Vol. 39, No. 57 (03/22/2013), Florida Administrative Register

Vol. 39, No. 57 (03/22/2013)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - To adopt the newest version of the licensing applications and inspection forms.
  - Adopt current commissary notification form.
Department of Children and Families
- Agency for Persons with Disabilities
  - The proposed rule amendment revises, clarifies, and streamlines the provisions of rule chapter 65G-2, related to licensure of foster care facilities, group home facilities, residential habilitation centers, and comprehensive transitional education ...
Department of Agriculture and Consumer Services
- Division of Plant Industry
  - The purpose of the proposed changes is to develop specific requirements for the placement of managed honeybee colonies on agricultural and non-agricultural properties. These changes are necessary to implement Sections 586.055 and 586.10, Florida ...

2. Proposed Rules

Water Management Districts
- Suwannee River Water Management District

3. Notices of Changes, Corrections and Withdrawals

Department of Health
- Board of Acupuncture
  - Biennial Renewal Fee, Application Fee
Department of Education
- State Board of Education
  - Use of Prescribed Pancreatic Enzyme Supplements
  - Textbook Affordability

4. Petitions and Dispositions Regarding Rule Variance or Waiver

Department of Business and Professional Regulation
- Board of Cosmetology
  - a waiver or variance of Rule 61G5-20.002(5) and (6), Florida Administrative Code, filed by Richard Atkins for LAKA USA, LLC, in regards to the requirement that a specialty salon have a minimum of 100 square feet of floor space, with no more than 1 ...
Water Management Districts
- Southwest Florida Water Management District
  - a variance or waiver. Petitioner’s Name: University of South Florida Rule No.: 40D-22.201 Nature of the rule for which variance or waiver is sought: lawn and landscape irrigation The Petition has been assigned tracking no. 13-4149. Any ...
Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - Conservancy EPC Building. Petitioner seeks an emergency variance of the requirements of ASME A17.1, Section 2.20.4, 2.18.5, 2.18.5.1 and 8.11.2.1.3(cc)(1) & (3) as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of ...
Water Management Districts
- South Florida Water Management District
  - On March 14, 2012, the District's Governing Board issued SFWMD Order No. 2013-027-DAO-ROW to Florida Department of Transportation (Application No. 13-0117-1). The petition for waiver was received by the District on January 17, 2013. Notice of ...
  - On March 14, 2012, the District's Governing Board issued SFWMD Order No. 2013-028-DAO-ROW to Collier County Transportation Engineering Departmenyt (Application No. 12-0813-2). The petition for waiver was received by the District on December 3, 2012....
Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - On March 21, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Manatee Players, filed March 7, 2013, and advertised on March 14, 2013 in Vol. 39, No. 51, of the Florida Administrative ...

