Vol. 39, No. 169 (08/29/2013), Florida Administrative Register

Vol. 39, No. 169 (08/29/2013)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

Department of State
- Division of Library and Information Services
  - The purpose and effect of the proposed rulemaking development is to amend the guidelines for the State Aid to Libraries Grant Program.
Department of Corrections
- Departmental
  - The purpose and effect of the proposed rule is to revise Form DC1-801, Chain of Custody, to include the reason for transfer and method of transfer on the form and to cite to the correct subsection of the rule in which Form DC6-220 is incorporated by ...
  - The purpose and effect of the proposed rule is to require that staff that are authorized to carry MK-9 sized canister or equivalent OC be issued an MK-9 sized canister or equivalent OC.
Agency for Health Care Administration
- Medicaid
  - The purpose of the amendment to Rule 59G-6.045 is to incorporate by reference the Title XIX Intermediate Care Facility for the Mentally Retarded and Developmentally Disabled Reimbursement Plan for Facilities not Publicly Owned and not Publicly ...
Department of Health
- Board of Psychology
  - To increase the time that a passing score in the Florida laws and rules examination is valid.

2. Proposed Rules

Department of State
- Division of Elections
  - The rule change is intended to comply with recent legislation regarding the statewide uniform voter registration application. The rule change will add fields for an email address and an indication whether an applicant desires sample ballots to be ...
    - Due of Comment: 9/19/2013
Department of Corrections
- Departmental
  - The purpose and effect of the proposed rule is to delete subsections (2) through (4) of the rule which are unnecessary and to correctly identify where Form DC1-303 is incorporated by reference in.
    - Due of Comment: 9/19/2013
Department of State
- Division of Elections
  - Makes clarifying changes and adds an additional ground for revocation of registration of political committees or electioneering communications organizations. Requires that the initial notice of intent to revoke be sent to both the entity's ...
    - Due of Comment: 9/19/2013

3. Notices of Changes, Corrections and Withdrawals

Agency for Health Care Administration
- Medicaid
  - Payment Methodology for Nursing Home Services
Department of Education
- State Board of Education
  - Definitions, Federal Regulations Adopted by Reference, Establishment of Vending Facilities, Issuance of License, Conditions for Removal from a Facility; Suspension or Revocation of License, Grievance Procedure, Announcement of Facility Vacancies, ...
Department of Health
- Board of Chiropractic Medicine
  - Standard of Practice for Electrodiagnosis.

4. Petitions and Dispositions Regarding Rule Variance or Waiver

Department of Business and Professional Regulation
- Division of Hotels and Restaurants
  - Twin Towers B. Petitioner seeks an emergency 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 ...
Department of Law Enforcement
- Criminal Justice Standards and Training Commission
  - a temporary waiver of Rule 11B-27.002, F.A.C., by Scott Alan King. The petition was originally entitled "Petition for Emergency Waiver of Rule 11B-35.002(2)". The Petitioner, however, resubmitted his request without the designation “emergency” with ...
Florida Housing Finance Corporation
- Departmental
  - waiver from Lulav Square Apartments Limited Partnership of Section III(B)(1)(a) and Section III(B)(1)(b) of Instructions and Chapter 67-48, to request a waiver of (i) Rule B(1)(a) to allow for the use of EER (as opposed to SEER) 12.9 split air ...
  - waiver from Brickell View Terrace Apartments, LTD. of Rule 67-48.004(14)(j) on changing the “Total Set-Aside Percentage” in its 2011 Universal Application, and (ii) a waiver or variance from the provisions of Part III.E.b.1.(2)(c) of the Universal ...
Department of Business and Professional Regulation
- Division of Alcoholic Beverages and Tobacco
  - Rule Waiver Request filed by ABC Liquors Store # 137, VW 2013-285. Rule No: 61A-1.006(3) Nature of the rule for which variance or waiver is sought: The Petitioner, ABC Liquors Store # 137 requests a Rule Waiver of subsection 61A-1.006(3), ...
Florida Housing Finance Corporation
- Departmental
  - waiver from The Lofts at Tarpon River, LLC. of Rule 67-48.004(14)(j), seeking to increase the total number of units in the Development from 100 (as contained in its Universal Application) to 112, and to decrease the Total Set-Aside Percentage from ...

