain landscape irrigation activities; creates a new exemption by rule for groundwater remediation activities authorized by FDEP; revises the application information requirements; provides more detailed conditions for issuance and incorporates a permitting guide by reference; adds a permit duration provision; provides more detailed permit modification, revocation, transfer, and renewal provisions; revises the limiting conditions by incorporating by reference new standard and special limiting conditions; adds a section regarding temporary permits; provides more detailed water use classifications; and adds a section regarding enforcement.

    		     No Information at This Time     Rule Finalized 01/06/10
40B-400.475     The rule merely corrects language regarding Outstanding Florida Waters.     04/23/10-No Action by Council     No Information at This Time
Department of Financial Services-Office of Financial Regulation
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Rule Description Council Action Agency Response
69V-160.036     Required online filing of forms and fees. Adversely impacts small businesses that may not have access to electronically file forms and fees.     Requested via letter that Agency allow written request to address financial hardship of using online filing instread of "Petition" process in rules.     Agency changed rules per Council's request.

    

    Rule Finalized 9/20/09
69V-85.006     Required online filing of forms and fees. Impacts small home improvement businesses.     Requested via letter that Agency allow written request to address financial hardship of using online filing instread of "Petition" process in rules.     Agency changed rules per Council's request.

    

    Rule Finalized 09/20/09
St. Johns River Water Management District
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Rule Description Council Action Agency Response
40C-1.1101     Rule adds part XI to Rule 40C-1 regarding processing and evaluating requests to release or amend conservation easements conveyed to the district as mitigation or based on reg. requirements - mostly voluntary mitigation during ERP process. Provides for 6 categories of requests with conditions for releasing or amending the easement. There is public hearing scheduled 11/10/09. SERC states "rule may result in costs associated with requesting release or amendment and may be revenue impacts." States district considered all 5 statutorily listed modifications for small business, but rejected all. Says less stringent requirements would "undermine the district's obligation to protect mitigation lands, and would also create negative public perception that small business is not doing its part." However, 373.096 says that, if release authorized, can only be if agency "has no present or appartent future use" for the property, so what protection would be lessened? SERC says 825 permittees currently have been granted easements 2004-2008. 165 per year would be required to comply. Avg. of 28 reuqested release or amendment from 2006-2008. costs to businesses relate to what type of info. requested by district. See tables 4-5, 4-6, 4-7. Orange County provided a lower-cost regulatory alternative, but it was rejected. This alternative struck the language requiring a title report and appraisal, and added language regarding public projects. Orange County questioned the District authority to propose this rule as well.     Placed on 11/06/09 agenda; carried over to 12/04, 12/11 agendas

    

    12/15/09-Letter of objection sent to agency requesting adaptation of the lower-cost regulatory alternative offered by Orange County by eliminating the requirement for a title report and appraisal.

    

    04/23/10-No Action By Council		     Rule change published on 11/25/09.

    Rule Finalized 01/12/10
40C-1.603 (SJRWMD)     This rule adjusts fees upward for ERP general noticed permits, for verification of exemption, and informal wetland boundary determinations. These minimum fees are

    required by statute. Additionally, the rule adjusts permit application fees for the CPI, and establishes the inflation index to be used. Because this rulemaking involves an increase in fees, a SERC should have been done, but was not. 		    11/20 I called W. Gaylord, agency contact, and informed her I would be sending a letter from the Council requesting a SERC. This letter was sent 11/20/09.

    Rec'd SERC on 12/12/09-added to 1/22/10 agenda.

    01/22/06-Council reviewed letter from agency which states they are looking at lower cost alternatives. Council determined no further action is necessary.		     Received call from agency rulemaking atty. Thomas Mayton who says SERC will be complete soon. Letter from agency received 12/12/09 saying they are looking at lower cost alternatives.

    

    Rule Finalized 02/16/10
40C-4.021 & 40C-4.091     All rules acknowledge that FWCC no longer classifies the bald eagle as threatened, but that Fed. regs. still protect it. Rules are aimed at continuing or expanding protection of the bald eagle. 40D-4.091 adds upland habitat to areas listed as protected in the ERP manual. South Florida WMD is doing a similar thing. SJRWMD states it will continue to protect the upland habitat of the bald eagle.     Sent letter on 9/3/09 requesting additional information.

    

    11/06/09-NO ACTION PER COUNCIL.		     Response received 10/18/09 and placed on 11/6/09 agenda

    

    Rule Finalized on 10/29/09.
40C-8.031     Amends MFL’s for lakes in Putnam and Volusia Counties; add duration and return intervals to min. water levels in Lake Ashby in Volusia and Lake Gore in Flagler and delete their existing hydroperiod categories; other technical changes. SERC states that, while 17 lakes are affected by this rule, only two will have slightly higher

    restrictions than current ones. SERC states no consumptive use permits have been pplied for at either lake in 20 years, and only one ERP. States no entities or individuals will likely be impacted by this rule.

    

    The proposed rule would establish or amend established minimum water levels for the above listed

    lakes and springs pursuant to the mandate of Section 373.042, Florida Statutes. Each of the established or amended

    levels have either an associated hydroperiod category or a duration and return interval. The terms herein are already

    defined in Chapter 40C-8, F.A.C. As with all minimum levels established by the District, if adopted, the minimum

    levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and

    surface water in the consumptive use permit regulatory process and for reviewing proposed surface water

    management systems in the environmental resource permit regulatory process. Additionally, the proposed rule

    would revise the formatting of Rule 40C-8.031, F.A.C.		     12/04/09 No Action Needed Per Council.     Public Hearing scheduled for 12/8/09.

    

    Rule Finalized 01/11/10
Rule 40E-4.021, 4.091     All rules acknowledge that FWCC no longer classifies the bald eagle as threatened, but that Fed. regs. still protect it. Rules are aimed at continuing or expanding protection of the bald eagle. 40D-4.091 adds upland habitat to areas listed as protected in the ERP manual. South Florida WMD is doing a similar thing. SJRWMD states it will continue to

    protect the upland habitat of the bald eagle.

    

    

    letter sent previously.

    		     Sent letter 9/09; on agenda for 11/06/09.

    

    11/06/09-NO ACTION PER COUNCIL.

    		     8/20 Rec’d call from SJRWMD – did do SERC, will email, and resend

    10/18/09 rec'd letter from SFWMD; on agenda for 11/06/09

    

    Rule 40E-4.021 was finalized on 11/11/09
Department of Education
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Rule Description Council Action Agency Response
6A-1.039     This rule goes to the BOE 11/9/09. Rule clarifies the process by which charter school capital outlay plans are approved by DOE. SERC states there are 313 charter

    schools eligible for this funding 2009-10. SERC indicates there are no transactional fees with this rule. The rule does add a provision for a district to notify the dept.

    when a provider contract is terminated within 15 days. Provides ineligibility criteria in certain circumstances. Provides grievance procedures for providers.		     12/04/09 No Action Needed per Council.

