61C-5.018: Variances
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to implement the statutory requirement to adopt rules regarding the process for variance requests enacted by Chapter 2010-110, Laws of Florida, and adopt an optional variance petition form.
SUMMARY: The proposed rule specifies that elevator variance requests will be processed under the variance petition requirements in Section 120.542, Florida Statutes, and provides the mailing address to submit the petition. The proposed rule also adopts an optional variance petition form and specifies bureau and elevator owner responsibilities for variance requests.
OTHER RULES INCORPORATING THIS RULE: None.
EFFECT ON THOSE OTHER RULES: N/A
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 economic review conducted 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.
RULEMAKING AUTHORITY: 399.02, 399.10 FS.
LAW IMPLEMENTED: 399.02 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, Telephone: (850)488-1133, E-mail: Michelle.Comingore@dbpr.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
61C-5.018 Variances.
(1) The division may grant variances from rule requirements when the applicant demonstrates the existence of a substantial hardship, as defined in Section 120.542(2), F.S.
(2) Variance requests must be submitted by petition as described in Section 120.542, F.S. and rules adopted thereunder. The division provides DBPR Form HR 5023-018, PETITION FOR VARIANCE FROM RULE, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00773) incorporated herein by reference and effective 2010 October 14, as an optional petition for variance. A copy of DBPR Form HR 5023-18 is available on the Division of Hotels and Restaurants website at www.MyFloridaLicense.com/dbpr/hr; by e-mail to dhr.elevators@dbpr.state.fl.us; or upon written request to the Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. Each variance request must be accompanied by a copy of the certificate of operation, if issued, and supportive materials and documents providing the information necessary for rendering a decision. The applicant is responsible for demonstrating a substantial hardship exists and presenting facts relevant to and supportive of the variance request.
(3) Upon consideration of the merits of each variance request, the director or designee must either grant a variance, as requested, or deny the variance request.
(4) The owner or lessee of an elevator which has a variance approved by the division is responsible for maintaining a copy of the approved variance in the machine room at the physical location of the elevator and available for review during an elevator inspection.
Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02 FS. History–New________.