Vol. 42, No. 190 (09/29/2016)

1. Notices of Development of Proposed Rules and Negotiated Rulemaking

• Agency for Health Care Administration
  • Medicaid
    • The purpose of the amendment to Rule 59G-4.002 is to incorporate by reference the Florida Medicaid provider reimbursement schedules and billing codes. The amendment records effective dates for reimbursement schedules for certain Florida Medicaid ...
• Florida Commission on Offender Review
  • Departmental
    • The purpose is to emphasize that firearm possession is not allowed by those on conditional release. The effect is to make clear to those under supervision that firearm possession is not allowed.
    • The purpose is to create a procedure for those who are out-of-state and want to waive a violation hearing. The effect will allow those on release to waive a revocation hearing out-of-state if approved by the commission.
    • The purpose is to create a procedure for those who are out-of-state and want to waive a violation hearing. The effect will allow those on release to waive a revocation hearing out-of-state if approved by the commission.
    • The purpose is to create a procedure for those who are out-of-state and want to waive a violation hearing. The effect will allow those on release to waive a revocation hearing out-of-state if approved by the commission.
    • The purpose is to emphasize that firearm possession is not allowed by those on conditional release. The effect is to make clear to those under supervision that firearm possession is not allowed.
    • The purpose is to emphasize that firearm possession is not allowed by those on addiction recovery supervision. The effect is to make clear to those under supervision that firearm possession is not permitted.
• Florida Housing Finance Corporation
  • Departmental
    • This rule chapter establishes the procedures by which the Florida Housing Finance Corporation administers the State Housing Initiatives Partnership (SHIP) Program, which provides funds to local governments as an incentive to create partnerships to ...
• Department of Agriculture and Consumer Services
  • Division of Marketing and Development
    • The purpose of this rulemaking is to substantially revise the Florida Agricultural Promotion Campaign to increase consumer awareness and expand the market for Florida agricultural products.
• Agency for Health Care Administration
  • Medicaid
    • The purpose of Rule 59G-6.005, Florida Administrative Code (F.A.C.), is to describe Florida Medicaid’s payment methodology for services provided to recipients by physicians and other licensed health care practitioners who are enrolled in the Florida ...

2. Proposed Rules

• Department of Education
  • State Board of Education
    • Align the rule with sections 1009.531, 1009.532, 1009.534, 1009.535 and 1009.536, F.S., as amended by the 2016 Florida Legislature making it consistent with governing law.
      • Due of Comment: 10/20/2016
• Department of Financial Services
  • OIR – Insurance Regulation
    • Pursuant to the rules of the Department of State, including Rule 1S-1.002(8)(a)1., F.A.C., the Financial Services Commission hereby summarizes the proposed action to Rule 69O-161.001,.009,.010,.011: Prior Authorization Forms: The rules adopt a ...
      • Due of Comment: 10/20/2016
• Fish and Wildlife Conservation Commission
  • Marine Fisheries
    • At their September 2016 meeting, the Commission approved proposed rules for gray triggerfish to decrease the Atlantic recreational and commercial minimum size limits, as well as the statewide importation and sale minimum size limit, from 14 inches ...
      • Due of Comment: 10/20/2016
• Department of Health
  • Board of Medicine
    • The proposed rule amendment incorporates the revised physician assistant licensure application which deletes the question regarding the applicant’s place of birth.
      • Due of Comment: 10/20/2016
  • Board of Osteopathic Medicine
    • The proposed rule amendment incorporates the revised physician assistant licensure application which deletes the question regarding the applicant’s place of birth.
      • Due of Comment: 10/20/2016
• Department of Education
  • State Board of Education
    • Amend the Florida Standard Charter Contract (Form IEPC-SC) incorporated by reference to reflect changes made in section 1002.33, F.S.
      • Due of Comment: 10/20/2016
    • Removes the obsolete subsection (2), that gives authority to the Commissioner of Education to reduce the 180-day school term by up to a maximum of three school days for one or more schools provided the scheduled net instructional time for the school ...
      • Due of Comment: 10/20/2016
    • School bus operator training occurs at the local level. This amendment removes the requirement for the Commissioner of Education to provide a certification for school bus operator training. The amendment also specifies that a person with a medical ...
      • Due of Comment: 10/20/2016
• Fish and Wildlife Conservation Commission
  • Marine Fisheries
    • The purpose of this proposed rule amendment is to address updates to the Physician Certification of Disability form for the Restricted Species Endorsement (RS) that is incorporated into Commission rules to reflect an updated, more user-friendly ...
      • Due of Comment: 10/20/2016
    • The purpose of this proposed rule is to repeal a series of Special Acts of Local Application (Special Acts) for St. Lucie County. These Special Acts pre-date the statewide regulation of marine fisheries and were originally enacted by the ...
      • Due of Comment: 10/20/2016
    • The purpose of this proposed rule amendment is to address updates to the Stone Crab Trap Certificate Transfer Application form that is incorporated into Commission rules to reflect an updated, more user-friendly version developed by the Agency. ...
      • Due of Comment: 10/20/2016
  • Marine Resources
    • The purpose of this proposed rule amendment is to address updates to the Spiny Lobster Trap Certificate Transfer Application form that is incorporated into Commission rules to reflect an updated, more user-friendly version developed by the Agency. ...
      • Due of Comment: 10/20/2016