5. Notices of Meetings, Workshops and Public Hearings

Department of Health
- Office of Statewide Research
  - To conduct review of new research studies involving human participants, modifications to existing studies, and continuing review of ongoing research to make sure research studies comply with regulations and the Department's ethical standards.; Sept. ...
    - Hearing Meeting: Capital Circle Office Complex, Building 2585, Conference Room 310A Tallahassee, Florida
Regional Planning Councils
- Tampa Bay Regional Planning Council
  - To conduct the regular business of the Agency on Bay Management.; September 12, 2013 at 9:00 a.m.; 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, Fl 33782
    - Hearing Meeting: 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, Fl 33782
Florida Commission on Offender Review
- Departmental
  - Objective Parole Guidelines; September 5, 2013, 10:30 a.m.; 4070 Esplanade Way, Tallahassee, FL 32399
    - Hearing Meeting: 4070 Esplanade Way, Tallahassee, FL 32399
Fish and Wildlife Conservation Commission
- Freshwater Fish and Wildlife
  - This is a quarterly meeting of the Steering Committee for the Florida Beaches Habitat Conservation Plan. Topics to be discussed include staff updates from the last quarter and the work plan for the remainder of the calendar year. No votes will be ...
    - Hearing Meeting: (online meeting; contact Jennifer McGee for call-in info)
Other Agencies and Organizations
- Florida Automobile Joint Underwriting Association
  - FAJUA Operating Committee - Review proposed changes in the FAJUA Underwriting Manual for recommendation to the Board of Governors and any other matters that may come before the committee.; Thursday, September 5, 2013, 1:30 PM; Please contact for ...
    - Hearing Meeting: Please contact for Dial In
Metropolitan Planning Organizations
- Collier Metropolitan Planning Organization
  - Local Coordinating Board for the Transportation Disadvantaged meeting.The LCB agenda will be posted on the MPO’s web site approximately two weeks prior to the meeting.; Thursday, September 12, 2013, 2:00 p.m.; Collier County Government Center, ...
    - Hearing Meeting: Collier County Government Center, Information Technology Training Room, 5th Floor, 3299 East Tamiami Trail, Naples, FL.
Regional Utility Authorities
- Tampa Bay Water - A Regional Water Supply Authority
  - Interview the Project Managers of the four firms that have submitted Statements of Qualifications for the System Engineer Contract.; Wednesday, September 4, 2013 from 10:00 a.m. to 2:00 p.m.; Tampa Bay Water Cypress Creek Pump Station Cypress Room ...
    - Hearing Meeting: Tampa Bay Water Cypress Creek Pump Station Cypress Room 8865 Pumping Station Road Land O'Lakes, FL 34639
Department of Environmental Protection
- Departmental
  - To provide members of the public an opportunity to get information on the oil and gas permitting process and have their questions answered regarding the Department's assessment of the application from the Dan A. Hughes Company, L.P. for a project in ...
    - Hearing Meeting: Golden Gate Estates Community Center, 4701 Golden Gate Parkway, Naples, Florida.
Department of Financial Services
- Departmental
  - Pursuant to Section 509.215, Florida Statutes, a hearing will be conducted by the Historic Task Force to consider a system of fire protection and lifesafety support necessary for a public lodging establishment structure known as the Sadigo Court ...
    - Hearing Meeting: Sadigo Court South Beach, 334 20th Street, Miami Beach, FL in a.m.; and Mayor's Conference Room, 4th Floor, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, FL in p.m.
Department of Agriculture and Consumer Services
- Office of Energy
  - The draft Natural Gas Fuel Fleet Vehicle Rebate rule will be discussed. The purpose of this draft rule is to provide guidance to eligible applicants for the application process, review and administration of the Natural Gas Fuel Fleet Vehicle Rebate.;...
    - Hearing Meeting: 412 Knott Building 404 South Monroe Street Tallahassee, Florida, 32399 Conference Number: (888) 670-3525 Conference Code: 746-582-9551
Other Agencies and Organizations
- Enterprise Florida, Inc.
  - A meeting for the consideration of a resolution authorizing the issuance of the Issuer’s Educational Facilities Revenue Bonds pursuant to a Trust Indenture and Loan Agreement, the proceeds of which will be used for the benefit of the Renaissance ...
    - Hearing Meeting: Enterprise Florida, Inc. 800 North Magnolia Avenue, Suite 1100 Orlando, FL 32803
Department of Environmental Protection
- Office of the Secretary
  - To conduct general business and announce newly appointed Council members. The Council may also consider designation of the Cypress Creek Natural Area as well as the St. Johns River Blueway as components of the Florida Greenways and Trails System.; ...
    - Hearing Meeting: Central Florida Zoo and Botanical Gardens, 3755 Northwest US Highway 17-92, Sanford, Florida 32747, Conference Meeting Room
Florida Housing Finance Corporation
- Departmental
  - The workshop will be held to solicit comments and suggestions from interested persons relative to Florida Housing’s proposed Preservation Request for Applications (RFA), which is expected to be issued in early November of 2013. This RFA will focus ...
    - Hearing Meeting: Hyatt Regency Coral Gables, 50 Alhambra Plaza, Coral Gables, FL, (305) 441-1234
