Vol. 39, No. 114 (06/12/2013)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Business and Professional Regulation
  • Departmental
    • The purpose and effect is to amend the rules to adopt new forms, update technical information in the rule language, and make changes based on the rule review conducted, pursuant to Executive Order 11-211.
• Department of Health
  • Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
    • The Board proposes the rule amendment to incorporate the revised Supervised Experience Attestation form.

2. Proposed Rules

• Department of Corrections
  • Departmental
    • The purpose and effect of the proposed rule is to change the process by which gain time is forfeited when an inmate escapes. With regard to escapes that occur before October 1, 2013, forfeiture of all gain time will occur upon conviction for escape ...
      • Due of Comment: 7/3/2013
• Department of Health
  • Board of Pharmacy
    • The Board proposes the rule amendment to update the form and rule title.
      • Due of Comment: 7/3/2013
• Department of Business and Professional Regulation
  • Division of Pari-Mutuel Wagering
    • The purpose and effect of the proposed rule amendments will be to repeal these rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
      • Due of Comment: 7/3/2013

3. Petitions and Dispositions Regarding Rule Variance or Waiver

• Water Management Districts
  • Southwest Florida Water Management District
    • a variance or waiver. Petitioner’s Name: Pierre LeBlanc 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. 13-4165.
• Department of Business and Professional Regulation
  • Board of Architecture and Interior Design
    • Rosalinda Cortez Pegnato, seeking a variance or waiver of Rule 61G1-22.002(1), Florida Administrative Code, which requires that applicants for licensure obtain the diversified interior design experience required by Section 481.209(2), F.S., with a ...
  • Division of Hotels and Restaurants
    • On June 10, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Bldgs 1,2,3 & 4-Grand Villas, filed May 3, 2013, and advertised on May 8, 2013 in Vol. 39, No. 90, of the Florida ...
    • On June 10, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Holiday Inn Express Pensacola-W. Navy Base, filed May 17, 2013, and advertised on May 28, 2013 in Vol. 39, No. 103, of the ...
    • On June 10, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Administration Building, Tampa Water Dept., filed May 20, 2013, and advertised on May 28, 2013 in Vol. 39, No. 103, of the ...
• Water Management Districts
  • Southwest Florida Water Management District
    • a variance or waiver. Petitioner’s Name: The Lakes of Wellington Property Owners Association 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....
• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • Council on Aging. Petitioner seeks a variance of the requirements of ASME A17.3, Section 5.1.7(b), as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators step risers which poses a significant economic/...
    • Collado Real Estate. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators operations which poses a significant economic/...
    • Lake Worth Towers. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, 2.7.4 and ASME A17.1, Section 8.11.2.1.1(c) and 8.11.2.1.4(b), as adopted by 61C-5.001(1), Florida Administrative Code that requires ...
    • Garden Park. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1, 2.20.4, 2.20.5 and 2.20.9 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm ...
    • UpTown Maitland. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1, 2.20.4, 2.20.5, and 2.20.9 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 ...
    • Shephard’s Beach Resort New Guestroom Tower (2). Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9....
    • Shephard’s Beach Resort New Guestroom Tower (1). Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9....
    • Village Park. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1, 2.20.4, 2.20.5, and 2.20.9 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm ...
• Water Management Districts
  • Southwest Florida Water Management District
    • a variance or waiver. Petitioner’s Name: Patricia I. Johnston 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. 13-4168.
• Department of Environmental Protection
  • Beaches and Coastal Systems
    • permanent variance or wavier from Joseph Bank, Charles Russell, and Apples and Oranges, Inc. The petition requested a variance/waiver from rules 62B-33.002(18) which defines “Eligible Structures; 62B-33.002(43) which defines “Nonconforming ...

