Vol. 43, No. 210 (10/30/2017)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Agency for Health Care Administration
  • Health Care Responsibility Program
    • Rule 59H-1.0035 will undergo rule development to clarify definitions, remove outdated language, and update the reimbursement rates.
• Department of Education
  • State Board of Education
    • To update the License Exemptions for CTE Programs List for the 2017-18 academic year, add a new assessment instrument, add an expiration date to an existing assessment instrument and delete an instrument that is no longer reportable to the state. ...
• Agency for Health Care Administration
  • Certificate of Need
    • The Agency is proposing to amend Rule 59C-1.005, F.A.C., to add exemption criteria pursuant to statutory changes during the 2017 legislative session to 408.036 (3), F.S.
• Department of Law Enforcement
  • Criminal Justice Standards and Training Commission
    • Subsection 11B-14.001(9), F.A.C.: Updates the rule reference because paragraphs were added to Rule 11B-35.001, F.A.C. Paragraph 11B-14.005(3)(a), F.A.C.: Removes the reference to Rule 11B-35.006(1)(b), F.A.C., and adds a link to the Active CJSTC ...
    • Paragraph 11B-20.001(1)(j), F.A.C.: Establishes rule language that prohibits romantic or sexual relationships between certified instructors and students attending basic recruit training. Given the ability of an instructor to control access to the ...
    • Paragraph 11B-21.005(4)(a), F.A.C.: Updates the Driving Range Facility and Equipment Requirements, form CJSTC-202, to clarify that the tourniquet that is to be available in the first aid kit for use in the event of an injury to a student or ...
    • Sub-paragraph 11B-27.0011(4)(b)1., F.A.C.: Amends current rule language as a result of the 2015 Legislature, which created Chapter 784.049, F.S., Sexual Cyberharassment. This charge applies to persons who publish a sexually explicit image of ...
    • Subsection 11B-30.006(1), F.A.C.: Updates the rule reference because paragraphs were added to Rule 11B-35.001, F.A.C. Paragraph 11B-30.006(2)(a), F.A.C.: Updates the rule reference because paragraphs were removed from Rule 11B-35.001, F.A.C., and ...
    • Subsections 11B-35.001(7)-(16), F.A.C.: Renumbers the paragraphs of Rule 11B-35.001(7)-(16), F.A.C., because new paragraphs were added to the requirements and specifications section. Subsections 11B-35.001(7)-(9), F.A.C.: Provides an official ...
  • Division of Criminal Justice Information Systems
    • The Uniform Crime Reports (UCR) Guide Manual was recently updated. The change reflects the current version of the UCR Guide Manual.
    • 11C-6.004: The rule change is requested to be consistent with current methods of Florida criminal history record check requests and correct a statute reference. Additionally, the Volunteer and Employee Criminal History System (VECHS) Qualified ...
    • The rule change is requested to reflect the new types of expunge and seal Certificates of Eligibility and the deletion of an obsolete form.
  • Medical Examiners Commission
    • Subsection 11G-5.002(9), F.A.C.: Orange and Osceola counties each enacted home rule authority for the appointment of the county’s respective medical examiner, which requires each county to become its own medical examiner district. This revision ...
• Department of Education
  • State Board of Education
    • To adopt the learning gains calculation model for the Florida Standards Alternate Assessments in English Language Arts and Mathematics, as well as to bring the rule into compliance with 2017 statutory changes and an update to the referenced federal ...
    • To make the rule consistent with 2016 changes to Rule 6A-1.09430, F.A.C.
    • The inclusion of concordant scores in the calculations of English Language Arts and Mathematics learning gains to implement 2017 statutory changes to section 1008.341, F.S., by chapter 2017-116, § 28, Laws of Florida.
• Department of Health
  • Departmental
    • Department of Health, Departmental
• Department of Corrections
  • Departmental
    • To implement HB1203 legislative changes to section 945.10, F.S. related to confidential protected health information of inmates.
    • To implement HB1203 legislative changes to section 945.10, F.S. related to confidential protected health information of inmates.
    • To implement legislative changes to section 944.597, F.S. that include training curriculum requirements and eliminates obsolete language related to Florida-based transport company personnel who are based outside the state of Florida.
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • The Agency is proposing to amend Rule 59A-6.022, F.A.C. to incorporate recent statutory changes related to medical assistance qualifications, and remove vague or outdated language.

