Vol. 45, No. 56 (03/21/2019)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Health
  • Vital Statistics
    • This rulemaking will implement the “Grieving Families Act” and will provide process, forms and fees for registering, amending and certifying nonviable births as required by recently enacted legislation.
• Department of Business and Professional Regulation
  • Board of Veterinary Medicine
    • The Board proposes the development of rule amendments to address clarification regarding endorsement requirements.
• Department of Health
  • Board of Psychology
    • The Board proposes the development to update the incorporated applications.
  • Board of Nursing
    • The purpose of the rule amendment is to update licensure application.
• Department of Environmental Protection
  • Departmental
    • The purpose and effect of this rulemaking is to comply with the requirements set forth in s. 373.0465(2)(d), F.S., enacted during the 2016 legislative session. The rulemaking will provide for uniform rules for consumptive use permitting within the ...
• Department of Financial Services
  • OIR - Administration
    • This rule is being amended to reflect the current organizational structure of the Office of Insurance Regulation.

2. Proposed Rules

• Water Management Districts
  • Northwest Florida Water Management District
    • The overall purpose is to create a minimum flows and minimum water levels rule chapter, including setting a minimum flow for the St. Marks River Rise, to comply with Florida Statutes.
      • Due of Comment: 4/11/2019
• Department of Financial Services
  • OIR – Insurance Regulation
    • The amendment to Rule 69O-163.009, FAC, specifies the credibility factors to be applied for the calculation of deviations from prima facie rates. The amendments to Rule 69O-163.011, FAC, amend the maximum credit disability insurance premium rates.
      • Due of Comment: 4/11/2019
    • The rules are being amended to allow an exemption to paragraph 14(b) of 69O-149.005 for certain types of plans issued by an insurer, to update the Experience on the Form requirements, and to update the actuarial certification requirements.
      • Due of Comment: 4/11/2019
    • The rule is being amended to update the definition of Commonly Accepted Actuarial Practice.
      • Due of Comment: 4/11/2019
    • These rules are being amended to update and delete out of date references to government agencies and programs, as well as to incorporate a form for filing a pro forma projection of an anticipated program.
      • Due of Comment: 4/11/2019
• Department of Health
  • Board of Chiropractic Medicine
    • The purpose of the amendment is to delete and update the language to provide an alternative for submission of online continuing education courses.
      • Due of Comment: 4/11/2019
• Department of Children and Families
  • Family Safety and Preservation Program
    • The Department intends to create Rule Chapter 65C-44, F.A.C., entitled Guardianship Assistance Program. The chapter will contain rules regarding the processes and procedures for the Guardianship Assistance Program, including definitions, types of ...
      • Due of Comment: 4/11/2019
• Department of Agriculture and Consumer Services
  • Division of Plant Industry
    • To incorporate changes to FDACS form revision dates and form numbers.
      • Due of Comment: 4/11/2019

3. Notices of Changes, Corrections and Withdrawals

• Department of Agriculture and Consumer Services
  • Division of Food, Nutrition and Wellness
    • Program Participation, Reimbursement Process and Financial Management, Administrative Reviews
  • Division of Licensing
    • Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances, Directly Related Criminal Offenses
• Department of Health
  • Board of Dentistry
    • Delegation of Remediable Restorative Functions to Dental Assistants; Supervision Level; and Training and Experience Requirements.