5. Notices of Meetings, Workshops and Public Hearings

Department of Health
- Office of Statewide Research
  - To conduct review of new research studies involving human participants, modifications to existing studies, and continuing review of ongoing research to make sure research studies comply with regulations and the Department's ethical standards.; April ...
    - Hearing Meeting: Capital Circle Office Complex, Building 2585, Conference Room 320P, Tallahassee, Florida
Water Management Districts
- Southwest Florida Water Management District
  - Regular monthly meeting to obtain feedback from interested persons on current pending permit applications. The agenda is available at www.watermatters.org/calendar/calendar.php/; Wednesday, April 3, 2013 at 9:00 AM; 7601 HWY 301 N, Tampa, FL 33637
    - Hearing Meeting: 7601 HWY 301 N, Tampa, FL 33637
Other Agencies and Organizations
- Orange County Research and Development Authority
  - General Business Meeting; April 11, 2013, 8:00 a.m.; Central Florida Research Park 12424 Research Parkway, Suite 100 Orlando, FL 32826
    - Hearing Meeting: Central Florida Research Park 12424 Research Parkway, Suite 100 Orlando, FL 32826
- Florida Self-Insurers Guaranty Association
  - The Board of Directors will meet to discuss general business of the Association.; Friday, March 29, 2013, 10:30 a.m.; Florida Self-Insurers Guaranty Association, Inc., 1427 E. Piedmont Drive, 2nd Floor, Tallahassee, Florida.
    - Hearing Meeting: Florida Self-Insurers Guaranty Association, Inc., 1427 E. Piedmont Drive, 2nd Floor, Tallahassee, Florida.
Department of Financial Services
- Finance
  - Final approval of the proposed amendment to Rule 69V-160.034, F.A.C., Failure to Demonstrate Financial Responsibility Defined, and the proposed repeal of Rule 69V-560.302, F.A.C., Renewal Fees, Deadlines, and Requirements.; April 2, 2013, 9:00 a.m., ...
    - Hearing Meeting: Flagler College, Ponce de Leon Room, 74 King Street, St. Augustine, FL 32084
  - Final approval of the proposed amendment to Rule 69V-160.034, F.A.C., Failure to Demonstrate Financial Responsibility Defined, and the proposed repeal of Rule 69V-560.302, F.A.C., Renewal Fees, Deadlines, and Requirements.; April 2, 2013, 9:00 a.m., ...
    - Hearing Meeting: Flagler College, Ponce de Leon Room, 74 King Street, St. Augustine, FL 32084
Department of Education
- Education Practices Commission
  - The Hearing Panel of the Education Practices Commission will consider final agency action in matters dealing with the disciplining of certified educators. The meeting will be to discuss the hiring process for the Executive Director and present ...
    - Hearing Meeting: Embassy Suites Orlando North 225 Shorecrest Drive Altamonte Springs, Florida 32701 (407) 834-2400
Water Management Districts
- Southwest Florida Water Management District
  - Well Drillers Advisory Committee (WDAC) Meeting. Some members of the District's Governing Board may also attend the meeting.; April 10, 2013, 1:30 p.m.; SWFWMD Tampa Service Office 7601 Highway 301 N Tampa, FL 33637
    - Hearing Meeting: SWFWMD Tampa Service Office 7601 Highway 301 N Tampa, FL 33637
Regional Utility Authorities
- Tampa Bay Water - A Regional Water Supply Authority
  - The General Manager Position Screening Committee will review and discuss applications for the General Manager position and develop a short-list of candidates for later consideration by the agency’s Board of Directors.; Monday, April 8, 2013, 9:00 a....
    - Hearing Meeting: Tampa Bay Water Administrative Offices, 2575 Enterprise Road, Clearwater, FL 33763
Regional Planning Councils
- Central Florida Regional Planning Council
  - Regular monthly meeting of the Central Florida Regional Planning Council and/or its Executive Committee.; April 10, 2013, 9:30 a.m.; DeSoto County Commission Chambers 201 East Oak Street Arcadia, FL 34266
    - Hearing Meeting: DeSoto County Commission Chambers 201 East Oak Street Arcadia, FL 34266
- West Florida Regional Planning Council
  - General business of the Local Emergency Planning Committee, including the committees biennial exercise, and the LEPC Comprehensive Plan. Preceding the meeting, the Education and Public Awareness Subcommittee will hold meetings at 9:00 a.m. ...