2. Proposed Rules

• Agency for Health Care Administration
  • Medicaid
    • The purpose of Rule 59G-1.050, Florida Administrative Code, is to specify general Florida Medicaid policies that apply to all providers.
      • Due of Comment: 11/20/2017
• Department of Management Services
  • Senior Management Service Optional Annuity Program
    • The purpose and effect of this Notice is to repeal Rules 60V-1.003, 60V-1.004, and 60V-1.006, F.A.C., which are unnecessary to implement the laws implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal the rules in Chapter 60V-2, F.A.C., which are unnecessary to implement the laws implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal Rules 60V-3.002, 60V-3.003, and 60V-3.004 F.A.C., which are unnecessary to implement the laws implemented.
      • Due of Comment: 11/20/2017
  • IFAS Supplemental Benefit Program
    • The purposed and effect of this Notice is to repeal rule 60W-1.002, F.A.C., which is unnecessary to implement the law implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal Rules 60W-2.002, 60W-2.003, and 60W-2.004 F.A.C., which is unnecessary to implement the law implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal Rules 60W-3.003, 60W-3.004, and 60W-3.005, F.A.C., which are unnecessary to implement the laws implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal Rules 60W-4.010, 60W-4.011, and 60W-4.012, F.A.C., which are unnecessary to implement the laws implemented.
      • Due of Comment: 11/20/2017
• Department of Education
  • State Board of Education
    • To remove language related to the administration of the Algebra 2 End-of-Course (EOC) Assessment, which was eliminated as a required statewide assessment from s. 1008.22, F.S., following the passage of House Bill (HB) 7069 in the 2017 legislative ...
      • Due of Comment: 11/20/2017
• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • The proposed rule repeal is intended to remove language no longer in use.
      • Due of Comment: 11/20/2017
    • The proposed rule repeal is intended to remove language no longer in use.
      • Due of Comment: 11/20/2017
• Department of Health
  • Board of Massage Therapy
    • The purpose of the amendments is to improve clarity and efficiency, and delete duplicative language.
      • Due of Comment: 11/20/2017
    • The purpose of the amendments is to clarify rules, improve efficiency and delete unnecessary language.
      • Due of Comment: 11/20/2017
    • The purpose of the amendment is to delete obsolete subsection.
      • Due of Comment: 11/20/2017
• Department of Management Services
  • Division of Building Construction
    • The purposed and effect of this Notice is to repeal rule 60D-4.001, F.A.C., which is unnecessary to implement the law implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal rule 60D-3.001, F.A.C., which is unnecessary to implement the law implemented.
      • Due of Comment: 11/20/2017
    • The purposed and effect of this Notice is to repeal rule 60D-13.001, F.A.C., which is unnecessary to implement the law implemented.
      • Due of Comment: 11/20/2017
• Department of Agriculture and Consumer Services
  • Division of Agricultural Water Policy
    • The purpose of this proposed rule revision is to replace the existing re-enrollment requirements with a timed update of vegetable and agronomic crop best management practices against which enrolled producers will be evaluated for the purposes of ...
      • Due of Comment: 11/20/2017
• Department of Management Services
  • Division of Building Construction
    • The purposed and effect of this Notice is to repeal rule 60D-14.005, F.A.C., which is unnecessary to implement the law implemented.
      • Due of Comment: 11/20/2017
• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • The proposed rule repeal is intended to remove language no longer in use.
      • Due of Comment: 11/20/2017
• Department of Education
  • State Board of Education
    • To create the Model Florida Charter School Application High-Performing Charter School System Replication and its corresponding evaluation instrument.
      • Due of Comment: 11/20/2017
• Department of Health
  • Division of Family Health Services
    • To repeal an obsolete and unnecessary rule.
      • Due of Comment: 11/20/2017
• Department of Education
  • State Board of Education
    • To update provisions in the rule due to 2017 statutory changes to Section 1012.56(8), F.S. so that initial and continued program approval requirements for Professional Development Certification Programs\include a teacher mentorship and induction ...
      • Due of Comment: 11/20/2017