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Elder Affairs
  • Federal Aging Programs
    • On 03/08/2019, the Department issued a Final Order granting Juniper Eventide Limited Partnership d/b/a Juniper Village at Cape Coral, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental ...
    • On 03/08/2019, the Department issued a Final Order granting Royal Living ALF, Inc., a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in its petition filed on 01/...
    • On 03/05/2019, the Department issued a Final Order granting Seaside Manor ALF, LLC d/b/a Seaside Manor of Ormond Beach, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as ...
    • On 03/05/2019, the Department issued a Final Order granting Plaza of Pembroke ALF, LLC d/b/a Plaza of Hallandale Beach, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as ...
    • On 03/05/2019, the Department issued a Final Order granting Harmony House ALF, LLC d/b/a The Harmony House of Ocala, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as ...
    • On 03/05/2019, the Department issued a Final Order granting RSC Dunellon Haven, LLC d/b/a Haven House of Ocala, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested ...
    • On 03/11/2019, the Department issued a Final Order granting Westminster Shores, Inc., a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in its petition filed on ...
• Public Service Commission
  • Departmental
    • Florida Publilc Utilities Company
• Department of Elder Affairs
  • Federal Aging Programs
    • On 03/19/2019, the Department issued a Final Order granting GV Pinellas Park, LLC d/b/a Grand Villa of Pinellas Park, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as ...
    • On 03/19/2019, the Department issued a Final Order granting GV Englewood, LLC d/b/a Grand Villa of Englewood, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in ...
    • On 03/19/2019, the Department issued a Final Order granting GVDB Operations, LLC d/b/a Grand Villa of Delray East, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as ...
    • On 03/19/2019, the Department issued a Final Order granting SNH SE Tenant TRS, Inc. d/b/a Five Star Premier Residences of Hollywood, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental ...
    • On 03/19/2019, the Department issued a Final Order granting Dade City, FL OPCO, LLC d/b/a The Edwinola, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in its ...
    • On 03/19/2019, the Department issued a Final Order granting Hibiscus Palace III Assisted Living Facility LLC, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as requested in ...
    • On 03/19/2019, the Department issued a Final Order granting GV Deerfield Beach, LLC d/b/a Grand Villa of Deerfield Beach, a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, as ...
    • a notice of withdrawal from GV-Ormiond Beach, LLC d/b/a Grand Villa of Ormond Beach of its petition for a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control.
    • a notice of withdrawal from GV Largo d/b/a Grand Villa of Largo of its petition for a temporary variance from Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control.
• Department of Business and Professional Regulation
  • Florida Real Estate Appraisal Board
    • of the issuance of an Order regarding the Petition for Variance or Waiver, filed on January 22, 2019, by Suzanne Seashell Long. The Notice of Petition for Waiver or Variance was published in Vol. 45, No. 19, of the January 29, 2019 Florida ...
• Department of Elder Affairs
  • Federal Aging Programs
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from WINDSOR COURT. Any interested person or other agency may submit written comments on the petition within 14 days after this ...
• Department of Health
  • Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
    • of the issuance of an Order regarding the Petition for Variance or Waiver, filed on September 21, 2018, by Tracy Denise Sieper. The Notice of Petition for Waiver or Variance was published in Vol. 44, No. 189, of the September 27, 2018 Florida ...
• Department of Elder Affairs
  • Federal Aging Programs
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from CREST MANOR ASSISTED LIVING FACILITY. Any interested person or other agency may submit written comments on the petition within ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from CARPS ASSISTED LIVING. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from LAKE PARK ALF. Any interested person or other agency may submit written comments on the petition within 14 days after this ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE BAYSHORE. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE BONITA SPRINGS. Any interested person or other agency may submit written comments on the petition within 14 days ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE COUNTRYSIDE. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE HIGHLANDS. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE JENSEN BEACH. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE MARGATE. Any interested person or other agency may submit written comments on the petition within 14 days after this ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE NEW PORT RICHEY. Any interested person or other agency may submit written comments on the petition within 14 days ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE PALM BEACH GARDENS. Any interested person or other agency may submit written comments on the petition within 14 days ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE PALMA SOLA. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE POINTE WEST. Any interested person or other agency may submit written comments on the petition within 14 days after ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE SARASOTA MIDTOWN. Any interested person or other agency may submit written comments on the petition within 14 days ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE WEST BOYNTON BEACH. Any interested person or other agency may submit written comments on the petition within 14 days ...
    • temporary waiver of Rule 58A-5.036, F.A.C., requiring an alternate energy source for emergency environmental control, from BROOKDALE WEST PALM BEACH. Any interested person or other agency may submit written comments on the petition within 14 days ...
• Department of Health
  • Board of Nursing
    • variance and waiver filed on behalf of Treasure Coast Technical College from Rule 64B9-15.007(3), F.A.C. The rule requires that each program must submit a renewal application every-two years to the Board within sixty (60) days prior to December 31 ...
    • variance and waiver filed on behalf of Treasure Coast High School from Rule 64B9-15.007(3), F.A.C. The rule requires that each program must submit a renewal application every-two years to the Board within sixty (60) days prior to December 31 of ...
    • variance and waiver filed by Trecia Meadows, MSN, RN, on behalf of Emerald Coast Technical College from Rule 64B9-15.007(3), F.A.C. The rule requires that each program must submit a renewal application every-two years to the Board within sixty (60) ...
  • Board of Massage Therapy
    • variance and waiver filed by Marjorie Anne Hope. Although no specific rule is mentioned in the petition, it appears that the Petitioner is seeking a waiver or variance of Rule 64B7-25.004, F.A.C., licensure by endorsement as a massage therapist in ...
    • variance and waiver filed by Karen Mooney, PhD, LMT, CMMP, from Rule Chapter 64B7-25, F.A.C., and Section 480.041, F.S. The Petitioner seeks the board’s approval for a waiver requiring completion of a 500 hour program for licensure as Petitioner ...

