Vol. 35, No. 23 (06/12/2009), Florida Administrative Register

Vol. 35, No. 23 (06/12/2009)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

Department of Environmental Protection
- Departmental
  - The Department proposes to amend Rule 62-4.244 of the Florida Administrative Code (F.A.C.) to allow for mixing zones for nutrients in those waterbodies that have numeric criteria established in Chapter 62-302, F.A.C. This is included as part of the ...
Department of Community Affairs
- Division of Community Planning
  - The purpose and effect are to adopt by rule a phased schedule for adoption of the local government evaluation and appraisal report.
State Board of Administration
- Departmental
  - To discuss proposed amendments to Rule 19-8.010, F.A.C., Reimbursement Contract.
Department of Financial Services
- Division of Funeral, Cemetery, and Consumer Services
  - Section 497.103(2), F.S., gives the Department the authority to prescribe the forms and procedures to be used by applicants in submitting applications for licensure pursuant to Chapter 497, F.S. The proposed rule sets forth the Department’s ...
Department of Business and Professional Regulation
- Construction Industry Licensing Board
  - The Board proposes to review the rule to delete any unnecessary language and to add new language to clarify the procedures for registration of course providers.
  - The Board proposes to review the rule to delete unnecessary language and to add new language to clarify continuing education seminars.
- Division of Alcoholic Beverages and Tobacco
  - The purpose and effect of the proposed rule amendment is to clarify how the Division determines estimated monthly tax liability as it relates to calculating the amount of surety bond required for cigarette dealers.
Department of Financial Services
- Division of Workers' Compensation
  - The purpose and effect of the proposed rule development is to amend the rule to adopt by reference the 2009 Edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals, replacing the 2006 Edition of the Florida Workers’ ...

2. Proposed Rules

Department of Health
- Division of Emergency Preparedness and Community Support
  - The purpose is to update DH Forms 631, Ground Ambulance Service Provider License Application, 1575, Air Ambulance Service License Application, and 1576, Application for Air Ambulance Permit to require the provider’s identification number and air ...
    - Due of Comment: 7/3/2009
Water Management Districts
- Southwest Florida Water Management District
  - The purpose and effect of this rulemaking is to list a newly adopted Water Use Permit Application Form – Mining and Dewatering, Form No. LEG-R.032.01 (5/09), which is incorporated by reference in paragraph 40D-2.101(2)(d), F.A.C.
    - Due of Comment: 7/3/2009
  - The purpose of this rulemaking is to adopt and incorporate by reference a new Water Use Permit Application Form – Mining and Dewatering, Form No. LEG-R.032.01 (5/09). The effect will be that applicants will submit only one detailed water use permit ...
    - Due of Comment: 7/3/2009
Department of Elder Affairs
- Community Care for the Elderly
  - The purpose of the proposed rule is to comply with Section 430.203(9)(a), F.S. The statute requires the department to adopt a rule creating a dispute resolution mechanism for substantially affected parties to protest an area agency on aging’s intent ...
    - Due of Comment: 7/3/2009
Department of Management Services
- Agency for Workforce Innovation
  - To implement the authority of the Agency for Workforce Innovation to adopt a rule related to advance payment of early learning coalitions and Voluntary Prekindergarten Education (VPK) providers in conformance with recently revised legislation.
    - Due of Comment: 7/3/2009
Department of Health
- Board of Medicine
  - The proposed rule amendment is intended to add to the penalty language with regard to CME violations.
    - Due of Comment: 7/3/2009
- Board of Osteopathic Medicine
  - The proposed rule amendment is intended to add to the penalty language with regard to CME violations.
    - Due of Comment: 7/3/2009
Water Management Districts
- Southwest Florida Water Management District
  - The purpose of this rulemaking is to revise and update District rules governing permit application procedures and permit processing timeframes. The overall effects will be to improve permit processing procedures, make District permit application ...
    - Due of Comment: 7/3/2009
Department of Business and Professional Regulation
- Construction Industry Licensing Board
  - The Board proposes the rule amendment to correct references to Section 489.129(1), Florida Statutes and to add new reference and language.
    - Due of Comment: 7/3/2009
  - The Board proposes the rule amendment to update the forms and reincorporate them by reference.
    - Due of Comment: 7/3/2009
Department of Education
- State Board of Education
  - The purpose of this rule amendment is to adopt the 2009-2010 “Comprehensive Industry Certification List” and the 2009-2010 “Industry Certification Funding List.”
    - Due of Comment: 7/3/2009
  - The purpose of this rule amendment is to update the tests for educational functioning levels and to clarify that the tests are to be used for reporting of learning gains, in addition to the placement of a student in an adult general education ...
    - Due of Comment: 7/3/2009
Department of Financial Services
- Division of Workers' Compensation
  - To amend the rule to adopt revised reference manuals for medical billing, filing, and reporting, including the Florida Workers’ Compensation Medical EDI Implementation Guide (MEIG), 2009; the 2009 ICD-9-CM Professional for Hospitals, Volumes 1, 2 ...
    - Due of Comment: 7/3/2009
Water Management Districts
- Southwest Florida Water Management District
  - To make more consistent the year-round water conservation regulations relating to landscape irrigation among the District, the St Johns River Water Management District (SJRWMD) and the South Florida Water Management District (SFWMD). Consistency of ...
    - Due of Comment: 7/3/2009
Agency for Health Care Administration
- Health Facility and Agency Licensing
  - This rule revision will clarify application procedures and forms to be used in licensure of hospital adult cardiovascular services programs.
    - Due of Comment: 7/3/2009
Department of Health
- Board of Physical Therapy Practice
  - The Board proposes the rule amendment for incorporation of revised form.
    - Due of Comment: 7/3/2009
  - The Board proposes the rule amendment for incorporation of revised form.
    - Due of Comment: 7/3/2009
Department of Children and Families
- Agency for Persons with Disabilities
  - The purpose of the proposed rulemaking is to clarify existing language and includes incorporation of information collected in the “Operational Detail.”
    - Due of Comment: 7/3/2009
Department of Health
- Board of Physical Therapy Practice
  - The Board proposes the rule amendment for incorporation of a revised form.
    - Due of Comment: 7/3/2009
  - The Board proposes the rule amendments for incorporation of revised forms.
    - Due of Comment: 7/3/2009
  - The Board proposes the rule amendments for incorporation of revised forms.
    - Due of Comment: 7/3/2009
  - The Board proposes the rule amendment for a revised form.
    - Due of Comment: 7/3/2009

