Vol. 38, No. 94 (12/19/2012)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Health
  • Board of Dentistry
    • The board proposes to create a new rule to address the direct supervision of a qualified anesthetist.
• Department of Corrections
  • Departmental
    • The purpose of the proposed rule is to define what constitutes a service animal, to explain the check in procedures involved with the a service animal, to explain what types of searches can be conducted on a service animal, to explain what conduct ...
• Department of Health
  • Board of Dentistry
    • The board proposes to create a new rule to address Itinerate/Mobile Anesthesia - General Anesthesia Permit Holders.
• Department of Business and Professional Regulation
  • Electrical Contractors' Licensing Board
    • : The Board proposes the rule amendment to add the requirement that one (1) of the 14 required classroom hours of continuing education shall be in the area of the laws and rules related to electrical and alarm contracting in the State of Florida.
• Department of Health
  • Board of Dentistry
    • The board proposes to create a new rule to address the treatment of sedated patients by dentists without an anesthesia permit.
    • The board proposes this rule amendment to address limited pro-bono screenings, examinations and treatments.

2. Proposed Rules

• Department of Management Services
  • Commission on Human Relations
    • The proposed rule amendment seeks to delete unnecessary information from rule Title 60Y and clarify other phrases within the rule because it is not necessary to name a particular person as the Clerk of the Commission. The effect will be to ...
      • Due of Comment: 1/9/2013
    • The proposed rule amendment seeks to clarify that the Florida Commission on Human Relations does not require an aggrieved person under the Florida Fair Housing Act to file a complaint. The effect will be to make it clear that the act of filing a ...
      • Due of Comment: 1/9/2013
• Department of Economic Opportunity
  • Division of Workforce Services
    • The amendment set forth in this Notice of Proposed Rule will transfer the Work Registration Requirements from Rule 73B-11.013 to 73B-11.015.
      • Due of Comment: 1/9/2013
• Department of Education
  • Florida School for the Deaf and the Blind
    • PURPOSE AND EFFECT: The purpose of this rule is to establish the requirements for admission and continued enrollment in the Florida School for the Deaf and the Blind.
      • Due of Comment: 1/9/2013
• Department of Health
  • Board of Dentistry
    • The Board proposes this rule amendment to relocate the provision on dentists treating patients who have been administered anesthesia by a physician anesthesiologist in the dental outpatient facility.
      • Due of Comment: 1/9/2013
• Water Management Districts
  • Southwest Florida Water Management District
    • The purpose is to amend Rule 40D-8.624 F.A.C., to delete the previously adopted guidance levels, add new guidance and minimum levels for Lakes Bonable, Tiger, and Little Bonable in Marion County.
      • Due of Comment: 1/9/2013
• Department of Business and Professional Regulation
  • Division of Alcoholic Beverages and Tobacco
    • The purpose and effect of the proposed rule amendment is to update and promulgate application forms to be submitted for new licensure, transfer of ownership of a license, change of business name or mailing address of a license and request to ...
      • Due of Comment: 1/9/2013
    • The purpose and effect of the proposed rules amendment is to repeal a rule that is duplicative, unnecessarily burdensome, or no longer necessary.
      • Due of Comment: 1/9/2013
    • To amend Rule 61A-3.035, F.A.C., consolidating other rules that pertain to the delinquent list. It has been determined Rules 61A-3.033 and 61A-4.003, F.A.C. contains material that is more appropriately found in rule 61A-3.035. F.A.C. As such, the ...
      • Due of Comment: 1/9/2013
• Department of Health
  • Board of Pharmacy
    • The Board proposes the rule amendment pursuant to legislative changes.
      • Due of Comment: 1/9/2013
• Department of Transportation
  • Departmental
    • The proposed rule amendment will repeal 14-88.003, F.A.C.
      • Due of Comment: 1/9/2013
  • Commercial Motor Vehicle Review Board
    • The amendments to this rule are being made to clarify language and update the legal authorities cited.
      • Due of Comment: 1/9/2013

3. Notices of Changes, Corrections and Withdrawals

• Department of Children and Families
  • Agency for Persons with Disabilities
    • Definitions, General Provisions, Transition of Individuals to iBudget Florida, iBudget Cost Plan Development and Approval, Cost Plan Changes, Cost Plan Funding and Review
• Department of Business and Professional Regulation
  • Board of Employee Leasing Companies
    • Quarterly Reporting Regarding Working Capital Requirements

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Health
  • Division of Environmental Health
    • that on December 12, 2012, pursuant to Section 120.542, F.S., the Bureau of Radiation Control has issued an order. The Order grants a variance from subparagraph 64E-5.502(1)(a)6., F.A.C., for the Polk County Sheriff’s Office. The petition for a ...
    • that on December 12, 2012, pursuant to Section 120.542, F.S., the Bureau of Radiation Control has issued an order. The Order grants a variance from subparagraph 64E-5.502(1)(a)6., F.A.C., for the Marion County Sheriff’s Office. The petition for a ...
    • that on December 12, 2012, pursuant to Section 120.542, F.S., the Bureau of Radiation Control has issued an order. The Order grants a variance from subparagraph 64E-5.502(1)(a)6., F.A.C., for the Alachua County Sheriff’s Office. The petition for a ...
  • Board of Medicine
    • waiver or variance filed by Mayra Lopez-Muniz, M.D., from Rules 64B8-1.007 and 64B8-4.009, F.A.C., with regard to the requirement for submission of the AMA Physician Profile. Comments on this petition should be filed with the Board of Medicine, ...
• Department of Law Enforcement
  • Criminal Justice Standards and Training Commission
    • a permanent waiver of Rule 11B-35.001(13), F.A.C., from Florida Public Safety Institute, on behalf of a Correctional recruit. Rule 11B-35.001(13), F.A.C., requires officers to have no more than one re-take for the examinations given at the end of ...
    • a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Florida Public Safety Institute, on behalf of Delwyn Hall. Rule 11B-35.001(9)(b), F.A.C., requires students in General Instructor Techniques course to pass with a score of 85%. An audit of ...
    • a permanent waiver of Rule 11B-35.001(13), F.A.C., from Florida Public Safety Institute on behalf of Correctional recruit Joshua E. Bridges. Rule 11B-35.001(13), F.A.C., requires officers to have no more than one re-take for the examinations given ...
    • a permanent waiver of Rule 11B-35.001(9)(b), F.A.C., from Southwest Florida Public Service Academy (SFPSA), on behalf of Trooper Dewayne Cooper and Deputy Angelo Vaughn, both of whom took Florida General Instructor Techniques course at the SFPSA. ...
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • On December 17, 2012, the Department issued a Final Order that was in response to a Petition for Variance from Lorio & Associates/McClurg Bldg, filed November 19, 2012, and advertised on November 21, 2012 in Vol. 38, No.76, of the Florida ...
    • On December 17, 2012 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from St. Petersburg Kennel Club-Plaza Building, filed November 28, 2012, and advertised in Vol. 38, No. 82, of the Florida ...
    • Kalmia Condominium No 5 Association, Inc. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code ...
    • Fair Havens Village. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the ...
    • La Coquille Villa. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the ...
    • Union 700 Inc. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the ...
    • Celebration Health Medical Office Building at 400 Celebration Place, Kissimmee, FL. Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.20.1, 2.20.9 and 2.24.2 as adopted by Chapter 30, Section 3001.2 Florida Building Code ...
    • Dr. Phillips Center for the Performing Arts (DPAC), 445 S. Magnolia Ave., Orlando, FL. Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.20.1, 2.20.9 and 2.24.2 as adopted by Chapter 30, Section 3001.2 Florida Building Code ...

5. Notices of Meetings, Workshops and Public Hearings

• Water Management Districts
  • St. Johns River Water Management District
    • The Projects and Land Committee will discuss agenda items, followed by committee recommendations to be approved by the full Governing Board. NOTE: In the event a quorum of the Committee is not available for the business meeting at the date, time and ...
      • Hearing Meeting: St. Johns River Water Management District's Apopka Field Office, 25633 C.R. 448-A, Mount Dora, FL 32757. The location of the site visit may be changed due to inclement weather or other unforeseen circumstances. Notice of such change will be available by contacting: St. Johns River Water Management District, Attention: Heather Barnes, 4049 Reid Street, Palatka, FL 32177, via email at hbarnes@sjrwmd.com or by phone at (386)329-4347 or (386)937-9717. DATE AND TIME: Monday, January 7, 2013, 5 p.m., Projects and Land business meeting. PLACE: St. Johns River Water Management District Headquarters, 4049 Reid St. (Hwy. 100 West), Palatka, FL 32177.
    • Discussion and consideration of District business including regulatory and non-regulatory matters. Staff may recommend approval of external amendments which affect the adopted budget. NOTE: One or more Governing Board members may attend and ...
      • Hearing Meeting: District Headquarters, 4049 Reid Street (Hwy 100 West), Palatka, FL 32177.
• Department of Health
  • Division of Environmental Health
    • The Purpose of this meeting will be for the board to make recommendations to the department for agency action on variance requests, rule and policy development, and other technical review problems.; March 14, 2013, Thursday; May 9, 2013, Thursday; ...
      • Hearing Meeting: Conference Room N101, N. Tower, lst Floor, Hurston Building, 400 West Robinson Street, Orlando, FL 32801
  • Board of Nursing
    • For cases previously heard by the panel.; January 18, 2013 @ 10:00am until 1:00pm.; Department of Health, Tallahassee at Meet Me Number (888) 670-3525 code 1135981458.
      • Hearing Meeting: Department of Health, Tallahassee at Meet Me Number (888) 670-3525 code 1135981458.
  • Board of Acupuncture
    • Continuing Education; January 18, 2013, 9:00 a.m., E.S.T.; Conference Call Number: (888) 670-3525 Participant Passcode: 6150683063
      • Hearing Meeting: Conference Call Number: (888) 670-3525 Participant Passcode: 6150683063
• Department of Business and Professional Regulation
  • Construction Industry Licensing Board
    • CE/Exams/Public Awareness committee meeting of the board.; Tuesday, January 8, 2013, 10:00am or soon thereafter.; Conference Call: 1(888)670.3525, Conference Code: 2938723619.
      • Hearing Meeting: Conference Call: 1(888)670.3525, Conference Code: 2938723619.
    • General business, disciplinary and committee meetings of the board. ; Wednesday, January 9, 2013, 12:00 Noon; Thursday, January 10, 2013, 8:00 a.m.; Friday, January 11, 2013, 8:00 a.m. or soon thereafter. ; Residence Inn Tallahassee, 600 W. Gaines ...
      • Hearing Meeting: Residence Inn Tallahassee, 600 W. Gaines Street, Tallahassee, Florida 32304.
• Agency for Health Care Administration
  • Medicaid
    • Discussion of a Diagnosis Related Group (DRG) based reimbursement payment system for hospital inpatient services.; January 8, 2013, 9:00am-12:00pm ; 2727 Mahan Drive Building 3, Conference Room A Tallahassee, FL 32308 To participate by phone, ...
      • Hearing Meeting: 2727 Mahan Drive Building 3, Conference Room A Tallahassee, FL 32308 To participate by phone, please call 1-888-670-3525, participant passcode 8074710718#
• Department of Legal Affairs
  • Division of Victim Services and Criminal Justice Programs
    • The Task Force shall collect and organize data concerning the nature and extent of neonatal withdrawal syndrome from prescription drugs in Florida; collect and organize data concerning the costs associated with treating expectant mothers and ...
      • Hearing Meeting: Toll Free Dial in Number: 888-670-3525 Participant Code: 1937102943
• Department of Health
  • Division of Medical Quality Assurance
    • General Business Meeting.; February 7, 2013 beginning at approximately 6:30 p.m. E.S.T. or soon thereafter and February 8, 2013 beginning at approximately 8:00 a.m. E.S.T. or soon thereafter; Best Western Plus Gateway Grand, 4200 NW 97th Boulevard, ...
      • Hearing Meeting: Best Western Plus Gateway Grand, 4200 NW 97th Boulevard, Gainesville, Florida, 32606-3742
  • Board of Massage Therapy
    • To review those cases on which a determination of existence of probable cause has already been made. ; January 10, 2013, 2:45 p.m. EST; Conference Call Number: (888) 670-3525; Participant Passcode: 4319491106
      • Hearing Meeting: Conference Call Number: (888) 670-3525; Participant Passcode: 4319491106

6. Miscellaneous

• Agency for Health Care Administration
  • Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals
    • Agency for Health Care Administration, Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals