Vol. 43, No. 213 (11/02/2017)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Florida Commission on Offender Review
  • Departmental
    • The purpose of the revision is to update the definition of "prior criminal record" used in current operations and in salient factor score calculations. The effect will be to simplify and make the related rules easier to understand.
    • The purpose is to update the effective parole release date procedure to reflect current operations. The effect will be to clarify the rule and make it easier to understand.
• Department of Revenue
  • Departmental
    • The purpose of the proposed amendment to Rule 12-18.008, F.A.C., is to remove the requirement for vending machine operators to post a specified notice on vending machines, as provided in Section 24 of Chapter 2017-36, L.O.F.
    • The purpose of the proposed amendments to Rule 12-21.003, F.A.C., is to bring the rule into compliance with Section 213.67, F.S.
    • The purpose of the proposed amendments to Rule 12-26.003, F.A.C., is to: (1) remove obsolete provisions for obtaining a refund of tax paid prior to July 1, 1999; (2) update information on how to submit an application for refund to the Department; (3)...
  • Sales and Use Tax
    • The purpose of the proposed amendments to Rule 12A-1.007, F.A.C., is to: (1) correct the title provided for Form DR-123, Affidavit for Partial Exemption of Motor Vehicle Sold to a Resident of Another State for Licensing Outside Florida, incorporated ...
    • The purpose of the creation of the proposed Rule 12A-1.108, F.A.C., is to: (1) provide guidance regarding the exemption for purchases of data center property in Section 212.08(5)(s), F.S., which became effective July 1, 2017, provided by Section 26, ...
    • The purpose of the proposed amendment to Rule 12A-16.008, F.A.C., is to adopt, by reference, changes to a form that currently provides guidance to taxpayers that file Solid Waste and Surcharge Returns. Changes to the form bring it into compliance ...
  • Miscellaneous Tax
    • The purpose of the proposed amendments to Rule 12B-7.030, F.A.C., is to implement statutory changes made by Chapter 2015-141, L.O.F., which provided that the water treatment plant upgrade fee imposed by Section 373.41492, F.S., expires effective ...
• Department of Children and Families
  • Family Safety and Preservation Program
    • The Department intends to amend form CF-FSP 5327 which is incorporated by reference into the rule.
• Department of Education
  • State Board of Education
    • To update the language of this rule to reflect changes arising from the passage of HB 7069 making the use of VAM optional in educator evaluations.
    • To update the criteria; implementation procedures; format and reporting requirements; and monitoring processes for the annual evaluation of instructional personnel and school administrators.

2. Proposed Rules

• Department of Health
  • Board of Hearing Aid Specialists
    • The Board proposes the rule amendment to update language regarding the time period for taking the licensure examination after completion of the training program.
      • Due of Comment: 11/23/2017
  • Board of Chiropractic Medicine
    • The purpose of the amendment is to revise the number of hours of CE credit a licensee receives for serving as an examiner/grader of the NBCE examination.
      • Due of Comment: 11/23/2017
• Water Management Districts
  • Southwest Florida Water Management District
    • The purpose of this rulemaking is to adopt revised minimum and guidance levels for Deer Lake located in Hillsborough County. The effect of the rule is to support the District’s water supply planning, water use permitting, and environmental resource ...
      • Due of Comment: 11/23/2017
    • The purpose of this rulemaking is to adopt revised minimum and guidance levels for Saddleback Lake located in Hillsborough County. The effect of the rule is to support the District’s water supply planning, water use permitting, and environmental ...
      • Due of Comment: 11/23/2017
    • The purpose of this rulemaking is to adopt revised minimum and guidance levels for Round Lake located in Hillsborough County. The effect of the rule is to support the District’s water supply planning, water use permitting, and environmental ...
      • Due of Comment: 11/23/2017
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • The Agency is proposing to repeal a rule related to home health agency licensure requirements and procedures.
      • Due of Comment: 11/23/2017