3. Notices of Changes, Corrections and Withdrawals

Department of Financial Services
- Division of Accounting and Auditing
  - Procedures for Local Government Reporting
Department of Education
- State Board of Education
  - Florida Teacher Certification Examinations
Agency for Health Care Administration
- Certificate of Need
  - Certificate of Need Application Procedures
- Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals
  - Inpatient Data Reporting and Audit Procedures
  - Reporting Instructions.
Department of Financial Services
- Finance
  - Electronic Filing of Forms and Fees
  - Electronic Filing of Forms and Fees
Department of Management Services
- Agency for Workforce Innovation
  - Voluntary Prekindergarten Program Substitute Instructors
Department of Business and Professional Regulation
- Board of Pilot Commissioners
  - Percentage of Gross Pilotage Assessed

4. Emergency Rules

State Board of Administration
- Departmental
  - Reimbursement Contract
Department of Legal Affairs
- Division of Victim Services and Criminal Justice Programs
  - Claims

5. Petitions and Dispositions Regarding Rule Variance or Waiver

Department of Environmental Protection
- Departmental
  - The order, OGC No.: 09-0097, granted a petition for variance received on January 14, 2009, from Emerald Coast Utilities Authority (“Petitioner”) to reduce the water treatment plant staffing requirements in paragraph 62-699.310(2)(e) and subsection ...
Department of Children and Families
- Family Safety and Preservation Program
  - waiver of subsection 65C-15.017(2), Florida Administrative Code, from Gulf Coast Community Care and Susanne Ellis, Derrick Kowal and Kelcey Ogrodny assigned Case No. 09-018W. Subsection 65C-15.017(2), F.A.C., requires agency staff responsible for ...
Department of Health
- Division of Environmental Health
  - variance from Daniel Hernandez, Esq., representing Infiltrator Systems, Incorporated. Specifically, the petitioner seeks a variance from 64E-6.009(7), (7)(a) and (7)(d), Florida Administrative Code, which require that after innovative system ...
- Board of Medicine
  - waiver or variance filed by Vitaly Siomin, M.D., from subsection 64B8-4.009(5), F.A.C., with regard to the requirement for submission of documentation of medical education directly from Petitioner’s medical school. Comments on this petition should ...
Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - a temporary variance from Rule 3.11.3, A17.3, 1996 which requires Fire Fighter Service Phase 1 and 2 from Stacia Scofero on behalf of Ironwood Twelfth Condominium Association in Sarasota (VW 2009-117).
Department of Environmental Protection
- Departmental
  - a variance from the requirements of subsection 62-701.730(11), F.A.C., which requires the permittee of a construction and demolition debris disposal facility to prepare an annual estimate of the closure costs for the facility and to make annual ...
Department of Health
- Board of Massage Therapy

