Vol. 39, No. 4 (01/07/2013)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Education
  • State Board of Education
    • The purpose of this rule development is to reflect 2012 changes to Section 1012.81, Florida Statutes. The effect will be the alignment with statutory provisions and additional specificity with which colleges are to maintain limited–access records.

2. Proposed Rules

• Department of Health
  • Board of Dentistry
    • The board proposes to create a new rule to address the direct supervision of qualified anesthetist.
      • Due of Comment: 1/28/2013
    • The board proposes this rule amendment to address limited pro-bono screenings, examinations and treatments.
      • Due of Comment: 1/28/2013
• Department of Revenue
  • Departmental
    • The purpose of the proposed repeal of Rule 12-2.021, F.A.C. (Purpose), Rule 12-2.027, F.A.C. (System for Indexing Final Orders), and Rule 12-2.028, F.A.C. (Maintenance of Final Orders), is to remove unnecessary requirements and provisions regarding ...
      • Due of Comment: 1/28/2013
    • Subsection (3) of Rule 12-2.022(3), F.A.C. (Public Inspection and Copying), designates the Florida Administrative Law Reporter as the Department’s official reporter for final orders, except for child support enforcement. The purpose of the proposed ...
      • Due of Comment: 1/28/2013
    • The purpose of the proposed repeal of Rule Chapter 12-15, F.A.C. (Debt Collection Services), is to remove provisions that are redundant of section 213.27, F.S., or are unnecessary. The repeal of the rule sections in Rule Chapter 12-15, F.A.C., will ...
      • Due of Comment: 1/28/2013
• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to delete reference to the requirement to obtain a branch office license.
      • Due of Comment: 1/28/2013
• Department of Revenue
  • Departmental
    • The purpose of the proposed amendments to Rule 12-18.008, F.A.C. (Compensation for Vending Machine Violations), is to update the notice to customers that must be affixed to a vending machine by the operator of the machine, as provided in Section 212....
      • Due of Comment: 1/28/2013
• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to add new language to set the requirements for notification of the licensee’s current mailing address, primary place of practice, as well as the address of the branch office at which the licensee will be ...
      • Due of Comment: 1/28/2013
• Department of Revenue
  • Departmental
    • The purpose of the proposed repeal of Rule 12-19.001, F.A.C. (Scope of Rule), is to remove unnecessary provisions that are redundant of provisions contained in Rule 12-19.002, F.A.C., regarding the reporting of large currency transactions pursuant ...
      • Due of Comment: 1/28/2013
• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to delete reference to the fees for issuance and biennial renewal of an initial Branch Office license and renumber the rule accordingly.
      • Due of Comment: 1/28/2013
    • The Board proposes the rule amendment to delete language referencing the display of license at a branch office and renumber the rule accordingly.
      • Due of Comment: 1/28/2013
• Department of Revenue
  • Departmental
    • Section 213.053, F.S. (Confidentiality and Information Sharing), provides that all information contained in returns, reports, accounts, or declarations received by the Department are confidential, except for official purposes. This section provides ...
      • Due of Comment: 1/28/2013
• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to delete the definition for “Branch Office” and renumber the rule accordingly.
      • Due of Comment: 1/28/2013
• Department of Revenue
  • Departmental
    • Social security numbers are used by the Florida Department of Revenue as unique identifiers for the administration of Florida’s taxes. Social security numbers that are obtained for tax administration purposes continue to remain confidential under ...
      • Due of Comment: 1/28/2013
  • Sales and Use Tax
    • The purpose of the proposed amendments to Rule Chapter 12A-1, F.A.C. (Sales and Use Tax), is to: (1) repeal an unnecessary rule that restates the statutory requirement of Section 212.12(9), F.S., to collect tax on each single sale; (2) remove ...