3. Notices of Changes, Corrections and Withdrawals

• Department of Corrections
  • Departmental
    • Use of Force, Restraint of Pregnant Inmates, Escort Chair
    • Use of Force, Restraint of Pregnant Inmates, Escort Chair

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Law Enforcement
  • Criminal Justice Standards and Training Commission
    • a permanent waiver of Rule 11B-30.008(1), F.A.C., from Benjamin Lenfant. Petitioner wishes to waive that portion of the Rule that states, in pertinent part: Administration of the Computer-Based State Officer Certification Examination (CB-SOCE) shall ...
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Variance from Rule 59AER17-1, F.A.C.,from 2900 Twelfth Street North, LLC dba Lakeside Pavilion. The Petition has been assigned Agency case number 2017012940. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the ...
    • Variance from Rule 59AER17-1, F.A.C., from Inn at La Posada. The Petition has been assigned Agency case number 2017012964. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the ...
    • Variance from Rule 59AER17-1, F.A.C., from Mease Manor Inc. d/b/a Mease Continuing Care. The Petition has been assigned Agency case number 2017012967. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for ...
    • Waiver from Rule 59AER17-1, F.A.C., from Life Care Ponte Vedra, Inc., d/b/a Vicar's Landing Nursing Home. The Petition has been assigned Agency case number 2017012966. The Petition seeks a waiver from Rule 59AER17-1 F.A.C. requesting a waiver as to ...
    • Variance from Rule 59AER17-1, F.A.C., from Martin Operating Corp., licensed operator of Martin Nursing and Restorative Care Center. The Petition has been assigned Agency case number 2017012724. The Petition seeks a variance from Rule 59AER17-1 F.A.C....
    • Variance from Rule 59AER17-1, F.A.C., from Zephyrhills Health & Rehab Center, Inc. The Petition has been assigned Agency case number 2017012975. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the ...
    • Variance from Rule 59AER17-1, F.A.C., from Ocoee Health Facilities, LP, d/b/a Ocoee Health Care Center. The Petition has been assigned Agency case number 2017012976. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as ...
    • Variance from Rule 59AER17-1, F.A.C., from Pinnacle Health Facilities XXIII, LP, d/b/a Tarpon Point Nursing & Rehab. The Petition has been assigned Agency case number 2017012978. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a ...
    • Variance from Rule 59AER17-1, F.A.C., from Presbyterian Retirement Communities, Inc. d/b/a Westminster Baldwin Park. The Petition has been assigned Agency case number 2017012979. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a ...
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • First United Methodist Church at 1001 Constitution Dr, Port St Joe FL. Petitioner seeks an emergency variance of the requirements of Rules 2.14.1.5(a) and 2.14.1.5(f), A17.1, 2009. as adopted by 61C-5.001(1), Florida Administrative Code that ...
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Variance from Rule 59AER17-1, F.A.C., from Presbyterian Retirement Communities, Inc. d/b/a Westminster Towers and Shores of Bradenton. The Petition has been assigned Agency case number 2017012980. The Petition seeks a variance from Rule 59AER17-1 F....
    • Variance from Rule 59AER17-1, F.A.C., from Hacienda Care VI, LP, d/b/a West Gables Health Care Center. The Petition has been assigned Agency case number 2017012981. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to ...
    • Variance from Rule 59AER17-1, F.A.C., from Palm Garden of Gainesville LLC, d/b/a Palm Garden of Gainesville. The Petition has been assigned Agency case number 2017012669. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance ...
    • Variance from Rule 59AER17-1, F.A.C., from Gulf Shore Facility, Inc., d/b/a Gulf Shore Care Center. The Petition has been assigned Agency case number 2017012938. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to ...
    • Variance from Rule 59AER17-1, F.A.C., from Excel Facility, Inc., d/b/a Excel Care Center. The Petition has been assigned Agency case number 2017012937. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for ...
    • Variance from Rule 59AER17-1, F.A.C., from Palm Garden of Largo LLC, d/b/a Palm Garden of Largo. The Petition has been assigned Agency case number 2017012542. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the ...
    • Variance from Rule 59AER17-1, F.A.C., from Holly Hill RHF Housing, Inc., d/b/a Bishops Glen Retirement Center. The Petition has been assigned Agency case number 2017012584. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a ...
    • Variance from Rule 59AER17-1, F.A.C., from Lake Eustis Health and Rehabilitation Center. The Petition has been assigned Agency case number 2017012885. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for ...
    • Variance from Rule 59AER17-1, F.A.C., from Brynwood Health and Rehabilitation Center. The Petition has been assigned Agency case number 2017012889. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the ...
    • Variance from Rule 59AER17-1, F.A.C., from Windsor Health and Rehabilitation Center. The Petition has been assigned Agency case number 2017012973. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the ...
• Department of Children and Families
  • Family Safety and Preservation Program
    • that on October 23, 2017, the Department of Children and Families granted the petition for waiver of subsection 65C-14.023(15) (b), Florida Administrative Code, for Sheridan House Family Ministries, assigned Case No. 17-031W. The waiver request was ...
• Department of Law Enforcement
  • Criminal Justice Standards and Training Commission
    • a permanent waiver of Rule 11B-30.008(1), F.A.C., from David V. Tran. Petitioner wishes to waive that portion of the Rule that states, in pertinent part: Administration of the Computer-Based State Officer Certification Examination (CB-SOCE) shall be ...
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from HM Retail LLC located in Tampa. The above referenced F.A.C. addresses the requirement that each establishment ...

