Vol. 43, No. 195 (10/09/2017), Florida Administrative Register

Vol. 43, No. 195 (10/09/2017)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

Department of Business and Professional Regulation
- Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination
  - To update and clarify existing language and remove unnecessary language within the rule’s text.
  - To update and amend reference to the amount of delinquent fees based upon changes in law.
Department of Children and Families
- Substance Abuse Program
  - The Department intends to amend Chapter 65D-30, F.A.C., to modify regulatory language to comport with Chapter 2017-173, Laws of Florida, and other current laws and policies related to standards for the provision of substance abuse services.
- Family Safety and Preservation Program
  - The Department intends to amend Rule 65C-28.011, F.A.C, Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements, to add requirements for records checks when a child is to be released to a parent and for ...
Commission for the Transportation Disadvantaged
- Departmental
  - The Commission proposes the development of a rule amendment to delete the reference to Section 216.349, F.S. that is currently in Rule 41-2.010(4)(c), F.A.C. and to update the language regarding selection of community transportation coordinator.
Department of Health
- Board of Optometry
  - The Board proposes the development of a rule amendment to update the licensure and examination requirements.
Department of Business and Professional Regulation
- Board of Employee Leasing Companies
  - The rule is updated to comply with statutory changes setting the delinquent license fee to $25.00.
Department of Education
- State Board of Education
  - To establish Achievement Level scale scores for the Florida Standards Alternate Assessment (FSAA)—Performance Task Access Civics and Access United States (U.S.) History End-of-Course (EOC) assessments and Achievement Level scores for the FSAA—...

2. Proposed Rules

Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - To adopt the elevator safety codes included in the 6th Edition Florida Building Code as approved by the Florida Building Code Commission.
    - Due of Comment: 10/30/2017
Department of Health
- Board of Optometry
  - The purpose of the rule amendment is to update the rule, including the incorporated application form.
    - Due of Comment: 10/30/2017
Department of Business and Professional Regulation
- Barbers' Board
  - For Rule 61G3-21.001, F.A.C., the Board proposes the rule amendment to provide new disciplinary guidelines for violations of statues that previously lacked disciplinary guidelines. For Rule 61G3-21.012, F.A.C., the Board proposes the rule amendment ...
    - Due of Comment: 10/30/2017

3. Notices of Changes, Corrections and Withdrawals

Department of Education
- Office of Early Learning
  - VPK Staff Development Plan for Providers on Probation

4. Petitions and Dispositions Regarding Rule Variance or Waiver

Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - On September 27, 2017 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Town Kitchen LLC located in ...
Florida Housing Finance Corporation
- Departmental
  - waiver from Woodland Park Redevelopment I, LLC requesting to waive Rule 67-48.002(95), F.A.C., to waive the 2016 Qualified Allocation Plan’s prohibition from returning its 2016 Housing Credit Allocation prior to the last quarter of 2018.
  - waiver from River Oaks Partners, Ltd. requesting to waive Rules 67-48.0072(17)(h) and 67-48.002(5), F.A.C., to waive the requirement requiring a general contract may not subcontract to an “affiliated” entity as defined in the Rules.
Department of Business and Professional Regulation
- Board of Accountancy
  - variance or waiver filed by Nancy Taylor Johnson, seeking a variance or waiver of Rule 61H1-28.0052(1)(b), Florida Administrative Code, that requires candidates to pass all four test sections of the CPA Examination within a rolling eighteen-month ...
Department of Environmental Protection
- Departmental
  - variance from Florida Governmental Utility Authority. The petition requested a temporary variance from Rule 62-610.462(3), F.A.C, which requires staffing by a Class C or higher operator 6 hours per day, 7 days per week. The Petitioner requested a ...
Department of Business and Professional Regulation
- Board of Accountancy
  - variance or waiver filed by Xing Lu. Petitioner is seeking a variance or waiver of Rule 61H1-27.001(5)(a), Florida Administrative Code, that provides that a graduate of a four-year degree granting institution not accredited at the time the applicant’...
Department of Law Enforcement
- Criminal Justice Standards and Training Commission
  - On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-35.0023, F.A.C., to Angelthon Huyke. Rule 11B-35.0023, F.A.C., permits the transfer of courses from one basic recruit ...
  - On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order denying a waiver of Rule 11B-35.006, F.A.C., to Angelthon Huyke. Rule 11B-35.006, F.A.C., declares that individuals who, within four years of ...
Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - On October 4, 2017, the Department received a request withdrawing the Petition for variance from Tampa Bay Watch, filed September 19, 2017, and advertised on September 26, 2017 in Vol. 43 No. 186, of the Florida Administrative Register. The ...
Department of Law Enforcement
- Criminal Justice Standards and Training Commission
  - On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.002(4), F.A.C., to Alexandria Ward. Rule 11B-27.002(4), F.A.C., gives individuals four years from the start of a ...
  - On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.002(4), F.A.C., to Louis Mallory II. Rule 11B-27.002(4), F.A.C., gives individuals four years from the start of a ...
Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - Regency Palms Condominiums Building 1 at 5111 Royal Palms Way, New Port Richey, FL. Petitioner seeks an emergency variance of the requirements of Rules 2.2.2.5, and 2.27.3.3, A.S.M.E. A17.1b, 2009 edition, as adopted by 61C-5.001(1), Florida ...
Department of Law Enforcement
- Criminal Justice Standards and Training Commission
  - On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.002(4), F.A.C., to Warren Canman. Rule 11B-27.002(4), F.A.C., gives individuals four years from the start of a ...

