Regulatory & Rule Making

Regulatory and Rulemaking

Hurricane Research Advisory Committee. May 2005 – Present. Ongoing responsibilities include process design, facilitation and reporting, conflict resolution, and consensus building for coordinating group consisting of Florida Building Commissioners and other stakeholder representatives, initially charged with identifying research that was being conducted related to building failure issues resulting from the 2004 and 2005 hurricanes, identifying research gaps on key research topics identified but not being researched, and ensuring that the Commission was provided with all relevant research findings on each of the major issues, prior to the Commission considering Florida Building Code enhancements resulting from lessons learned. The Committee meets on a regular basis to monitor and recommend research initiatives, and to evaluate possible code amendments for strengthening the Code’s building envelope protection.

FWC Florida Quota Hunt Workgroup. September 2006 – October 2007. The FCRC conducted an assessment for the Florida Fish and Wildlife Conservation Commission (FWC) indicating stakeholders support for convening a workgroup to conduct an evaluation of the Florida Quota Hunt Program. As a result of the Assessment Report and with the support of FWC staff, the FCRC designed and facilitated a stakeholder workgroup process with the goal of working with affected interests to evaluate the Florida Quota Hunt Program. Following eight Workgroup meetings over the course of thirteen months and a series of two-rounds of public workshops on draft and final recommendations respectively, the Workgroup unanimously adopted a package of consensus recommendations for submittal to the FWC.

FDACS Consumer Fertilizer Task Force. September 2007 – January 2008. The FCRC worked with the Department of Agriculture and Consumer Service’s legislatively formed Consumer Fertilizer Task Force to develop consensus recommendations to the 2008 Florida Legislature designed to ensure that the education and regulation for the proper use of consumer fertilizers is informed by best available science and is uniform subject to variations necessary to meet local state and federal water quality standards. The Task Force recommended statewide guidelines for management strategies (nonagricultural fertilizer use rates, formulations, and application), based on the best available science as well as model ordinances for municipalities and counties. The Task Force achieved consensus on a package of recommendations for submittal to the Legislature. Responsibilities included process and agenda design, facilitation of meetings, conflict resolution and consensus-building, and summary reports and recommendations.

FDACS Consumer Fireworks Task Force. September 2007 – January 2008. The FCRC worked with the Department of Agriculture and Consumer Service’s legislatively formed Consumer Fireworks Task Force to develop consensus recommendations to the 2008 Florida Legislature designed to ensure that the definition,  regulation, use and sale of consumer Fireworks is clearly established, consistently regulated and enforced, and consumers are educated on the proper and safe use, there is funding for the education and training, or other  established and agreed upon allocations for consumers and firefighters, and funding for the clean up of public property. The Task Force achieved consensus on a package of recommendations for submittal to the Legislature. Responsibilities included process and agenda design, facilitation of meetings, conflict resolution and consensus-building, and summary reports and recommendations.

FDACS Training and Supervision Statutory Changes to Chapter 482. September – November 2006. The FCRC worked with DACS and regulated industry to develop consensus on proposed changes to Chapter 482. The facilitated workshop process was designed to solicit feedback and evaluate a full range of options regarding the training and supervision provisions currently in statute.

FDACS Wood Destroying Organisms Facilitated Rule Development Process. February 2004 – January 2006. The FCRC conducted a feasibility assessment regarding a proposed negotiated rulemaking process to amend the Department’s Wood Destroying Organism (WDO) reporting form. The assessment concluded that the seven key interest groups are willing to participate in a negotiation related to amending the rule, and the Department decided to conduct a facilitated rule development process starting in September of 2005. The process was iterative in design and the Consortium successfully worked with stakeholders to identify issues, evaluate options, and reach agreement on revisions to Rule 5E-14.142(2)(c).