5. Notices of Meetings, Workshops and Public Hearings

• Other Agencies and Organizations
  • Florida Insurance Guaranty Assoc., Inc.
    • The Board of Directors' will meet to discuss the general business of the Association. The agenda will include but not limited to: Minutes, Receivers, Legal, Claims, Financial, Finance & Audit Committee and Operation's Reports.; November 13, 2017, 1:...
      • Hearing Meeting: Orlando, FL
• State Board of Administration
  • Departmental
    • General business of the Audit Committee.; Monday, November 13, 2017, 9:30 a.m. – conclusion of business (EST); Hermitage Room, First Floor, The Hermitage Centre, 1801 Hermitage Blvd, Tallahassee, Florida 32308
      • Hearing Meeting: Hermitage Room, First Floor, The Hermitage Centre, 1801 Hermitage Blvd, Tallahassee, Florida 32308
• Other Agencies and Organizations
  • MRGMiami
    • The FDOT, District Four, will be hosting a Public Workshop for the 95 Express Phase 3C Project, which will provide two tolled express lanes in each direction from Stirling Road to Broward Boulevard and a system to system direct connection between I-...
      • Hearing Meeting: Courtyard Marriott located at 400 Gulfstream Way, Dania Beach, FL 33004.
• Water Management Districts
  • Southwest Florida Water Management District
    • Industrial Advisory Committee meeting: To discuss committee business. All or part of this meeting may be conducted by means of communications media technology in order to permit maximum participation of committee and Governing Board members.; ...
      • Hearing Meeting: SWFWMD Tampa Office, 7601 US Highway 301 North, Tampa FL 33637
    • Public Supply Advisory Committee meeting: To discuss committee business. All or part of this meeting may be conducted by means of communications media technology in order to permit maximum participation of committee and Governing Board members.; ...
      • Hearing Meeting: SWFWMD Tampa Office, 7601 US Highway 301 North, Tampa FL 33637
    • Governing Board Meeting, Committee Meetings and Public Hearing: Consider SWFWMD business. All or part of this meeting may be conducted by means of communications media technology in order to permit maximum participation of Governing Board members.; ...
      • Hearing Meeting: SWFWMD Tampa Office, 7601 US Highway 301 North, Tampa FL 33637
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • The Governor’s Panel on Excellence in Long-Term Care will be meeting to review applications received for consideration for the Gold Seal Award designation and reviewing the Nursing Home Gold Seal Award criteria for the Gold Seal Award. Other ...
      • Hearing Meeting: 1(888)670-3525, conference code: 8050334011
• Water Management Districts
  • Northwest Florida Water Management District
    • District business. Consideration of Resolution No. 826 Amending the Fiscal Year 2016-2017 Budget – Amendment 14 – Realignment of Budget NOTE: One or more Governing Board members may attend and participate in the meetings by means of communications ...
      • Hearing Meeting: WindMark Beach – Town Hall, 101 Good Morning Street, Port St. Joe, FL 32456
• Public Service Commission
  • Departmental
    • The Florida Public Service Commission will consider at its November 7, 2017 Commission Conference, Docket No. 20170208-EI, Gulf Power Company’s Application for authority to issue and sell securities and to receive common equity contributions during ...
      • Hearing Meeting: Commission Hearing Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida 32399-0850.
• Department of Health
  • Board of Opticianry
    • To discuss general board business.; January 9, 2018 at 9:00 a.m. EST; (888) 670-3525 Conference Code: 4552635641#
      • Hearing Meeting: (888) 670-3525 Conference Code: 4552635641#
• Metropolitan Planning Organizations
  • Departmental
    • MPOAC Freight Committee activities related to freight transportation planning. MPOAC Governing Board activities related to transportation planning adjacent to metropolitan areas in Florida.; November 6 MPOAC Freight Committee 1:00 pm and Nov. 7 ...
      • Hearing Meeting: Sheraton Bay Point Resort, Panama City Beach, Florida 32408.
• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • The Probable Cause Panel will meet to conduct a private meeting to review cases to determine probable cause and to conduct a public meeting to review cases where probable cause was previously found. All or part of this meeting may be conducted as a ...
      • Hearing Meeting: Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.
    • Official business of Commission –topics include proposed legislation affecting Chapter 475, Part I, F.S., Chapter 61J2 rule discussion to include the annual rules review for the Annual Regulatory Plan, budget discussions, escrow disbursement ...
      • Hearing Meeting: Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801
• Water Management Districts
  • South Florida Water Management District
    • The South Florida Water Management District has scheduled a public meeting for the Everglades Agricultural Area Storage Reservoir Project to engage the public. The overall goal is to discuss and answer questions on project scope and schedule, plan ...
      • Hearing Meeting: SFWMD, 3301 Gun Club Road, West Palm Beach, FL 33406
• Other Agencies and Organizations
  • Florida Workers' Compensation Joint Underwriting Association, Inc
    • Agenda topics may include 2018 Business Plan & Forecast, disaster recovery matters and report on operations.; December 1, 2017 beginning at 10:00 a.m. (Eastern Time); Contact Kathy Coyne at (941) 378-7408 to participate in the teleconference meeting....
      • Hearing Meeting: Contact Kathy Coyne at (941) 378-7408 to participate in the teleconference meeting.
    • Agenda topics may include 2018 reinsurance program, reinsurer financials review, and reinsurance activities update.; December 1, 2017 beginning at 11:00 a.m. (Eastern Time); Contact Kathy Coyne at (941) 378-7408 to participate in the teleconference ...
      • Hearing Meeting: Contact Kathy Coyne at (941) 378-7408 to participate in the teleconference meeting.

