Vol. 44, No. 90 (05/08/2018)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Juvenile Justice
  • Residential Services
    • The new rule sections reorganize, substantially amend and replace the existing rule sections governing the operation of residential facilities for delinquent juveniles. Reference to items that are now treated elsewhere, such as transition, medical ...
• Agency for Health Care Administration
  • Medicaid
    • The purpose of the amendment to Rule 59G-8.600, Florida Administrative Code, (F.A.C.), is to clarify the good cause reasons for which an enrollee may request to change managed care plans. The amendment updates citations from Title 42, Code of ...
• Department of Juvenile Justice
  • Detention Services
    • Amending subsection (9) pertaining to visitation and tours of facilities, to accommodate ch. 2018-47, Laws of Florida, which will be codified as section 985.6885.
• Department of Transportation
  • Departmental
    • To clarify requirements for permitting of driveway connections to the state highway system.
• Agency for Health Care Administration
  • Medicaid
    • The purpose of the amendment to Rule 59G-1.100, Florida Administrative Code (F.A.C.), is to update the policy regarding jurisdiction and corrective action.
• Department of Health
  • Council of Licensed Midwifery
    • To update the rule to adopt the form for reporting adverse incidents as required by recently enacted legislation.

2. Proposed Rules

• Agency for Health Care Administration
  • Medicaid
    • The purpose of Rule 59G-1.052, Florida Administrative Code, is to specify Florida Medicaid’s notice requirements and reimbursement policy when a recipient has third-party liability coverage.
      • Due of Comment: 5/29/2018
• Fish and Wildlife Conservation Commission
  • Marine Fisheries
    • The purpose of this rule is to provide protection of the subtidal oyster reef units constructed as part of the West Bay Estuarine Habitat Project. In 2015, the Commission’s Aquatic Habitat Conservation and Restoration Section began constructing ...
      • Due of Comment: 5/29/2018
• Florida Housing Finance Corporation
  • Departmental
    • The purpose of this Rule Chapter is to establish the procedures by which the Corporation shall: (1) Administer the competitive solicitation funding process to make and service mortgage loans for new construction or rehabilitation of affordable ...
      • Due of Comment: 5/29/2018
    • The purpose of this Rule Chapter is to establish the procedures by which the Corporation shall: (1) Administer the Application process, determine bond allocation amounts and implement the provisions of the Multifamily Mortgage Revenue Bond (MMRB) ...
      • Due of Comment: 5/29/2018
    • The purpose of this Rule Chapter is to establish the procedures by which the Corporation shall: (1) Address loan amounts, make and service mortgage loans for new construction or rehabilitation of affordable rental units under the State Apartment ...
      • Due of Comment: 5/29/2018
• Department of Health
  • Board of Clinical Laboratory Personnel
    • The Board proposed the rule amendment to update licensing exam and experience/training requirements.
      • Due of Comment: 5/29/2018

3. Notices of Changes, Corrections and Withdrawals

• Department of Business and Professional Regulation
  • Drugs, Devices and Cosmetics
    • Application for Third Party Logistics Provider Permit
  • Florida Real Estate Appraisal Board
    • Disciplinary Guidelines

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Health
  • Board of Nursing
    • variance or waiver filed by Genesis Vocational Institute, from Rule 64B9-15.005, F.A.C., with regard to the program’s passing rate required by the rule. Comments on this petition should be filed with the Board of Nursing, Joe R. Baker, Jr, ...
• Department of Business and Professional Regulation
  • Construction Industry Licensing Board
    • variance and waiver, filed by Chris Beck. The Petitioner is seeking a variance or waiver of Rule 61G4-16.009, F.A.C., regarding the requirement that all portions of the exam must be completed in 4 years of the first attempt. Comments on this ...
  • Division of Hotels and Restaurants
    • On April 17, 2018 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from D&D Restaurants Inc. located in Port ...
    • On April 26, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Section 3-305.14, 2009 FDA Food Code, Section 6-202.15, 2009 FDA Food Code, Section 6-202.16, ...
    • The Factory at 1902 N Aveinda Republica De Cuba, Tampa, FL. Petitioner seeks an emergency variance of the requirements of Rule 2.7.3.4, ASME A17.1, as adopted by 61C-5.001, Florida Administrative Code that requires the machine room door to be a ...
    • an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code from Lauderdale F&B Partners located in Fort Lauderdale. The above referenced ...
• Florida Housing Finance Corporation
  • Departmental
    • On May 4, 2018, the Florida Housing Finance Corporation issued an order granting waiver of Rule 67-48.004(3)(g), F.A.C. (2016) for Parramore Oaks, LLC, so that the Development Type will continue to be designated as Mid-Rise, 4 stories, but that it ...
    • On May 4, 2018, the Florida Housing Finance Corporation issued an order granting waiver of Rule 67-48.0072(4)(c), F.A.C. for Woodland Park Redevelopment, LLC, extending the SAIL loan closing deadline from May 6, 2018 until November 6, 2018. Florida ...
    • On May 4, 2018, the Florida Housing Finance Corporation issued an order granting waiver of Rule 67-48.004(3)(g) and 67-21.003(8)(g), F.A.C. for Caribbean Village, Ltd., granting the change in development type from "Mid-Rise 5-6 stories" to "High ...
• 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 Gourmet on Demand LLC located in Miami. The above referenced F.A.C. addresses the requirement that at least ...
  • Board of Accountancy
    • variance or waiver filed by Yadira Monzon, seeking a variance or waiver of Rule 61H1-27.002(2)(a), Florida Administrative Code, that requires for purposes of Section 473.308, F.S., that an applicant must have at least 150 semester hours or 225 ...
    • variance or waiver filed by Zahira Rivera Cosme, seeking a variance or waiver of Rule 61H1-27.002(3)(a), Florida Administrative Code, which requires that to be eligible to take the licensure examination, an applicant shall have completed 120 ...