    - Hearing Meeting: Bay County Emergency Operations Center, 700 Hwy 2300, Southport FL
Other Agencies and Organizations
- Departmental
  - The Board will address general policy and operational matters of the NFBA.; March 27, 2013, 11:00AM; City Hall, 17651 NW 90th Court Fanning Springs, FL
    - Hearing Meeting: City Hall, 17651 NW 90th Court Fanning Springs, FL
Department of Health
- Departmental
  - This is a special called meeting of the Executive Committee of the Florida Coordinating Council for the Deaf and Hard of Hearing for the purpose of examining applications for the position of Education/Outreach Coordinator for the Council. Due to the ...
    - Hearing Meeting: Teleconference Toll-Free #: 1-888-670-3525 Event Code: 6625033505 #
Department of Corrections
- Departmental
  - Regular Quarterly meeting of the RMC Hospital Governing Body.; Thursday, April 11, 2013 at 10:00AM; Reception and Medical Center, Warden's Conference Room, 7765 South, C.R. 231, Lake Butler, FL 32054
    - Hearing Meeting: Reception and Medical Center, Warden's Conference Room, 7765 South, C.R. 231, Lake Butler, FL 32054
Department of Elder Affairs
- Long-Term Care Ombudsman Program
  - Executive Committee Business; March 29, 2013; 9:00 a.m. to 9:45 a.m.; Call in 1-888-670-3525, Conference Code 780 930 7873
    - Hearing Meeting: Call in 1-888-670-3525, Conference Code 780 930 7873
  - State Council Committee Business; March 29, 2013; 10:00 a.m. to 11:00 a.m.; Call in 1-888-670-3525, Conference Code 780 930 7873
    - Hearing Meeting: Call in 1-888-670-3525, Conference Code 780 930 7873
Department of Business and Professional Regulation
- Florida Building Commission
  - Discuss “accreditor” and “course” applications for recommendation to the Florida Building Commission.; Tuesday, April 2, 2013 at 10:00A.M.; MEETINGS TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY: You must access WEBINAR for VIDEO ONLY and ...
    - Hearing Meeting: MEETINGS TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY: You must access WEBINAR for VIDEO ONLY and TELECONFERENCE number for AUDIO ONLY. WEBINAR Access: Meeting information ------------------------------------------------------- Topic: Education POC Date: Tuesday, April 2, 2013 Time: 10:00 am, Eastern Daylight Time (New York, GMT-04:00) Meeting Password: (This meeting does not require a password.) To join the online meeting, Go to: https://suncom.webex.com/suncom/j.php?ED=174907467&UID=1349981692&RT=MiMxMQ%3D%3D 2. If requested, enter your name and email address. 3. If a password is required, enter the meeting password: (This meeting does not require a password.) 4. Click "Join". TELECONFERENCE ACCESS: Attendee access code has changed. Call-in toll-free number: 1-888-670-3525 (US) Call-in number: 1-720-389-1212 (US) Attendee access code: 606-232-6940 Public point of access: 1940 North Monroe Street, Suite 90, Tallahassee, Florida.
  - To consider and provide recommendations to the Commission regarding requests for waivers (as listed below) and other business for the Commission. Requests for waivers are Fifth Street Marina, 341 N. W. South River Drive, Miami; Holiday Surf and ...
    - Hearing Meeting: Meeting to be conducted using Communications Media Technology, Conference Call and Webinar. You must join the Webinar for Visual Aids only and join the Teleconference for Audio Aids only. To join the online meeting: 1. Go to https://suncom.webex.com/suncom/j.php?ED=174173637&UID=1345158982&RT=MiMxMQ%3D%3D 2. If requested, enter your name and email address. 3. Click "Join". To view in other time zones or languages, please click the link: https://suncom.webex.com/suncom/j.php?ED=174173637&UID=1345158982&ORT=MiMxMQ%3D%3D To join the teleconference only, provide your phone number when you join the meeting to receive a call back. Alternatively, you can call: Call-in toll-free number: 1-888-670-3525 (US) Call-in number: 1-720-3891212 (US) Attendee access code: 6062326940 Public Point of Access: Suite 90, 1940 North Monroe Street, Tallahassee, Florida.