6. Notice of Petitions and Dispositions Regarding the Validity of R

• Department of Elder Affairs
  • Federal Aging Programs
    • Florida Association of Homes and Services for the Aging, Inc., d/b/a Leadingage Florida vs. Agency for Health Care Administration and Department Of Elder Affairs; Case No.: 17-5388RE; Rule No.: 58A-1.009; Petition
    • Florida Association of Homes and Services for the Aging, Inc., d/b/a Leadingage Florida vs. Agency for Health Care Administration and Department Of Elder Affairs; Case No.: 17-5388RE; Rule No.: 58A-1.001; Invalid

7. Notices Regarding Bids, Proposals and Purchasing

• Department of Children and Families
  • Departmental
    • Department of Children and Families, Departmental
• Fish and Wildlife Conservation Commission
  • Departmental
    • Fish and Wildlife Conservation Commission, Departmental
• Department of Education
  • New College of Florida
    • Department of Education, New College of Florida
• Department of Environmental Protection
  • Departmental
    • Department of Environmental Protection, Departmental

8. Miscellaneous

• Other Agencies and Organizations
  • Florida Insurance Guaranty Assoc., Inc.
    • Other Agencies and Organizations, Florida Insurance Guaranty Assoc., Inc.
• Department of Financial Services
  • FSC - Financial Institution Regulation
    • Department of Financial Services, FSC - Financial Institution Regulation
• Department of State
  • Departmental
    • Department of State, Departmental