5. Notices of Meetings, Workshops and Public Hearings

• Other Agencies and Organizations
  • The Valerin Group, Inc.
    • Financial Management No.: 439138-1-52-01 A public information meeting is being held regarding the resurfacing project for State Road (S.R.) 19/South Bay Street from Norton Avenue to Lake Saunders Drive, in Eustis, Lake County. The proposed ...
      • Hearing Meeting: Eustis Community Center 601 Northshore Drive Eustis, FL 32726
• Department of Elder Affairs
  • Division of Volunteer and Community Services
    • The presenters will discuss elder abuse, neglect, exploitation, fraud prevention, and the importance of increasing awareness in the community.; June 7, 2018, 9:00 a.m. – 12:30 p.m; Woman’s Club of Tallahassee 1513 Cristobal Drive Tallahassee, FL ...
      • Hearing Meeting: Woman’s Club of Tallahassee 1513 Cristobal Drive Tallahassee, FL 32303
• Department of Health
  • Board of Dentistry
    • To conduct a fact-finding workgroup meeting.; May 17, 2018 at 9:00 a.m. ET; Florida Department of Health 4042 Bald Cypress Way Room 310S Tallahassee, FL 32399 (850) 245- 4474
      • Hearing Meeting: Florida Department of Health 4042 Bald Cypress Way Room 310S Tallahassee, FL 32399 (850) 245- 4474
• Other Agencies and Organizations
  • HNTB
    • The Florida Department of Transportation (FDOT), District One, is holding a public workshop regarding proposed roundabout designs at the intersections of SR 72/Clark Road at Ibis Street/Talon Boulevard and SR 72/Clark Road at Proctor Road/Dove ...
      • Hearing Meeting: Green Building at Twin Lakes Park UF IFAS Extension Sarasota County 6700 Clark Road Sarasota, FL 34241
• Department of Education
  • Division of Florida Colleges
    • To review the 2017-2018 expenditures to date.; June 6, 2018, 10:00 a.m.; College of Central Florida, Klein Century Center, Room 101. Teleconference available at the Citrus Campus, Bldg C4, Room 105, and also at the Levy Campus, Drummond Conference ...
      • Hearing Meeting: College of Central Florida, Klein Century Center, Room 101. Teleconference available at the Citrus Campus, Bldg C4, Room 105, and also at the Levy Campus, Drummond Conference Room A (Room 105).
• Fish and Wildlife Conservation Commission
  • Departmental
    • Finance & Audit Committee of the Fish & Wildlife Foundation of Florida will be reviewing the operating budget, investment, and financial reports of the Foundation.; Tuesday, May 22, 2018; from 2:00 p.m. – 4:00 p.m.; The public may participate in the ...
      • Hearing Meeting: The public may participate in the call in Suite 100, Marathon Building, 2574 Seagate Dr. Tallahassee. Please call 850-921-1144 for admittance into the Marathon Building.
• Department of Elder Affairs
  • Departmental
    • General updates on departmental programs.; Monday, May 14, 2018, 10:00 a.m. – 11:00 a.m. (Eastern); The telephone conference call number is: 1-888-670-3525, and the participant conference code is: 962 076 0613
      • Hearing Meeting: The telephone conference call number is: 1-888-670-3525, and the participant conference code is: 962 076 0613
• Commission for the Transportation Disadvantaged
  • Departmental
    • To discuss regular Commission business. Dial-in Number: 888.670.3525 Conference Code: 7993168355 ; May 23, 2018, 9:00 a.m. until completion; 2740 Centerview Dr, Tallahassee, FL 32301 Suite 1A
      • Hearing Meeting: 2740 Centerview Dr, Tallahassee, FL 32301 Suite 1A
• 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.; May 16, 2018, 9:30 a.m.; Reemployment Assistance Appeals Commission, ...
      • Hearing Meeting: Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
• Department of Health
  • Board of Dentistry
    • Members of the Anesthesia Committee will hold a fact finding workgroup meeting.; May 17, 2018, 9:00 a.m. ET; 4042 Bald Cypress Way, Room 310S, Tallahassee, Florida 32399
      • Hearing Meeting: 4042 Bald Cypress Way, Room 310S, Tallahassee, Florida 32399
• Water Management Districts
  • Southwest Florida Water Management District
    • The South Florida, St. Johns River, and Southwest Florida water management districts are conducting independent scientific peer review of their work to expand the East Central Florida Transient Groundwater Model in support of the 2020 Regional Water ...
      • Hearing Meeting: Teleconference: call-in number: 1(855)682-6800, participant code: 995943408.
• Department of Health
  • Board of Massage Therapy
    • General Business of the Board; Tuesday, May 29th, 2018; 9:30am; Meet Me phone number: 1(888)670-3525, participation code: 2597709961
      • Hearing Meeting: Meet Me phone number: 1(888)670-3525, participation code: 2597709961
• Regional Planning Councils
  • North Central Florida Regional Planning Council
    • To conduct the regular business of the Nominating Committee of the North Central Florida Regional Planning Council.; May 15, 2018 at 3:30 p.m.; North Central Florida Regional Planning Council Office, 2009 NW 67th Place, Gainesville, Florida.
      • Hearing Meeting: North Central Florida Regional Planning Council Office, 2009 NW 67th Place, Gainesville, Florida.
    • To conduct the regular business of the Finance Committee of the North Central Florida Regional Planning Council.; May 15, 2018 at 2:30 p.m.; North Central Florida Regional Planning Council Office, 2009 NW 67th Place, Gainesville, Florida.
      • Hearing Meeting: North Central Florida Regional Planning Council Office, 2009 NW 67th Place, Gainesville, Florida.
  • Central Florida Regional Planning Council
    • Regular quarterly meeting of the Local Emergency Planning Committee (LEPC) and/or its subcommittees, to discuss provisions of the Emergency Planning Community Right-to-Know program. Items pertaining to the State Emergency Response Commission (SERC) ...
      • Hearing Meeting: ACT Environmental & Infrastructure, Training Center, 1875 West Main Street, Bartow, FL 33830
    • Regular meeting of the Heartland Regional Transportation Planning Organization (HRTPO) Citizens Advisory Committee (CAC).; May 24, 2018, 2:00 p.m.; DeSoto County Administration Building, Commission Board Room, 201 East Oak Street, Arcadia, FL
      • Hearing Meeting: DeSoto County Administration Building, Commission Board Room, 201 East Oak Street, Arcadia, FL

