7347961, 69JER09-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7347961

Notice of Emergency Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Consumer Services

Overview

RULE:

69JER09-1

Repeal of Rule 69J-7.003: Free Wind Inspections

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The proposed emergency rule is necessary because of a lack of funding for free wind inspections under the My Safe Florida Home program, which was created under Section 215.5586, F.S. The emergency rule becomes effective immediately upon filing. There is an immediate danger to the public welfare because of potential homeowner confusion regarding the status of their legal rights under the program which could expose consumers to the risk of unintended financial obligations. The rule currently states that homeowners will be able to receive a free wind inspection if the homeowner lives in a single-family, site-built, detached home. However, during the 2009 Florida Legislative session, the My Safe Florida Home program was not granted any additional funding to sustain the program. Therefore, there is no current funding to provide free inspections to Florida homeowners. If an Emergency Rule is not put into place repealing Rule 69J-7.003, F.A.C., homeowners will be ostensibly granted a right under the rule that has been abrogated by the Florida Legislature. This emergency rule serves to repeal Rule 69J-7.003, F.A.C.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Department of Financial Services believes that adopting an emergency rule is essential to protect the public because without the repeal of the existing rule, homeowners may take measures to protect their homes which place them at risk of assuming unintended financial obligations. In the absence of this emergency rule, homeowners may contract with home inspectors while under the misconception that the home inspection will be at no cost to them. Because funding for the home inspection program has been discontinued by the Florida Legislature, state funds are not currently available for this purpose.

SUMMARY:

This emergency rule repeals Rule 69J-7.003, F.A.C.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ellen Simon, Chief Counsel, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0333, phone (850)413-4270

PRINT PUBLISH DATE:

7/10/2009 Vol. 35/27

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=69JER09-1&PDate=7/10/2009&Section=4

REFERENCE MATERIALS:

No reference(s).

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