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Home » 2012 Issues » Vol. 38, No. 17 (04/27/2012) » The proposal will repeal all of the rules in Chapter 65B-38, F.A.C. These rules relate to a program no longer administered by the Department. The receiving agency did not want the rules transferred. The rules, therefore, are no longer necessary, and ...

  The proposal will repeal all of the rules in Chapter 65B-38, F.A.C. These rules relate to a program no longer administered by the Department. The receiving agency did not want the rules transferred. The rules, therefore, are no longer necessary, and ...  


  • DEPARTMENT OF CHILDREN AND FAMILY SERVICES
    Developmental Services Program
    RULE NO.: RULE TITLE:
    65B-38.001: Purpose and Intent
    65B-38.002: Definitions
    65B-38.003: General Standards
    65B-38.004: Responsibilities for Operation
    65B-38.005: License Required
    65B-38.006: Licensure Procedure
    65B-38.007: Admission Policies
    65B-38.011: Dietary Services
    65B-38.012: Drugs and Pharmaceutical Services
    65B-38.013: Dental Services
    65B-38.015: Training, Habilitation, Professional, and Special Programs and Services
    65B-38.018: Psychological Services
    65B-38.023: Administrative Management
    65B-38.024: Personnel Standards
    65B-38.025: Fiscal Standards
    65B-38.026: Plant Maintenance and Housekeeping
    65B-38.027: Rules of Procedures for Hearings
    65B-38.028: Life Safety and Fire Protection
    65B-38.030: Construction and Physical Environment Standards
    65B-38.032: Severability
    65B-38.033: Developmental Services Institutions and Developmental Services Funded Community Residential Facilities
    PURPOSE AND EFFECT: The proposal will repeal all of the rules in Chapter 65B-38, F.A.C. These rules relate to a program no longer administered by the Department. The receiving agency did not want the rules transferred. The rules, therefore, are no longer necessary, and the Department no longer has statutory authority to maintain them.
    SUMMARY: The Department is repealing these rules because they are unnecessary and the Department lacks statutory authority to maintain them.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS 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:
    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: 393.067. 393.051 FS.
    LAW IMPLEMENTED: 393.067, 393.051 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gregory Venz (850)488-2381 gregory_venz@dcf.state.fl.us

    THE FULL TEXT OF THE PROPOSED RULE IS:

    65B-38.001 Purpose and Intent.

    Rulemaking Authority 393.067(7), 393.501(1), (2) FS. Law Implemented 393.067, 393.13, 393.501, 633.01, 633.022, 633.05 FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.01, Amended 9-3-89, 12-7-92, Formerly 10D-38.001, Repealed ________.

     

    65B-38.002 Definitions.

    Rulemaking Authority 393.067(7), 393.501(1), (2) FS. Law Implemented 393.063, 393.065(2), 393.067, 393.17 FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.02, Amended 7-16-86, 9-3-89, 12-7-92, Formerly 10D-38.002, Repealed________.

     

    65B-38.003 General Standards.

    Rulemaking Authority 393.067(7), 393.501(1) FS. Law Implemented 393.063(10), (29), 419 FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.03, Amended 9-3-89, 12-7-92, Formerly 10D-38.003, Repealed________.

     

    65B-38.004 Responsibilities for Operation.

    Rulemaking Authority 393.067(7), 393.501(1) FS. Law Implemented 393.067(7), 393.13(2), 393.501(2), 393.062 FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.04, Amended 9-3-89, 12-7-92, Formerly 10D-38.004, Repealed________.

     

    65B-38.005 License Required.

    Rulemaking Authority 393.067(7), 393.501(1) FS. Law Implemented 393.067(7), 393.501(2) FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.05, Amended 9-3-89, 12-7-92. Formerly 10D-38.005, Repealed________.

     

    65B-38.006 Licensure Procedure.

    Rulemaking Authority 393.067(7), 393.501(1) FS. Law Implemented 393.0655, 393.067(4), (13), 393.501(2) FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, 5-13-86, Formerly 10D-38.06, Amended 7-16-86, 9-3-89, 10-6-91, 12-7-92, Formerly 10D-38.006, Repealed ________.

