Vol. 42, No. 66 (04/05/2016)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Children and Families
  • Mental Health Program
    • PURPOSE AND EFFECT: Through this promulgation, the Department is proposing rules that will implement the Legislature’s expansion of the scope of practice of psychiatric nurses and will revise and adopt forms used in the management and documentation ...
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • To add the new license type for the Culinary Education Programs and adopt the license application.
    • To set the license fees for the new license type for the Culinary Education Programs.
• Department of Children and Families
  • Family Safety and Preservation Program
    • The Department intends to amend Rule 65C-29.003, F.A.C., to clarify: 1) The responsibilities of the child protective investigator when a child cannot remain in the home without safety management; and 2) The least intrusive protective actions.
    • Section 61.21(3)(e), F.S., requires the Department to adopt rules to administer the Parent Education and Family Stabilization Course. The Department intends to amend Rule 65C-32.004 to accomplish the following tasks: 1) Change the title of the rule;...
• Department of Health
  • Board of Optometry
    • The Board proposes the rule amendment to 64B13-3.002, F.A.C. to delete language that is a restatement of subsection 456.057(2), F.S., and to renumber the rule accordingly; the proposed amendment to 64B13-3.006, F.A.C. is to delete language that is ...
• Commission on Ethics
  • Departmental
    • The purpose of this rulemaking is to amend forms to reflect a legislative change as certain gifts from agency vendors and to reflect legislative deletion of the terms "committees of continuous existence" and "Technological Research and Development ...
• Department of Education
  • State Board of Education
    • The proposed rule removes Teaching Strategies Gold as an approved pre- and post-assessment for Voluntary Prekindergarten “VPK”. This change is necessary because 2016 legislative action did not fund the assessment. Additionally, the proposal requires ...

2. Proposed Rules

• Department of Education
  • State Board of Education
    • The purpose is to repeal Rule 6A-1.0402, F.A.C. The effect is to remove a rule from the Florida Administrative Code that is no longer needed.
      • Due of Comment: 4/26/2016
    • The purpose is to repeal Rule 6A-6.012, F.A.C. The effect is to remove a rule from the Florida Administrative Code that contains outdated terms and requirements and for which numerous statutory provisions exist authorizing the operation and ...
      • Due of Comment: 4/26/2016
    • To repeal Rule 6A-10.0381, F.A.C.
      • Due of Comment: 4/26/2016
• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • The Commission proposes the rule amendment to delete reference to items of prohibited clothing.
      • Due of Comment: 4/26/2016
• Department of Education
  • State Board of Education
    • To implement the changes enacted in section 1009.23, F.S. The effect will be a rule consistent with governing law.
      • Due of Comment: 4/26/2016
    • Add clarifying language on student withdrawal and forgiveness information.
      • Due of Comment: 4/26/2016
    • To implement the changes enacted in Section 1011.01, F.S. The effect will be a rule consistent with governing law.
      • Due of Comment: 4/26/2016
    • To align the rule with changes in House Bill 7069. The effect is a rule aligned with Florida Statutes.
      • Due of Comment: 4/26/2016
    • The purpose is to repeal Rule 6A-6.0312, F.A.C. The effect is to remove a rule from the Florida Administrative Code that is no longer needed.
      • Due of Comment: 4/26/2016

3. Notices of Changes, Corrections and Withdrawals

• Department of Children and Families
  • Family Safety and Preservation Program
    • Application and Licensing Study
• Department of Health
  • Board of Optometry
    • Administration and Prescription of Ocular Pharmaceutical Agents