5. Notices of Meetings, Workshops and Public Hearings

Department of Agriculture and Consumer Services
- Departmental
  - The FAITC Board of Directors will meet for a regularly scheduled board meeting.; November 9, 2017, 10 a.m.; Florida Fertilizer and Agrichemical Association, 605 East Main Street, Bartow, FL 33830
    - Hearing Meeting: Florida Fertilizer and Agrichemical Association, 605 East Main Street, Bartow, FL 33830
Commission on Ethics
- Departmental
  - Regular Commission Meeting. The agenda for this meeting includes agenda items (including proposed rule amendments for which a notice was published on August 10, 2017) that were previously scheduled for public hearing at the Commission's September 8, ...
    - Hearing Meeting: First District Court of Appeal, 3rd Floor Courtroom 2000 Drayton Drive, Tallahassee, FL
Department of Environmental Protection
- Departmental
  - A draft Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan has been prepared by the Florida Coastal Office. The draft plan is available for viewing or download at http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/loxahatchee-...
    - Hearing Meeting: Jonathan Dickinson State Park, Elsa Kimbell Environmental Education and Research Center, 16450 S.E. Federal Highway, Hobe Sound, FL 33455
  - The Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan Advisory Committee will meet to discuss possible revisions to the draft Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan and comments received at the public ...
    - Hearing Meeting: Jonathan Dickinson State Park, Elsa Kimbell Environmental Education and Research Center, 16450 S.E. Federal Highway, Hobe Sound, FL 33455
Department of Highway Safety and Motor Vehicles
- Departmental
  - The Motorist Modernization Advisory Board is meeting to receive an update on Phase 1 of the Motorist Modernization Program. System functionality and requirements will also be presented to the group for consideration and input. AGENDA • Roll Call ...
    - Hearing Meeting: Neil Kirkman Building, Conference Room B-202 2900 Apalachee Parkway, Tallahassee Florida 32399
Regional Planning Councils
- West Florida Regional Planning Council
  - General business of the West Florida Regional Planning Council.; Monday, Oct. 16, 2017, at 3:30 p.m.; Okaloosa County Administration Building, Training Room, 1250 Eglin Pkwy, Shalimar, Fla.
    - Hearing Meeting: Okaloosa County Administration Building, Training Room, 1250 Eglin Pkwy, Shalimar, Fla.
Department of Business and Professional Regulation
- Board of Accountancy
  - The Education Advisory Committee to consider items relating to the education requirements to sit for the CPA examination.; November 28, 2017 at 10:30 a.m.; Conference call dial-in number: 1-888-670-3525, conference pass code is 5652080150
    - Hearing Meeting: Conference call dial-in number: 1-888-670-3525, conference pass code is 5652080150
Department of Environmental Protection
- Division of Recreation and Parks
  - An opportunity for the public to provide input on the ten-year management plan update for Stephen Foster Folk Culture Center State Park.; Tuesday, October 24, 2017, 5:30-7:30 p.m. Presentation at 6:00 p.m. MEETING HAS BEEN RESCHEDULED (Previously ...
    - Hearing Meeting: Stephen Foster Folk Culture Center State Park – Park Auditorium, 11016 Lillian Saunders Drive, White Springs, FL 32096
Other Agencies and Organizations
- ATKINS - Bartow
  - work program; October 16; online
    - Hearing Meeting: online
Department of Environmental Protection
- Division of Recreation and Parks
  - Discussion of the proposed unit management plan update for Stephen Foster Folk Culture Center State Park with the advisory group members.; Wednesday, October 25, 2017, 9:00 a.m. MEETING HAS BEEN RESCHEDULED (Previously Scheduled for October 11, ...
    - Hearing Meeting: Stephen Foster Folk Culture Center State Park – Park Auditorium, 11016 Lillian Saunders Drive, White Springs, FL 32096
Department of Education
- State Board of Education
  - Community Rehabilitation Program Contracts and Referrals; October 19, 2017, 2:00 p.m.; Telephone Number: 1-888-670-3525, Participant Passcode: 1242528392#
    - Hearing Meeting: Telephone Number: 1-888-670-3525, Participant Passcode: 1242528392#
Department of Agriculture and Consumer Services
- Division of Consumer Services
  - General meeting of the Florida Motor Vehicle Repair Advisory Council.; Thursday, October 19, 2017, 1:30 p.m.; Call-in number: 1(888) 670-3525, participant code: 4220265671
    - Hearing Meeting: Call-in number: 1(888) 670-3525, participant code: 4220265671
Public Service Commission
- Departmental
  - Docket No. 20170183-EI - Application for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate adjustments, by Duke Energy Florida, LLC. Docket No. 20100437-EI - Examination of the outage and ...
    - Hearing Meeting: Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
Department of Agriculture and Consumer Services
- Division of Aquaculture
  - Issues affecting the growth of aquaculture in the state of Florida.; November 1, 2017, Wednesday at 9:00 a.m.; FL Department of Agriculture and Consumer Services 170 Century Blvd., Bartow, FL 33830 (863) 578-1870 NOTE: This meeting is also ...
    - Hearing Meeting: FL Department of Agriculture and Consumer Services 170 Century Blvd., Bartow, FL 33830 (863) 578-1870 NOTE: This meeting is also accessible through teleconference by dialing: (888) 670-3525, use passcode 4457172323#
Regional Planning Councils
- South Florida Regional Planning Council
  - Joint Council Meeting to discuss various issues of regional importance.; Friday, October 20, 2017, 9:30 a.m.; City of West Palm Beach Flagler Gallery Room 401 Clematis Street West Palm Beach, Florida 33401
    - Hearing Meeting: City of West Palm Beach Flagler Gallery Room 401 Clematis Street West Palm Beach, Florida 33401
Department of Health
- Board of Pharmacy
  - Probable Cause Panel with Reconsiderations; October 19, 2017 at 9:00 a.m. EST; (888) 670-3525 when prompted, enter conference code 5134896685#
    - Hearing Meeting: (888) 670-3525 when prompted, enter conference code 5134896685#
Other Agencies and Organizations
- Moffitt Cancer Center & Research Institute
  - Medical Marijuana Research & Education Board Meeting; Monday, October 30, 2017; 10:30 a.m. - 2:30 p.m. Eastern; Embassy Suites by Hilton, Bayside Ballroom, 513 S. Florida Avenue, Tampa, FL 33602
    - Hearing Meeting: Embassy Suites by Hilton, Bayside Ballroom, 513 S. Florida Avenue, Tampa, FL 33602
- Infinite Source Communications Group, LLC
  - The Florida Department of Transportation (FDOT), District Four will be hosting a Public Hearing for the reconstruction of SR 76 (Kanner Highway) from south of CR 711 (Pratt Whitney Road) to SW Jack James Drive in Martin County. The purpose of this ...
    - Hearing Meeting: Robert Morgade Library, Anderson Community Room, 5851 SE Community Drive, Stuart, Florida 34997. In the event that the Public Hearing cannot be held on Wednesday, October 18, 2017 due to severe weather or unforeseen conditions, it will be held on the alternate date of Wednesday, October 25, 2017 at the same time and place.
Department of Children and Families
- Departmental
  - ongoing Charlotte County Alliance business. Please note the date change FROM 10/19/17 TO 10/12/17.; Thursday, October 12, 2017 at 9:00 a.m.; Charlotte Behavioral Health, 1700 Education Ave., Conference Room # 1, Punta Gorda, FL 33950
    - Hearing Meeting: Charlotte Behavioral Health, 1700 Education Ave., Conference Room # 1, Punta Gorda, FL 33950
  - ongoing Lee County Alliance business.; Friday, October 27, 2017 @ 8:30 a.m.; Joseph D'Alessandro Building/DCF, 2295 Victoria Ave., room #307, Ft Myers, FL 33901
    - Hearing Meeting: Joseph D'Alessandro Building/DCF, 2295 Victoria Ave., room #307, Ft Myers, FL 33901
Department of Highway Safety and Motor Vehicles
- Division of Driver Licenses
  - This is a meeting of the Governor and Cabinet, at which the Executive Director of the DHSMV will request approval to file a Notice of Proposed Rulemaking regarding Rule 15A-5, F.A.C., Medical Advisory Board Guidelines. In addition, the Executive ...
    - Hearing Meeting: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