6. Notices of Meetings, Workshops and Public Hearings

Other Agencies and Organizations
- Florida Atlantic Research and Development Authority
  - Tenant review, budget review.; Wednesday, June 17, 2009, 8:00 a.m.; Incubator Conference Room, Suite 210, 3701 FAU Blvd., Boca Raton, Florida
    - Hearing Meeting: Incubator Conference Room, Suite 210, 3701 FAU Blvd., Boca Raton, Florida
Department of Management Services
- Departmental
  - Regular bi-monthly meeting of the SSRC Board of Trustees.; Monday, June 22, 2009, 1:30 p.m. – 4:00 p.m. or until Board business is concluded; Turlington Building, Room 1703, 325 W. Gaines Street, Tallahassee, FL
    - Hearing Meeting: Turlington Building, Room 1703, 325 W. Gaines Street, Tallahassee, FL
Department of Citrus
- Departmental
  - The Commission will convene in conjunction with the Florida Citrus Industry Annual Conference for the purpose of standing committee meetings and the regularly scheduled meeting of the Florida Citrus Commission. The Commission will address issues ...
    - Hearing Meeting: Hyatt Regency Coconut Point Resort & Spa, 5001 Coconut Road, Bonita Springs, Florida 34134
Regional Transportation Authorities
- South Florida Regional Transportation Authority
  - Planning Technical Advisory Committee Meeting.; Wednesday, June 24, 2009, 10:30 a.m.; Board Room, SFRTA’s Administrative Offices, 800 N. W. 33rd Street, Pompano Beach, FL 33064
    - Hearing Meeting: Board Room, SFRTA’s Administrative Offices, 800 N. W. 33rd Street, Pompano Beach, FL 33064
Other Agencies and Organizations
- Comprehensive Health Information System Advisory Council
  - Board Meeting.; June 19, 2009, 1:00 p.m.; 820 E. Park Avenue, Tallahassee, Florida 32301
    - Hearing Meeting: 820 E. Park Avenue, Tallahassee, Florida 32301
Regional Planning Councils
- East Central Florida Regional Planning Council
  - The regular monthly meeting of the Executive Committee to discuss the upcoming June 17, 2009, Council Meeting. This meeting will be followed by the Central Florida 2050 Task Force meeting at 10:00 a.m. to discuss the rewrite of the ECFRPC’s ...
    - Hearing Meeting: NEW LOCATION. New ECFRPC Offices, 309 Cranes Roost Blvd., Suite 2000, Altamonte Springs, FL 32701 (See our website for map and directions)
  - The regular monthly meeting of the East Central Florida Regional Planning Council.; Wednesday, June 17, 2009, 10:00 a.m. NOTICE OF CHANGE; NEW LOCATION! The ECFRPC has moved. This meeting will be held in the new office location at 309 Cranes Roost ...
    - Hearing Meeting: NEW LOCATION! The ECFRPC has moved. This meeting will be held in the new office location at 309 Cranes Roost Blvd., Suite 2000, Altamonte Springs, FL 32701 (Visit www.ecfrpc.org for map and directions)
Department of Business and Professional Regulation
- Construction Industry Licensing Board
  - To review complaints in which a determination of the existence of probable cause has already been made.; June 18, 2009, 10:00 a.m.; Department of Business and Professional Regulation, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399-...
    - Hearing Meeting: Department of Business and Professional Regulation, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399-2202
- Pilotage Rate Review Committee
  - Fact finding proceeding for the Ft. Pierce Pilots Association’s rate application by the Investigative Committee pursuant to Rule 61E13-2.007, Florida Administrative Code. No board business will be transacted.; July 10, 2009, 9:00 a.m.; Hutchinson ...
    - Hearing Meeting: Hutchinson Island Marriott Resort, 555 N. E. Ocean Boulevard, Stuart, FL
Other Agencies and Organizations
- Disability Rights Florida
  - Regular Quarterly Meeting of the PAIMI Advisory Council.; Friday, June 26, 2009, 9:00 a.m. – 2:00 p.m.; Embassy Suites Orlando Airport, Lindbergh Boardroom, 5835 TG Lee Blvd., Orlando, Florida 32822
    - Hearing Meeting: Embassy Suites Orlando Airport, Lindbergh Boardroom, 5835 TG Lee Blvd., Orlando, Florida 32822
Department of Elder Affairs
- Long-Term Care Ombudsman Program
  - Pasco and North Pinellas District Long-Term Care Ombudsman Council business (NOTE: Meeting starting time has changed since notice was published in the May 1, 2009 FAW publication).; July 16, 2009, 10:30 a.m. (EST) - NOTICE OF CHANGE; Regency Park ...
    - Hearing Meeting: Regency Park Library, Meeting Room, 9701 Little Road, New Port Richey, FL 34654
Florida Housing Finance Corporation
- Departmental
  - In response to Florida Housing Finance Corporation’s Request for Qualifications (RFQ) No. 2009-03 for Qualified Nonprofit Entities to Receive Preservation Technical Assistance, these are meetings of the Review Committee to score and rank the ...
    - Hearing Meeting: Seltzer Room, Sixth Floor, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida 32301-1329
Department of Health
- Division of Medical Quality Assurance
  - General Business Meeting.; August 21, 2009, 9:30 a.m. or soon thereafter; Meet Me Number: 1(888)808-6959. After dialing the meet me number, when prompted, enter Conference Code: 1022351047 followed by the # sign in order to join the meeting.
    - Hearing Meeting: Meet Me Number: 1(888)808-6959. After dialing the meet me number, when prompted, enter Conference Code: 1022351047 followed by the # sign in order to join the meeting.
- Board of Medicine
  - General business of the board. Please check the Board Website: www.flhealthsource.com for cancellations or changes to meeting dates or call the Board of Medicine at (850)245-4131 for information.; Saturday and Sunday, July 18-19, 2009, 9:00 a.m.; ...
    - Hearing Meeting: The Ritz Carlton Key Biscayne, 455 Grand Bay Drive, Key Biscayne, FL 33149. Hotel Phone: (305)365-4500