Florida Department of Financial Services, Division of State Fire Marshal Facilitated Rule Development Workshops. January 2003 – June 2003. Conducted an assessment regarding the feasibility of a negotiated rulemaking process to interpret controversial new statutory provisions of fire suppression equipment installation and maintenance regulations. Recommendations culminated in a facilitated rule development process to involve the regulated industry and other affected interests to identify issues, concerns, and options for interpreting/clarifying the statute. Responsibilities included recommendations to DFS, process and agenda design, facilitation of rule workshops, conflict resolution and consensus-building, and summary reports.

FDACS Rule Adoption Hearing on Rules 5E-2.0105 and 5E-2.0311. January 2003. The FCRC worked with FDACS to implement the proposed rule language agreed upon in a negotiated rulemaking process (to establish efficacy and performance standards for registering termiticides). The facilitated rule adoption hearing format allowed for comments, clarifications, and a more interactive discussion on the proposed rule language. The comments were positive and FDACS was able to adopt the final rule without opposition or challenge.

Florida Department of Agriculture and Consumer Services Negotiated Rulemaking. May – November 2002. Rulemaking to establish efficacy and performance standards for registering termiticides for use as a preventative treatment on new construction. The Project featured a viability assessment and eight meeting negotiation on rule language. Conducted assessment on viability of proceeding with negotiated rulemaking for establishing efficacy and performance standards for termiticides used in new construction, leading to convening a nine member negotiation committee. Facilitated committee representing international chemical companies, state and national pest control operators, state and national pest management companies, home builders, building officials, state agency (DACS), university scientist, and the insurance industry. Assisted committee to develop a unanimous recommendation on rule language culminating in the unchallenged adoption of a new state rule. In addition to session facilitation, negotiation, and conflict resolution, designed negotiation process, procedural guidelines and decision-making procedures, agenda packets, summary reports, and drafting of final rule language.

FDACS Facilitated Rule Development Workshops to Amend Rule 5E-14. November 2001. The FCRC worked with FDACS to conduct three rule development workshops in November of 2001 for amendments to Rules 5E-14.102 (definitions), 5E-14.105 (contractual agreements), 5E-14.108 (fumigation requirements), 5E-14.142 (WDO report form), and 5E-14.143 (ID card verification form). The FCRC designed the process and procedures, developed agenda packets and worksheets, facilitated the workshops, and drafted a summary report. The workshops were successful and FDACS was able to amend the respective rules with stakeholder support.

FDACS Facilitated Rule Development Workshops to Amend Rule 5E-14. January 2000. The FCRC worked with FDACS to conduct three rule development workshops in January of 2000 for amendments to Rules 5E-14.102 (8), 5E-14.105 and 5E-14.142 (2)(c) on definitions, contractual agreements in the public interest for the control and preventative treatment for wood-destroying organisms (form1145), and responsibilities and duties, respectively. The FCRC designed the process and procedures, developed agenda packets and worksheets, facilitated the workshops, and drafted a summary report. The workshops were successful and FDACS was able to amend the respective rules with stakeholder support.

FDACS Facilitated Workshops to Amend Chapter 482 and Rule 5E-14. August 1998. The FCRC facilitated a series of five workshops for FDACS to discuss potential rule and law changes to Chapter 482, the statute regulating the pest control industry. The purpose of the meetings was to provide an open format for FDACS, pest control associations, pest control operators, and interested citizens to present proposals and receive feedback from each other on the pros and cons of the various proposals. The process worked extremely well and the comments from the participants were universally positive. For the first time the pest control industry felt that FDACS was listening to their concerns, and that they had an opportunity to be heard. The industry also felt the process allowed for them to listen to each other in a fair and neutral process that prevented any individuals from controlling the agenda and discussion. In addition, the pest control industry was able to receive some feedback from a group of chemically sensitive people whom the industry has traditionally considered as an adversary. In short, the facilitated meeting process was well received by all the participants and a sense of real and productive dialog was achieved. The consensus from the participants is that the process works well and should be continued on a regular basis.

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