    		     Rule Finalized 12/15/09
6A-1.0391     This rule provides supplemental educational services providers with guidelines to provide the Department with required information they are statutorily mandated to provide regarding student learning gains, attendance, and completion data. The rule creates an evaluation of such providers as well. "Supplemental educational services" means additional academic instruction, such as tutoring, remediation, and other supplemental academic enrichment services, that is provided by state-approved supplemental educational services providers outside of the regular school day, on weekends, or in the summer, and that are designed to increase the academic achievement of students from low-income families who are attending Title I schools in their first year of school improvement, corrective action, or restructuring."     02/26/10-No Action Per Council     No Information at This Time
6A-1.099821     This rule goes to the BOE 11/9/09. Rule clarifies the process by which charter school capital outlay plans are approved by DOE. SERC states there are 313 charter

    schools eligible for this funding 2009-10. SERC indicates there are no transactional fees with this rule. The rule does add a provision for a district to notify the dept.

    when a provider contract is terminated within 15 days. Provides ineligibility criteria in certain circumstances. Provides grievance procedures for providers.		     12/04/09 No Action Needed Per Council     Rule finalized 12/15/09

    
6A-2.0020     This rule goes to the BOE 11/9/09. Rule clarifies the process by which charter school capital outlay plans are approved by DOE. SERC states there are 313 charter

    schools eligible for this funding 2009-10. SERC indicates there are no transactional fees with this rule. The rule does add a provision for a district to notify the dept.

    when a provider contract is terminated within 15 days. Provides ineligibility criteria in certain circumstances. Provides grievance procedures for providers.		     12/04/09 No Action Needed Per Council.     Rule Finalized 12/15/09
6A-4.02451     Increases training and performance standards for ESOL endorsements. Agency states in rule proposal that it met with stakeholders and experts, and that the new competencies are very similar to the National model for ESOL programs. There is no increase in the timeframe for training, nor changes to the basic format of the training. The agency estimates 1-99 small businesses will be impacted.     02/26/10-No Action Per Council     No Information at This Time
6A-6.0785     The rule "codifies Department standards for charter school applicant training and establishes a procedure for charter school sponsors to demonstrate that their training standards meet or exceed the Department of Education's standards." 42 school districts who sponsor a charter school would likely be required to comply. The charter schools would also be impacted. Sponsors (districts) can opt for their own training or continue to use the Department's training.     02/26/10 No Action Per Council     No Information at This Time
6A-6.0788     Rule requires charter schools who serve at least ten students to provide student performance data on their web sites and to the public regarding statewide assessments when those schools do not receive a school grade or school improvement rating by the state. SERC states only cost is for data dissemination.     02/26/10-No Action Per Council     No Information at This Time
Rule 6A-22.001     This rule adopts updated international standards for gasoline, kerosene, diesel fuel oils, fuel oils, fuel ethanol, and biodiesel and blends, establishes a minimum octane rating of 87 for gasoline and minimum motor octane number of 82 for gasoline, as well as other provisions. SERC says rule will affect 9,200 retail motor fuel facilities, 200 wholesale motor fuel facilities, and 400 petroleum service agencies and mechanics. Reports no transactional costs, but administrative penalties for violations. SERC reports a negligible to null impact on small business. 9/2 I called Mr. Matt Curran, Chief of Petroleum Inspection Bureau. He states that the standards are industry driven and developed and are mostly standards for oil companies, not gas stations, etc. Standards are not new, but other states have had problems with substandard gasoline and fuels, so wanted Florida’s rule to be clear. Wanted the penalties (stop orders) in place.

    		     Reset to 9/25 for Agency to provide SERC.

    Moved to 10/23/09 Agenda		     Rule Finalized 05/07/09
Office of the Attorney General
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Rule Description Council Action Agency Response
64B16-26.1001     Chapter 2008-216 requires pharmacy techs. to be registered and sets max.

    fees. These rules comply with those maximums.		     No Action by Council 10/23/09     Rule Finalized 11/15/09

    
64B16-27.797     Delineates when a radiopharmaceutical is considered a compound sterile product and the safety/exposure protective measures that must be taken. SERC states estimate of upgrades to equipment will cost $35,00 to $100,000. There are 33 nuclear pharmacies in FL. My research indicates most are owned by large companies. There were a few independent ones listed online. 10/1 I telephoned “Advanced Specialty

    Pharmacy”. Spoke to Chad Faircloth who indicated he believes most are in compliance with this rule already, or could be brought up to compliance fairly easily, but will look at rule and get back to me. I gave him the Council’s website as well as FAW’s.		     No Action by Council 10/23/09     Rule Finalized 01/07/10
64B19-11.005     Rule requires psychology residents &/or fellows to use the title resident or fellow & to inform service users that he or she is supervised and provide name of supervisor. Requires all written work done by them to be co-signed by supervising psychologist. SERC indicates minimal costs to pudate procedures to incorporate the above are the only transactional costs, and administrative changes are the only impact.     No Action by Council 10/23/09     Rule Finalized 03/04/10
64B8-55.0021(1)&(2)     Electrolysis Facilities     To be discussed at next council meeting     Letter received 10/6/09
Department of Children and Families
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Rule Description Council Action Agency Response
65C-20.008 et. al.     These rules apply to day care homes and large day care homes. The rules, among other things, provide for new fines for failure to submit license renewal application 45 days prior to expiration of license. Fees are minimal ($50 1st, $100 2nd, $200 3rd); substitutes must have background screen; background checks more stringent; air vents, dryer vents, etc. must have no more than 1/2 in. dust; meal and snack menus must be written and kept 6 mos.; 1 fire drills per year must be during nap/sleep; written emergency preparedness plans required; health dept. must be notified of contagious disease outbreaks. SERC states some rule result from a fire in 2008 in which a child died. SERC states agency worked at length with regulated community and modified rule changes based on input. SERC states most transactional costs stem from noncompliance.     No Action by Council 10/23/09     Rule Finalized 01/13/10
Department of Health
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Rule Description Council Action Agency Response
64B-4.003     Updates the Office Surgery Registration application to reflect questions mandated by legislation, and to provide that regustration will be denied to those applicants with principals, agents, officers, managing employees, or affiliated persons who have been convicted of certain felony offenses or who have been terminated for cause from certain Federal programs. No SERC was completed. Agency determined there was no impact on small business.     04/02/10 No Action Per Council

    		     No Information at This Time
64b-9.001     Updates licensure forms for renewal and creates a new renewal form for certain licensees.     No Action by Council-7/23/10     No Information at This Time
64B23-6.001     Updates penalty guidelines per statutory mandate.     No Action by Council-7/23/10     No Information at This Time
64E-19.002 et al     Adds language to rules regulating body piercing to clarify that any instrument used to pierce skin falls within the regulation, replacing prior language referring only to piercing “needles”.     No Action by Council-7/23/10     No Information at This Time
64E-26.001     This rule regulates jails and detention facilities. It repeals and consolidates rules related to food service, water, housing, laundry, etc. The impacts could be felt by small counties and cities.