Public Service Commission
- Departmental
  - To consider those matters ready for decision. LEGAL AUTHORITY AND JURISDICTION: Chapters 120, 350, 364, 366 and 367, F.S. Persons who may be affected by Commission action on certain items on the conference agenda may be allowed to address the ...
    - Hearing Meeting: Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148, 4075 Esplanade Way, Tallahassee, Florida
Department of State
- Division of Historical Resources
  - National Register Nominations.; Tuesday, June 30, 2009, 1:00 p.m. – 5:00 p.m.; R. A. Gray Building, 500 S. Bronough Street, Room 307, Tallahassee, Florida
    - Hearing Meeting: R. A. Gray Building, 500 S. Bronough Street, Room 307, Tallahassee, Florida
  - General Business Meeting.; Wednesday, July 1, 2009, 9:00 a.m. – 12:00 Noon; R. A. Gray Building, 500 S. Bronough Street, Room 307, Tallahassee, Florida
    - Hearing Meeting: R. A. Gray Building, 500 S. Bronough Street, Room 307, Tallahassee, Florida
Regional Transportation Authorities
- South Florida Regional Transportation Authority
  - Governing Board Meeting.; Friday, June 26, 2009, 9:30 a.m.; Board Room, South Florida Regional Transportation Authority, Administration Building, 800 N. W. 33rd Street, Suite 100, Pompano Beach, Florida 33064
    - Hearing Meeting: Board Room, South Florida Regional Transportation Authority, Administration Building, 800 N. W. 33rd Street, Suite 100, Pompano Beach, Florida 33064
Water Management Districts
- South Florida Water Management District
  - A Public Meeting of the Water Resources Advisory Commission (WRAC) regarding issues of the restoration and protection of Lake Okeechobee; and the Caloosahatchee and St. Lucie Estuaries. The public is advised that it is possible that one or more ...
    - Hearing Meeting: SFWMD, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
Public Service Commission
- Departmental
  - To discuss and make decisions on matters which affect the operation of the Commission.; *June 29, 2009, 9:30 a.m.; Betty Easley Conference Center, 4075 Esplanade Way, Conference Room 140, Tallahassee, Florida
    - Hearing Meeting: Betty Easley Conference Center, 4075 Esplanade Way, Conference Room 140, Tallahassee, Florida
Water Management Districts
- South Florida Water Management District
  - Issues, concerns regarding the Loxahatchee River Watershed Basin.; Monday, June 29, 2009, 2:00 p.m. Loxahatchee River Management Coordinating Council; Town of Jupiter Community Center, 210 Military Trail, Jupiter, FL
    - Hearing Meeting: Town of Jupiter Community Center, 210 Military Trail, Jupiter, FL
Department of Agriculture and Consumer Services
- Departmental
  - Old and New business.; June 23, 2009, 1:30 p.m. – 4:30 p.m.; Florida State Fairgrounds, Tampa, FL
    - Hearing Meeting: Florida State Fairgrounds, Tampa, FL
Other Agencies and Organizations
- Florida Self-Insurers Guaranty Association
  - The Board of Directors will meet to discuss general business of the Association.; Thursday, June 25, 2009, 12:30 p.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
State Board of Administration
- Departmental
  - General Business of the Audit Committee.; Tuesday, June 23, 2009, 2:00 p.m.; The Hermitage Centre, 1801 Hermitage Blvd., Tallahassee, Florida 32308
    - Hearing Meeting: The Hermitage Centre, 1801 Hermitage Blvd., Tallahassee, Florida 32308
Regional Planning Councils
- Southwest Florida Regional Planning Council
  - Regular monthly meeting of the SWFRPC Board.; Thursday, June 18, 2009, 9:00 a.m.; Southwest Florida Regional Planning Council, 1st Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, FL
    - Hearing Meeting: Southwest Florida Regional Planning Council, 1st Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, FL
  - Lower West Coast Watersheds Implementation Committee.; Thursday, June 18, 2009, 11:30 a.m. and/or immediately following the SWFRPC Board Meeting; SWFRPC Offices, 1st Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, FL
    - Hearing Meeting: SWFRPC Offices, 1st Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, FL
Department of Elder Affairs
- Long-Term Care Ombudsman Program
  - Withlacoochee District Long-Term Care Ombudsman Council business.; July 30, 2009, 12:30 p.m. (EST) (NOTE: Meeting starting time has changed since notice was originally published in the F.A.W.); Lake Panasoffkee Parks and Recreation Community Center, ...
    - Hearing Meeting: Lake Panasoffkee Parks and Recreation Community Center, 1582 County Road 459, Lake Panasoffkee, FL 33538
Other Agencies and Organizations
- South Dade Soil and Water Conservation District
  - Regular agenda items for presentation to Board of Supervisors: BMP, MIL, District Reports and Projects.; Thursday, June 18, 2009, 9:30 a.m.; USDA Service Center, 1450 N. Krome Ave., Suite 104, Florida City, FL 33034
    - Hearing Meeting: USDA Service Center, 1450 N. Krome Ave., Suite 104, Florida City, FL 33034
Department of Business and Professional Regulation
- Board of Cosmetology
  - General meeting of the board to conduct regular business.; Monday, July 20, 2009, 9:00 a.m. or soon thereafter; Homewood Suites, 8745 International Drive, Orlando, Florida 32819
    - Hearing Meeting: Homewood Suites, 8745 International Drive, Orlando, Florida 32819
Department of Health
- Board of Dentistry
  - To conduct general board business.; July 31, 2009, 7:30 a.m.; Marriott Tampa Airport, Tampa International Airport, Tampa, FL 33607, (813)879-5151
    - Hearing Meeting: Marriott Tampa Airport, Tampa International Airport, Tampa, FL 33607, (813)879-5151
Department of Agriculture and Consumer Services
- Division of Agricultural Environmental Services