      • Due of Comment: 1/28/2013
    • The purpose of the proposed amendments to Rule 12A-1.061, F.A.C. (Rentals, Leases, and Licenses to Use Transient Accommodations), is to: (1) provide in the Department’s rule regarding sales tax imposed on transient accommodations any locally-imposed ...
      • Due of Comment: 1/28/2013
    • The purpose of the proposed repeal of Rule Chapter 12A-3, F.A.C. (Tourist Development Tax), is to remove provisions that are redundant of other administrative rules or redundant of statutory provisions.
      • Due of Comment: 1/28/2013
    • The purpose of the proposed repeal of Rule Chapter 12A-8, F.A.C. (Dade County Convention Development Tax), is to remove provisions that are redundant of other administrative rules or redundant of statutory provisions.
      • Due of Comment: 1/28/2013
• State Board of Administration
  • Florida Prepaid College Board
    • To update the definition of registration fee.
      • Due of Comment: 1/28/2013
• Department of Revenue
  • Sales and Use Tax
    • The purpose of the proposed repeal of Rule Chapter 12A-9, F.A.C. (Duval County Convention Development Tax), is to remove provisions that are redundant of other administrative rules or redundant of statutory provisions.
      • Due of Comment: 1/28/2013
    • The purpose of the proposed repeal of Rule Chapter 12A-10, F.A.C. (Duval County Convention Development Tax), is to remove provisions that are redundant of other administrative rules or redundant of statutory provisions.
      • Due of Comment: 1/28/2013
    • The purpose of the proposed updates to Rule Chapter 12A-13, F.A.C. (Fee on the Sale or Lease of Motor Vehicles), is to remove redundant provisions and to update information on how to obtain copies of the fee return from the Department.
      • Due of Comment: 1/28/2013
    • The purpose of the proposed amendments to Rule 12A-19.050, F.A.C. (Notification of Local Communications Services Tax Rate Changes and Permit Fee Elections) and Rule 12A-19.100, F.A.C. (Public Use Forms) is to: (1) clarify provisions regarding when a ...
      • Due of Comment: 1/28/2013
  • Miscellaneous Tax
    • The purpose of the proposed amendments to Rule Chapter 12B-5, F.A.C. (Tax on Motor Fuels, Diesel Fuels, Alternative Fuels, Aviation Fuels, and Pollutants), is to: (1) remove the incorrect reference to the incorporation of a form; (2) remove an ...
      • Due of Comment: 1/28/2013
    • The purpose of the proposed changes to Rule Chapter 12B-7, F.A.C. (Severance Taxes, Fees, and Surcharges), is to: (1) repeal unnecessary definitions of terms; and (2) adopt, by reference, changes to forms used in the administration of the severance ...
      • Due of Comment: 1/28/2013
    • The purpose of the proposed amendments to Rule 12B-12.007, F.A.C. (Refunds and Credits; Recordkeeping Requirements), is to remove obsolete provisions regarding when an application for refund must be filed with the Department.
      • Due of Comment: 1/28/2013
  • Corporate, Estate and Intangible Tax
    • Rule 12-6.005, F.A.C. (Criteria for Qualified Representatives), and Form DR-835 (Power of Attorney and Declaration of Representative), provide the qualifications and requirements of taxpayer representatives. Rule 12-22.005, F.A.C. (Disclosure ...
      • Due of Comment: 1/28/2013
    • Form DR-350111 (Intangible Tax Self-Audit Worksheet), Form DR-350112 (Taxpayer Affidavit), and Form DR-26I (Application for Refund-Intangible Personal Property Tax), previously used in the administration of the annual intangible personal property ...
      • Due of Comment: 1/28/2013
  • Division of Child Support Enforcement
    • The purpose and effect of the proposed repeal of Rule 12E-1.001, F.A.C. (General), is to remove rule provisions that repeat provisions in several statutes and include obsolete terminology. The purpose and effect of the proposed repeal of Rule 12E-1....
      • Due of Comment: 1/28/2013
• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to update the rule title and to add reference to Rule Chapter 64B13-3, Florida Administrative Code.
      • Due of Comment: 1/28/2013

