Vol. 42, No. 22 (02/03/2016)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to 64B13-4.004, F.A.C., to delete unnecessary language and to renumber the rule accordingly; the proposed rule amendment to 64B13-4.007, F.A.C., will incorporate form DH-MQA 1134 into the rule and delete ...
    • The Board proposes the rule amendment to delete reference to fees that are stated in the application and to renumber the rule accordingly.
    • The Board proposes the rule amendment to add language originally found in 64B13-7.007, F.A.C., for the cost of probation to the rule.
    • The Board proposes the rule amendment to delete language that will be added to Rule 64B13-3.010, Standards of Practice and to renumber the rule accordingly.
    • The Board proposes the rule amendment to consolidate language originally found in 64B13-15.002, F.A.C., to clarify when a civil penalty shall be paid.
• Department of Children and Families
  • Family Safety and Preservation Program
    • In an effort to ensure the health and safety of children in all levels of child care, the Department will establish a tiered licensing system for school-age programs. The rule will also clarify license exemptions and provide minimum standards for ...
• Department of Health
  • Division of Environmental Health
    • The purpose of this rulemaking is to update the reference to ANSI Z136.1-2007 edition, which is incorporated by reference to the current edition, ANSI Z136.1-2014, and incorporate the entire chapter by reference.
  • Board of Nursing
    • The purpose of the amendment is to add requirement and incorporated material.
    • The purpose of the amendment is to delete language that contradicts subparagraph (1)(b) of the rule.
    • The purpose of the amendment is to update rule text.
    • The purpose of the rule amendment is to delete references to fines and costs in orders revoking licenses, since the Board does not impose them.
  • Board of Massage Therapy
    • The board proposes the rule amendment to update form DH-MQA 1264, "Massage Establishment Change of Location/Name Application."
    • : The amendment is proposed to update the rule by removing obsolete material.
    • The amendment is proposed to update the rule by removing obsolete material.

2. Proposed Rules

• Department of Health
  • Division of Emergency Preparedness and Community Support
    • To develop an inclusive, sustainable trauma system that allocates trauma centers throughout the state.
      • Due of Comment: 2/24/2016
• Department of Agriculture and Consumer Services
  • Division of Consumer Services
    • To amend the penalty structure to ensure consistency in the application of administrative fines for statutory violations of the Florida Pawnbroking Act.
      • Due of Comment: 2/24/2016
    • To amend the penalty structure to ensure consistency in the application of administrative fines for statutory violations of the Florida Sellers of Travel Act.
      • Due of Comment: 2/24/2016
• Department of Children and Families
  • Economic Self-Sufficiency Program
    • The Department is amending the rule text to change the issuance cycle language and to complete a technical change to correct the spelling of the word income in section (9)(a). The Department will also be adding language in reference to voter ...
      • Due of Comment: 2/24/2016

3. Notices of Changes, Corrections and Withdrawals

• Department of Health
  • Board of Acupuncture
    • Biennial Renewal of License, Reactivation of Retired License
    • Biennial Renewal of License, Reactivation of Retired License
  • Division of Environmental Health
    • Administrative Requirements, General Requirements, Registration of Radiation Machines, Registration Requirements