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

Department of Business and Professional Regulation
- Division of Pari-Mutuel Wagering
  - Petitioner Gulfstream Park Thoroughbred After Racing Program, Inc., in DBPR Case No. 2013010613 (DS 2013-015).; Petitioner seeks a determination as to whether it can receive a slot machine license to conduct slot machine gaming at its permitted ...
  - Petitioner Gulfstream Park Racing Association, Inc., in DBPR Case No. 2013010614 (DS 2013-016).; Petitioner seeks a determination as to whether Chapter 551, F.S., requires a licensed slot machine operator to conduct a full schedule of live pari-...

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

Department of Environmental Protection
- Departmental
  - St. Johns Riverkeeper, Inc. vs. Department of Environmental Protection; Case No.: 13-0708RP; Rule No.: 62-40.210, 62-40.416; Petition
Department of Transportation
- Departmental
  - All Seasons Landscape Contractors, Inc. vs. Florida Department of Transportation; Case No.: 13-0362RU; Petition
Department of Business and Professional Regulation
- Board of Professional Engineers
  - Joseph Rickett, P.E. vs. Florida Board of Professional Engineers, A Division of the Florida Department of Business and Professional Regulation; Case No.: 12-1202RX; Rule No.: 61G15-19.001; Dismissed
- Board of Accountancy
  - Rosemary Lyons Larry vs. Florida Board of Accountancy; Case No.: 12-3220RX; Rule No.: 61H1-28.0052; Dismissed
Department of Environmental Protection
- Departmental
  - St. Johns Riverkeeper, Inc. vs. Department of Environmental Protection and Florida Water Environmental Association, Inc., Utility Council (Intervenor); Case No.: 13-0708RP; Rule No.: 62-40.210, 62-40.416; Dismissed
  - City of Tampa vs. Department of Environmental Protection and Florida Water Environmental Association, Inc., Utility Council (Intervenor); Case No.: 13-0721RP; Rule No.: 62-40.210, 62-40.416; Dismissed
Department of Financial Services
- Division of State Fire Marshal
  - Columbia Southern University and Matthew Adams, Individually vs. Department of Financial Services, Division of State Fire Marshal; Case No.: 12-2480RX; Rule No.: 69A-37.084; Dismissed
- Division of Workers' Compensation
  - Zenith Insurance Company vs. Department of Financial Services, Division of Workers’ Compensation and Florida Hospital Association, Inc., and HCA Health Services of Florida d/b/a Oak Hill Hospital (Intervenors); Case No.: 12-2939RX; Rule No.: 69L-7....
Department of Transportation
- Departmental
  - All Seasons Landscape Contractors, Inc. vs. Florida Department of Transportation; Case No.: 13-0362RU; Withdrawal
Department of Business and Professional Regulation
- Board of Professional Engineers
  - Robert Wood, P.E. vs. The Florida Board of Professional Engineers and the Florida Department of Business and Professional Regulation; Case No.: 12-2900RU; Dismissed
Agency for Health Care Administration
- Departmental
  - Rosaida Healthcare, Inc. vs. Agency for Health Care Administration; Case No.: 12-3551RU; Dismissed
Department of Environmental Protection
- Departmental
  - City of Tampa vs. Department of Environmental Protection; Case No.: 13-0721RP; Rule No.: 62-40.210, 62-40.416; Petition

8. Notices Regarding Bids, Proposals and Purchasing

Other Agencies and Organizations
- Daytona State College
  - Other Agencies and Organizations, Daytona State College
Department of Management Services
- Departmental
  - Department of Management Services, Departmental

9. Miscellaneous

Department of Environmental Protection
- Departmental
  - Department of Environmental Protection, Departmental
Fish and Wildlife Conservation Commission
- Freshwater Fish and Wildlife
  - Fish and Wildlife Conservation Commission, Freshwater Fish and Wildlife
Expressway Authorities
- Orlando-Orange County Expressway Authority
  - Expressway Authorities, Orlando-Orange County Expressway Authority
Department of Agriculture and Consumer Services
- Division of Administration
  - Department of Agriculture and Consumer Services, Division of Administration

Vol. 39, No. 57 (03/22/2013)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

2. Proposed Rules

3. Notices of Changes, Corrections and Withdrawals

4. Petitions and Dispositions Regarding Rule Variance or Waiver

5. Notices of Meetings, Workshops and Public Hearings

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

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

8. Notices Regarding Bids, Proposals and Purchasing

9. Miscellaneous

Classification