    

    02/19/10-Notice of Public Hearing to be held on 04/06/10.		     02/26/10-No Action per Council     No Information at This Time
Department of Revenue
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Rule Description Council Action Agency Response
12B-7.004     New tiered tax rates on oil produced by tertiary methods in FL.     No Action by Council 10/23/09     Rule Finalized 01/11/2010
Department of Management Services-Division of Telecommunications
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Rule Description Council Action Agency Response
Northwest Florida Water Mangement District
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Rule Description Council Action Agency Response
40A-2.051     This appears to be a positive rule. It expands existing exemptions for water withdrawals from shallow wells having minimal impact on water resources, in Okaloosa, Walton and Bay Counties. These exemptions already exist in Escambia

    and Santa Rosa.		     12/15/09-Letter sent to agency requesting SERC.

    01/22/10-Council reviewed SERC and agency letter and determined no further action is necessary.		     Rule Finalized-01/04/10
Department of Health - Board of Medicine
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Rule Description Council Action Agency Response
64B4.005 & 4.006     Only concern re: 64B8-8.017 is board reduced amount of time to earn CME points for entire period (as penalty of violation) from 12 months to 60 days. 64B-4.005 and 4.006 set annual inspection fee of $1,500 for pain mgmt. clinics, and a $150 fee for registering the clinic. Rule states a SERC was completed, and staff requested a copy 10/29 via email to Mr. McPherson.     No Information at This Time     No Information at This Time
64B8-30.015     The proposed rule amendments are intended to set forth additional disciplinary duties guidelines for specific violations. The proposed rule amendments set forth additional guidelines and penalties for various violations. The SERC estimates that physician assistants who are required to pay additional fines, attend courses and perform other as a result of violating laws and rules will be impacted by the rule. In addition, in instances where a license is revoked, the impact may negatively affect small business due to the loss of the licensee performing services. A positive impact in the community will result in instances where a physician assistant is required to perform community service at no charge to the public. Those entities providing continuing medical education will be positively impacted by the increased revenues derived from licensees who are required to complete designated CME as a result of certain violations of laws and rules.     3/17/10 An email was sent to the agency requesting some clarification on Sec. (a)(4) and we have had no response to date.

    03/26/10 No further action per Council.		     No Information at This Time
64b8-30.019     This fee increases the biennial license renewal fee for physician assistants from $150 to $275. SERC states approx. 5,008 P.A.’s will be impact ted. The rule states this is to offset a projected budget deficit. SERC states this will not increase the budget to a surplus level, but will eliminate the deficit related to the P. A. professional regulation.     No Action by Council-7/23/10     No Information at This Time
64B8-4.029     New requirement that doctors register as dispensing practitioners in order to write prescriptions for their patients. Requires the doctor to submit an application and a fee. The fee is currently $100, but is in rule development to potentially change.     01/02/10 phoned Dr. E. Coy, Jr., FMA Council on Legislation, but could not reach him. Contacted Madelyn Butler, FMAPAC, but had to leave a message. No contact from her.

    02/26/10 No Action Per Council		     Rule Finalized-03/24/10
64b8-51.006     This rule updates the application process for licensure and inspection of electrology facilites. The application update is in order to comply with statutes requiring additional questions regarding certain fraudulent or criminal behaviors of the applicant.     No Action by Council 5/21/2010     No Information at This Time
64b8-8.001     This rule updates violations and penalties for certain crimes/actions. These are required by statute.     No Action by Council 6/25/2010     No Information at This Time
64B8-8.017     Only concern re: 64B8-8.017 is board reduced amount of time to earn CME points for entire period (as penalty of violation) from 12 months to 60 days. 64B-4.005 and 4.006 set annual inspection fee of $1,500 for pain mgmt. clinics, and a $150 fee for registering the clinic. Rule states a SERC was completed, and staff requested a copy 10/29 via email to Mr. McPherson.

    

    SERC contains no real data on how many entities will be affected. Costs will be the cost of inspection as well as improvement of any deficiencies. Not all pain clinics may have to have inspection. Choice is this method or can get national accreditation.		     10/29 requested SERC via email to Mr. McPherson (received)

    

    12/11/09 NO ACTION PER COUNCIL		     Rule Finalized 12/22/09
64B8-9.009     This rule clarifies (expands?) the definition of Level II Office Surgery to include any method of sedation or use of peri-operative medication that “by any means alters the level of consciousness”, and adds a requirement in those types of offices that do Level II Surgery that a defibrillator or automated external defibrillator unit be

    present and maintained. The rule also requires such offices to register. Per the SERC, there is a $150 cost for registration, and a $1,500 cost for inspection. The inspection won’t be necessary if the facility is accredited. Defibs will cost $1,500-$2,000. SERC indicates there are 341 registered offices that will be required to purchase defibs. SERC indicates may be a cost to train staff as well.

    		     01/22/10 No Action Per Council     Rule Finalized-03/25/10
64b8-9.0131 & 9.0132     9.0131 sets standards of practice for pain management physicians. 9.0132 sets standards for registering a pain management clinic, inspections of those clinics, and requirements for them. The rules are being promulgated as a result of statutory mandates and the rules appear to follow those mandates consistently. SERC states there have been applications for registration from 968 pain management clincs in Florida as of 3/10. Potential costs include $150 for registration, $1,500 for annual inspection (the Department is allowed to recoup "actual" costs for these), costs of drug testing (if done in office) at $7.25-$12.95, plus $3-$5 for the specimen cup. signage, reporting costs (not specified in the SERC), and training programs, estimated at $24-$102 per hour, cost for having a certified pain management physician on premises, a one-time risk management review at $2,500. According to the SERC, most pain management clinics meet the definition of small business.     No Action by Council 5/21/2010     No Information at This Time
Department of Elder Affairs
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Rule Description Council Action Agency Response
58A-14.002     This rule mandates that a provider in an adult family-care home provide proof of residence in the home; prohibits change of ownership of the home; and requires proof that continued residence is appropriate for the client. Additionally, the home is required to post contact information for certain advocacy entities. The rule also requires that patients receive a face-to-face initial health assessment, as well as for continued residency assessments. SERC states 485 homes will be impacted. The only cost in the SERC is the $50.00 reassessment cost every three years.     01/22/2010 No Action per Council     Rule Finalized-04/15/10
58C-1.0031     Rule creates a dispute resolution mechanism for substantially affected parties to protest an area agency on aging’s intent to award the designation of “lead agency”

    to a party or parties. Develops standards for bid protest and procedures for resolution. Sets a fee of $250.00 per hour for initial hearing conducted. By statute “lead agency" means an agency designated at least once every 6 years by an area agency on aging as the result of a competitive procurement conducted a through request for proposal. SERC states in addition to hearing fee, costs will

    include payment of decisionmaker’s fees and other expenses, witness and attorney costs, etc.

    BARBARA A.		     12/04/09 No action needed per council     
58C-1.0031     The purpose of the proposed rule is to comply with Section 430.203(9)(a), F.S. The statute requires the department to adopt a rule creating a dispute resolution mechanism for substantially affected parties to protest an area agency on aging’s intent to award the designation of “lead agency” to a party or parties. The statute requires the rule to include standards for bid protest and procedures for resolution.

