Notice of Development of Rulemaking  
 
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION  
Florida Building Commission  
RULE NO.:  RULE TITLE:  
61G20 -3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, 
Certifi cation Agencies, Quality Assurance Agencies and Accreditation Bodies  
PURPOSE AND EFFECT: House Bill 401 (2021) provides authorization for the Florida Building Commission to 
adopt criteria for the approval of product evaluation entities by rule; prior to th is, such entities were only designated 
by specific inclusion in the statute. The Commission intends to amend rule 61G20- 3.008, F.A.C., in order to adopt 
criteria for the approval of product evaluation entities.  
SUBJECT AREA TO BE ADDRESSED: The adoption of  criteria for the approval of product evaluation entities.  
RULEMAKING AUTHORITY: 553.842 (8) , FS. 
LAW IMPLEMENTED: 553.842 (8) , FS. 
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE 
DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA 
ADMINISTRATIVE REGISTER.  
THE PERSON TO BE CONTACTED REG ARDING THE PROPOSED RULE DEVELOPMENT AND A COPY 
OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mo Madani, Technical Director, Florida Building Commission, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, ( 850)717- 1825.  
 
THE PRELIMINARY TEXT OF TH E PROPOSED RULE DEVELOPMENT IS:  
 
61G20- 3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, 
Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.  
(1) Approved  Product Evaluation Entity Criteria  Entities . Approval by the Commission is limited to the scope 
of accredition established by approved accreditation entities  established by Section 553.842, F.S . 
(a) An entity shall be approved by the Commission as an evaluation entity if it complies with one of the 
following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation 
listing issued by the accreditation body:  
1. Evaluation entities accredited by ANSI  that meet the requirements of ISO/IEC 17065: Conformity 
Assessment – Requirements for Bodies Certifying Products, Processes and Services, or another standard certified as 
equivalent by the accrediting entity pursuant to Rule 61G20 -3.015, F.A.C., and appro ved by the Commission.  
2. Evaluation entities accredited as meeting the requirements of ISO/IEC  17065: Conformity Assessment – 
Requirements for Bodies Certifying Products, Processes and Services, or another standard certified as equivalent by 
the accredit ing entity pursuant to Rule 61G20 -3.015, F.A.C., and approved by the Commission.  
(b) Evaluation entities shall apply to the Commission for approval by filing an application as provided by 
subsections 61G20 -3.011(1) and 61G20 -3.007(3), F.A.C., including a C ertificate of Independence in accordance 
with Rule 61G20 -3.009, F.A.C., and submitting fees pursuant to subsection 61G20 -3.007(2), F.A.C.  
(c) Approvals shall be valid until such time as: Commission approval requirements change; the evaluation entity 
no lon ger qualifies under current requirements; the accreditation expires, or is removed, or is both expired and 
removed; or the approval is suspended.  
(d) (a) Pursuant to section 553.842(8)(a), F.S., the  The following entities are also approved evaluation entities:  
1. The National Evaluation Service (NES),  
2. The Miami -Dade County Building Code Compliance Office Product Control Division (MDCBCCOPCD),  
3. The International Code Council, International Evaluation Services (IES),  
4. The International Association of P lumbing and Mechanical Officials Evaluation Service (IAPMO),  
5. Underwriters Laboratories, LLC; and,  
6. Intertek Testing Services NA, Inc.  
(e) (b) Architects and engineers licensed in this state are also approved to conduct product evaluation.  (2) through (3) No change.  
(4) Approved Certification Agency Criteria. Approval by the Commission is limited to the scope of 
accreditation established by approved accreditation entities.  
(a) An entity shall be approved by the Commission as a certification agency if i t complies with one of the 
following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation 
listing issued by the accreditation body:  
1. Certification Agencies accredited by ANSI that meet the requirement s of ISO/IEC 17065: Conformity 
Assessment – Requirements for Bodies Certifying Products, Processes and Services  Guide 65: General 
Requirements for Bodies Operating Product Certification Systems  or other standard certified as equivalent by the 
accrediting e ntity pursuant to Rule 61G20 -3.015, F.A.C., and approved by the Commission.  
2. Certification Agencies accredited as meeting the requirements of ISO/IEC 17065: Conformity Assessment – 
Requirements for Bodies Certifying Products, Processes and Services  Guide  65: General Requirements for Bodies 
Operating Product Certification Systems  or other standard certified as equivalent by the accrediting entity pursuant 
to Rule 61G20 -3.015, F.A.C., and approved by the Commission.  
 (b) Certification Agencies shall apply t o the Commission for approval by filing an application as provided by 
subsections 61G20 -3.011(1) and 61G20 -3.007(3), F.A.C., including a Certificate of Independence in accordance 
with Rule 61G20 -3.009, F.A.C., and submitting fees pursuant to subsection 61G 20-3.007(2), F.A.C.  
(c) Approvals shall be valid until such time as Commission approval requirements change, the certification 
agency no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired 
and removed; or the approval is suspended or revoked.  
(5) through (6) No change.  
Rulemaking Authority 553.842(8) FS. Law Implemented 553.842(8) FS. History –New 5 -5-02, Amended 9 -4-03, 3- 9-
04, 11 -22-06, 4 -10-08, 12 -9-09, Formerly 9B-72.100, Amended 7 -14-11, Formerly 9N -3.008, Amended 10 -26-16,    .