Department of Business and Professional Regulation
- Departmental
  - Hector Duran on September 22, 2017.; Petitioner asks for the Department’s interpretation as to whether or not proposed actions of a business which would provide entertainment booking services as described in the Petition meet the definition of a ...

7. Notices Regarding Bids, Proposals and Purchasing

Department of Education
- New College of Florida
  - Department of Education, New College of Florida
  - Department of Education, New College of Florida
Florida Housing Finance Corporation
- Departmental

8. Miscellaneous

Agency for Health Care Administration
- Certificate of Need
  - Agency for Health Care Administration, Certificate of Need
Department of Environmental Protection
- Departmental
  - Department of Environmental Protection, Departmental
Other Agencies and Organizations
- CITY OF TAMPA
  - Other Agencies and Organizations, CITY OF TAMPA
Agency for Health Care Administration
- Certificate of Need
  - Agency for Health Care Administration, Certificate of Need
Other Agencies and Organizations
- Manatee County Attorney's Office
  - Other Agencies and Organizations, Manatee County Attorney's Office
Department of State
- Departmental
  - Department of State, Departmental

Vol. 43, No. 195 (10/09/2017)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

2. Proposed Rules

3. Notices of Changes, Corrections and Withdrawals

4. Petitions and Dispositions Regarding Rule Variance or Waiver

5. Notices of Meetings, Workshops and Public Hearings

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

7. Notices Regarding Bids, Proposals and Purchasing

8. Miscellaneous

Classification