    SUMMARY: The rule develops standards for bid protest and procedures for resolution. The rule also develops minimum requirements for an impartial decisionmaker and review of the decisionmaker’s decision.

    		     12/04/09 No Action Needed Per Council     Hearing set for 12/17/09
59A-5.0131 et. al.     The rule updates the form used for initial health assessment of patients entering an ALF, and requires a face-to-face assessment by a health care provider. The rule adds a requirement for reassessment every 3 years, or after a significant change. Requires written DNRO’s. Prohibits conditioning treatment on whether the patient has a DNR. Provides for revocation of license if a facility does so. Prohibits the facility from requiring a prescription for OTC medications that are self-administered, even if with

    some help. Rule sets a minimum passing score for competency of core training for administrators and managers at 75%. Requires a one-time AIDS/HIV course, and mental health training for those who are in contact with mental health residents. The rule also sets construction requirements for existing and new facilities. The rule establishes required furnishings for ALF residents. The rule exempts facilities with 16 or fewer residents from maintaining a telephone in each building, maintaining staff job descriptions, having awake night staff, and from maintaining standardized

    recipes. SERC states approximately 2,000 ALF’s are required to comply with this rule. SERC estimates the reassessment of patients will cost approx. $50.00 per patient. Cost for new training requirements is estimated at $100 biennially. No other transactional costs were identified.

    		     01/22/2010-No Further Action per Council     No Information at This Time
Department of Financial Services-Division of Securities
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Rule Description Council Action Agency Response
Fish and Wildlife Conservation Commission
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Rule Description Council Action Agency Response
68B-14.0036 et. al.     Decreases recreational aggregate grouper bag limit from 5 to 3; reduces recreational bag limit for gag and black grouper from 2 per day to 1; prohibits captain and crew of for-hire vessels from retaining any species in the aggregate grouper bag limit; implements Atlantic recreational season closure for all shallow-water grouper from Jan. 1-Apr. 30; amends Atlantic commercial season closure to include all shallow-water grouper and expand to Jan. 1 through April 30. All of this set of rules affects fishing in the Atlantic.

    

     		    11/27/09 Staff spoke to George Eller, a recreational boat captain out of Destin. He states that the federal rules are the real problem and that FWCC has tried to help them. Staff wrote the agency (FWCC) and requested that they do a SERC as this rule clearly impacts small businesses, and, at least theoretically, they do control state

    waters.

    

    12/15/09-letter sent requesting SERC as required by law.

    02/26/10-letter sent requesting SERC as required by law.		     No Information at This Time
68B-14.0038     This rule reduces the recreational red snapper season by 53 days due to overfishing. Please see above discussion of rule 68B-14.0036 in the rules carried over section. JAPC has requested a SERC on this rule.     No Action by Council-7/9/10     No Information at This Time
68B-24.0055     This rule continues a prior 5 1/2 year moratorium on commerical dive lobster endorsements. Prior moratorium was to provide time for FWCC's research institute to investigate the effects of artificial habitat on the surrounding environment.     2/4/10 spoke to agency representative Aaron Podey, who states the research won't be completed until next winter, and even then they have more work to do before allowing more licenses. States some divers came to last hearing and approve this measure. Sent letter requesting SERC 2/4/10.

    02/26/10-moved to next agenda pending receipt of SERC

    03/26/10-After reviewing Agency letter, Council unanimously decided to send letter of objection to agency because they have not complied with Florida Statutes.		     03/23/10-response letter received from Agency.

    Rule Finalized-03/21/10
68B-44.002 et. al.     68B-44.002 et al adds shark species to a list of prohibited species; prohibits shark harvesters from removing shark heads while at sea; creates a minimum size limit of 54 fork length for all shark species except for a few, and creates other size limits for 14 other species; allows only hook and line gear for harvest of sharks; changes the start date of the commercial fishing year, but it still encompasses a whole year. The recreational rules apply to for-hire fishing businesses, many of which are small businesses.

    		     11/27/09 Staff spoke to George Eller, a recreational boat captain out of Destin. He states that the federal rules are the real problem and that FWCC has tried to help them. Staff wrote the agency (FWCC) and requested that they do a SERC as this rule clearly impacts small businesses, and, at least theoretically, they do control state waters.

    

    12/15/09-letter sent to agency requesting SERC as required by law.

    02/26/10-letter sent to agency requesting SERC as required by law.		     Rule Finalized-03/21/10
68B-44.002, .008     This rule prohibits the taking of lemon sharks in any Florida state waters.     2/4/10 spoke to Agency representative Aaron Podey who stated that workshops were held and four comercial fishers attended. Did not want this prohibition. Podey states this rule helps the tourism industry as many tourists come to see these sharks aggregate Nov-Jun. Says lemon sharks are not high on commercial fishers' lists of desirable sharks. Does not include prohibition in Fed. waters.

    2/4/10 Letter sent requesting SERC.

    02/26/10-moved to next agenda pending receipt of SERC.

    03/26/10-After reviewing Agency letter, Council unanimously decided to send letter of objection to agency because they have not complied with Florida Statutes.		     03/23/10-response letter received from Agency.

    Rule Finalized-03/21/10
68B-47.001     This rule adopts regulations set by the Atlantic States Marine Fisheries Commission, which are federal regulations. The rule sets a weakfish management area (see 68B-47.001(7), and lowers the recreational bag limit from 4 to 1 per person per day inside the management area. It also establishes a commercial harvest limit of 100 lbs. per person or per vessel per day or trip within the management area. Please see discussion from rule 68B-14.0036 above.     No Action by Council-7/9/10     No Information at This Time
Department of Environmental Protection-Division of Beaches/Shores
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Rule Description Council Action Agency Response
62B-26.016     Rule changes the Coastal Construction Control Line (CCCL) in Gulf County along a 6-mile section of St. Joseph’s Peninsula. The line will be moved seaward anywhere from 0 feet to almost 360 feet. According to the SERC there are no small businesses currently located within this area. However, they are not prohibited. Additionally, this will affect construction businesses, even when potentially building single and multi-family dwellings. SERC indicates increased costs per square foot for additional requirements, as well as prohibition on building on some properties altogether. It is estimated that 150 single family dwellings, 12 multi-family dwellings and 79 vacant lots will be affected, with 20 parcels being prohibited from development altogether. One exception is an allowance for single-family homes with strict requirements.     12/11/09 NO ACTION PER COUNCIL

    		     Rule Finalized-01/21/10
Department of Health - Division of Medical Quality Assurance
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Rule Description Council Action Agency Response
64B-4.005     Sets an registration fee of $150 for pain-management clinics, plus an annual inspection fee of $1,500.00. The registration and inspection is required by statute. The fee, per the SERC, is based on a 2-person inspection team, at approximately $125/hr. per person for a physician and a lower rate for a dept. employee to accompany the physician. No set fee is statutorily mandated. SERC states this fee collects no more than the amount necessary to register and inspect the clinics.     12/11/09 NO ACTION PER COUNCIL

    		     Rule Finalized-01/05/10
64B-4.006     Sets an registration fee of $150 for pain-management clinics, plus an annual inspection fee of $1,500.00. The registration and inspection is required by statute. The fee, per the SERC, is based on a 2-person inspection team, at approximately $125/hr. per person for a physician and a lower rate for a dept. employee to accompany the physician. No set fee is statutorily mandated. SERC states this fee collects no more than the amount necessary to register and inspect the clinics.     12/11/09 NO ACTION PER COUNCIL

    		     Rule Finalized-01/05/10
Department of Management Services-Agency for Workforce Innovation
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Rule Description Council Action Agency Response
60BB-2.025     Modifies the Employee Leasing Company Reports to this agency based on statutory changes to F. S. §443.1216. One change is a requirement for electronic filing of these reports. The statute states the reports shall be filed electronically, OR in a manner otherwise prescribed by the AWI. The agency has elected to require only those leasing companies with 30 or more client companies to do so. It is an option available to smaller companies. Additionally, there is an allowed compliance delay of three quarters when a company reaches 30 client companies. SERC states these

    reports help with the data for the official labor statistics for the state. SERC states leasing companies hold 523 active unemployment compensation tax accounts.

    367 of the 523 total companies report 200 or fewer workers. This rule also increases reporting from biannual to quarterly.

    		     12/11/09 No Action Per Council.     Rule Finalized-02/24/10
Department of Management Services - Division of Building Construction
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Rule Description Council Action Agency Response
60D-4.001 et. al.     Sets requirements for selection of energy-consuming equipment and architectural components for new state-financed or owned facilities. Sets energy performance standards and design standards. These amendments are to comply with statutory requirements. Because the costs will be born by the state agency and not contractors, the agency, working extensively with council staff, determined there would not be an impact on small businesses.     01/22/10 No Action Per Council     Rule Finalized-03/17/10
Department of Health - Board of Dietetics
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Rule Description Council Action Agency Response
64B8-44.003     Updates disciplinary guidelines for licensed dietian and nutrition counselors & applicants due to legislatiive changes. All new changtes are allowed or mandated by statute.     04/02/10 No Action Per Council

    		     No Information at This Time
64B8-44.005          The rule requires that fines and costs regarding continuing education be paid at the same time continuing ed. classes are due. No additional costs will be incurred.     Rule Finalized-02/03/10
64b8-44.007     This rule modifies the requirement that initial patient consultations be face-to-face by allowing such assessment to be done via video, provided audio and video communication between all participants duplicates the in-person setting. The board determine no impact on small business after completing a SERC.     No Action by Council 5/21/2010     No Information at This Time
64B8-45.001     Allows licensees to complete up to 20 hours (formerly 15) of renewal credit in home study coursework. There would be no transactional costs as home study is not required, but offered as an option.

    		     01/22/10 No Action Per Council     Rule Finalized-02/03/10
Department of Health - Electrolysis Council
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Rule Description Council Action Agency Response
64B8-51.001     This rule updates the application for licensure pursuant to new statutory requirements. The Electolysis Society has no objection to 51.001.     02/26/10-No Action Per Council     No Information at This Time
64B8-51.006     This rule updates the application for licensure pursuant to new statutory requirements.     02/26/10-No Action Per Council     No Information at This Time
64B8-51.007     This is a positive rule. It reduces electrologist licensure exam. fee from $150 to $135.     01/22/10 No Action per Council     Rule Finalized-02/23/2010
64B8-54.0022     This rule adds language for reactivating an inactive or retired license. The only major issue staff found was a requirement that licensees reactivating from retired status

    pay biennial renewal fees for all biennial licensure periods during retired status, but this is statutorily mandated.		     01/22/10 No Action per Council     Rule Finalized-04/06/2010
Department of Health - Board of Pharmacy
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Rule Description Council Action Agency Response
64B16-26.1003     This rule increases the biennial license renewal free for active pharmacist from $245 to $250, and for consultant pharmacists from $50 to $100. It adds a biennial renewal fee for registered pharmacy techs. of $50. These all also have a $5 unlicensed activity fee. The statutory maximum for renewal is $250.     01/22/10 No action per Council     No Information at This Time
Department of Health - Board of Psychology
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Rule Description Council Action Agency Response
64B19-11.001     Provides a revised form for reexamination following failure to pass all or part of the licensing exam. SERC estimates that approx. 150 candidates will need to retake the national exam, and 30 will retake the state exam, over the next 5 years. The costs are the same as initial exams. However, there is a potential impact in that the legislature has added information to be sought on applications that could prevent some candidates from being licensed when they reapply. (i.e. some questions regard criminal activity)     01/22/10 No Action per Council     Rule Finalized-02/24/2010
64B19-11.010, 64B19-11.011, 64B19-11.012     These rules update the licensure applications for limited, provisional, and regular psychology licensure. The application has additional questions as required by statutory changes.     01/22/10 No Action Per Council     Rule Finalized-03/19/2010
64B19-11.012     This is a positive rule. Provides a new application with a 25% reduction in application and licensure fees. Application will go from $500 to $375, and licenses from $400 to $300.     04/02/10-No Action Per Council     No Information at This Time
64B19-12.002     This is a positive rule, reducing licensing and examination reveiw fees.     04/02/10-No Action per Council     No Information at This Time
64B19-12.002 & 64B19-12.003     12.003 doubles the reexamination fee from $75 to $150. Max. is $500 per statute.     01/22/10 No Action Per Council     Rule Finalized-02/18/2010
64B19-12.004     This is a positive rule, reducing licensing and examination reveiw fees.     04/02/10 No Action Per Council     No Information at This Time
64B19-12.0041     This is a positive rule, reducing licensing and examination reveiw fees.     04/02/10-No Action Per Council     No Information at This Time
64B19-17.002     This rule modifies the disciplinary guidelines to include new grounds statutorily enacted, and existing grounds previously enacted but not incorporated yet into the

    rule. The disciplinary penalties and costs are on a graduated scale, with the most severe infractions resulting in revocation. SERC states only transactional costs to be incurred are associated with committing infractions. 		    01/22/10 No Action Per Council     Rule Finalized-02/18/2010
Department of Health - Board of Speech-Language Pathology
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Rule Description Council Action Agency Response
64B20-2.001     This rule revises the application form for speech-language pathology to incorporate new questions mandated by statute, most relative to criminal activity. No SERC was done.

    		     01/22/10 No Action Per Council.     Rule Finalized-04/18/2010
Department of Financial Services - Division of Funeral, Cemetary and Consumer Services
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Rule Description Council Action Agency Response
69K-1.001     Provides forms to change address when facilities move to a new location. Charges $25.00 fee for duplicate license. $25 fee does not appear to be statutorily required for address change, but have discretion to charge it.     02/26/10-No Action Per Council

    04/23/10-No Action Per Council		     Rule Finalized-04/18/2010
69K-13.005     This rule update comes from updating of the Florida Building Code. The rule requires pressure relief ventilation of certain mausoleums with crypts bordering an exterior wall. The rule follows the statute, which states the rule applies to new construction or alteration to existing construction. 12/21 TC to D. Shropshire, who

    states has been part of building code 2 years, and JAPC told them they had to amend the rule to match the statute. Says won’t affect those already in place. SERC requested prior to speaking with Mr. Shropshire and statutory research.