4. Notices of Meetings, Workshops and Public Hearings

• Department of Environmental Protection
  • Departmental
    • The Southeast Florida Coral Reef Initiative (SEFCRI) is holding a series of community meetings to launch “Our Florida Reefs: Your Voice, Our Future.” This is a transparent, inclusive, stakeholder-driven process to achieve SEFCRI’s mission: to ...
      • Hearing Meeting: South Dade Regional Library, 2nd Floor Conference Room, 10750 SW 211th Street, Cutler Bay, FL 33189.
• Department of Business and Professional Regulation
  • Board of Veterinary Medicine
    • Probable Cause panel meeting, portions which are closed to the public. Agenda available on request.; June 19, 2013, 9:00 a.m.; Access Phone: (888) 670-3525 Conference code 6493057517
      • Hearing Meeting: Access Phone: (888) 670-3525 Conference code 6493057517
• Other Agencies and Organizations
  • Citizens Property Insurance Corporation
    • Finance and Investment Committee Meeting Citizens Property Insurance Corporation announces a Finance and Investment Committee Meeting to begin at 2:00PM (EDT) on June 25, 2013 being held in Miami at Miami Dade College, 245 NE Fourth St., Chapman ...
      • Hearing Meeting: Miami FL
• Water Management Districts
  • Suwannee River Water Management District
    • Surplus Lands Committee meeting to discuss the potential disposition of surplus lands.; June 26, 2013, 1:30 p.m.; District Headquarters, 9225 CR 49, Live Oak, Fl 32060
      • Hearing Meeting: District Headquarters, 9225 CR 49, Live Oak, Fl 32060
    • The Surplus Lands Committee meeting will be discussing the potential disposition of the Cabbage Creek parcel.; June 26, 2013, 1:30 p.m.; District Headquarters, 9225 CR 49, Live Oak, Fl 32060
      • Hearing Meeting: District Headquarters, 9225 CR 49, Live Oak, Fl 32060
• Department of Children and Families
  • Mental Health Program
    • Mr. Rob Siedlecki, Assistant Secretary for Substance Abuse & Mental Health, and Mr. Sterling Whisenhunt, Substance Abuse & Mental Health Director will be present to receive public comment regarding implementation of managing entities and/or other ...
      • Hearing Meeting: Department of Children and Families, Roberts Building, 5920 Arlington Expressway, Jacksonville, Fl. 32211. Meeting will be held in the 2nd Floor Auditorium
• Executive Office of the Governor
  • Departmental
    • To discuss general business of the Governor's Commission on Jobs for Floridians with Disabilities pursuant to Executive Order 11-161; June 19, 2013, 10:00 a.m.; 1-888-670-3525; Conference Code: 2788708683
      • Hearing Meeting: 1-888-670-3525; Conference Code: 2788708683
    • Initial discussion regarding the process for recruitment and selection of the Inspector General for Citizens Property Insurance Corporation.; June 20, 2013, 2:00pm to 5:00pm; The Capitol, 21st Floor, Media Conference Room, Room 2103
      • Hearing Meeting: The Capitol, 21st Floor, Media Conference Room, Room 2103
• Department of Education
  • Departmental
    • Special Board Meeting; June 21, 2013, 3:00 PM; Teleconference - Contact Ted Hull for the number at 813-251-9245 or thull10@tampabay.rr.com
      • Hearing Meeting: Teleconference - Contact Ted Hull for the number at 813-251-9245 or thull10@tampabay.rr.com
• Department of Transportation
  • Departmental
    • This Pre-Construction Public Information Meeting is being held to provide the public with details about the upcoming widening of Florida's Turnpike from Southwest 216th Street to Eureka Drive. Construction is scheduled to begin in the summer of 2013....
      • Hearing Meeting: Cutler Bay Town Center, Town Council Chambers, 10720 Caribbean Boulevard, Cutler Bay, Florida 33189
• Florida Housing Finance Corporation
  • Departmental
    • To discuss the 2012 Audited Financial Statements with the Florida Housing Finance Corporation Board of Directors and respond to any comments or questions of the Florida Housing Finance Corporation Board of Directors.; June 20, 2013 – 3:00 p.m. until ...
      • Hearing Meeting: Florida Housing Finance Corporation Seltzer Room, 6th Floor 227 N. Bronough Street Tallahassee, FL 32301