3. Petitions and Dispositions Regarding Rule Variance or Waiver

• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • an Amended for Variance from Rule 59AER17-1, F.A.C., from Chipola Health and Rehabilitation Center. The Petition has been assigned Agency case number 2017012888. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to ...
    • an Amended for Variance from Rule 59AER17-1, F.A.C., from Oaks of Kissimmee Health and Rehabilitation Center. The Petition has been assigned Agency case number 2017012884. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a ...
    • Variance from Rule 59AER17-1, F.A.C., from Zephyr Haven Health & Rehab Center, Inc. The Petition has been assigned Agency case number 2017013055. 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 Woodbridge Facility, Inc., d/b/a Woodbridge Care Center. The Petition has been assigned Agency case number 2017013056. 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 Wesley Manor, Inc. d/b/a Westminster Woods on Julington Creek. The Petition has been assigned Agency case number 2017013047. 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 The Bristol at Tampa Rehabilitation and Nursing Center LLC, d/b/a The Bristol at Tampa Rehabilitation and Nursing Center. The Petition has been assigned Agency case number 2017013048. The Petition seeks a ...
    • Variance from Rule 59AER17-1, F.A.C., from Presbyterian Retirement Communities, Inc. d/b/a Westminster Winter Park. The Petition has been assigned Agency case number 2017013045. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a ...
    • Waiver from Rule 59AER17-1, F.A.C., from Sunrise Health & Rehabilitation Center. The Petition has been assigned Agency case number 2017013046. The Petition seeks a waiver from Rule 59AER17-1 F.A.C. requesting a waiver as to the time for the ...
• Department of Health
  • Board of Optometry
    • variance or waiver filed by Ami Demebie Dechavez Casis from Rule 64B13-4.001(2), F.A.C., which states that an applicant for licensure must achieve a passing score on all four parts of the licensure examination including an overall passing score on ...
    • Department of Health, Board of Optometry
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • On October 25, 2017 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 Wai Lau located in Tampa. ...
• Department of Health
  • Board of Massage Therapy
    • Jie Hie Prater, seeking a variance or waiver regarding proof of graduation. Comments on this petition should be filed with the Board of Massage Therapy, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3258, within 14 days of publication ...
• Department of Business and Professional Regulation
  • Board of Veterinary Medicine
    • notice that the Petition for Variance or Waiver, filed on July 27, 2017, by Brian Young, DVM was withdrawn at the September 16, 2017 board meeting. The Notice of Petition for Waiver or Variance was published in Vol. 43, No. 160, of the August 17, ...
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Variance from Rule 59AER17-1, F.A.C., from First Florida Living Options, LLC, d/b/a Hawthorne Health and Rehab of Ocala. The Petition has been assigned Agency case number 2017013123. The Petition seeks a variance from Rule 59AER17-1 F.A.C. ...
    • Variance from Rule 59AER17-1, F.A.C., from The Mayflower Health Center. The Petition has been assigned Agency case number 2017012226. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the ...
    • an Amended for Variance or Waiver from Rule 59AER17-1, F.A.C., from South Tampa Health and Rehab. The Petition has been assigned Agency case number 2017012970. The Petition seeks a variance or waiver from Rule 59AER17-1 F.A.C. requesting a variance ...
    • Second Amended for Variance from Rule 59AER17-1, F.A.C., from Darcy Hall of Life Care. The Petition has been assigned Agency case number 2017012414. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for ...
    • an Amended for Variance from Rule 59AER17-1, F.A.C., from Palm Garden of Vero Beach LLC, d/b/a Palm Garden of Vero Beach. The Petition has been assigned Agency case number 2017012652. The Petition seeks a variance from Rule 59AER17-1 F.A.C. ...
    • Variance from Rule 59AER17-1, F.A.C., from Advanced Facility, Inc., d/b/a Advanced Care Center. The Petition has been assigned Agency case number 2017013068. 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 Bayside Facility, Inc., d/b/a Bayside Care Center. The Petition has been assigned Agency case number 2017013065. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time ...
    • Variance from Rule 59AER17-1, F.A.C., from East Orlando Health & Rehab Center, Inc. The Petition has been assigned Agency case number 2017013063. 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 FLNC, Inc. d/b/a Florida Living Nursing Center. The Petition has been assigned Agency case number 2017013061. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time ...
    • Variance from Rule 59AER17-1, F.A.C., from Kingseal, LLC d/b/a Desoto Health and Rehabilitation. The Petition has been assigned Agency case number 2017013060. 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 MK of Fernandina Beach LLC d/b/a Quality Health of Fernandina Beach. The Petition has been assigned Agency case number 2017013074. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a ...
    • Variance from Rule 59AER17-1, F.A.C., from Pinnacle Health Facilities XXIV, LP, d/b/a St. Andrews Bay Skilled Nursing & Rehab Center. The Petition has been assigned Agency case number 2017013057. The Petition seeks a variance from Rule 59AER17-1 F.A....
    • Variance from Rule 59AER17-1, F.A.C., from Presbyterian Retirement Communities, Inc. d/b/a Westminster Communities of Bradenton Westminster Manor. The Petition has been assigned Agency case number 2017013039. The Petition seeks a variance from Rule ...