    		     01/22/2010 No Action per Council     Rule Finalized-02/15/2010
Department of Financial Services - Division of Consumer Services
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Rule Description Council Action Agency Response
69J-9.001     This rule requires insurers to report to DFS via its website all claims regarding sink holes in Florida, including the information that must be included, in order to facilitate the department building a sink hole database. Legislation requires the database to be compiled, and allows DFS to determine the form and content of such database. SERC indicates there will be increased costs for administratively preparing and submitting the information, increased personnel costs, and that it is unknown how many insurers who receive sink hole claims are small businesses.

    		     01/22/2010 No Action Per Council     No Information at This Time
Department of Highway Safety and Motor Vehicles
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Rule Description Council Action Agency Response
15A-11.001     This rule requires commercial driving schools to be licensed and sets fees. These fees ($50 application and $200 license) are mandated by statute. The license is not transferable if school changes ownership (also mandated by statute). Renewal fees are also mandated. Of concern are the requirements that the place of business not be connected to any residence, be within 300 feet of any government building, and that the name of the business must be approved by the department. The other concern is that, although the introduction to the rule states the department does not regulate truck driving schools, several of the rules herein apply to them.     01/22/2010 No Action per Council     No Information at This Time
Public Service Commission
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Rule Description Council Action Agency Response
25-4.0665     This rule sets requirements that telecommunications carriers must follow when they offer lifeline service, i.e. quarterly reports, and offering toll-blocking and toll limitation service, as well as number-portability free. It also allows some flexibility for smaller carriers (those with less than one million access lines). Requires carriers to allow customers to apply via mail or fax, as well as online, to advertise the availability of the service, etc. The reports are statutorily allowed, but not required. SERC indicates there are 21 affected carriers, some of which are small businesses. The department sent a data request to the carriers re: the impact. Of those that responded, some indicated no impact, two stated additional costs below $6,000 were anticipated, and one small carrier responded there would be an increase in personnel time, fax and phone costs, postage, paper and materials, storage, etc. The reports required would have a considerable impact, resulting in lower profits and less ability to provide service efficiently.

    		     01/22/10 No Action Per Council     No Information at This Time
Department of Transportation
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Rule Description Council Action Agency Response
14-100.005     14-100.005: This rule provides for video tolling on FL turnpikes & other department owned toll facilities. Accounts are set up by a photograph being made of othe license plate as one passes through the toll. If customers don't pay by cash or transponder, the Dept. automatically sets up an account within 10 or so days of first pass through. Customers can also set up accounts that are either prepaid or postpaid accounts. 2/4/10-letter sent to agency requesting SERC. Per JAPC, preliminarily appears no sig. impact.     2/4/10-letter sent to agency requesting SERC.

    02/26/10-letter requesting SERC		     03/23/10-letter rec'd from agency explaining in depth why no SERC was prepared

    03/26/10-No further action per Council.
14-15.0081     14-15.0081 - This rule is for setting the toll fee, but no fee is specified. It's left open. Additionally, there will be a $2.50 per invoice charge as an administrative fee. Cash toll boths will be discontinued, tentatively February, 2011. While this method is mandated by statute, statutes also state the agency must give notice to the public of what the new rate will be and allow a public hearing. 2/4/10-letter sent to agency requesting SERC. Per JAPC, preliminarily appears no sig. impact.     2/4/10-letter sent to agency requesting SERC.

    

    02/26/10-letter sent to agency requesting SERC.		     No Information at This Time
Office of Tourism, Trade and Economic Development
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Rule Description Council Action Agency Response
27M-4.001 et. al.     This rule estabishes emergency procedures to implement the economic gardening business loan pilot program. 1/15/10 spoke to Mr. Dennard with OTTED. States these procedures were already in place, just being formalized in case legislature opts to provide this procedure again to businesses. SERC will be done & sent to Council.     02/26/10 On hold pending receipt of SERC

    

    7/23/10-Council took no action		     
Department of Management Services
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Rule Description Council Action Agency Response
Department of Management Services-Division of Facilities Management
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Rule Description Council Action Agency Response
60H-1.001 et. al.     These rules regulate the leasing of private and/or state-owned facilities by agencies. It now provides a requirement that leases of privately-owned facilities be in the "best interest of the state". It reqires agencies ot determine that there is no state-owned space that would meet their needs prior to engaging in a private lease. The agency has worked closely with council staff in determining whether this rule might impact small businesses. The agency concluded it would not, and so did not prepare a SERC. There is a rule requirement that agencies leasing a space that is less than 5,000 square feet must get 3 quotes before leasing. That is not in the cited statutes. The agency has provided relevant documents for the Council.     02/26/10 No Action Per Council     No Information at This Time
60H-2.001 et. al.     These rules regulate the leasing of private and/or state-owned facilities by agencies. It now provides a requirement that leases of privately-owned facilities be in the "best interest of the state". It reqires agencies ot determine that there is no state-owned space that would meet their needs prior to engaging in a private lease. The agency has worked closely with council staff in determining whether this rule might impact small businesses. The agency concluded it would not, and so did not prepare a SERC. There is a rule requirement that agencies leasing a space that is less than 5,000 square feet must get 3 quotes before leasing. That is not in the cited statutes. The agency has provided relevant documents for the Council.     02/26/10 No Action Per Council     No Information at This Time
Department of Health-Council of Licensed Midwifery
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Rule Description Council Action Agency Response
64B24-3.004     This is a POSITIVE rule. It lowers the fee for application for licensure by endorsement from $500 to $250.     2/17/10 emailed agency for copy of SERC.

    2/26/10 No Action Per Council.		     2/19/10 received copy of SERC.
Division of Financial Services - Division of State Fire Marshall
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Rule Description Council Action Agency Response
Department of Financial Services - Division of State Fire Marshall
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Rule Description Council Action Agency Response
69A-51.020     The rule clarifies for certification of competency of boiler inspectors employed by insurers engaging in issuance of boiler insurance. Provides forms for application. SERC states no impact on small business, but is very incomplete. We contacted an agency representative who stated that a new SERC will be submitted.     02/26/10-No Further Action per Council.     02/12/10-received a supplemental SERC with introductory summary.
Department of Environmental Protection - Board of Trustees
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Rule Description Council Action Agency Response
18-1.002,006,007     These rules relate to state land acquisition procedures. DEP attorney Gareth Leonard sent this to the Council. This rule does not impact small businesses.

    		     04/02/10 No Action Per Council.     No Information at This Time
Department of Management Services - Division of Real Estate
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Rule Description Council Action Agency Response
60D-15.001,.002     The purpose of these new rules is: (1) to establish rules in conformity with statute on changes in Chapter 2009-227, Laws of Florida (2) to adopt standards and requirements for state agencies use of construction management entities under continuing contract with the Department of Management Services. The Division of Real Estate Development and management has consulted with the Small Business Regulatory Advisory Council and has determined that this rulemaking has no impact business as defined in Section 288.703, Florida Statutes, nor on small counties small or small cities as defined in Section 120.52, Florida Statutes, since the rule by its own terms only applies to state agencies. No SERC was prepared.