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Children and Families
  • Mental Health Program
    • an Emergency Waiver of rule 65E-14.021(4)(v)3 Florida Administrative Code, by Operation PAR, Inc. Rule 65E-14.021(4)(v)3., F.A.C., to permit support services and group services be included as billable services under Prevention-Indicated, which is ...
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • Sand pebbles Condominium. Petitioner seeks a temporary variance of the requirements of an unspecified Section of A17.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators which poses a significant economic/...
• Department of Health
  • Board of Optometry
    • the Board of Optometry has issued a Notice on Petition for Waiver or Variance filed on filed November 5, 2015, by Jennifer Ferri, O.D. The Notice of Petition for Variance or Waiver was published in Volume 41, No. 228, of November 24, 2015, Florida ...
    • the Board of Optometry has issued a Notice on Petition for Waiver or Variance filed on filed November 5, 2015, by Michael Ferri, O.D. The Notice of Petition for Variance or Waiver was published in Volume 41, No. 228, of November 24, 2015, Florida ...
  • Board of Opticianry
    • waiver or variance filed by Jose M. Sanchez, Esq., on behalf of Rachel Sarah Mayers, from Rule 64B12-16.008(3), F.A.C., with regard to the time limit an Apprenticeship Sponsor Attestation form must be provided to the Board.
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Chef Jenny Lozano located in Clearwater. The above referenced F.A.C. addresses the requirement that at least ...
• Department of Health
  • Board of Massage Therapy
    • Jennifer M. Wood, seeking a variance or waiver 120.542 FS. Requiring 15 hours of classroom training for a certification for Hydrotherapy presents an economic hardship and violates the principals of fairness. Comments on this petition should be ...
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • a Routine Variance for Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from Pyramid Joes Market ...
• Department of Health
  • Board of Chiropractic Medicine
    • variance or waiver filed by Greg Trotta. The petitioner is seeking a waiver or variance of Rule 64B2-11.001(2) Florida Administrative Code, which states that the licensure examination approved by the Board for licensure are the examinations ...
  • Board of Clinical Laboratory Personnel
    • variance or waiver for Babatunde Amole, Ph.D. Petitioner is seeking a variance or waiver of Rule 64B3-5.007(2)(h), Florida Administrative Code, which sets forth the education, training/experience and certification requirements for licensure as a ...
    • variance or waiver filed by Alla Kazy. Petitioner is seeking a variance or waiver of Rule 64B3-5.004(3)(a), Option 1, Florida Administrative Code, which sets forth the education, training/experience and examination requirements for a specialty ...

