Vol. 47, No. 226 (11/22/2021), Florida Administrative Register

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Vol. 47, No. 226 (11/22/2021)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

Department of Education
- State Board of Education
  - To adopt an updated “Florida VAM Course List,” which is the publication that lists the courses a teacher can teach to receive a value-added model (VAM) score. The effect of this change is to align the “Florida VAM Course ....
Department of Health
- Board of Massage Therapy

2. Proposed Rules

Department of Management Services
- Division of Administrative Hearings
  - Clarify reference "efiling" and adopt standard for "verified" by reference.
    - Due of Comment: 12/13/2021
  - Clarifies the process for Requests for Assignment of Case Numbers
    - Due of Comment: 12/13/2021
  - Clarifies change of address for parties and counsel, and amendment for company names.
    - Due of Comment: 12/13/2021
  - Clarifies electronic service process and requirement
    - Due of Comment: 12/13/2021
  - Clarifies the terms "continue" and "reschedule," and clarifies the filing of a mediation report in the event of a private mediation.
    - Due of Comment: 12/13/2021
  - Provides clarity on the process for mediator disqualification or recusal.
    - Due of Comment: 12/13/2021
  - Refines and clarifies pleading of affirmative defenses
    - Due of Comment: 12/13/2021
  - Provides clarity regarding a party desiring an evidentiary hearing.
    - Due of Comment: 12/13/2021
  - Clarifies that any party may ask for a live proceeding rather than video.
    - Due of Comment: 12/13/2021
  - Clarifies that the standard for summary final order is that used by Florida courts for summary judgement
    - Due of Comment: 12/13/2021
  - Removes requirement for judicial inquiry into "costs" regarding settlements.
    - Due of Comment: 12/13/2021
  - Clarifies the sanction process in keeping with District Court holdings. Delineates grounds in paragraph (1), but removes paragraph (2). The rule adds reference to section 440.32.
    - Due of Comment: 12/13/2021
  - Provides clarity to the public regarding how OJCC process will work in emergency situations.
    - Due of Comment: 12/13/2021
Department of Legal Affairs
- Division of Victim Services and Criminal Justice Programs
  - The proposed rule amendment will update the schedule of benefits.
    - Due of Comment: 12/13/2021
Department of Management Services
- Division of Administrative Hearings
  - Clarifies incorporation to new Supreme Court rules of General Practice
    - Due of Comment: 12/13/2021

3. Notices of Changes, Corrections and Withdrawals

State Board of Administration
- Florida Prepaid College Board
  - Maximum Account Balance Limit
  - Unclaimed Refunds
Department of Health
- Division of Disease Control
  - Protocols for Controlling COVID-19 in School Settings

4. Petitions and Dispositions Regarding Rule Variance or Waiver

Department of Health
- Board of Pharmacy
  - that the Petition for Variance or Waiver received on September 30, 2021, from Martin R. Dix, Esquire, on behalf of Integrated Medical Supplies, LLC, seeking a variance or waiver of Rule 64B16-28.802(6)(b), Florida Administrative ....
Department of Financial Services
- Division of Funeral, Cemetery, and Consumer Services
  - waiver of certain requirements of Rule 69K-18.004(3), FAC. The petitions were filed on behalf of Taylor & Modeen Funeral Home, Inc., which is acquiring a funeral establishment that is currently a training agency. Taylor ....
Florida Housing Finance Corporation
- Departmental
  - waiver of Rule 67-21.003(8)(g) from Praxis Venture, LP, to allow a change in Development Type from Garden Apartments to "Mid-Rise 4-stories".
  - waiver of Rule 67-48.0072(4)(c) and (21)(b) from Miami Beach Housing Initiatives, Inc. for an extension of the deadline for issuance of the firm loan commitment from January 9, 2022 to July 9, 2022.
Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - On November 5, 2021 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), 2017 FDA Food Code from ELOTES ....
Florida Housing Finance Corporation
- Departmental
  - waiver of Rule 67-48.002(96) FAC (7/11/19) and the 2019 QAP and for Board Approval Pursuant to Rule 67-48.004(3)(b), FAC (7/11/19) from Valor Preserve, LLLP to permit the requested credit exchange, immediate return of Petitioner's ....

5. Notices of Meetings, Workshops and Public Hearings

Department of Agriculture and Consumer Services
- Division of Plant Industry
  - Review of last year's annual report; Update on nursery inspections; Introduction fees discussion; Voting on new variety introduction; Chiefland .... Wednesday, December 1, 2021, 9:30 a.m. to 12:00 p.m. FDACS Pest Eradication & ...
Department of Business and Professional Regulation
- Florida Building Commission
  - The Florida Building Commission will review and decide on Accessibility Waiver Applications and review, take up, and consider other matters .... December 14, 2021, 8:30 a.m. If necessary to complete all business .... Hilton ...
Department of Corrections
- Departmental
  - The agenda for the meeting is as follows: 1. Public hearing commencement 2. Opening remarks and administrative matters 3. Overview of proposed .... December 7, 2021, 1:00 PM lasting no later than 5:00 PM GoToWebinar platform

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

Agency for Health Care Administration
- Medicaid
  - POSITIVE BEHAVIOR SUPPORT, vs. AGENCY FOR HEALTH CARE ADMINISTRATION,; Case No.: 21-002714; Rule No.: 59G-4.132; Petition