• Department of Children and Families
  • Economic Self-Sufficiency Program
    • Updates on future meetings of the Executive Steering Committee for the Medicaid Eligibility System can be found in the events section on the agency web site at http://www.myflfamilies.com/.; The July 5 meeting of the Executive Steering Committee for ...
      • Hearing Meeting: 1317 Winewood Blvd., Bldg. 4, Tallahassee, FL 32399-0700
• Department of Health
  • Board of Optometry
    • General board business.; Wednesday, July 17, 2013, commencing at 9:00 a.m.; Hilton Daytona Beach Resort, 100 North Atlantic Avenue, Daytona Beach, Florida 32118 (386) 947-8052.
      • Hearing Meeting: Hilton Daytona Beach Resort, 100 North Atlantic Avenue, Daytona Beach, Florida 32118 (386) 947-8052.
• Department of Revenue
  • Miscellaneous Tax
    • Approval of the proposed amendments to Rule 12B-4.013, F.A.C. (Conveyances Subject to Tax), Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax), and Rule 12B-4.054, F.A.C. (Exempt Transactions). These proposed rule amendments were noticed in the ...
      • Hearing Meeting: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida Please refer to the Cabinet Agenda posted to the Department’s Internet site at http://dor.myflorida.com/dor/rules prior to attending a meeting.
  • Departmental
    • Approval to publish a Notice of Proposed Rule for the following rule sections: Rule Chapter 12-13, F.A.C. - Compromise and Settlement (Rules 12-13.001, 12-13.003, 12-13.004, 12-13.0063, 12-13.0064, 12-13.007, 12-13.0075, 12-13.008, 12-13.009, and ...
      • Hearing Meeting: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida Please refer to the Cabinet Agenda posted to the Department’s Internet site at http://dor.myflorida.com/dor/rules prior to attending a meeting.
• Department of Health
  • Board of Pharmacy
    • To review those cases on which a determination of existence of probable cause has already been made.; Thursday, June 20, 2013, 9:00 a.m.; Call-In Number: 888-670-3525, Conference Code: 513-489-6685
      • Hearing Meeting: Call-In Number: 888-670-3525, Conference Code: 513-489-6685
    • To review those cases on which a determination of existence of probable cause has already been made.; Thursday, June 27, 2013 at 9:00 a.m.; Conference Call number (888) 670-3525, Conference Code 5134896685.
      • Hearing Meeting: Conference Call number (888) 670-3525, Conference Code 5134896685.
• Department of Agriculture and Consumer Services
  • Division of Aquaculture
    • To discuss issues affecting the growth of aquaculture in Florida.; Wednesday, June 26, 2013 at 8:30 a.m. to 5:00 p.m. (Meeting also accessible through teleconference by dialing 1 (888) 670-3525; enter participant passcode 1543680102).; Division of ...
      • Hearing Meeting: Division of Fruit and Vegetables Florida Department of Agriculture & Consumer Services 500 3rd Street, N.W. Winter Haven, FL 33881
• Department of Children and Families
  • Departmental
    • Pursuant to ITN#23FS14001, To Become the Lead Agency for Community-Based Care SunCoast Region-Circuit 6, public meetings have been scheduled as specified above. Additional information regarding this competitive solicitation may be found ...
      • Hearing Meeting: DCF SunCoast Regional Headquarters 9393 North Florida Avenue Tampa, Florida 33612
• Other Agencies and Organizations
  • Enterprise Florida, Inc.
    • This meeting will discuss on-going issues, developing issues and other matters.; Thursday, June 27, 2013, 9:00 a.m. EST - 11:00 a.m. EST; Embassy Suites Tampa - Downtown Convention Center 513 South Florida Avenue, Tampa, FL 33602
      • Hearing Meeting: Embassy Suites Tampa - Downtown Convention Center 513 South Florida Avenue, Tampa, FL 33602
• Department of Education
  • Office of Early Learning
    • Initial meeting of the School Readiness Funding Model Working Group; June 24, 2013, 10:00 a.m.; Office of Early Learning. Teleconference call-in number 1-888-670-3525; participant code 732-952-7260
      • Hearing Meeting: Office of Early Learning. Teleconference call-in number 1-888-670-3525; participant code 732-952-7260

5. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Business and Professional Regulation
  • Division of Florida Condominiums, Timeshares and Mobile Homes
    • Carl J. Forrest, In Re: Briny Breezes, Inc., Docket No. 2013013568,; Briny Breezes, Inc. may use its reserve funds to make the necessary repair to its common element seawall to prevent flooding, under section 719.106(1)(j)(3), Florida Statutes, ...
    • Mark F. Grant, Esq., In Re: De Soleil South Beach Residential Condominium Association, Inc., Docket No. 2013015521,; The Division declines to answer the question of whether the election rule, chapter 61B-23, Florida Administrative Code, applies to ...

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

• Department of Transportation
  • Departmental
    • Carter Sign Rentals, Inc. vs. Department of Transportation; Case No.: 13-1623RX; Rule No.: 14-10.007(6)(b); Petition
• Administration Commission
  • Departmental
    • County of Volusia, a Political Subdivision of the State of Florida vs. Department of Juvenile Justice; Case No.: 13-1442RX; Rule No.: 28-106.201; Petition
• Agency for Health Care Administration
  • Medicaid
    • Florida’s Children First, Inc., and Juan Lorenzo vs. Agency for Health Care Administration; Case No.: 13-1189RP; Rule No.: 59G-4.260; Petition
• Department of Business and Professional Regulation
  • Departmental
    • Thyssenkrupp Elevator Corporation vs. Department of Business and Professional Regulation, Division of Hotels and Restaurants; Case No.: 13-2044RP; Rule No.: 61C-5.013(2)(b); Petition
• Department of Children and Families
  • Family Safety and Preservation Program
    • L. F. and J. F. vs. Department of Children and Families; Case No.: 13-1265RX; Rule No.: 65C-16.002(3)(a); Petition
• Department of Financial Services
  • Division of Insurance Agent and Agency Services
    • Florida Association of Public Insurance Adjusters, Inc., A Florida Corporation vs. Department of Financial Services, Division of Insurance Agents and Agency Services; Case No.: 13-1633RP; Rule No.: 69B-220.051, 69B-220.201; Petition
• Department of Business and Professional Regulation
  • Departmental
    • Beachlen Development Company, LLC vs. Department of Business and Professional Regulation and Florida Building Commission; Case No.: 13-0580RU; Petition
    • Beachlen Development Company, LLC vs. Department of Business and Professional Regulation and Florida Building Commission; Case No.: 13-0580RU; Dismissed
• Department of Education
  • State Board of Education
    • McGraw-Hill Global Education Holdings, LLC, d/b/a McGraw-Hill Education vs. State Board of Education; Commissioner of Education; and the Department of Education; Case No.: 13-1359RU; Petition
• Department of Children and Families
  • Agency for Persons with Disabilities
    • J. H. vs. Agency for Persons with Disabilities; Case No.: 13-1661RU; Petition
    • U. B. vs. Agency for Persons with Disabilities; Case No.: 13-1662RU; Petition
    • J. B. vs. Agency for Persons with Disabilities; Case No.: 13-1663RU; Petition
    • Z. L. vs. Agency for Persons with Disabilities; Case No.: 13-1664RU; Petition
    • E. J. vs. Agency for Persons with Disabilities; Case No.: 13-1665RU; Petition
    • P.B. vs. Agency for Persons with Disabilities; Case No.: 13-1666RU; Petition
    • W.B. vs. Agency for Persons with Disabilities; Case No.: 13-1746RU; Petition
    • Dayspring Village Inc. vs. Agency for Healthcare Administration; Case No.: 13-1836RU; Petition
    • N.S. vs. Agency for Persons with Disabilities; Case No.: 13-1843RU; Petition
    • M.G. vs. Agency for Persons with Disabilities; Case No.: 13-1844RU; Petition
    • A.S. vs. Agency for Persons with Disabilities; Case No.: 13-1848RU; Petition