  - The Committee discusses and makes recommendations on pesticide registration issues impacting human health and safety and the environment.; July 2, 2009, 9:00 a.m.; Bureau of Pesticides Conference Room, 3125 Conner Boulevard, Building 6, Room 606, ...
    - Hearing Meeting: Bureau of Pesticides Conference Room, 3125 Conner Boulevard, Building 6, Room 606, Tallahassee, Florida 32399, (850)487-2130
  - This meeting has been cancelled.; June 15, 2009, 1:00 p.m. - NOTICE OF CANCELLATION; Alachua Regional Service Center, East Building, 14101 Northwest Highway 441, Alachua, Florida, (386)418-5500
    - Hearing Meeting: Alachua Regional Service Center, East Building, 14101 Northwest Highway 441, Alachua, Florida, (386)418-5500
Department of Health
- Board of Dentistry
  - To review reconsideration cases.; July 24, 2009, 9:00 a.m.; Department of Health, Building 4042, Room 301, 4052 Bald Cypress Way, Tallahassee, FL 32399-3258, (850)245-4474
    - Hearing Meeting: Department of Health, Building 4042, Room 301, 4052 Bald Cypress Way, Tallahassee, FL 32399-3258, (850)245-4474
Public Service Commission
- Departmental
  - DOCKET NO.: 090079-EI – Petition for increase in rates by Progress Energy Florida, Inc. The purpose of these customer service hearings is to take testimony from the public on the quality and adequacy of Progress Energy Florida, Inc.’s service and ...
    - Hearing Meeting: Live Oak City Hall, Council Chambers, 101 White Ave., S.E., Live Oak, FL 32064
Other Agencies and Organizations
- Citizens Property Insurance Corporation
  - Included but no limited to: Audit Reports and Financial Statements.; Thursday, June 25, 2009, 3:00 p.m.; 8301 Cypress Plaza Drive, Suite 108, Jacksonville, FL 32256
    - Hearing Meeting: 8301 Cypress Plaza Drive, Suite 108, Jacksonville, FL 32256
Department of Agriculture and Consumer Services
- Division of Plant Industry
  - The Honey Bee Technical Council (HBTC) Meeting. Agenda items will include: Aerial Spraying for Mosquitoes, Honey Bottler Exemption and Zoning and Ordinance Protection for Beekeepers.; July 29, 2009, 10:00 a.m. – 12:00 Noon; Doyle Conner Building, ...
    - Hearing Meeting: Doyle Conner Building, Auditorium, 1911 Southwest 34th Street, Gainesville, Florida 32608
- Division of Agricultural Environmental Services
  - The business of The Commercial Feed Technical Council.; July 9, 2009, 10:00 a.m. – 12:30 p.m.; Amelia Island Plantation Resort, Amelia Island Plantation, 6800 First Coast Highway, Amelia Island, Florida 32034, (904)261-6161
    - Hearing Meeting: Amelia Island Plantation Resort, Amelia Island Plantation, 6800 First Coast Highway, Amelia Island, Florida 32034, (904)261-6161
Regional Transportation Authorities
- Tampa Bay Area Regional Transportation Authority
  - This group of volunteers provides region-oriented advice to the Board from a citizen’s perspective. Additional Board subcommittee meetings will be noticed on the TBARTA website. All meetings of the TBARTA Board and its advisory committees are open ...
    - Hearing Meeting: USF Connect Building, 3802 Spectrum Blvd., Tampa, FL
Department of Health
- Board of Clinical Laboratory Personnel
  - General board business.; Tuesday, July 7, 2009, 9:00 a.m.; Department of Health, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida, at Meet Me Number: 1(888)808-6959, Conference Code: 9849329103
    - Hearing Meeting: Department of Health, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida, at Meet Me Number: 1(888)808-6959, Conference Code: 9849329103
Other Agencies and Organizations
- Clay Soil and Water Conservation District
  - Public Meeting.; Monday, July 6, 2009, 1:00 p.m.; Clay County Extension Office, 2463 SR 16 W, Green Cove Springs, FL 32043
    - Hearing Meeting: Clay County Extension Office, 2463 SR 16 W, Green Cove Springs, FL 32043
- Technological Research and Development Authority
  - TRDA announces public meetings relating to review of proposals for the design and construction documents for Phase II of the original Master Plan. June 15, 2009: Review and selection of three proposals from those submitted for the Phase II design ...
    - Hearing Meeting: TRDA Business Innovation Center, 1050 West NASA Boulevard, Conference Center 117C, Melbourne, FL 32901
Regional Planning Councils
- South Florida Regional Planning Council
  - Any Development Order received prior to the meeting. Any proposed Local Government Comprehensive Plan received prior to the meeting. Any adopted Local Government Comprehensive Plan received prior to the meeting. Any Proposed Public Education ...
    - Hearing Meeting: South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, FL 33021
Agency for Health Care Administration
- Medicaid
  - Technical Advisory Panel Teleconference.; Friday, June 26, 2009, 2:00 p.m. – 4:00 p.m.; Agency for Health Care Administration, Fort Knox Complex, Bldg. 3, Conference Room A, 2727 Mahan Drive, Tallahassee, FL 32308, Dial In #: 1(877)328-7346, ...
    - Hearing Meeting: Agency for Health Care Administration, Fort Knox Complex, Bldg. 3, Conference Room A, 2727 Mahan Drive, Tallahassee, FL 32308, Dial In #: 1(877)328-7346, Conference ID: 13262372
Department of Financial Services
- Finance
  - This is the Final Public Hearing on the adoption of proposed Rule 69V-85.006, F.A.C., published on March 20, 2009, in Vol. 35, No. 11, of the Florida Administrative Weekly (F.A.W.). The proposed rule requires the electronic filing of forms and fees ...
    - Hearing Meeting: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