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Florida Housing Finance Corporation
  • Departmental
    • Waiver from Garden Vista Preservation, LP., requesting a Waiver of/or Variance from Rule 67-21.003(8)(j)FAC to allow a Decrease in Total Set-Aside Percentage for Application No. 2014-527C Garden Vista Apartments.
• Department of Health
  • Division of Environmental Health
    • Variance from Florida Administrative Code subsection 64E-19.004(14), from Scott A. Thompson, New York Tattoo Company Inc., 1480 NE Pine Island Rd, Unit 1D, Cape Coral, FL 33909. This rule states, “There shall not be a direct opening between a body ...
    • On October 27, 2015, the Department of Health received the Petitioner’s Request for a variance filed on October 27, 2015, by Peter Schmid, representing Blu Sushi Express LLC. Petitioner sought a variance from subsection 64E-11.004(2), Florida ...
  • Board of Chiropractic Medicine
    • petition for variance or waiver filed by Jeffrey Brian Pittenger, DC. The Petitioner is seeking an emergency variance or waiver of Rule 64B2-13.004(1), F.A.C., which requires for the purpose of renewing a license, an applicant must demonstrate to ...
  • Board of Optometry
    • variance or waiver filed by Akram Masood, from Rule 64B13-4.001(2), F.A.C., regarding the requirement that applicants for licensure must have achieved all three portions of Part III on the same test attempt score of 75% or better on all 4 parts of ...
• Water Management Districts
  • Southwest Florida Water Management District
    • a variance or waiver. Petitioner’s Name: Tudor Cay Condominium Association, Inc. 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. 16-4218.

5. Notices of Meetings, Workshops and Public Hearings

• Department of Transportation
  • Departmental
    • This meeting is being held to afford interested persons the opportunity to express their views concerning the location, conceptual design, social, economic and environmental effects of Financial Project ID: 434038-1 and 435780-1, otherwise known as ...
      • Hearing Meeting: Bradford County Library, 456 Pratt Street, Starke, FL 32097
• Executive Office of the Governor
  • Division of Emergency Management
    • In accordance with the timeframe set forth in section 120.525, Florida Statutes, a Public Opening is hereby noticed within the timeline for the Invitation to bid (ITB-DEM-15-16-060) for FDEM Food and Beverage Service The Division reserves the ...
      • Hearing Meeting: William E. Sadowski Office Building 2555 Shumard Oak Blvd, Room 120L Tallahassee, FL 32399
    • In accordance with the timeframe set forth in section 120.525, Florida Statutes, a Public Opening is hereby noticed within the timeline for the Invitation to bid (ITB-DEM-15-16-068) for FDEM WebEOC Platform Products The Division reserves the ...
      • Hearing Meeting: William E. Sadowski Office Building 2555 Shumard Oak Blvd, Room 120L Tallahassee, FL 32399
• Department of Management Services
  • Commission on Human Relations
    • The purpose of the meeting is for the Commission to vote on the disposition of cases pending before it for decision.; Thursday, May 5, 2016, at 10 a.m. ET.; Call 1 (888) 670-3525 and when prompted, enter passcode 1760507820, followed by the # key.
      • Hearing Meeting: Call 1 (888) 670-3525 and when prompted, enter passcode 1760507820, followed by the # key.
• Department of Education
  • Division of Florida Colleges
    • Regular Meeting; Tuesday, April 12, 2016; AO, Board Room 405
      • Hearing Meeting: AO, Board Room 405
• Department of Highway Safety and Motor Vehicles
  • Departmental
    • The Motorist Modernization Advisory Board is meeting to receive an update on Phase 1 of the Motorist Modernization Program. System functionality and requirements will also be presented to the group for consideration and input. AGENDA • Roll Call ...
      • Hearing Meeting: Neil Kirkman Building, Training Room B-130, 2900 Apalachee Parkway, Tallahassee Florida 32399, GoToMeeting call-in information is also provided below.
• Other Agencies and Organizations
  • Florida Independent Living Council
    • COMMITTEE AND TASK FORCE MEETINGS: Please note that committees and task forces of the Florida Independent Living Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted ...
      • Hearing Meeting: CENTER FOR INDEPENDENT LIVING OF NC FLORIDA 222 SW 36th Terrace Gainesville, FL 32607
• Florida Commission on Offender Review
  • Departmental
    • Regularly scheduled meeting has been cancelled.; Notice of Meeting Cancellation: Wednesday, April 27, 2016 & Thursday, April 28, 2016 at 9:00a.m.; Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, FL 32399-2450
      • Hearing Meeting: Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, FL 32399-2450