Other Agencies and Organizations
- Citizens Property Insurance Corporation
  - Business before the Market Accountability Advisory Committee.; September 19, 2013, 10:00 a.m.; Citizens Property Insurance Corporation, 8301 Cypress Plaza, Suite 108, Jacksonville, FL 32256: Dial In: 1-866-361-7525, conference ID 7849939192#.
    - Hearing Meeting: Citizens Property Insurance Corporation, 8301 Cypress Plaza, Suite 108, Jacksonville, FL 32256: Dial In: 1-866-361-7525, conference ID 7849939192#.
Department of Health
- Board of Medicine
  - Rule 64B8-10.003; 12:30 pm, October 3, 2013; Caribe Royale
    - Hearing Meeting: Caribe Royale
Other Agencies and Organizations
- Florida Alliance for Assistive Services & Technologies
  - The Florida Alliance for Assistive Services and Technology, Inc. (FAAST) announces for state fiscal year July 1, 2013 – June 30, 2014 that there will be four FAAST, Inc. Board of Directors meetings as well as FAAST Committee meetings to be noticed ...
    - Hearing Meeting: Conference Call: 1(888) 670-3525, Participant Code: 5388317527 #
Water Management Districts
- Southwest Florida Water Management District
  - The employment contract of the newly appointed Executive Director by the Chairman of the SWFWMD and its Executive Director.; September 11, 2013, 10:00 a.m.; Southwest Florida Water Management District, Sarasota Service Office, Governing Board ...
    - Hearing Meeting: Southwest Florida Water Management District, Sarasota Service Office, Governing Board Meeting Room, 6750 Fruitville Road, Sarasota, FL 34240-9711
Department of Business and Professional Regulation
- Board of Professional Engineers
  - General business of the corporation. This meeting may be accessed by conference call. If you would like to participate in the call, please contact Rebecca Sammons at 850.521.0500 ext. 114 at least 48 hours prior to the date of the meeting. ...
    - Hearing Meeting: Hyatt Regency Orlando International Airport 9300 Jeff Fuqua Boulevard Orlando, FL 32827
Department of Transportation
- Departmental
  - Financial Management No. 43219315201; Project Description: I-4 Ultimate Project. The purpose of the meeting is for the Project Selection Committee to meet and make decisions regarding the request of I-4 Development Partners LLC for FDOT’s approval ...
    - Hearing Meeting: District 5 Orlando Urban Office, 133 S Semoran Blvd., Orlando, FL 32807.
Department of Elder Affairs
- Office of Public and Professional Guardians
  - Workshop to Revise By-laws; September 5, 2013 9:30 a.m. EST; Conference call 1-888-670-3525 Participant Code 7919129022#
    - Hearing Meeting: Conference call 1-888-670-3525 Participant Code 7919129022#
Department of Business and Professional Regulation
- Board of Professional Engineers
  - general business of the board.; October 9, 2013 at 1pm (EST) or soon thereafter and October 10, 2013 at 8:30am (EST) or soon thereafter; Hyatt Regency Orlando International Airport 9300 Jeff Fuqua Boulevard Orlando, FL 32827
    - Hearing Meeting: Hyatt Regency Orlando International Airport 9300 Jeff Fuqua Boulevard Orlando, FL 32827
State Board of Administration
- Departmental
  - Regularly scheduled meeting of the Participant Local Government Advisory Council. The PLGAC is a six-member advisory council, which reviews the administration of the Local Government Surplus Funds Trust Fund (aka Florida PRIME) and makes ...
    - Hearing Meeting: Osceola County Government Center, First Floor Conference Room, Tax Collector’s Office, 2501 E. Irlo Bronson Memorial Highway, Kissimmee, Florida 34744. Attendees should check-in at the reception desk. On-site parking available.
Department of Business and Professional Regulation
- Board of Professional Engineers
  - Review applications for licensure and other general business of the committees.; at the conclusion of the FBPE Board Meeting on October 9, 2013; Hyatt Regency Orlando International Airport 9300 Jeff Fuqua Boulevard Orlando, FL 32827
    - Hearing Meeting: Hyatt Regency Orlando International Airport 9300 Jeff Fuqua Boulevard Orlando, FL 32827
Water Management Districts
- St. Johns River Water Management District
  - Official presentation of the FY 2013-2014 tentative millage rate and tentative budget and opportunity to receive public comment prior to consideration and adoption by the Governing Board.; Tuesday, Sept. 10, 2013, 5:05 p.m.; District Headquarters, ...
    - Hearing Meeting: District Headquarters, 4049 Reid Street (Hwy. 100 West), Palatka, FL 32177. One or more Governing Board members may attend and participate in the meeting via telephone or web conferencing technology. Public should attend in person at the District Headquarters.
Department of Health
- Board of Dentistry
  - To conduct general board business.; September 9, 2013 @ 6:00 pm or as soon thereafter as possible.; (888) 670-3525 when prompted, enter conference code 5805370981.
    - Hearing Meeting: (888) 670-3525 when prompted, enter conference code 5805370981.
Department of Financial Services
- OIR – Insurance Regulation
  - To consider a Workers’ Compensation filing made by the National Council on Compensation Insurance, Inc., by which the Council requests an overall average increase in rate levels of 1.0% for the voluntary market for all new and renewal Workers’ ...
    - Hearing Meeting: Senate Office Building, Room 401 S. Monroe Street Tallahassee, Florida

