61-36.001: Definitions
61-36.002: Notification to Applicants; Deficiency; Approval
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to establish department processes for approval of applications meeting statutory and rule requirements, and termination of deficient applications when two years have elapsed from the last notice of deficiency.
SUMMARY: The subject area to be addressed in these rules is the process by which the department approves applications meeting statutory and rule requirements, and terminates deficient applications when two years have elapsed from the last notice of deficiency.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.203(5), (6), 455.2035 FS.
LAW IMPLEMENTED: 455.203(10)(a), (b) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tim Vaccaro, Director, Division of Professions, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-0760, (850)488-7776
THE FULL TEXT OF THE PROPOSED RULE IS:
61-36.001 Department Closure or Termination of Deficient Applications.
Upon determination that two (2) years have elapsed since the department notified an applicant of a deficiency in the application and that the applicant has failed to cure the deficiency, the department shall close the review and terminate the application as deficient pursuant to Section 455.203(10), F.S. The determination regarding the two (2) year lapse in time shall be based on documentation that the department notified the applicant of the deficiency in accordance with Section 120.60, F.S. This rule does not apply to applications for licensure submitted to the Division of Real Estate pursuant to Chapter 475, Part II, Florida Statutes.
Rulemaking Authority 455.203(5), (6), 455.2035 FS. Law Implemented 455.203(10)(a) FS. History–New________.
61-36.002 Department Approval of Applications Meeting Statutory and Rule Requirements.
Upon review of a non-deficient application for license, the department shall examine the application to determine if the applicant meets the qualifications for licensure set forth in the applicable licensing statutes. If the applicant meets all of the requirements for the license for which the applicant has applied, the department shall approve the application and issue the license.
Rulemaking Authority 455.203(5), (6), 455.2035 FS. Law Implemented 455.203(10)(b) FS. History–New________.