The purpose of this amendment is to repeal Rule 69J-7.007, F.A.C., which provides that if an existing and compliant opening protection system of a home is unlikely to be deployed due to medical limitations on the homeowner, a replacement system that ...  

DEPARTMENT OF FINANCIAL SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

69J-7.007Grants-Medical Condition Exception

PURPOSE AND EFFECT: The purpose of this amendment is to repeal Rule 69J-7.007, F.A.C., which provides that if an existing and compliant opening protection system of a home is unlikely to be deployed due to medical limitations on the homeowner, a replacement system that is more likely to be deployed because the medical limitations do not impede deployment of the system shall qualify for a grant from the My Safe Florida Home program. This rule is being repealed because it is an invalid exercise of delegated legislative authority.

SUMMARY: This rulemaking is part of the agency’s comprehensive review of existing rules that focused on eliminating those that were determined to be unnecessary or duplicative. The repeal of this rule will remove provisions that provide grants for mitigating the risk of hurricane damage when compliant opening protection systems are unlikely to be deployed due to medical limitations on the homeowner. The statute implemented does not address grants based on medical limitations on the homeowner. Grants may be provided to persons of low income for mitigating the risk of hurricane damage.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the repeal of the rule will not have a direct or indirect adverse financial impact on small businesses. It has been determined that a SERC was not necessary and that the rule amendment will not require ratification by the legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 215.5586(6) FS.

LAW IMPLEMENTED: 215.5586 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 11, 2015, 10:00 a.m.

PLACE: 200 E. Gaines Street, Room 139, Larson Building, Tallahassee, FL 32301

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: Tasha Carter, by email: tasha.carter@MyFloridaCFO.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tasha Carter, Director of the Division of Consumer Services, Florida Department of Financial Services, 200 E. Gaines Street, Tallahassee, FL, 32399-0300 or by email: tasha.carter@MyFloridaCFO.com

THE FULL TEXT OF THE PROPOSED RULE IS:

69J-7.007 Grants – Medical Condition Exception.

Rulemaking Authority 215.5586(6), FS. Law Implemented 215.5586FS. History—New 10-8-08, Repealed _______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Tasha Carter, Director of the Division of Consumer Services, Florida Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2015