Vol. 49, No. 182 (09/19/2023)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • The Board proposes an amendment to update the notice requirements.
  • Building Code Administrators and Inspectors Board
    • The Board proposes a rule amendment to update the notice of noncompliance to comply with statutory requirements.

2. Proposed Rules

• Department of Education
  • Commission for Independent Education
    • To implement House Bill 1521 (Chapter. 2023-106, Laws of Florida) which was passed during the 2023 legislative session creating s. 553.865, F.S., providing requirements for the designation of restrooms and changing facilities ....
      • Due of Comment: 10/10/2023
• Department of Financial Services
  • OIR – Insurance Regulation
    • The Office of Insurance Regulation is creating rule 69O-171.012, to implement Section 627.4108, F.S., which was created by Section 19 of Chapter 2023-172, L.O.F. The statute requires that authorized residential insurers ....
      • Due of Comment: 10/10/2023
    • Section 624.424, Florida Statutes, requires insurers to file quarterly and annual financial reports with the Office of Insurance Regulation and allows the Office to enact rules setting the standards for those reports. By ....
      • Due of Comment: 10/10/2023
    • Rule 69O-138.001 is amended to adopt the 2022 and 2023 National Association of Insurance Commissioners Financial Condition Examiners Handbooks. The current rule adopted the 2019 and 2020 versions of these handbooks. Rules ....
      • Due of Comment: 10/10/2023
    • Rule 69O-137.014 “Notice of Temporary Discontinuance of Writing New Residential Property Insurance Policies” is being created to enact the provisions of Section 624.4301, F.S., as created by Section 7 of Chapter 2023-172, ....
      • Due of Comment: 10/10/2023
    • Chapter 197 is amended to incorporate changes to implement Chapter 2023-29, Laws of Florida.
      • Due of Comment: 10/10/2023
    • Updating the registration process for pharmacy benefit managers.
      • Due of Comment: 10/10/2023
• Department of Revenue
  • Departmental
    • The purpose of the proposed amendments to Rule 12-3.007, F.A.C. (Delegation of Authority), is to: (1) reflect the increase in the authority of the Executive Director of the Department of Revenue to approve tax reductions ....
      • Due of Comment: 10/10/2023
    • Rule 12-11.011, F.A.C., Requests for Technical Advice (RTA), was repealed effective March 25, 2020. The purpose of the proposed amendments to Rule 12-11.002, F.A.C. (Definitions), is to remove an obsolete reference to an ....
      • Due of Comment: 10/10/2023
    • Rule 12-11.011, F.A.C., Requests for Technical Advice (RTA), was repealed effective March 25, 2020. The purpose of the proposed amendments to Rule 12-22.005, F.A.C. (Disclosure Procedures), is to remove the obsolete provisions ....
      • Due of Comment: 10/10/2023
    • Updates to Form DR-600TP, ACH-Credit Payment Method Requirements for Making Electronic Payments (new title), are needed to clarify the field contents and the taxpayer identification number required when setting up an account ....
      • Due of Comment: 10/10/2023
    • Section 12, Ch. 2023-17, L.O.F., created paragraph 212.08(7)(v), F.S., providing up to a $5,000 refund for sales tax paid on building materials used to construct an affordable housing unit subject to an agreement with the ....
      • Due of Comment: 10/10/2023
    • The purpose of the proposed amendment to Rule 12-28.008, F.A.C. (Due Date; General Provisions), is to remove a redundant provision regarding the due date of remittances by the Clerks of the Court.
      • Due of Comment: 10/10/2023
    • Sections 21, 34, and 41, Chapter 2023-17, L.O.F., provide for a corporate income tax credit (s. 220.1878, F.S.) and insurance premium tax credit (s. 624. 51058, F.S.) for contributions to the Florida Housing Finance Corporation ....
      • Due of Comment: 10/10/2023
  • Sales and Use Tax
    • The purpose of the proposed amendments to Rule 12A-1.070, F.A.C., is to incorporate the reduction of the tax rate from 5.5 percent to 4.5 percent, effective December 1, 2023, on the rental, lease, or license to use, occupy, ....
      • Due of Comment: 10/10/2023
    • The purpose of the proposed amendments to Rule 12A-1.001, F.A.C. (Specific Exemptions), is to remove the unnecessary provision that the exemption in s. 212.08(7)(x), F.S., for certain sporting equipment brought into Florida ....
      • Due of Comment: 10/10/2023
    • : The purpose of the proposed amendments to Rule 12A-16.008, F.A.C. (Public Use Forms), is to incorporate, by reference, updates to Form DR15SWN, Instructions for Solid Waste and Surcharge.
      • Due of Comment: 10/10/2023
    • The purpose of the proposed amendment to Rule 12A-19.050, F.A.C. (Notification of Local Communications Services Tax Rate Changes and Permit Fee Elections), is to incorporate the provisions of s. 337.401(3)(c), F.S., regarding ....
      • Due of Comment: 10/10/2023
  • Miscellaneous Tax
    • The purpose of proposed amendments to Rule 12B-5.020, F.A.C. (Definitions; Specific Exemptions), is to update the Code of Federal Regulation regarding fuel grade ethanol. The purpose of the proposed amendments to Rule ....
      • Due of Comment: 10/10/2023
    • : The purpose of the proposed amendments to Rule 12B-8.001, F.A.C. (Premium Tax; Rate and Computation), is to remove obsolete provisions for interest rates for tax due prior to January 1, 2000, for the excess salary tax ....
      • Due of Comment: 10/10/2023
  • Corporate, Estate and Intangible Tax
    • The purpose of the proposed amendments to Rule 12C-1.0188 (Enterprise Zone Program) is to remove provisions previously used to administer the Florida Enterprise Zone jobs credit and property tax credit which has been repealed. The ....
      • Due of Comment: 10/10/2023
    • : The purpose of the proposed amendments to Rule 12C-3.0015, F.A.C. (Affidavit – No Florida Estate Tax Due), and to Rule 12C-3.008, F.A.C. (Public Use Forms), incorporating by reference the related affidavits, is to reflect ....
      • Due of Comment: 10/10/2023