    • G.B., Z.L., through his guardian K.L., J.H., and M.R. vs. Agency for Persons with Disabilities; Case No.: 13-1849RU; Petition
    • A.Z. vs. Agency for Persons with Disabilities; Case No.: 13-1850RU; Petition
    • E.D. vs. Agency for Persons with Disabilities; Case No.: 13-1891RU; Petition
    • C.S. vs. Agency for Persons with Disabilities; Case No.: 13-1892RU; Petition
    • D.D. vs. Agency for Persons with Disabilities; Case No.: 13-1893RU; Petition
    • P.A. vs. Agency for Persons with Disabilities; Case No.: 13-1898RU; Petition
    • Winn-Dixie Stores, Inc. vs. Department of Health; Case No.: 13-1980RU; Petition
    • Winn-Dixie Stores, Inc. vs. Department of Health; Case No.: 13-1980RU; Voluntarily Dismissed; Petition
    • K.S. vs. Agency for Persons with Disabilities; Case No.: 13-2001RU; Petition
    • E.S. vs. Agency for Persons with Disabilities; Case No.: 13-2002RU; Petition
    • J.W. vs. Agency for Persons with Disabilities; Case No.: 13-2032RU; Petition
    • J.L.G. vs. Agency for Persons with Disabilities; Case No.: 13-2033RU; Petition
    • D.V. vs. Agency for Persons with Disabilities; Case No.: 13-2039RU; Petition
    • J.B. vs. Agency for Persons with Disabilities; Case No.: 13-2043RU; Petition
• Department of Business and Professional Regulation
  • Division of Pari-Mutuel Wagering
    • Calder Race Course, Inc. vs. Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering; Case No.: 13-1993RU; Petition
• Department of Law Enforcement
  • Division of Local Law Enforcement Assistance
    • Hoa Vuong, on behalf of himself and other Palm Beach County DUI Defendants vs. Department of Law Enforcement; Case No.: 12-3898RX; Rule Nos.: 11D-8.003, 11D-8.004, 11D-8.006, 11D-8.017; Petition
• Department of Children and Families
  • Agency for Persons with Disabilities
    • Disability Rights Florida vs. Agency for Persons With Disabilities; Case No.: 12-2944RP; Rule Nos.: 65G-4.0210, 65G-4.0211, 65G-4.0212, 65G-4.022, 65G-4.024, 65G-4.027; Voluntarily Dismissed; Petition
    • Disability Rights Florida vs. Agency for Persons With Disabilities; Case No.: 13-0046RP; Rule Nos.: 65G-4.0201, 65G-4.0210, 65G-4.0211, 65G-4.0212, 65G-4.022, 65G-4.024, 65G-4.027; Voluntarily Dismissed; Petition
• Agency for Health Care Administration
  • Departmental
    • North Broward Hospital District, d/b/a Broward Health Medical Center, Broward Health North, Broward Health Imperial Point, and Broward Health Coral Springs vs. Agency for Health Care Administration; Case No.: 12-2587RU; Voluntarily Dismissed; ...
• Department of Highway Safety and Motor Vehicles
  • Departmental
    • Florida Automobile Dealers Association vs. Department of Highway Safety and Motor Vehicles; Case No.: 12-2914RU; Dismissed; Petition
• Department of Business and Professional Regulation
  • Division of Pari-Mutuel Wagering
    • Gulfstream Park Racing Thoroughbred After Racing Program, Inc. vs. Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering; Case No.: 12-3848RU; Dismissed; Petition
    • Florida Quarter Horse Racing Association, Inc., Florida Quarter Horse Breeders and Owners Association, Inc., and Gerald Keesling vs. Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering; Case No.: 11-5796RU; Order in ...

7. Notices Regarding Bids, Proposals and Purchasing

• Other Agencies and Organizations
  • Jacksonville Port Authority
    • Other Agencies and Organizations, Jacksonville Port Authority

8. Miscellaneous

• Department of Environmental Protection
  • Departmental
    • Department of Environmental Protection, Departmental
• Agency for Health Care Administration
  • Certificate of Need
    • Agency for Health Care Administration, Certificate of Need
• Department of Highway Safety and Motor Vehicles
  • Division of Motor Vehicles
    • Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles