Notice of Proposed Rule Making OIR B1-1802

***Nothing too new here guys just keeping you in the loop from the OIR. ***

Attached is a copy of the Notice of Proposed Rule Development regarding 69O-170.0155 that was submitted for publication and will appear in the FAW on May 27, 2011. A copy of the form/documents will be forthcoming.

DATE and TIME : June 20, 2011 commencing at 9:30 a.m.

PLACE : Room 116, Larson Building, 200 East Gaines Street, Tallahassee, FL

Cindy Walden
Government Analyst I
Office of Insurance Regulation
Property & Casualty Product Review
(850) 413-2616 (Phone)
(850) 922-3865 (Fax)
Cindy.Walden@floir.com

FINANCIAL SERVICES COMMISSION
Office of Insurance Regulation
NOTICE OF PROPOSED RULEMAKING

RULE NUMBER: RULE TITLE:
69O-170.0155 Forms

PURPOSE AND EFFECT: To update Form OIR-B1-1802 “Uniform Mitigation Verification Inspection Form” to reflect 2010 statutory changes and other issues related to the form.
SUMMARY: Deletes reference to the My Safe Florida Home inspectors and replaces them with Home inspectors licensed under section 468.8314, F.S. who has completed at least 3 hours of hurricane mitigation training and completion of a proficiency exam. It implements the statutory changes that allow engineers and contractors to use employees with requisite skill, knowledge and experience to conduct inspections. The form is also revised to incorporate reference to criminal penalties provided by laws for conducting false or fraudulent inspections.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS:
Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 624.308(1), 627.711, 627.736, FS.
LAW IMPLEMENTED: 215.5586, 624.307(1), 627.062, 627.0629, 627.0645, 626.711, 627.736, FS.
IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, June 20, 2011 at 9:30 a.m.
PLACE: Larson Building, 200 East Gaines Street, Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Milnes, Bureau of Property and Casualty, Office of Insurance Regulation, E-mail michael.milnes@floir.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Office at least 5 calendar days before the program by contacting the person listed above.
THE FULL TEXT OF THE PROPOSED RULE IS:
69O-170.0155 Forms.
The following forms are hereby adopted and incorporated by reference:
(1)(l) OIR-B1-1802, “Uniform Mitigation Verification Inspection Form,”(Rev. 05/11 2/10).

Rulemaking Authority 624.308(1), 627.711, 627.736 FS. Law Implemented 215.5586, 624.307(1), 624.424, 627.062, 627.0629, 627.0645, 627.711, 627.736 FS. History–New 6-19-03, Formerly 4-170.0155, Amended 2-23-06, 12-26-06, 6-12-07, 7-17-07, 9-5-07, 3-13-08, 4-21-10 (1)(l), 4-21-10 (1)(k).

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Milnes, Bureau of Property and Casualty, Office of Insurance Regulation, E-mail michael.milnes@floir.com.
DATE PROPOSED APPROVED BY THE AGENCY HEAD, THE FINANCIAL SERVICES COMMISSION: November 9, 2010.
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN* FLORIDA ADMINISTRATIVE WEEKLY*: August 08, 2010.

I love it!

The positives outweigh the one negative:

That negative may violate F.S. 501.204 relating to “unfair trade practices”. Allowing engineer and contractor business owners to hire unlicensed people to do wind mits for their businesses while denying that same privilege to other licensed business owners enumerated in 627.711 clearly provides a market advantage to the contractor and engineer. That clear market advantage may likely be an unfair trade practice that violates Florida law. Do we have an attorney that can look at this and offer an opinion?