  - This is the Final Public Hearing on the adoption of proposed Rule 69V-160.036, F.A.C., published on March 20, 2009, in Vol. 35, No. 11 of the Florida Administrative Weekly (F.A.W.). The proposed rule requires the electronic filing of forms and fees ...
    - Hearing Meeting: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
Other Agencies and Organizations
- Governor's Commission on Disabilities
  - The committee is meeting to fulfill the mandate of Executive Order 08-193.; Monday, June 15, 2009, 9:00 a.m. – 12:00 Noon; 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
    - Hearing Meeting: 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
  - The committee is meeting to fulfill the mandate of Executive Order 08-193.; Monday, June 15, 2009, 2:00 p.m. – 5:00 p.m.; 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
    - Hearing Meeting: 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
  - The committee is meeting to fulfill the mandate of Executive Order 08-193.; Tuesday, June 16, 2009, 9:00 a.m. – 12:00 Noon; 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
    - Hearing Meeting: 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
  - The committee is meeting to fulfill the mandate of Executive Order 08-193.; Tuesday, June 16, 2009, 2:00 p.m. – 5:00 p.m.; 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
    - Hearing Meeting: 4030 Esplanade Way, Room 315, Tallahassee, Florida 32399, Call-In Number: 1(888)808-6959, Conference Code: 6101108#
Department of Agriculture and Consumer Services
- Division of Agricultural Environmental Services
  - Regular meeting of the council during which there will be a review of pertinent pesticide issues impacting on human health and the environment.; July 10, 2009, 9:00 a.m.; Austin Cary Memorial Forest Learning Center, Conference Building, 10625 ...
    - Hearing Meeting: Austin Cary Memorial Forest Learning Center, Conference Building, 10625 Northeast Waldo Road, Gainesville, Florida 32609, (352)846-0850
Department of Health
- Board of Dentistry
  - To discuss rule drafts.; July 7, 2009, 6:00 p.m.; Conference Call: 1(888)808-6959 when prompted enter Conference Code: 2453454
    - Hearing Meeting: Conference Call: 1(888)808-6959 when prompted enter Conference Code: 2453454
Regional Planning Councils
- Central Florida Regional Planning Council
  - The Policy Committee for the Avon Park Air Force Range (APAFR) Joint Land Use Study (JLUS) will conduct an Overview of the Avon Park Air Force Range Airspace Operations, and a recently completed environmental study. ENTRY ONTO THE AVON PARK AIR ...
    - Hearing Meeting: Avon Park Air Force Range, Conference Room, 29 South Boulevard, Avon Park, FL 33825-9381
Department of Agriculture and Consumer Services
- Departmental
  - Old and New Business.; June 23, 2009, 9:00 a.m.; Florida State Fairgrounds, Tampa, FL
    - Hearing Meeting: Florida State Fairgrounds, Tampa, FL
Other Agencies and Organizations
- Sunshine State One Call of Florida
  - The purpose of this Legislative Committee Meeting is to review and discuss potential amendments to Chapter 556, the “Underground Facility Damage Prevention and Safety Act”, Florida Statutes.; June 16, 2009, 9:30 a.m. – 2:00 p.m.; This meeting will ...
    - Hearing Meeting: This meeting will be held by web and teleconference. Web Conference, visit http://www.webmeeting.att.com, Meeting Conference Call: 1(866)213-2185, Conference Code: 332328.
Department of Agriculture and Consumer Services
- Departmental
  - Old and New Business.; June 23, 2009, 10:00 a.m. – 10:30 a.m.; Florida State Fairgrounds, Tampa, FL
    - Hearing Meeting: Florida State Fairgrounds, Tampa, FL
  - Old and New Business.; June 23, 2009, 10:30 a.m. – 12:30 p.m.; Florida State Fairgrounds, Tampa, FL
    - Hearing Meeting: Florida State Fairgrounds, Tampa, FL
Department of Education
- Commission for Independent Education
  - To consider the application for recognition as an accrediting body for the purpose of Licensure by Means of Accreditation of The Higher Learning Commission of the North Central Association of Colleges and Schools.; June 29, 2009, 12:30 p.m.; Orlando ...
    - Hearing Meeting: Orlando Marriott – Lake Mary, 1501 International Parkway, Lake Mary, Florida 32646
Department of Business and Professional Regulation
- Construction Industry Licensing Board
  - Florida Homeowners’ Construction Recovery Fund Committee meeting to include review of claims.; Friday, June 26, 2009, 10:00 a.m. or soon thereafter; Via Telephone Conference Call. To connect, dial: 1(888)808-6959, Conference Code: 4879516
    - Hearing Meeting: Via Telephone Conference Call. To connect, dial: 1(888)808-6959, Conference Code: 4879516
  - General session meeting of the board to include ratification of results from Florida Homeowners’ Construction Recovery Fund Committee meeting.; Monday, June 29, 2009, 2:00 p.m. or soon thereafter; Via Telephone Conference Call. To connect, dial: 1(...
    - Hearing Meeting: Via Telephone Conference Call. To connect, dial: 1(888)808-6959, Conference Code: 4879516
Department of Health
- Board of Physical Therapy Practice
  - Orientation and Training of New Physical Therapy Board Member.; Monday, July 20, 2009, 10:00 a.m. or soon thereafter; Meet Me Number: 1(888)808-6959. After dialing the meet me number, when prompted, enter Conference Code 1022351047 followed by the # ...
    - Hearing Meeting: Meet Me Number: 1(888)808-6959. After dialing the meet me number, when prompted, enter Conference Code 1022351047 followed by the # sign in order to join the meeting
- Board of Massage Therapy
  - Regular Board business. If a person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made, which records includes ...
    - Hearing Meeting: Conference Call: 1(888)808-6959, Conference Code: 2454590