    		     03/26/10 No Action Per Council     02/26/10 Letter Received explaing why no SERC was prepared.
Department of Health - Board of Osteopathic Medicine
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Rule Description Council Action Agency Response
64B15-14.0051 & 14.0052     Sets standards for registering a pain management clinic, inspections of those clinics, and requirements for them. The rules are being promulgated as a result of statutory mandates and the rules appear to follow those mandates consistently. SERC states there have been applications for registration from 968 pain management clincs in Florida as of 3/10. Potential costs include $150 for registration, $1,500 for annual inspection (the Department is allowed to recoup "actual" costs for these), costs of drug testing (if done in office) at $7.25-$12.95, plus $3-$5 for the specimen cup. signage, reporting costs (not specified in the SERC), and training programs, estimated at $24-$102 per hour, cost for having a certified pain management physician on premises, a one-time risk management review at $2,500. According to the SERC, most pain management clinics meet the definition of small business     No Action by Council 5/21/2010     No Information at This Time
64B15-19.002     This rule updates violations and penalties for certain crimes/actions. These are required by statute.     No Action by Council 6/25/2010     No Information at This Time
64B15-6.011     The proposed rule amendments are intended to set forth additional disciplinary guidelines for specific violations. They set forth additional guidelines and enalties various violations. The SERC estimates that physician assistants who are required to additional fines, attend courses and perform other duties as a result of violating pay laws and rules will be impacted by the rule. In addition, in instances where a license is revoked, the impact may negatively affect small business due to the loss of the licensee performing services. A positive impact in the community will result in instances where a physician assistant is required to perform community service at no charge to the public. Those entities providing continuing medical education will be positively impacted by the increased revenues derived from licensees who are required to complete designated CME as a result of certain violations of laws and rules.     03/26/10 No Action Per Council     No Information at This Time
64B15-6.013     This rule increases the biennial license renewal fee for P.A.’s in Osteo. Medicine from $150 to $275. See the rule discussion above for explanations and SERC information. The same SERC was completed for both these rules.     No Action by Council-7/23/10     No Information at This Time
Department of Health - Board of Respiratory Care
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Rule Description Council Action Agency Response
64B32-5.001     Makes the 'Prevention of Medical Errors' continuing education course a requirement for initial license, even when the initial license is obtained in the second half of the biennial period when most other courses are waived.     04/02/10 No Action Per Council

    		     No Information at This Time
64B32-6.001     Makes the 'Prevention of Medical Errors' continuing education course a requirement for initial license, even thwen the initial license is obtained in the second half of the biennial period when most other courses are waived.     04/02/10 No Action Per Council.     No Information at This Time
Department of Health - Division of Emergency Medical Operations
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Rule Description Council Action Agency Response
64J-1.001 et. al.     These rules set EMS training and continuing education program requirements. Per the agency, these are not changes but clarifications of the rules. There is no increase in training hours required. These are in compliance with national standards. There are 55 EMS training centers that would need to comply. SERC states this will streamline Department approval of the training centers.     04/02/10 No Action Per Council.     No Information at This Time
University of Central Florida-FL Solar Energy Center
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Rule Description Council Action Agency Response
6C7-8.006     This rule adds sections to an already-existing rule regulating solar systems manufactured or sold in Florida. The rule requires that the systems be certified by the Florida Solar Energy Center. There is an attached fee schedule for this certification, as well as the fees for testing solar systems. The statute relied on by the University states that systems are to be tested, and that “all solar energy stems manufactured or sold in the state must meet the standards established by the center and shall display accepted results of approved performance tests in a manner prescribed by the center”. It also states that the center “shall be entitled to receive a testing fee sufficient to cover the costs of such testing.” The SERC states that companies already having certification will not be impacted, but new companies entering the solar market will have to comply. The SERC states there is no definitive way to determine that number. The SERC states the impact to small businesses “should be considered positive as the setting standards creates a healthy competitive environment. Additionally, the SERC states that sellers and installers will not be required to obtain the certification, only manufacturers, who are usually not small businesses.     04/02/10 No Action Per Council     No Information at This Time
Department of Financial Services - Bureau of Unclaimed Property
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Rule Description Council Action Agency Response
69I-20.041     This rule creates a manual for entities regarding reporting and remittance of unclaimed property. The manual describes what is/is not unclaimed property, and reporting rules. SERC states no impact on small business because the property involved is not the property of the business. Businesses are already required to report this property. One area of concern is on page 9 of the SERC. It states that for businesses that have not been aware of this rule, "accounting entries must be reversed so that the unclaimed property will be reported to the Department."     02/26/10 No Action per Council.     No Information at This Time
Department of Health - Board of Physical Therapy Practice
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Rule Description Council Action Agency Response
64B17-3.001     This rule removes the provision for an English proficiency test for examinees who are foreign trained in a language other than English. It also provides for an updated application incorporating new questions mandated by the legislature. The board has authority to produce exams in other languages for those needing one.     02/26/10-No Action Per Council     No Information at This Time
64B17-7.001     This rule updates violations and penalties for certain crimes/actions. These are required by statute.     No Action by Council 6/25/2010     No Information at This Time
64B17-7.002     This rule updates violations and penalties for certain crimes/actions. These are required by statute.     No Action by Council 6/25/2010     No Information at This Time
64B17-7.0027     This rule simply provides for a reorganization of the format of the application for licensure.     No Action by Council 6/25/2010     No Information at This Time
64B17-9.001     This rule updates confidential information placement on the application for licensure.     No Action by Council 6/25/2010     No Information at This Time
Department of Health - Board of Acupuncture
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Rule Description Council Action Agency Response
64B1-4.0011     This rule updates the licensure application to incorporate statutorily mandated questions.     02/26/10-No Action Per Council     No Information at This Time
64B1-4.0011     This rule updates the licensure application to comply with Florida statutes requiring new questions regarding arrests/convictions for certain crimes. These changes are required by statute.     No Action by Council 6/25/2010     No Information at This Time
Department of Health - Board of Occupational Therapy
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Rule Description Council Action Agency Response
64b11-4.003     This rule incorporates new statutory sanctions and penalties for certain crimes/behaviors. This is mandated by statute, and will only affect those who would have qualified for licensure but for those crimes or behaviors, and those who are currently licensed who engage in those behaviors/crimes.     No Action by Council 5/21/2010     No Information at This Time
Department of Health - Board of Clinical Laboratory Personnel
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Rule Description Council Action Agency Response
64B3-9.001, .002, .004     This rule lowers various application and licensure fees for clinical laboratory personnel.     04/23/10-No Action by Council     No Information at This Time
Department of Health - Board of Orthotists and Prosthetists
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Rule Description Council Action Agency Response
64B14-7.003     This rule increases the maximum fines for particular violations, and adds violations for which termination or denial of license are approprate. These changes are based on new statutes and follow the statutory mandates.     04/23/10-No Action by Council     No Information at This Time
Department of Management Services - Personnel Management Systems
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Rule Description Council Action Agency Response
60L-39.001 et. al.     This rule establishes a statewide steering committee to oversee the FL State Employees' Charitable Campaign. This committee will recommend approval or denial of a nonprofit's application. Also contains other regulations regarding charitable contributions.