3. Notices of Changes, Corrections and Withdrawals

• Department of Children and Families
  • Economic Self-Sufficiency Program
    • Family-Related Medicaid Eligibility Determination Process, Family-Related Medicaid Income and Resource Criteria, Family-Related Medicaid Budgeting Criteria
• Department of Environmental Protection
  • Departmental
    • Forms
• Department of Economic Opportunity
  • Division of Workforce Services
    • Definitions, Displaced Homemaker Program Service Provider Application
• Department of Health
  • Board of Acupuncture
    • Documentation Necessary for Licensure Application
• Department of Business and Professional Regulation
  • Board of Employee Leasing Companies
    • Probable Cause Panel

4. Emergency Rules

• Department of Legal Affairs
  • Departmental
    • (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide)

5. Petitions and Dispositions Regarding Rule Variance or Waiver

• Department of Business and Professional Regulation
  • Board of Accountancy
    • the petition filed by Tanya Miller on July 25, 2016, seeking a variance or waiver of paragraph 61H1-27.002(2)(a), Florida Administrative Code, has been withdrawn. The notice of Petition was published in Vol. 42, No. 152 of the July 25, 2016 issue of ...
  • Division of Hotels and Restaurants
    • On September 1, 2016 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Heavenly Taste, Inc. ...
• Department of Health
  • Board of Medicine
    • Department of Health, Board of Medicine
    • Department of Health, Board of Medicine
    • Department of Health, Board of Medicine
    • Department of Health, Board of Medicine
  • Board of Clinical Laboratory Personnel
    • variance or waiver filed by William Marena. Petitioner is seeking a variance or waiver of Rule 64B3-5.002(3)(a), Option 3a, Florida Administrative Code, which sets forth the education, training/experience and examination requirements for licensure ...
    • variance or waiver filed by Clifford Michael Morris. Petitioner is seeking a variance or waiver of Rule 64B3-5.003(3)(a), Option 1, Florida Administrative Code, which sets forth the education, training/experience and examination requirements for a ...
  • Board of Medicine
    • Department of Health, Board of Medicine
    • Department of Health, Board of Medicine
• Department of Business and Professional Regulation
  • Florida Real Estate Appraisal Board
    • that the Petition filed by John C. Gibilaro on August 15, 2016, seeking a variance or waiver of 61J1-4.010(1)(b)(c), F.A.C., has been withdrawn. The Notice of Petition was published in Vol. 42, No. 166 of the August 25, 2016, issue of the Florida ...
  • Board of Accountancy
    • variance or waiver filed by Simon Owi, seeking a variance or waiver of Rule 61H1-28.0052(1)(b), Florida Administrative Code, that requires candidates to pass all four test sections of the CPA Examination within a rolling eighteen-month period, which ...
  • Division of Hotels and Restaurants
    • Wellington G Condominium at 220 Wellington G, West Palm Beach, FL. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.4.4 as adopted by 61C-5.001(1), Florida Administrative Code that requires top of car emergency ...
    • LaNapolera Restaurant at 1440 Hendricks Ave, Jacksonville, FL. Petitioner seeks an emergency variance of the requirements of ASME A18.1, Section 2.1.2.8, as adopted by 61C-5.001(1), Florida Administrative Code that requires minimum head clearance ...