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Advinity, LLC; Please note this is not a new Notice of Petition for Declaratory Statement. This Notice of Petition is an amendment to the Notice of Petition published on May 4, 2018, Volume 44/88. The issue needing determination is whether or ...
• Department of Health
  • Board of Medicine
    • Tristan Soyka, RD LD,; The Notice of Petition for Declaratory Statement was published in Volume 43, No. 213, of the November 2, 2017, Florida Administrative Register. Petitioner inquired as to whether under Section 468.503(5), F.S., if a licensed ...
    • Eleni Begetis, MS, RDN, LDN,; The Notice of Petition for Declaratory Statement was published in Volume 43, No. 213, of the November 2, 2017, Florida Administrative Register. Petitioner inquired as to whether under Section 468.503(5), F.S., if a ...
    • Rachelle Baker, RD, LDN, CNSC; The Notice of Petition for Declaratory Statement was published in Volume 43, No. 213, of the November 2, 2017, Florida Administrative Register. Petitioner inquired as to whether under Section 468.503(5), F.S., if a ...
    • Janet Carmen, MS, RD, LDN; The Notice of Petition for Declaratory Statement was published in Volume 43, No. 213, of the November 2, 2017, Florida Administrative Register. Petitioner inquired as to whether under Section 468.503(5), F.S., if a ...
• Department of Business and Professional Regulation
  • Division of Florida Condominiums, Timeshares and Mobile Homes
    • D’Wayne Spence, Esq. on behalf of Robey Cornelius, In Re: Topaz South Condominium Association, Inc., Docket No. 2018007873,; The Division declined to issue a statement because it cannot interpret the Association’s governing documents, or issue a ...
• Department of Financial Services
  • Division of Funeral, Cemetery, and Consumer Services
    • Charlotte Funeral Services, LLC (Charlotte); The petition has requested a declaratory statement regarding whether, and to what extent, Charlotte may, under the facts presented, reform an irrevocable preneed funeral contract where the contract has ...

7. Notices Regarding Bids, Proposals and Purchasing

• Department of Environmental Protection
  • Departmental
    • Department of Environmental Protection, Departmental
    • Department of Environmental Protection, Departmental
    • Department of Environmental Protection, Departmental
• Department of Management Services
  • Division of Building Construction
    • Department of Management Services, Division of Building Construction

8. Miscellaneous

• Department of Health
  • Board of Medicine
    • Department of Health, Board of Medicine
  • Board of Nursing
    • Department of Health, Board of Nursing
• Other Agencies and Organizations
  • CITY OF OLDSMAR
    • Other Agencies and Organizations, CITY OF OLDSMAR
• Department of Financial Services
  • FSC - Financial Institution Regulation
    • Department of Financial Services, FSC - Financial Institution Regulation
• 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 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 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 Highway Safety and Motor Vehicles, Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
• Department of State
  • Departmental
    • Department of State, Departmental