    

    12/24/09 Notice of Public Hearing to be held on 02/12/10.		     02/26/10-No Action per Council.     No Information at This Time
Department of Business and Professional Regulation - Division of Alcoholic Beverages and Tobacco
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Rule Description Council Action Agency Response
61A-1.01028     Clarifies the rules regarding assistance to vendors of alcoholic beverages by manufacturers, distributors, etc., particularly regarding exceptions to those rules that allow a manufacturer or distributor to sell merchandise to the vendor. This requires manufacturers, distributors, etc., to keep and maintain records for 3 years regarding such transactions as product displays, equipment, etc.     04/23/10 - No Action by Council     No Information at This Time
Department of Health - Board of Nursing Home Administrators
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Rule Description Council Action Agency Response
64B10-11.011     This rule removes the process for a provisional license for nursing home administrators.     04/23/10-No Action by Council     No Information at This Time
Department of Financial Services - Division of Insurance Agents and Agency Services
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Rule Description Council Action Agency Response
69B-215.080     This rule clarifies that a general lines agent license is necessary to conduct surety bond business, including immigration bonds, and that this license does not qualify a person to conduct bail bond business. This language follows the statute.     04/23/10-No Action by Council     No Information at This Time
Department of Business and Professional Regulation - Division of Hotels and Restaurants
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Rule Description Council Action Agency Response
61C-1.001     This rule adopts the 2009 version of the U. S. FDA Food Code. The only additional costs will be for training employees on allergen cross-contamination (a change in the new code), as well as some food-handling changes based on this same new provision. The SERC states that the actual costs cannot be ascertained as some establishments may already be in compliance, but because it is not yet required, the agency has no way to determine which of them are and which are not.     No Action by Council 6/25/2010     No Information at This Time
61C-1.001 and 1.004     1.001 updates definitions to the rule. 1.004 clarifies that a food service and public lodging establishments must have a minimum of one bathroom for employees and customers, and that bathroom doors are to remain closed unless open for cleaning or maintenance. The remainder of changes were technical in nature. The agency determined no impact on smaill business, so no SERC was done.     No Action by Council 5/21/2010     No Information at This Time
61C-4.023     This rule change was mandated by statute. The rule adopts the Standards for Accreditation of Food Protection Manager Certification Programs from the Conference for Good Protection Standards and Accreditaion of Food Protection Manager Certification programs, as updated in 2008. The agency states it previously adopted the new rules, but failed to update the reference to the 2008 standards. The agency determined no impact on small businesses, and thus did not complete a SERC.     No Action by Council 5/21/2010     No Information at This Time
Department of Business and Professional Regulation - Board of Employee Leasing
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Rule Description Council Action Agency Response
61G7-10.002     This rule incorporates new forms, and provides for a $5 transfer fee, when a controlling person resigns from one company to work for another. Requires both companies to notify the board. Previously, only the company receiving the person had to do so. Requires, new owners, when a company changes ownership, to provide proof of workers' comp. coverage is in effect during the change, and at all times subsequent, for employees acquired. The board determined there would be no impact on small businesses, so no SERC was completed.     No Action by Council 5/21/2010     No Information at This Time
61G7-5.001     Requires license applicants for an employee leasing company to submit fingerprints electronically, instead of by card. This is required by the Department's vendor used for this purpose. This will increase application costs by $14.00. Substitutes a valid certificate of workers' compensation coverage for the former requirement of submission of copies of the declarations page and endorsements for workers' comp. coverage. Requires substantially the same for any health coverage to be provided to leased employees. SERC states appoximately 370 companies have applied in the past three years. Recent numbers are dropping, however, due to the economy. SERC states this rule no longer requires proof of workers' comp. insurance with initial licensure if there are no leased employees yet employed.     No Action by Council 5/21/2010     No Information at This Time
Board of Business and Professional Regulation - Board of Medicine
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Rule Description Council Action Agency Response
Department of Business and Professional Regulation - Board of Medicine
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Rule Description Council Action Agency Response
Office of Insurance Regulation
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Rule Description Council Action Agency Response
69O-137.002     This rule will require every authorized insurer with direct premiums $1,000,000 and over in any calendar year, and 1,000 or more policyholders to have an annual audit by independent CPA of their financial statements, and other reports. Prior rule called for an examination by a CPA. 4/12/10 spoke to M. Ito (general counsel) re: a SERC. He stated this is necessary as they are in danger of losing accreditation because they do not require enough reporting. Stated he will get a letter to the Council regarding why a SERC not done, and explaining the accreditation issue. JAPC commented that this rule is objectionable based on vagueness, and its giving “unbridled discretion” to the agency, and listed several other objections to the rule     No Action by Council 6/25/2010     No Information at This Time
Lake Apopka Natural Gas District
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Rule Description Council Action Agency Response
54C-1.001     This is a Lake Apopka Natural Gas District rule providing for an increase in gas sales rates and transportation rates for the gas district. The monthly rate is going up from $20.00 to $25.00. Transportation costs are going up $5 per increment of Therms usage. The SERC states no disproportionate impact upon small businesses will result from this rule because the services are confined to parts of Orange and Lake Counties, and the increase is modest for most customers. Delivery charge is increased only by $0.11 per Therm. Charge for commercial customers only increases by $5.00 per month. This will result in a $590.00 per year increase for the average commercial customer. Additionally, the SERC states these increases are necessary for the financial viability of the district.     No Action by Council-7/9/10     No Information at This Time
Office of Financial Regulation
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Rule Description Council Action Agency Response
69W-600.0011     The rule creates a section regarding the implementation of a disqualifying period for dealers/issuers, investment advisors, and their relevant persons for criminal convictions. The disqualifying period for felonies is 15 years, and for misdemeanors is 5 years. The rule includes provisions for mitigating factors and aggravating factors to be considered, per statute. Per the SERC, the rule adds a fingerprinting requirement for relevant persons, and this fee is $43.25. The impact, per the SERC, can be that an applicant firm can be disqualified based on a criminal history of a relevant person.     No Action by Council-7/9/10     No Information at This Time
Department of Environmental Protection - Florida Coastal Management Program
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Rule Description Council Action Agency Response
62S-4.001     This rule applies to local governments and cities, colleges, planning councils, non-profits, etc, but not to small businesses as they are ineligible to apply for this grant. It was included here because it was sent to the Council.     No Action by Council-7/9/10     No Information at This Time
62S-5.001     This rule applies to local governments and cities, colleges, planning councils, non-profits, etc, but not to small businesses as they are ineligible to apply for this grant. It was included here because it was sent to the Council.     No Action by Council-7/9/10     No Information at This Time
Department of Legal Affairs - Division of Victim Services and Criminal Justice Programs
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Rule Description Council Action Agency Response
2A-8.005     This rule changes the death benefits payable to widows of law enforcement officers. It does not impact small business, but was sent to the Council.     No Action by Council-7/23/10     No Information at This Time
   
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