5. Notices of Meetings, Workshops and Public Hearings

• Other Agencies and Organizations
  • South Dade Soil and Water Conservation District
    • Regular Agenda Items for presentation to the Board of Supervisors, Ag Lab Report and District Projects; Thursday March 21, 2019 9:30 am; USDA Florida City Service Center 1450 N Krome Ave #102 Florida City, Fl 33034
      • Hearing Meeting: USDA Florida City Service Center 1450 N Krome Ave #102 Florida City, Fl 33034
• State Board of Administration
  • Departmental
    • This is a meeting of the Trustees of the State Board of Administration to authorize the Florida Hurricane Catastrophe Fund (the Fund) to file a Notice of Proposed Rule for Rule 19-8.028, F.A.C., Reimbursement Premium Formula, and to file this rule ...
      • Hearing Meeting: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida.
• Department of Business and Professional Regulation
  • Board of Pilot Commissioners
    • Deputy Pilot Advancements.; March 27, 2019 9:30 a.m.; 1-888-585-9008, participant pass code: 241687833
      • Hearing Meeting: 1-888-585-9008, participant pass code: 241687833
• Regional Planning Councils
  • South Florida Regional Planning Council
    • To discuss the preparedness of the Village of Palmetto Bay for the new state statute of Peril of Flood. This meeting will discuss the implications of sea level rise, and storm surge as it pertains to Palmetto Bay’s readiness to reduce flood risk and ...
      • Hearing Meeting: Council Chambers, 9705 E Hibiscus Street, Palmetto Bay, FL 33157
• Department of Health
  • Board of Clinical Laboratory Personnel
    • General board business, to include licensure.; May 29, 2019, 9:00 a.m.; (888) 585-9008 136-103-141 participant code
      • Hearing Meeting: (888) 585-9008 136-103-141 participant code
  • Board of Medicine
    • General business of the Committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board ...
      • Hearing Meeting: Embassy Suites West Palm Beach – Central, 1601 Belvedere Road, West Palm Beach, Florida 33406. The hotel phone number (561) 689-6400.
• Department of State
  • Departmental
    • In accordance with Section 120.525, Florida Statutes, an Evaluation Committee Public Dissemination of Scores Public meeting is hereby noticed for the following Invitation to Negotiate Number: DOS ITN 10/17-12 (Rebid), titled, Sunbiz COTS Business ...
      • Hearing Meeting: R.A. Gray Building, 500 S. Bronough Street, Room #307, Tallahassee, FL 32399
• Other Agencies and Organizations
  • Gulf Consortium
    • The Gulf Consortium will conduct a Board of Directors meeting, consisting of a SSEP and SEP Grant update, structure discussions, standup audit update, status of grant applications, and other business at the discretion of the Board.; March 28, 2019 ...
      • Hearing Meeting: The Opal Room Hotel Duval 415 N Monroe St Tallahassee, FL 32301 Dial-in Number: +1 (646) 749-3117 Access Code: 248-531-933
  • Citizens Property Insurance Corporation
    • Topics to include but not limited to Board Committee Reports.; March 27, 2019, 9:00 a.m.; Sheraton Orlando North, 600 N. Lake Destiny Drive, Maitland, FL 32751; Dial In: 888-942-8686; Conf. ID: 944 710 6691#
      • Hearing Meeting: Sheraton Orlando North, 600 N. Lake Destiny Drive, Maitland, FL 32751; Dial In: 888-942-8686; Conf. ID: 944 710 6691#
  • Florida Development Finance Corporation
    • This meeting will discuss the following: • Meeting Minutes: 2/26/19 • Resolution No. 19-10: University of Florida Jacksonville Physicians, Inc. • Presentation: The Athenian Academy, Inc.; Friday, March 29, 2019 9:00 AM; Florida Development ...
      • Hearing Meeting: Florida Development Finance Corporation 156 Tuskawilla Road Suite 2340 Winter Springs, FL 32708 - OR - Dial-In Information: 1-646-741-5292 Meeting ID: 112 604 4986

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Financial Services
  • Finance
    • First Up Lending LLC.; On 2/20/2019, the Florida Office of Financial Regulation (Consumer Finance) received a Petition for Declaratory Statement from First Up Lending LLC. The petition sought a declaratory statement whether its proposed business ...
• Department of Business and Professional Regulation
  • Electrical Contractors' Licensing Board
    • Joseph Kennett, Esq.; The Notice of Petition for Declaratory Statement was published in Vol. 44, No. 226, of the November 16, 2019 Florida Administrative Register. The Petitioner sought a declaratory statement as to whether a license is required to ...
• Department of Management Services
  • Division of Administrative Hearings
    • Elias Makere.; Petitioner asks for a declaratory statement on what constitutes the "essential requirements of law" for his pending case docketed at 18-0373. Petitions to intervene or request a hearing must be filed consistent with rule 28-105.0027(...

7. Notices Regarding Bids, Proposals and Purchasing

• Department of Agriculture and Consumer Services
  • Division of Administration
    • Department of Agriculture and Consumer Services, Division of Administration

8. Miscellaneous

• Department of Health
  • Board of Nursing
    • Department of Health, Board of Nursing
    • Department of Health, Board of Nursing
    • Department of Health, Board of Nursing
• Department of Highway Safety and Motor Vehicles
  • Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
• Department of Health
  • Board of Occupational Therapy
    • Department of Health, Board of Occupational Therapy
  • Board of Nursing
    • Department of Health, Board of Nursing
  • Board of Physical Therapy Practice
    • Department of Health, Board of Physical Therapy Practice
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Pediatric Cardiac Programs
• Department of State
  • Departmental
    • Department of State, Departmental