3. Notices of Changes, Corrections and Withdrawals

• Department of Education
  • State Board of Education
    • Residency for Tuition Purposes
    • State Uniform Transfer of Students in the Middle Grades
    • Specifications for New School Buses
    • Industry Certification Process.
• State Board of Administration
  • Florida Prepaid College Board
    • Plan Types

4. Emergency Rules

• Department of the Lottery
  • Departmental
    • Viva Florida 500 Second Chance Promotion.
    • Instant Game Number 1177, QUICK $25s.
    • Instant Game Number 1178, QUICK SILVER.
    • Instant Game Number 1179, FLORIDA TREASURE HUNT.
    • Instant Game Number 1180, KING'S RANSOM.

5. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • On January 3, 2013, the Department issued a Final Order that was in response to a Petition for Variance from Kalmia Condominium No. 5 Association, Inc., filed December 12, 2012, and advertised on December 13, 2012 in Vol. 38, No. 94, of the Florida ...
    • On January 3, 2013 the Division issued an order. The Final Order was in response to a Petition for a Variance from Ocala Meadows, filed December 6, 2012 and advertised in Vol. 38, No. 90, of the Florida Administrative Weekly. No comments were ...
    • On January 3, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Clearwater Clinical, filed December 10, 2012, and advertised in Vol. 38, No. 93, of the Florida Administrative Weekly. No ...
    • On January 3, 2013 the Division issued an order. The Final Order was in response to a Petition for a Variance from 601 Copeland Building, filed December 10, 2012, and advertised in Vol. 38, No. 93, of the Florida Administrative Weekly. No comments ...
    • Woolbright Corporate Center. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code that requires ...
    • Shands Jacksonville-Tower II. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code that ...
    • Oak Park Executive Center. Petitioner seeks a variance of the requirements of ASME A17.3, Section 3.11.1, 3.10.4(t), 3.4.3(d), 3.3.3 and 3.10.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida ...
• Department of Health
  • Board of Medicine
    • waiver filed by Lysmar Carrion, M.D., from Rule 64B8-4.009, F.A.C., with regard to the requirement for submission of the AMA profile for the medical licensure application. Comments on this petition should be filed with the Board of Medicine, 4052 ...
• Fish and Wildlife Conservation Commission
  • Manatees
    • On January 4, 2013, the Commission issued an order granting a temporary variance, with conditions, from section (2)(a)4 of the Sarasota County manatee protection rule (68C-22.026, Florida Administrative Code) to the Sarasota Ski-A-Rees, Inc. ("Ski-A-...