     

    65B-38.007 Admission Policies.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.065, 393.067, 393.13(3) FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.07, Amended 9-3-89, 12-7-92, Formerly 10D-38.007, Repealed________.

     

    65B-38.011 Dietary Services.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067 FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.11, Amended 9-3-89, Formerly 10D-38.011, Repealed ________.

     

    65B-38.012 Drugs and Pharmaceutical Services.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067, 465, 465.019, 499, 893 FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.12, Amended 9-3-89, 12-7-92, Formerly 10D-38.012, Repealed________.

     

    65B-38.013 Dental Services.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067(7) FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.13, Amended 9-3-89, 12-7-92, Formerly 10D-38.013, Repealed ________.

     

    65B-38.015 Training, Habilitation, Professional, and Special Programs and Services.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067(7), 393.13(2) FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.15, Amended 7-16-86, 9-3-89, 12-7-92, Formerly 10D-38.015, Repealed ________.

     

    65B-38.018 Psychological Services.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.065(2), 393.067 FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.18, Amended 9-3-89, Formerly 10D-38.018, Repealed ________.

     

    65B-38.023 Administrative Management.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067(7) FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.23, Amended 9-3-89, 12-7-92, Formerly 10D-38.023, Repealed ________.

     

    65B-38.024 Personnel Standards.

    Rulemaking Authority 393.067(7), 381.0035(4) FS. Law Implemented 393.067(7), 393.13(2)(c), 381.0035(1), (2), (3) FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.24, Amended 7-16-86, 9-3-89, 12-7-92, Formerly 10D-38.024, Repealed________.

     

    65B-38.025 Fiscal Standards.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.13(3), (4)(b), 393.067(10), 402.17(2) FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.25, Amended 12-7-92, Formerly 10D-38.025, Repealed________.

     

    65B-38.026 Plant Maintenance and Housekeeping.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067 FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.26, Amended 9-3-89, Formerly 10D-38.026, Repealed________.

     

    65B-38.027 Rules of Procedures for Hearings.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.125 FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.27, Amended 9-3-89, 12-7-92, Formerly 10D-38.027, Repealed ________.

     

    65B-38.028 Life Safety and Fire Protection.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067(7) FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.28, Amended 9-3-89, 12-7-92, Formerly 10D-38.028, Repealed ________.

     

    65B-38.030 Construction and Physical Environment Standards.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067(7), 553, Part V FS. History–New 12-1-78, Amended 7-7-81, 9-20-82, Formerly 10D-38.30, Amended 9-3-89, 12-7-92, Formerly 10D-38.030, Repealed________.

     

    65B-38.032 Severability.

    Rulemaking Authority 393.067(7) FS. Law Implemented 393.067 FS. History–New 12-1-78, Amended 7-7-81, Formerly 10D-38.32, 10D-38.032, Repealed ________.

     

    65B-38.033 Developmental Services Institutions and Developmental Services Funded Community Residential Facilities.

    Rulemaking Authority 393.067(7), 393.501(1) FS. Law Implemented 393.067(7), 393.067(19) FS. History–New 12-7-92, Formerly 10D-38.033, Repealed ________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Gregory D. Venz, Assistant General Counsel
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 7, 2011

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Document Information

Comments Open:
4/27/2012
Summary:
The Department is repealing these rules because they are unnecessary and the Department lacks statutory authority to maintain them.
Purpose:
The proposal will repeal all of the rules in Chapter 65B-38, F.A.C. These rules relate to a program no longer administered by the Department. The receiving agency did not want the rules transferred. The rules, therefore, are no longer necessary, and the Department no longer has statutory authority to maintain them.
Rulemaking Authority:
393.067. 393.051 FS.
Law:
393.067, 393.051 FS.
Contact:
Gregory Venz (850)488-2381 gregory_venz@dcf.state.fl.us
Related Rules: (15)
65B-38.001. Purpose and Intent
65B-38.002. Definitions
65B-38.003. General Standards
65B-38.004. Responsibilities for Operation
65B-38.005. License Required
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