4. Notices of Meetings, Workshops and Public Hearings

• Other Agencies and Organizations
  • MRGMiami
    • The FDOT, District Four, will be hosting an Alternatives Public Workshop for the SR-9/I-95 at SR 842/Broward Boulevard Interchange Project Development & Environment (PD&E) Study. The Alternatives Public Workshop will begin as an informal open house ...
      • Hearing Meeting: Reverend Samuel Delevoe Memorial Park, 2520 NW 6 Street, Fort Lauderdale, FL 33311
• Department of Law Enforcement
  • Departmental
    • The committee or subcommittee will discuss ideas for standards development for their respective topics.; Emerging Technology Committee Meeting November 7, 2017 at 10:00 a.m.; Conference Call
      • Hearing Meeting: Conference Call
• Department of Highway Safety and Motor Vehicles
  • Departmental
    • The Motorist Modernization Advisory Board is meeting to receive an update on Phase I of the Motorist Modernization Program. System functionality and requirements will also be presented to the group for consideration and input. AGENDA • Roll ...
      • Hearing Meeting: Neil Kirkman Building, Conference Room A339
• Department of Children and Families
  • Departmental
    • The Department of Children and Families, Circuit 2 Community Alliance provides a forum for providers and the Community to identify needs and gaps in services in order to improve the lives of children and families in the Big Bend area which covers ...
      • Hearing Meeting: Human Services Building, Community Room, 1000 W. Tharpe Street, Tallahassee, FL 32303
    • The Department of Children and Families, Circuit 14 Community Alliance provides a forum for providers and the Community to identify needs and gaps in services in order to improve the lives of children and families in the Big Bend area which covers ...
      • Hearing Meeting: Department of Children & Families, 2505 W. 15th Street, Conference Rm# 23, Panama City, Florida 32401
• Regional Planning Councils
  • South Florida Regional Planning Council
    • Any Generally Consistent Comprehensive Plan Amendment Review received prior to the meeting; Any Generally Inconsistent Comprehensive Plan Amendment Review received prior to the meeting; General Council Business.; Monday, November 27, 2017, 10:30 a.m....
      • Hearing Meeting: South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, FL 33021
• Department of Highway Safety and Motor Vehicles
  • Departmental
    • The Motorist Modernization Advisory Board is meeting to receive an overview of Phase II of the Motorist Modernization Program. System recommendations will also be presented to the group for consideration and input. AGENDA • Roll Call • ...
      • Hearing Meeting: Neil Kirkman Building, Conference Room B-201 2900 Apalachee Parkway, Tallahassee Florida 32399
• Department of Children and Families
  • Departmental
    • Ongoing Hillsborough county Alliance business.; November 14, 2017, 9:00 a.m.; 1002 E. Palm Avenue, Tampa, FL
      • Hearing Meeting: 1002 E. Palm Avenue, Tampa, FL
• Other Agencies and Organizations
  • Infinite Source Communications Group, LLC
    • The Florida Department of Transportation (FDOT) District Six will hold a public hearing for two roadway projects along State Road (SR) 976/SW 40 Street/Bird Road from SW 117 Avenue to SW 102 Avenue, in Miami-Dade County. The project identification ...
      • Hearing Meeting: Miami Temple Seventh-day Adventist Church, Fellowship 9175 SW 44 Street Miami, FL 33156
• Department of Business and Professional Regulation
  • Building Code Administrators and Inspectors Board
    • Committee meetings, probable cause panel (portions of which may be closed to the public), general board business.; December 6, 7, and 8, 2017, 9:00 a.m.; Hilton Sandestin Beach Golf Resort & Spa 4000 Sandestin Boulevard South Miramar Beach, ...
      • Hearing Meeting: Hilton Sandestin Beach Golf Resort & Spa 4000 Sandestin Boulevard South Miramar Beach, Florida 32550 Telephone number 850.267.9500

5. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Business and Professional Regulation
  • Florida Building Commission
    • Aquatic Design Services, LLC.; Petitioner seeks clarification about whether the dimensions of the grout line may be considered when determining whether tiles that it intends to install in a commercial pool project comply with minimum tile size ...
• Department of Health
  • Board of Nursing
    • Daniel Sforza; The Notice of Petition for Declaratory Statement was published in Volume 43, No. 167, of the August 28, 2017 Florida Administrative Register. Petitioner asks whether it is within the scope of practice of a registered nurse, educated ...
  • Board of Medicine
    • Rachelle Baker, RD, LDN, CNSC.; The Petition dated October 13, 2017, request that the Council provide a declaratory statement to state that 468.503(5) would include the placement of a nasogastric feeding tube by a Dietitian who has been trained and ...
    • Eleni Begetis, MS, RDN, LDN.; The Petition dated October 13, 2017, request that the Council provide a declaratory statement to state that 468.503(5) would include the placement of a nasogastric feeding tube by a Dietitian who has been trained and ...
    • Janet Carman, MS, RD, LDN.; The Petition dated October 13, 2017, request that the Council provide a declaratory statement to state that 468.503(5) would include the placement of a nasogastric feeding tube by a Dietitian who has been trained and ...
    • Tristan Soyka, RD, LD.; The Petition dated October 13, 2017, request that the Council provide a declaratory statement to state that 468.503(5) would include the placement of a nasogastric feeding tube by a Dietitian who has been trained and ...

6. Notices Regarding Bids, Proposals and Purchasing

• Regional Planning Councils
  • North Central Florida Regional Planning Council
    • Regional Planning Councils, North Central Florida Regional Planning Council

7. Miscellaneous

• Department of State
  • Departmental
    • Department of State, Departmental