7. Notices of Petitions and Dispositions Regarding Declaratory Stat

Department of Business and Professional Regulation
- Division of Florida Condominiums, Timeshares and Mobile Homes
Department of Community Affairs
- Division of Housing and Community Development
  - Nick D’Andrea, Jr. It has been assigned case number DCA09-DEC-138.; Petitioner asks if training/skill development rooms located within a single tenant building with a business occupancy should be classified as Assembly Group A or Business Group B. ...
  - Karins Engineering Group, Inc. It has been assigned case number DCA09-DEC-139.; Petitioner asks if a test report that is ten (10) years old and contains an expiration date that has passed, or no expiration date, can be used to seek Florida Product ...
Department of Health
- Board of Pharmacy
  - Gerald A. Letendre, R.Ph.; The petition seeks the Board’s interpretation of Section 465.185(1), F.S., and whether a specific contract between pharmacies and a physician’s office would violate Section 465.185, F.S.
Department of Business and Professional Regulation
- Construction Industry Licensing Board
  - James J. Flaherty on May 22, 2009.; To determine whether Petitioner may condemn, remove and replace a heating element and thermostat on an electric water heater.
  - Ronald R. Posey; The Notice of Petition for Declaratory Statement was published in Vol. 35, No. 7, of the February 20, 2009, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on April 10, 2009. ...
- Division of Florida Condominiums, Timeshares and Mobile Homes
  - M. A. (Allie) Fraidowitz, Petitioner, In Re: Arielle on Palmer Ranch Condominium Association, Inc., Docket Number 2009020790; The Division declined to issue an order because the Division cannot issue a declaratory statement where there are facts in ...