6. Notices of Meetings, Workshops and Public Hearings

• Other Agencies and Organizations
  • HNTB
    • Financial Project I.D.: 432100-1-22-01 Design Project ID Number: 242484-7-32-01 Federal Aid Project No: 0041-227-I Project Description: “I-4 Beyond the Ultimate”, from west of the Beachline Expressway/State Road (SR) 528 to west of Kirkman ...
      • Hearing Meeting: Wyndham Orlando Resort International Drive 8001 International Drive Orlando, FL 32819
  • Sunshine State One Call of Florida
    • Purpose: To develop the agenda for the November 17 & 18, 2016 Committee, and Board of Directors meetings.; Executive Committee Meeting Thursday, October 13, 2016 10 a.m. – noon ; This meeting will be held by teleconference. To participate, call 1-...
      • Hearing Meeting: This meeting will be held by teleconference. To participate, call 1-888-670-3525 and enter Participant passcode: 8567463178 then #
• Department of Children and Families
  • Substance Abuse Program
    • Peace River Center wishes to add 20 Baker Act beds at the new construction unit, located at 715 N. Lake Avenue, Lakeland, FL 33801; October 5, 2016 10:00a.m. -12:00 noon; Community room 0f the Sunshine Bank located at 3340 South Florida Avenue, ...
      • Hearing Meeting: Community room 0f the Sunshine Bank located at 3340 South Florida Avenue, Lakeland, FL 33803
• Water Management Districts
  • Suwannee River Water Management District
    • Governing Board Meeting, Public Hearing and Committee Meetings. Consider Suwannee River Water Management District business.; Tuesday, October 11, 2016, 9:00 a.m.; District Headquarters, 9225 CR 49, Live Oak, FL 32060
      • Hearing Meeting: District Headquarters, 9225 CR 49, Live Oak, FL 32060
• Department of Education
  • State Board of Education
    • Exploration and discussion of information pertaining to students with disabilities transfer of rights and related parental rights.; November 15, 2016, 10:00 a.m.; (888) 670-3525, passcode 8006155226
      • Hearing Meeting: (888) 670-3525, passcode 8006155226
• Other Agencies and Organizations
  • LYNX
    • The Central Florida Regional Transportation Authority (dba LYNX) will participate in a grant workshop to discuss the availability of funding under the Section 5310 program for the urbanized Orlando and Kissimmee areas, as administered by LYNX. A ...
      • Hearing Meeting: FDOT District 5 Offices, 133 South Semoran Blvd Orlando, FL 32807 Lake Apopka Conference Room B
• Department of Management Services
  • Division of Purchasing
    • In accordance with section 120.525, Florida Statutes, My Florida Market Place (MFMP) Training Event (NON-MANDATORY) is hereby noticed within the timeline for the Invitation to Bid (ITB) No. 22-44102100-Z. The Department reserves the right to issue ...
      • Hearing Meeting: Conference Room 360K, 4050 Esplanade Way, Tallahassee, Florida 32399-0950 Webinar Information: https://global.gotomeeting.com/join/569130253 Call in number: 877-309-2070 Participant Code: 569-130-253
• Department of Business and Professional Regulation
  • Board of Auctioneers
    • General Board business.; November 15, 2016, 10:00 a.m.; Rosen Centre Hotel, 9840 International Drive, Orlando, FL 32819
      • Hearing Meeting: Rosen Centre Hotel, 9840 International Drive, Orlando, FL 32819
• Water Management Districts
  • St. Johns River Water Management District
    • Discussion of agricultural cost share projects and project ranking.; October 5 and 6, starting at 9:00 am.; 601 South Lake Destiny, Suite 200, Maitland Florida 32751
      • Hearing Meeting: 601 South Lake Destiny, Suite 200, Maitland Florida 32751
• Department of Health
  • Board of Acupuncture
    • General business of the board.; (UPDATED) THIS MEETING HAS BEEN CANCELLED FOR September 30, 2016, 9:00 a.m.; (UPDATED) THIS MEETING HAS BEEN CANCELLED Telephone conference number: 1(888)670-3525, participant code: 6656186923
      • Hearing Meeting: (UPDATED) THIS MEETING HAS BEEN CANCELLED Telephone conference number: 1(888)670-3525, participant code: 6656186923
• Department of Business and Professional Regulation
  • Building Code Administrators and Inspectors Board
    • Rule 61G19-6.017 - One and Two Family Dwelling Inspector Certification; October 20, 2016 at 9:00 AM Eastern Standard Time; Floridays Resort Orlando 12562 International Drive Orlando, Florida 32821 Telephone Number - 407-238-7700
      • Hearing Meeting: Floridays Resort Orlando 12562 International Drive Orlando, Florida 32821 Telephone Number - 407-238-7700
    • Rule 61G19-9.004 - Approval of Courses; October 20, 2016 at 9:00 AM Eastern Standard Time; Floridays Resort Orlando 12562 International Drive Orlando, Florida 32821 Telephone Number - 407-238-7700
      • Hearing Meeting: Floridays Resort Orlando 12562 International Drive Orlando, Florida 32821 Telephone Number - 407-238-7700
    • Standards related to providers of programs outlined in the following rules. 61G19-7.001, 61G19-7.0015, 61G19-7.002, 61G19-7.004, 61G19-7.006, 61G19-7.007, 61G19-7.008, 61G19-7.009 and 61G19-7.010; October 20, 2016 at 9:00 AM Eastern Standard Time; ...
      • Hearing Meeting: Floridays Resort Orlando 12562 International Drive Orlando, Florida 32821 Telephone Number - 407-238-7700
• Department of Health
  • Departmental
    • Institutional Review Board (IRB) Conference call agenda items.; November 02, 2016, 9:00 a.m.; Telephone conference number: 1(888)670-3525 participant code: 2922384719#
      • Hearing Meeting: Telephone conference number: 1(888)670-3525 participant code: 2922384719#
• Florida Housing Finance Corporation
  • Departmental
    • To conduct a TEFRA hearing concerning the potential future execution and delivery of a tax-exempt note by Florida Housing to provide additional financing for the acquisition, construction or rehabilitation of the following multifamily residential ...
      • Hearing Meeting: The offices of Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301
    • To conduct a TEFRA hearing concerning the potential future execution and delivery of a tax-exempt note by Florida Housing to provide additional financing for the acquisition, construction or rehabilitation of the following multifamily residential ...
      • Hearing Meeting: The offices of Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301
• Other Agencies and Organizations
  • AIM Engineering
    • FDOT will hold a public meeting to provide information about the widening of SR 82 from two to four lanes. The meeting is an open house with no formal presentation. People attending the meeting may review project displays and aerial photographs and ...
      • Hearing Meeting: Veterans Park Recreational Center Gym, 55 Homestead Road South Lehigh Acres, Florida 33936

7. Notices of Petitions and Dispositions Regarding Declaratory Stat

• Department of Health
  • Board of Podiatric Medicine
    • Jimmy Trang, DPM, CWS, filed on September 16, 2016.; The petition seeks the Board’s interpretation of Section 461.014(1)(b), F.S., and whether a residency program may be established at a hospital where a podiatric physician is on the hospital staff ...
• Agency for Health Care Administration
  • Health Facility and Agency Licensing
    • PSO Florida and the ECRI Institute on August 29, 2016.
• Department of Corrections
  • Departmental
    • Barbara Pinault; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Rayburn Williams; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Debra Thomas; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Ethel Kram; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as written. ...
    • Andrea Lane; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as written....
    • Kathleen Ruppert; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Connie Brookes; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Carmen Burgos; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
• Department of Financial Services
  • Division of State Fire Marshal
    • Dale E. Fey, Jr, Fire Marshal of North Collier Fire Rescue District on September 26, 2016.; The Petition seeks the agency’s opinion as to whether the language of s. 633.202(19) modifies or changes the requirement for area of refuge in the Florida ...
• Department of Corrections
  • Departmental
    • Colleen and Steve Andrew; The Petitioners asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative ...
    • Michelle Wilson; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Anne Pearler; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Debra Cox; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as written. ...
    • Shirlene Cox; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...
    • Catherine Daniels; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...

8. Notices Regarding Bids, Proposals and Purchasing

• Department of Education
  • Departmental
    • Department of Education, Departmental

9. Miscellaneous

• Department of Health
  • Board of Pharmacy
    • Department of Health, Board of Pharmacy
• Agency for State Technology
  • Departmental
    • Agency for State Technology, Departmental
• Department of Economic Opportunity
  • Division of Community Development
    • Department of Economic Opportunity, Division of Community Development
• Department of Business and Professional Regulation
  • Board of Employee Leasing Companies
    • Department of Business and Professional Regulation, Board of Employee Leasing Companies
• Department of Management Services
  • Division of Administrative Hearings
    • Department of Management Services, Division of Administrative Hearings
• Department of Economic Opportunity
  • Division of Community Development
    • Department of Economic Opportunity, Division of Community Development
• Department of Business and Professional Regulation
  • Board of Cosmetology
    • Department of Business and Professional Regulation, Board of Cosmetology
• Department of Economic Opportunity
  • Division of Community Development
    • Department of Economic Opportunity, Division of Community Development
• Department of Business and Professional Regulation
  • Construction Industry Licensing Board
    • Department of Business and Professional Regulation, Construction Industry Licensing Board
  • Board of Landscape Architecture
    • Department of Business and Professional Regulation, Board of Landscape Architecture
  • Florida Real Estate Appraisal Board
    • Department of Business and Professional Regulation, Florida Real Estate Appraisal Board
• Department of Management Services
  • E911 Board
    • Department of Management Services, E911 Board
• Department of Business and Professional Regulation
  • Board of Professional Engineers
    • Department of Business and Professional Regulation, Board of Professional Engineers
  • Regulatory Council of Community Association Managers
    • Department of Business and Professional Regulation, Regulatory Council of Community Association Managers
• Department of Legal Affairs
  • Florida Elections Commission
    • Department of Legal Affairs, Florida Elections Commission
• Department of Business and Professional Regulation
  • State Boxing Commission
    • Department of Business and Professional Regulation, State Boxing Commission
  • Board of Auctioneers
    • Department of Business and Professional Regulation, Board of Auctioneers
• Department of Management Services
  • State Retirement Commission
    • Department of Management Services, State Retirement Commission
• Department of Business and Professional Regulation
  • Board of Professional Geologists
    • Department of Business and Professional Regulation, Board of Professional Geologists
  • Building Code Administrators and Inspectors Board
    • Department of Business and Professional Regulation, Building Code Administrators and Inspectors Board
  • Board of Veterinary Medicine
    • Department of Business and Professional Regulation, Board of Veterinary Medicine
  • Pilotage Rate Review Committee
    • Department of Business and Professional Regulation, Pilotage Rate Review Committee
• Department of Financial Services
  • FSC - Financial Institution Regulation
    • Department of Financial Services, FSC - Financial Institution Regulation
• Department of Business and Professional Regulation
  • Florida Real Estate Commission
    • Department of Business and Professional Regulation, Florida Real Estate Commission
• Commission for the Transportation Disadvantaged
  • Departmental
    • Commission for the Transportation Disadvantaged, Departmental
• Department of Corrections
  • Departmental
    • Department of Corrections, Departmental
• Agency for Health Care Administration
  • Departmental
    • Agency for Health Care Administration, Departmental
• Board of Governors
  • Departmental
    • Board of Governors, Departmental
• Department of Financial Services
  • Finance
    • Department of Financial Services, Finance
• Department of Business and Professional Regulation
  • Board of Accountancy
    • Department of Business and Professional Regulation, Board of Accountancy
  • Board of Architecture and Interior Design
    • Department of Business and Professional Regulation, Board of Architecture and Interior Design
  • Board of Pilot Commissioners
    • Department of Business and Professional Regulation, Board of Pilot Commissioners
  • Electrical Contractors' Licensing Board
    • Department of Business and Professional Regulation, Electrical Contractors' Licensing Board
  • Barbers' Board
    • Department of Business and Professional Regulation, Barbers' Board