6. Notices of Meetings, Workshops and Public Hearings

• Expressway Authorities
  • Orlando-Orange County Expressway Authority
    • The Expressway Authority is planning to build a partial interchange between State Road 417 (Central Florida GreeneWay) and State Road 91 (Florida’s Turnpike). The project will include new ramps from southbound SR 417 to southbound Florida’s Turnpike,...
      • Hearing Meeting: Cypress Creek High School Cafeteria, 1101 Bear Crossing Drive, Orlando, FL 32824
• Department of Agriculture and Consumer Services
  • Division of Standards
    • This is a regularly scheduled meeting to discuss industry related issues.; February 6, 2013, 10:00 am; Equestrian Pavilion, Florida State Fairgrounds 4800 US Highway 301, Tampa, Florida
      • Hearing Meeting: Equestrian Pavilion, Florida State Fairgrounds 4800 US Highway 301, Tampa, Florida
• Regional Planning Councils
  • West Florida Regional Planning Council
    • General business of the Bay Area Resource Council.; BARC, January 23, 2013, 10:00 a.m. BARC TAC, January 23, 2013, 8:30 a.m.; West Florida Regional Planning Council, 4081 E. Olive Road, Suite A, Pensacola Florida, 32514
      • Hearing Meeting: West Florida Regional Planning Council, 4081 E. Olive Road, Suite A, Pensacola Florida, 32514
• Department of Children and Families
  • Departmental
    • The purpose of the meetingof the negotiations team for Invitation to Negotiate # 01U12GC3, Identity Verification Services the Negotiations Team is for the negotiations team to consider the results of negotiations, along with the proof of concept and ...
      • Hearing Meeting: 1317 Winewood Blvd., Building 3, Room 455
• Other Agencies and Organizations
  • Northwood Shared Resource Center
    • General; January 17, 2013 8:00am; Department of Juvenile Justice Knight Building, CR 1134 2737 Centerview Drive Tallahassee, Florida 32399-3100
      • Hearing Meeting: Department of Juvenile Justice Knight Building, CR 1134 2737 Centerview Drive Tallahassee, Florida 32399-3100
• Department of Legal Affairs
  • Division of Victim Services and Criminal Justice Programs
    • The Council shall make a systematic study of the conditions affecting black men and boys, including, but not limited to, homicide rates, arrest and incarceration rate, poverty, violence, drug abuse, death rates, disparate annual income levels, ...
      • Hearing Meeting: TELEPHONE: 386-947-8052
• Department of Health
  • Board of Chiropractic Medicine
    • For cases previously heard by the panel.; Tuesday, January 29, 2013, commencing at 1:00 p.m., at meet me number (888) 670-3525, participant passcode 9238150597.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257
      • Hearing Meeting: Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257
• Regional Planning Councils
  • East Central Florida Regional Planning Council
    • Meeting of the Executive Committee to discuss the January 2013 Council Meeting. Please note that the Executive Committee meeting previously scheduled for Monday, January 7, 2013 has been CANCELLED.; Wednesday, January 16, 2013, 9:00 a.m.; ECFRPC ...
      • Hearing Meeting: ECFRPC Offices: 309 Cranes Roost Blvd., Suite 2000, Altamonte Springs, FL 32701
• Department of Environmental Protection
  • Departmental
    • Presentation of a Draft Interim Operation and Facilities Plan for the Silver Springs Attraction.; Monday, January 14, 2013, 7:00 p.m. (ET); Vanguard High School Cafeteria, 7 NW 28th Street, Ocala, Fl 34475
      • Hearing Meeting: Vanguard High School Cafeteria, 7 NW 28th Street, Ocala, Fl 34475
• Department of Health
  • Departmental
    • This is a special teleconference to discuss the content of the Council’s 2013 Report to the Governor and Legislature. Due to the workshop nature of the meeting, public comment will not be heard at this teleconference.; Thursday, January 17, 2013, 8:...
      • Hearing Meeting: Teleconference Toll-Free #: 1-888-670-3525 Event Code: 6625033505 Communication access realtime translation (CART) services will be provided remotely via: http://www.streamtext.net/text.aspx?event=FCCDHH
• Other Agencies and Organizations
  • Florida Health Choices
    • General board business. Correction: The initial notice was published with an incorrect date of Friday, January 22. The correct date is Tuesday, January 22.; Tuesday, January 22, 2013, 11:00 a.m.; Orlando, Florida
      • Hearing Meeting: Orlando, Florida
• Department of Business and Professional Regulation
  • Florida Building Commission
    • To discuss and provide recommendations regarding comments submitted on the proposed amendments to the “Request for Waiver” application and incorporated by reference in 61G20-4.001.01and other business for the Commission.; January 23, 2013, at 10:00 ...
      • Hearing Meeting: MEETING TO BE CONDUCTED USING COMMUNICATIONS TECHNOLOGY, Specifically, Teleconference and Webinar. YOU MUST ACCESS BOTH THE WEBINAR for VISUAL AIDS ONLY and TELECONFERENCE for AUDIO ONLY. Teleconference: 1-888-670-3525 Conferencing Code: 297 701 3986 To join the online meeting (Now from mobile devices!) 1. Go to https://suncom.webex.com/suncom/j.php?ED=167666847&UID=1306199642&RT=MiMxMQ%3D%3D 2. If requested, enter your name and email address. 3. If a password is required, enter the meeting password: (This meeting does not require a password.) 4. Click "Join". To view in other time zones or languages, please click the link: https://suncom.webex.com/suncom/j.php?ED=167666847&UID=1306199642&ORT=MiMxMQ%3D%3D Public Point of Access: Department of Business and Professional Regulation, Room 250L, 2555 Shumard Oak Boulevard, Tallahassee, FL
• Department of Environmental Protection
  • Departmental
    • This is a public meeting to discuss technical issues related to the initiation of the Upper Wakulla River and Wakulla Springs Basin Management Action Plan (BMAP). The primary topic of discussion during this meeting will be the BMAP development ...
      • Hearing Meeting: Wakulla County Public Library, 4330 Crawfordville Highway, Crawfordville, Florida
• Agency for State Technology
  • Departmental
    • General; January 17, 2013 8:00am; Department of Juvenile Justice Knight Building, CR 1134 2737 Centerview Drive Tallahassee, Florida 32399-3100
      • Hearing Meeting: Department of Juvenile Justice Knight Building, CR 1134 2737 Centerview Drive Tallahassee, Florida 32399-3100

7. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Business and Professional Regulation
  • Division of Florida Condominiums, Timeshares and Mobile Homes
    • David H. Rogel, Esq., In Re: La Brisa Association, Inc., Docket No. 2012043666; The Division finds that the use of interest income from the reserves of a particular condominium whose owners are members of La Brisa Association, a multicondominium, ...
• Department of Health
  • Board of Medicine
    • Richard H. Hubbard, M.D.
    • John Luther Lentz, M.D., and J. Luke Lentz, M.D., PA
• Department of Agriculture and Consumer Services
  • Division of Consumer Services
    • Robert E. Holland; The Board declined to issue a declaratory statement because the question posed by the Petitioner requested an answer which was based on a previously committed act that was contractual in nature.
• Department of Business and Professional Regulation
  • Florida Building Commission
    • Robert W. Moody, COO for URETEK Holdings, Inc.; Petitioner seeks clarification as to whether rigid geotechnical polymers used as a method of soil stabilization is regulated by the 2010 Florida Building Code and if so, whether using the stated ...

8. Miscellaneous

• Department of Health
  • Board of Nursing
    • Department of Health, Board of Nursing
• Department of Highway Safety and Motor Vehicles
  • Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
• Department of Health
  • Board of Nursing
    • Department of Health, Board of Nursing