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

Board of Trustees of The Internal Improvement Trust Fund
- Departmental
  - Bernard Montgomery Myers vs. Department of Environmental Protection and Board of Trustees of The Internal Improvement Trust Fund; Case No.: 09-2928RX; Rule No.: 18-14.003; Petition
Department of Corrections
- Departmental
  - Louie Christie, Della Christie, William J. Sheppard, and Florida Justice Institute, Inc. vs. Department of Corrections; Case No.: 09-2312RP; Rule No.: 33-401.701; Petition
Department of Children and Families
- Economic Self-Sufficiency Program
  - Ramdass Ramphal, Lucia Calventi, and Janice Wright vs. Department of Children and Family Services; Case No.: 09-2947RP; Rule No.: 65A-1.900; Petition
Florida Housing Finance Corporation
- Departmental
  - Atlantic Housing Partners, LLLP vs. Florida Housing Finance Corporation; Case No.: 09-2267RP; Rule No.: 67-48.004; Petition
State Board of Administration
- Departmental
  - Sharon R. Huberty vs. State Board of Administration; Case No.: 09-2268RU; Petition
Department of Environmental Protection
- Departmental
  - Friends of Perdido Bay, Inc. and James Lane vs. Department of Environmental Protection; Case No.: 09-2446RU; Petition
Department of Children and Families
- Agency for Persons with Disabilities
  - V. S. by Next of Friend G. S. and D. L. J., by Next of Friend S. C. vs. Agency for Persons with Disabilities; Case No.: 09-2511RU; Petition
Department of Education
- State Board of Education
  - Lulac Florida Corp., on Behalf of Itself and Its Members vs. Department of Education; Case No.: 09-1615RP; Rule No.: 6A-6.0905; Dismissed
Agency for Health Care Administration
- Certificate of Need
  - Hope Hospice and Community Services, Inc.; Good Sheperd Hospice, Inc.; and Lifepath Hospice, Inc. vs. Agency for Health Care Administration; Case No.: 09-1793RP; Rule No.: 59C-1.0355; Dismissed
Department of Environmental Protection
- Departmental
  - Friends of Perdido Bay, Inc. and James Lane and Jacqueline Lane (Intervenor) vs. Department of Environmental Protection and International Paper Company (Intervenor); Case No.: 09-2446RX; Rule No.: 62-302.800; Dismissed
- Beaches and Coastal Systems
  - Advanced Coastal Technologies, LLC vs. Department of Environmental Protection; Case No.: 08-2391RP; Rule No.: 62B-56.020, 62B-56.030, 62B-56.090, 62B-56.160, 62B-56.900; Dismissed
Department of Health
- Board of Massage Therapy
  - National Certification Board for Therapeutic Massage and Bodywork, Inc. vs. Department of Health, Board of Massage Therapy and Federation of State Massage Therapy Boards (Intervenor); Case No.: 08-2604RP; Rule No.: 64B7-25.001; Dismissed
- Board of Medicine
  - Ray George Farhat, M.D. vs. Board of Medicine; Case No.: 08-2086RX; Rule No.: 64B8-9.008; Invalid
Department of Financial Services
- OIR - Administration
  - Florida Insurance Council, National Association of Mutual Insurance Companies, and American Insurance Association vs. Financial Services Commission and Office of Insurance Regulation; Case No.: 08-3295RP; Rule No.: 69N-121.066; Dismissed
- OIR – Insurance Regulation
  - Life Insurance Settlement Association vs. Financial Service Commission and Office of Insurance Regulation; Case No.: 09-0386RP; Rule No.: 69O-204.030; Invalid
Agency for Health Care Administration
- Departmental
  - Heartland Internal Medicine Associates vs. Agency for Health Care Administration; Case No.: 09-0359RU; Dismissed
Department of Education
- Departmental
  - John Doe, Mary Moe, Jane Roe and Sue Smith, Individually as Parents of Children in the School District and as Members and on Behalf of Community Organized to Rescue Education (CORE), an Affiliated, unregistered Organization of Concerned Parents ET. ...

9. Notices Regarding Bids, Proposals and Purchasing

Department of Education
- University of Florida
  - Department of Education, University of Florida
Other Agencies and Organizations
- Clark Construction Group, LLC
  - Other Agencies and Organizations, Clark Construction Group, LLC
Department of Education
- Florida Gulf Coast University
  - Department of Education, Florida Gulf Coast University
Expressway Authorities
- Miami-Dade Expressway Authority "MDX"
  - Expressway Authorities, Miami-Dade Expressway Authority "MDX"
Other Agencies and Organizations
- Technological Research and Development Authority
  - Other Agencies and Organizations, Technological Research and Development Authority
- Manatee County Tax Collector
  - Other Agencies and Organizations, Manatee County Tax Collector
Department of Education
- Florida School for the Deaf and the Blind
  - Department of Education, Florida School for the Deaf and the Blind
- University of West Florida
  - Department of Education, University of West Florida
- University of Florida
  - Department of Education, University of Florida
Department of Environmental Protection
- Departmental
  - Department of Environmental Protection, Departmental
Department of Education
- University of Florida
  - Department of Education, University of Florida
Department of Management Services
- Departmental
  - Department of Management Services, Departmental
  - Department of Management Services, Departmental

10. Miscellaneous

Department of Environmental Protection
- Office of the Secretary
  - Department of Environmental Protection, Office of the Secretary
- Departmental
Department of Health
- Board of Chiropractic Medicine
  - Department of Health, Board of Chiropractic
- Board of Nursing
  - Department of Health, Board of Nursing
- Board of Pharmacy
  - Department of Health, Board of Pharmacy
- Departmental
  - Department of Health, Departmental
- Board of Nursing
  - Department of Health, Board of Nursing
- Board of Medicine
  - Department of Health, Board of Medicine
Department of Community Affairs
- Departmental
  - Department of Community Affairs, Departmental
- Division of Community Planning
  - Department of Community Affairs, Division of Community Planning
Department of Environmental Protection
- Departmental
  - Department of Environmental Protection, Departmental
Fish and Wildlife Conservation Commission
- Vessel Registration and Boating Safety
  - Fish and Wildlife Conservation Commission, Vessel Registration and Boating Safety
Department of Highway Safety and Motor Vehicles
- Division of Motor Vehicles

Vol. 35, No. 23 (06/12/2009)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

2. Proposed Rules

3. Notices of Changes, Corrections and Withdrawals

4. Emergency Rules

5. Petitions and Dispositions Regarding Rule Variance or Waiver

6. Notices of Meetings, Workshops and Public Hearings

7. Notices of Petitions and Dispositions Regarding Declaratory Stat

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

9. Notices Regarding Bids, Proposals and Purchasing

10. Miscellaneous

Classification