• Other Agencies and Organizations
  • Foundation for Indigent Guardianship
    • General Business Meeting; April 13, 2016, 10:00 am EST; Telephone Conference Call
      • Hearing Meeting: Telephone Conference Call
• Department of Health
  • Board of Optometry
    • For cases previously heard by the panel.; Wednesday, April 20, 2016, commencing at 1:00 p.m., at meet me number (888) 670-3525, participant code 7342425515.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257.
      • Hearing Meeting: Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257.
• Agency for Health Care Administration
  • Medicaid
    • Medical Care Advisory Committee (MCAC) Meeting to include subcommittee breakout sessions from 1:00p.m. - 2:00p.m. and a discussion on the MMA Physician Compensation Program from 2:00p.m. - 4:00p.m. Operator assisted phone access will be ...
      • Hearing Meeting: Agency for Health Care Administration 2727 Mahan Drive Tallahassee, FL 32308
• Regional Planning Councils
  • West Florida Regional Planning Council
    • Regular business of the committee.; April 20, 2016, 3:00 p.m.; West Florida Regional Planning Council 4081 E Olive Road Suite A Pensacola, FL 32514
      • Hearing Meeting: West Florida Regional Planning Council 4081 E Olive Road Suite A Pensacola, FL 32514
  • Treasure Coast Regional Planning Council
    • To conduct a meeting of Council's Treasure Coast Local Emergency Planning Committee.; May 5, 2016, 10:00 a.m.; City of Stuart Fire Rescue, 800 SE Martin Luther King Jr. Boulevard, Stuart, FL 34994
      • Hearing Meeting: City of Stuart Fire Rescue, 800 SE Martin Luther King Jr. Boulevard, Stuart, FL 34994
    • To conduct a meeting of Council's Comprehensive Economic Development Strategy (CEDS) Committee.; May 12, 2016, 2:00 p.m.; Treasure Coast Regional Planning Council Offices, 421 SW Camden Ave., Stuart, FL 24994
      • Hearing Meeting: Treasure Coast Regional Planning Council Offices, 421 SW Camden Ave., Stuart, FL 24994
• Department of Agriculture and Consumer Services
  • Florida Forest Service
    • To solicit comments on management of the Wakulla State Forest. To allow the Wakulla State Forest Management Plan Advisory Group to review comments from the public hearing and provide recommendations to the FFS to help in preparation of a management ...
      • Hearing Meeting: Wakulla Springs State Park, Wakulla Springs Lodge, Dogwood Room, 550 Wakulla Park Drive, Crawfordville, Florida 32327
• Other Agencies and Organizations
  • Infinite Source Communications Group, LLC
    • The Florida Department of Transportation (FDOT) District Six will hold a public meeting for a roadway and drainage improvement project along State Road (SR) 907/Alton Road from Michigan Avenue to South of 43 Street, in Miami-Dade County, to discuss ...
      • Hearing Meeting: Miami Beach Golf Club, 2301 Alton Road, Miami Beach, FL 33140
  • Florida Commission on Access to Civil Justice
    • The Subcommittee will review and discuss 1) Whether or not to request research materials from Vision 2016 (referral to the Subcommittee); and 2. Discussion of the drafting of subcommittee’s section of the final report to the Supreme Court. ; ...
      • Hearing Meeting: To hear the conference please dial 1-888-376-5050 and use participant code 4533883354#
• 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: South Florida Regional Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, FL 33021

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Business and Professional Regulation
  • Board of Architecture and Interior Design
    • Daniel F. Joy, AIA, filed on March 17, 2016.; The Petitioner seeks a declaratory statement from the Board with regard to Rule 61G1-18.002, F.A.C., regarding the correct protocol to be followed by a registered architect hired to complete an interior ...
  • Florida Real Estate Commission
    • Robert D. Ross, on behalf of Continental Realty Services, Inc; The petition seeks the Commission’s opinion on the legality of paying a homeowner for a listing upon signing of the listing agreement.
    • Scott H. Jackman; The Notice of Petition for Declaratory Statement was published in Vol. 41, No. 238, of the December 10, 2015, Florida Administrative Register. The Commission considered the Petition at a duly-noticed public meeting held on January ...

7. Notices Regarding Bids, Proposals and Purchasing

• Department of Juvenile Justice
  • Departmental
    • Department of Juvenile Justice, Departmental

8. Miscellaneous

• Department of Highway Safety and Motor Vehicles
  • Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
• Department of Revenue
  • Sales and Use Tax
    • Department of Revenue, Sales and Use Tax