3. Notices of Changes, Corrections and Withdrawals

• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • Emergency Management, Emergency Environmental Control for Assisted Living Facilities

4. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Business and Professional Regulation
  • Division of Hotels and Restaurants
    • an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2017 FDA Food Code from Tacos Wey 561 LLC located in Boca Raton. The above referenced F.A.C. addresses the requirement ....
• Department of Health
  • Board of Massage Therapy
    • of the issuance of an Order regarding the Petition for Variance and Waiver, filed by Catherine Riley on July 31, 2023. The Notice of a request for Waiver or Variance was published in Vol. 49, No. 152, of the August 7, ....
    • of the issuance of an Order regarding the Petition for Variance and Waiver, filed by Michelle Hamel on August 4, 2023. The Notice of a request for Waiver or Variance was published in Vol. 49, No. 152, of the August 7, ....
    • of the issuance of an Order regarding the Petition for Variance and Waiver, filed by Melissa Rye on July 31, 2023. The Notice of a request for Waiver or Variance was published in Vol. 49, No. 152, of the August 7, 2023, ....
• Department of Business and Professional Regulation
  • Board of Accountancy
    • variance or waiver filed by Michael Moragas. Petitioner seeks a permanent variance or waiver of rule 61H1-28.0052(1)(b), F.A.C., regarding the timeframes with respect to the CPA Examination, which requires that candidates ....
• Department of Health
  • Board of Podiatric Medicine
    • variance or waiver filed by Caydee Ward. Petitioner seeks a temporary variance or waiver of Rule 64B18-24.002, F.A.C., which states that all podiatric x-ray assistant training course and examination providers shall apply ....

5. Notices of Meetings, Workshops and Public Hearings

• Fish and Wildlife Conservation Commission
  • Freshwater Fish and Wildlife
    • The Commission will be hosting a public meeting to discuss captive wildlife regulations in Florida regarding permits to operate a native wildlife ....  September 25, 2023, from 6:00 pm - 8:00 pm, EST.  Hilton Orlando 32409 6001 ...
    • The Commission will be hosting a public meeting to discuss captive wildlife regulations in Florida regarding permits to operate a native wildlife ....  September 26, 2023, from 6:00 pm - 8:00 pm, EST.  Homewood Suites by Hilton ...
    • The Commission will be hosting a public meeting to discuss captive wildlife regulations in Florida regarding permits to operate a native wildlife ....  September 28, 2023, from 6:00 pm - 8:00 pm, CST.  Hilton Garden Inn Panama ...
    • The Commission will be hosting a public meeting to discuss captive wildlife regulations in Florida regarding permits to operate a native wildlife ....  September 27, 2023, from 6:00 pm - 8:00 pm, EST.  Aloft Jacksonville Airport ...