Vol. 44, No. 213 (10/31/2018)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Veterans' Affairs
  • Division of Veterans' Benefits and Assistance
    • The proposed amendments will refine and clarify certain concepts in order to provide more consistency among public employers during various processes involving recruiting, selecting, and promoting preference-eligible persons.
• Department of Law Enforcement
  • Division of Criminal Justice Information Systems
    • 11C-7.006: Amending rule to remove an obsolete form, deleting the verbiage incorporating forms, updating the effective date of forms and the website link, and clarifying language for the certification of the application. 11C-7.007: Amending rule ...
  • Division of Local Law Enforcement Assistance
    • Subsection 11D-10.003(3), F.A.C.: Removes the specification of the January Cabinet meeting from the rule to allow nominations to be submitted at a subsequent Cabinet meeting.
• Department of Economic Opportunity
  • Division of Workforce Services
    • To establish the structure for awarding grants pursuant to section 446.71, F.S., the Everglades Restoration Agricultural Employment Training Program.
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • The Agency proposes to create a section in hospital rules to align with recently revised statutory requirements per Chapter 2018-24, Laws of Florida. Section 395.1055, FS. directs the Agency, in consultation with the pediatric cardiac technical ...
• Department of Law Enforcement
  • Office of Inspector General
    • 11N-1.001: Clarify and define terms. 11N-1.002: Amending to simplify procedure and process for funding. 11N-1.0021: Amending to clarify criteria. 11N-1.0022: Amending to clarify criteria. 11N-1.003; 11N-1.0031; 11N-1.004; 11N-1.005; 11N-1.0051; ...
  • Division of Local Law Enforcement Assistance
    • 11D-9.001: Add new definitions for statewide planning requirements for the Edward Byrne Memorial Justice Assistance Grant (JAG) program. 11D-9.002: Add new requirements for statewide planning for the Edward Byrne Memorial Justice Assistance Grant (...
• Department of Revenue
  • Sales and Use Tax
    • The Department is creating a new rule to address the Florida Sales Tax Credit Scholarship Program. The new rule will provide guidance on how to apply for an allocation; how to claim a credit following approval of the allocation application and ...
    • The Department is developing a new rule to implement the Hope Scholarship Program. The new rule will provide guidance on how a contribution can be made to the Program; how dealers are to remit and report contributions; how organizations who receive ...
    • Sections 57 and 58, Chapter 2018-118, L.O.F., provide a refund of sales tax paid on fencing materials and building materials used to repair nonresidential farm buildings damaged by Hurricane Irma. This requires the creation of a form to be used by ...
  • Miscellaneous Tax
    • Section 59, Chapter 2018-118, L.O.F., provides an exemption from tax on fuel purchased in this state between September 10, 2017 and June 30, 2018, which is used in this state for agricultural shipment. The exemption is only available through a ...

2. Proposed Rules

• Fish and Wildlife Conservation Commission
  • Freshwater Fish and Wildlife
    • The purpose of this proposed rule is to create a mammal chapter similar to existing chapters for birds (68A-16, F.A.C), reptiles (68A-25, F.A.C), and amphibians (68A-26, F.A.C.). The species included in this rule are included to continue to limit ...
      • Due of Comment: 11/21/2018
• Department of Health
  • Departmental
    • To provide for physician, nurse midwives, and licensed midwives reporting of adverse incidents associated with planned out-of-hospital births as defined in section 456.0495, F.S., pursuant to recently enacted legislation.
      • Due of Comment: 11/21/2018
• Department of Business and Professional Regulation
  • Board of Professional Engineers
    • The proposed rule amendment is intended to update and clarify the incorporated application form, including separate pages for design and inspection experience and details on threshold building parameters.
      • Due of Comment: 11/21/2018
• Department of Health
  • Division of Environmental Health
    • To update language regarding required drowning prevention education programs, drowning prevention and responsibilities of swimming pool ownership.
      • Due of Comment: 11/21/2018
• Agency for Health Care Administration
  • Medicaid
    • The purpose of the amendment to Rule 59G-4.002, Florida Administrative Code, (F.A.C.), is to update fee schedules and billing codes.
      • Due of Comment: 11/21/2018

