To repeal this rule section.

DEPARTMENT OF HEALTH

Division of Health Access and Tobacco

RULE NO.:RULE TITLE:

64I-1.005Transitional Living Facility (TLF) Services

PURPOSE AND EFFECT: To repeal this rule section.

SUMMARY: Repeal Rule 64J-1.005, F.A.C., regarding transitional living facility services, which was declared invalid in Division of Administrative Hearings (DOAH) case number 2012-3463, styled “Florida Institute for Neurologic Rehabilitation v. Department of Health.”

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.  A SERC has not been prepared by the agency.  The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist and the information analyzed in preparing that checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s. 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 381.0011, 400.805 FS.

LAW IMPLEMENTED: 381.75, 400.805 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Cherry, Section Administrator, Bureau of Emergency Management Oversight, 4052 Bald Cypress Way, Bin C-25, Tallahassee, FL 32399; [phone], Ext.2684; [e-mail]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64I-1.005 Transitional Living Facility (TLF) Services.

Rulemaking Authority 381.0011, 400.805 FS. Law Implemented 381.75, 400.805 FS. History–New 6-1-11, Repealed            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Cherry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH,

State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 3, 2016