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

Department of Business and Professional Regulation
- Construction Industry Licensing Board
  - Utility Service Company, Inc. on July 31, 2013.; The Petitioner seeks a declaratory statement from the Board with regard to clarification of the scope of work for the "Tower Specialty" license. Except for good cause shown, motions for leave to ...
  - Mark Hickinbotham, P.E. on August 15, 2013.; The Petitioner seeks interpretation of section 489.105(3)(a), Florida Statutes to clarify if a certified general contractor is licensed to perform the same scope of work as a PCC, and whether a certified ...
Department of Economic Opportunity
- Division of Community Development
  - Tampa Bay Black Business Investment Corporation; The Department issued a declaratory statement applying section 288.7102, Florida Statutes, to the set of circumstances raised by TBBBIC in their petition and determined 1) TBBBIC is required to ...

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

Department of Business and Professional Regulation
- Drugs, Devices and Cosmetics
  - Infupharma, LLC vs. Department of Business and Professional Regulation, Drugs, Devices and Cosmetics; Case No.: 13-2559RX; Rule No.: 61N-1.024; Dismissed

8. Notices Regarding Bids, Proposals and Purchasing

Other Agencies and Organizations
- Healthy Start Community Coalition of Okaloosa-Walton Counties, Inc.
  - Other Agencies and Organizations, Healthy Start Community Coalition of Okaloosa-Walton Counties, Inc.

9. Miscellaneous

Department of Health
- Board of Pharmacy
Agency for Health Care Administration
- Certificate of Need
  - Agency for Health Care Administration, Certificate of Need
Department of Health
- Board of Nursing
Other Agencies and Organizations
- Florida Alliance for Assistive Services & Technologies
  - Other Agencies and Organizations, Florida Alliance for Assistive Services & Technologies

Vol. 39, No. 169 (08/29/2013)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

2. Proposed Rules

3. Notices of Changes, Corrections and Withdrawals

4. Petitions and Dispositions Regarding Rule Variance or Waiver

5. Notices of Meetings, Workshops and Public Hearings

6. Notices of Petitions and Dispositions Regarding Declaratory Stat

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

8. Notices Regarding Bids, Proposals and Purchasing

9. Miscellaneous

Classification