3. Notices of Changes, Corrections and Withdrawals

• Department of Business and Professional Regulation
  • Barbers' Board
    • Normal Penalty Ranges

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Financial Services
  • Finance
    • Temporary Waiver from Title XXXIII, Chapter 560, Section 304 from Wal-Mart Stores East, LP. Section 560.304, Florida Statutes, establishes an exemption from licensure to “a person cashing payment instruments that have an aggregate face value of ...
  • Division of Funeral, Cemetery, and Consumer Services
    • that the request for waiver, by Joel Gilchrist, that another internship be granted wherein he will need to complete another four quarters, and begin his internship anew as if the first time. was granted at the October 4, 2018 Board Meeting.
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Rule 59A-4.1265(5) from Palms Facility Inc d/b/a Palms Care Center, seeking additional time beyond January 1, 2019, to implement the Detailed Nursing Home Emergency Power Plan. The petition was assigned case number 2018015744. Any interested ...
    • Rule 59A-4.1265(5) from Palmetto Facility Inc d/b/a Palmetto Care Center, seeking additional time beyond January 1, 2019, to implement the Detailed Nursing Home Emergency Power Plan. The petition was assigned case number 2018015740. Any interested ...
• Department of Children and Families
  • Agency for Persons with Disabilities
    • Medicaid variance and/or waiver of Rule 65G-5.004, F.A.C., from Ms. Tessa Lyn Solomon, Petitioner. The rule states in part that “Neither the supported living provider nor the immediate family of the supported living provider shall serve as landlord ...
• Department of Elder Affairs
  • Federal Aging Programs
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from Lakeview Terrace Assisted Living Facility. Any interested person or other agency may submit written comments on the petition ...
• 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 La Jamoteca Inc. located in Miami. The above referenced F.A.C. addresses the requirement that each establishment ...
    • On October 22, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Muschette LLC located in ...
  • Florida Real Estate Commission
    • variance or waiver filed by Albin J. Varoski III, seeking a variance or waiver of Rule 61J2-3.009(3), Florida Administrative Code, which states that a provider shall issue notice of satisfactory classroom course completion only to a licensee ...