5. Notices of Meetings, Workshops and Public Hearings

• Department of Agriculture and Consumer Services
  • Division of Plant Industry
    • Florida Lettuce Advisory Committee Meeting: * Luna Brand Fungicides from Bayer Crop Science and Sivanto a novel insecticide. * Downy Mildew Management on Various Leaf Crops. * Use of Aerial Drones in Production Agriculture * Old and New Business ...
      • Hearing Meeting: Everglades Research & Education Center; 3200 E Palm Beach Road; Belle Glade, FL 33430
• Department of Education
  • Division of Florida Colleges
    • Reception; Wed., Feb 10, 2016; Governor's Mansion
      • Hearing Meeting: Governor's Mansion
• Regional Planning Councils
  • Southwest Florida Regional Planning Council
    • Regular monthly meeting of the Southwest Florida Regional Planning Council; Thursday, February 18, 2016 at 9:00 a.m.; SWFRPC at 1400 Colonial Boulevard, Suite #1 in Fort Myers
      • Hearing Meeting: SWFRPC at 1400 Colonial Boulevard, Suite #1 in Fort Myers
• Department of Health
  • Division of Emergency Preparedness and Community Support
    • Discussion of the Core SVIPP Grant and the Injury Prevention Section’s new focus areas; Monday, February 22nd, 2016, 10:00 a.m.–11:30 a.m., Eastern Standard Time.; Bureau of Emergency Medical Oversight/Injury Prevention Section, 4042 Bald Cypress ...
      • Hearing Meeting: Bureau of Emergency Medical Oversight/Injury Prevention Section, 4042 Bald Cypress Way, Second Floor, Tallahassee, Florida, 32399. Register for the Florida Injury Prevention Advisory Council Webinar at: https://attendee.gotowebinar.com/register/3732456420031563266 OR Join by conference call: United States, 1 (888)670-3525 toll-free; access code 6082454114. After registering, you will receive a confirmation email containing information about joining the webinar.
    • Safe Kids Worldwide updates, Safe Kids Day activities, distribution of I’m Safe materials and Safe Kids coalition updates.; Friday, February 12, 2016 from 11:00 a.m. – noon and Monday, February 15, 2016 from 10:00 a.m. – 11:00 a.m.; Bureau of ...
      • Hearing Meeting: Bureau of Emergency Medical Oversight/Injury Prevention Section, 4042 Bald Cypress Way, Second Floor, Tallahassee, Florida 32399 Join the conference call: United States: 1(888)670-3525 toll-free; access code: 6082454114
  • Board of Clinical Laboratory Personnel
    • General board business.; Friday, March 4, 2016, commencing at 9:00 a.m., or shortly thereafter.; Buena Vista Suites, 8203 World Center Drive, Orlando, Florida 32821, (407) 239-8588
      • Hearing Meeting: Buena Vista Suites, 8203 World Center Drive, Orlando, Florida 32821, (407) 239-8588
• Department of Environmental Protection
  • Departmental
    • The FCT Governing Board will consider the minutes from November 19, 2015 meeting and any other business deemed necessary. Board Members and Staff will attend the Grand Opening of Fred George Basin Park at 2:00 p.m. at 3091 Capital Circle NW, ...
      • Hearing Meeting: Conference Room A, Douglas Building, Florida Department of Environmental Protection, 3900 Commonwealth Blvd., Tallahassee, Florida 32399. Interested parties may also participate via conference call by dialing 1-888-670-3525 and entering Participant Code: 4998182812, then #. Participants may also join via Skype - https://meet.lync.com/floridadep/pamela.lister/PBTLBTJC
• Department of Economic Opportunity
  • Division of Workforce Services
    • Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; February 10, 2016, 9:00 a.m; Reemployment Assistance Appeals ...
      • Hearing Meeting: Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
• Department of Health
  • Board of Pharmacy
    • To review current legislation.; (CANCELLED) February 4, 2016 at 12:30 p.m.; 1(888)670-3525, participation code: 5134896685
      • Hearing Meeting: 1(888)670-3525, participation code: 5134896685
• Department of Environmental Protection
  • Departmental
    • This is a technical meeting to which the public is invited. At this meeting the department will provide stakeholders with an update on the TMDL model revisions.; February 11, 2016, 9:00 a.m.; Seminole County Extension Auditorium, 250 West County ...
      • Hearing Meeting: Seminole County Extension Auditorium, 250 West County Home Road, Sanford, FL 32773
• Florida Housing Finance Corporation
  • Departmental
    • The workshop will discuss implementation of the National Housing Trust Fund in Florida by the Florida Housing Finance Corporation. The National Housing Trust Fund is a federal block grant to the states. The Governor has designated Florida Housing as ...
      • Hearing Meeting: Holiday Inn Tampa Westshore – Airport Areas, 700 N. Westshore Boulevard, Tampa, Florida, 33609.
• Regional Planning Councils
  • South Florida Regional Planning Council
    • Any Development Order received prior to the meeting. Any Generally Consistent Comprehensive Plan Amendment Review received prior to the meeting; Any Generally Inconsistent Comprehensive Plan Amendment Review received prior to the meeting; Meeting ...
      • Hearing Meeting: FDOT District 6 Auditorium, 1000 N.W. 111 Avenue, Miami, FL 33172
• Department of Financial Services
  • Division of State Fire Marshal
    • Regular Meeting. Topics to include but not limited to a Division update, EMS update and FFIRS update.; Tuesday, March 1, 2016, 1:30 p.m.; Conference Call: 850-413-1558 ID: 542038 or Atrium Bldg 3rd Floor Conference Room, Tallahassee, FL
      • Hearing Meeting: Conference Call: 850-413-1558 ID: 542038 or Atrium Bldg 3rd Floor Conference Room, Tallahassee, FL
    • Regular meeting. Topics to include but not limited to a Division and Bureau update.; Tuesday, March 1, 2016 10 minutes after the adjournment of the FFIRS meeting which begins at 1:30 p.m.; Conference Call: 850-413-1558 ID: 542038 or Atrium Bldg....
      • Hearing Meeting: Conference Call: 850-413-1558 ID: 542038 or Atrium Bldg. 3rd Floor Conference Room, Tallahassee, FL
• Department of Business and Professional Regulation
  • Electrical Contractors' Licensing Board
    • Wednesday, March 9, 2016 at 1:00 p.m. - Grandfather and Issue Files. Wednesday, March 9, 2016 at 4:00 p.m. - Probable Cause Panel (portions may be closed to the public). Thursday, March 10, 2016 at 8:30 a.m. - Discipline and General Business. ...
      • Hearing Meeting: Floridays Resort, 12562 International Drive, Orlando, FL 32821. (407) 238-7700.
• Department of Legal Affairs
  • Florida Elections Commission
    • Agency matters. Review and adjudication of cases relating to alleged violations of Chapters 104 and 106, Florida Statutes, and to the late filing of campaign treasurer's reports. Rules Review. Portions of this meeting are confidential and closed ...
      • Hearing Meeting: Florida State Conference Center, 555 West Pensacola Street, Room 108, Tallahassee, Florida 32306.
• Water Management Districts
  • South Florida Water Management District
    • Governing Board to discuss and consider District business, including regulatory and non-regulatory matters, and issues of interest related to water management, water supply and flood protection in the South Florida region.; Wednesday, February 10, ...
      • Hearing Meeting: Osceola County Administrative Building County Commission Chambers, 4th floor 1 Courthouse Square, Kissimmee, FL 34741
• Department of Law Enforcement
  • Departmental
    • The CJJIS Council Data Committee will meet to refine goals and objectives for the three sub-committees: Incident Based Reporting, Photographs, and License Plate Readers.; February 8, 2016, 2:00 PM; Conference Call
      • Hearing Meeting: Conference Call
• Other Agencies and Organizations
  • NV5, Inc.
    • The Florida Department of Transportation (FDOT) District Seven is holding this design open house to discuss SR 41/ US 301 One Way Pairs project. The limits are from SR 39 to south of CR 54 in Pasco County. The proposed improvements include ...
      • Hearing Meeting: Alice Hall Community Center, 38116 5th Avenue, Zephyrhills, FL 33542.
• Department of Health
  • Board of Medicine
    • To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, February 19, 2016, 2:00 p.m.; Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
      • Hearing Meeting: Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
    • To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, February 26, 2016, 2:00 p.m.; Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
      • Hearing Meeting: Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
• Department of Business and Professional Regulation
  • Drugs, Devices and Cosmetics
    • General Business of the Council; February 25, 2016 9:30 a.m.; Department of Business and Professional Regulation Professions Board Room 1940 N. Monroe Street Tallahassee, FL 32399 Conference Call Number 1-888-670-3525 Conference Code ...
      • Hearing Meeting: Department of Business and Professional Regulation Professions Board Room 1940 N. Monroe Street Tallahassee, FL 32399 Conference Call Number 1-888-670-3525 Conference Code 9259887749

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • by Scott H. Jackman, Esq., filed on January 15, 2016.; The petition seeks the Commission’s opinion on whether an automatic renewal provision in a real estate listing agreement would violate Section 475.251(r), Florida Statutes. Except for good ...
  • Division of Florida Condominiums, Timeshares and Mobile Homes
    • William J. Cochran, Unit Owner, In Re: Madeira Beach Yacht Club Condominium Association, Inc., Docket No. 2016004741, filed on January 29, 2016.; Whether the Association’s November 18, 2015 amendment of the rules and regulations to adopt “Rule K. ...

7. Notices Regarding Bids, Proposals and Purchasing

• Department of Corrections
  • Departmental
    • Department of Corrections, Departmental

8. Miscellaneous

• Department of Health
  • Division of Children's Medical Services
    • Department of Health, Division of Children's Medical Services
• Agency for Health Care Administration
  • Certificate of Need
    • Agency for Health Care Administration, Certificate of Need