5. Notices of Meetings, Workshops and Public Hearings

• Regional Planning Councils
  • Northeast Florida Regional Planning Council
    • Local Emergency Planning Committee (LEPC) quarterly meeting.; November 14, 2018, 10:00 a.m.; St. Johns County Fire Rescue Headquarters, 3657 Gaines Road, St. Augustine, FL 32084
      • Hearing Meeting: St. Johns County Fire Rescue Headquarters, 3657 Gaines Road, St. Augustine, FL 32084
• Department of Agriculture and Consumer Services
  • Division of Marketing and Development
    • Committee Meetings, Annual Industry Status Reports, Fund Collections, Committee Reports; Tuesday, November 13, 2018, 9:30 a.m.; Lakeridge Winery & Vineyards 19239 U.S. 27 North Clermont, FL 34715
      • Hearing Meeting: Lakeridge Winery & Vineyards 19239 U.S. 27 North Clermont, FL 34715
• Department of Children and Families
  • Refugee Services
    • The purpose of the Southwest Florida Refugee Task Force meeting is to increase awareness of the refugee populations, share best practices, spot trends in refugee populations, build collaborations between agencies, help create good communication ...
      • Hearing Meeting: USCIS Fort Myers Field Office, 4220 Executive Circle, Suite 1, Fort Myers, Florida 33916
• Agency for Health Care Administration
  • Medicaid
    • The Agency for Health Care Administration will hold its annual Post Award Forum on Florida’s Family Planning program. The annual Post Award Forum provides stakeholders the opportunity to provide meaningful comment on the progress of the Family ...
      • Hearing Meeting: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, Florida 32308. To participate by phone, please call 1-888-339-2688 and enter the participant code 716 467 78.
    • The Agency for Health Care Administration will hold its annual Post Award Forum on Florida’s Managed Medical Assistance (MMA) program. The annual Post Award Forum provides stakeholders the opportunity to provide meaningful comment on the progress ...
      • Hearing Meeting: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, Florida 32308. To participate by phone, please call 1-888-339-2688 and enter the participant code 716 467 78.
• Fish and Wildlife Conservation Commission
  • Division of Law Enforcement
    • Reschedule of second annual meeting. Will be reviewing financial and old and new business.; November 8, 2018, 1:00 p.m.; Conference Call/ Tallahassee
      • Hearing Meeting: Conference Call/ Tallahassee
• Department of State
  • Division of Historical Resources
    • Quarterly meeting of the Florida National Register Review Board to review and approve proposed National Register nominations. Via Webinar: https://attendee.gotowebinar.com/register/2786409149597176065 Webinar ID: 324-823-251 Note: This notice ...
      • Hearing Meeting: Room 307 of the R.A. Gray Building at 500 S. Bronough Street, Tallahassee, Florida 32399
• Department of Transportation
  • Departmental
    • Conference Call is cancelled-Thanksgiving Holiday; November 22, 2018; 605 Suwannee Street, Tallahassee, Florida, 32399
      • Hearing Meeting: 605 Suwannee Street, Tallahassee, Florida, 32399
• Executive Office of the Governor
  • Departmental
    • General business; Tuesday, November 13, 2018, 2:00 PM until all business is complete.; Phone: (888) 670-3525, Passcode: 3360784946#
      • Hearing Meeting: Phone: (888) 670-3525, Passcode: 3360784946#
• Department of Health
  • Division of Emergency Preparedness and Community Support
    • General business of the Florida Trauma System Advisory Council. The purpose of these meetings is to facilitate informal discussion between council members pursuant to Chapter 286, Florida Statutes, and Article I, Section 24, of the Florida ...
      • Hearing Meeting: Florida Department of Health, 4042 Bald Cypress Way, Tallahassee FL 32399, Conference Line: 1(888) 670-3525, participant code: 3592419889 then #
• Department of Business and Professional Regulation
  • Board of Employee Leasing Companies
    • Wednesday, November 14, 2018, 9:00 a.m. - Disciplinary Hearings and General Board and Business Meeting.; Wednesday, November 14, 2018, 9:00 a.m.; Hilton St. Petersburg Bayfront, 333 1st S., St. Petersburg, FL 33701
      • Hearing Meeting: Hilton St. Petersburg Bayfront, 333 1st S., St. Petersburg, FL 33701
• Department of Children and Families
  • Departmental
    • Ongoing Hillsborough County Alliance business.; November 13, 2018, 9:00 a.m.; 1003 E. Palm Avenue, Tampa, FL
      • Hearing Meeting: 1003 E. Palm Avenue, Tampa, FL

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Health
  • Division of Medical Quality Assurance
    • Milind Tilak, M.D., of Doctors Inlet Internal Medicine, Spine and Pain Clinic and Avenues Internal Medicine Clinic; The Notice of Petition for Declaratory Statement was published August 31, 2018, in Vol. 44, No. 171 of the Florida Administrative ...
• Department of Business and Professional Regulation
  • Construction Industry Licensing Board
    • Shawn J. Riley.; Petitioner seeks a determination from the Board regarding whether Emergency Mitigation Services (removal of insulation, drywall, cabinets, plumbing supplies, drains and fixtures required to mitigate damages) requires licensure of a ...

7. Miscellaneous

• Department of Health
  • Board of Nursing
    • Department of Health, Board of Nursing
  • Departmental
    • Department of Health, Departmental
  • Board of Nursing
    • Department of Health, Board of Nursing
    • Department of Health, Board of Nursing
    • Department of Health, Board of Nursing
• Department of State
  • Departmental
    • Department of State, Departmental