- Notices of Development of Proposed Rules and Negotiated Rulemaking (2)
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The purpose and effect of this rulemaking is the repeal of rules 69B-151.009, .012, .105, .106 & .107 in Rule Chapter 69B-151, F.A.C., because the rules are duplicative or unnecessary. Rule 69B-151.004, F.A.C., is being amended to clarify the insurance policies that do not fall under the definition of life insurance. Further, the rulemaking includes the deletion of references to “insurer” and unnecessary definitions. Lastly, the rulemaking corrects a formatting issue in the reference to Form OIR-B2-312.
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These rules are being amended to clarify the statutory requirements under section 717.135,
Florida Statutes, for filing claims; remove unnecessary language; and repealing an obsolete form.
- Proposed Rules (7)
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Section 1, Chapter 2014-196, L.O.F., amended Section 365.172, F.S., to require a prepaid wireless E911 fee on each purchase of a prepaid wireless service. The law requires the fee to be reported and remitted to the Department of Revenue. The purpose of the proposed amendments to Rule Chapter 12-24, F.A.C. (Payment of Taxes and Submission of Returns By Electronic Means; Taxpayer Recordkeeping and Retention Requirements), is to clarify when the prepaid wireless E911 fees must be reported and remitted by dealers through electronic means.
Taxpayers are no longer required to enroll prior to filing returns or remitting tax through electronic means. Rule 12-24.004, F.A.C., is amended to remove the obsolete language regarding mandatory enrollment. If taxpayers choose to enroll, they must do so either through the Department’s website or by submitting Form DR-600, Enrollment and Authorization for e-Services. Taxpayers must specifically authorize the Department to debit their bank accounts; therefore, the Department does not accept attempted enrollment through any means other than the two listed. As the specific information required for enrollment is found on the Department’s website or in Form DR-600, the list of information is being removed from the rule to avoid any confusion.
Taxpayers were previously required to obtain permission from the Department in order to use the ACH credit method to transfer funds. The Department has determined that this requirement provides no benefit to either taxpayers or the Department. Accordingly, Rule 12-24.005, F.A.C., is being amended to provide that taxpayers may elect to use either the ACH debit or the ACH credit method. Language relating to the granting of permission to use the ACH credit method is also being removed from Rule 12-24.008, F.A.C.
The term “unemployment” is changed to “reemployment” throughout the Rule Chapter due to the term being changed through Chapter 443, F.S., by Chapter 2012-30, L.O.F. The number given to one of the Department’s forms is also changed based on the statutory change of terms.
Technical changes have been made to an address used to receive written notifications from taxpayers and to the Department’s web address.
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To make it easier for taxpayers using modern technology to receive a copy of their Annual Resale Certificate and to reduce costs to the state, the Department will provide those certificates through a secure link on its website beginning in January, 2015. A change is being proposed to Rule 12A-19.060, F.A.C., to provide information as to this availability.
The Department has determined that two provisions of Rule 12A-19.060, F.A.C., are unnecessary and provide no benefit to either the taxpayer or the Department. Those provisions are 1) the requirement that a taxpayer sign his or her Annual Resale Certificate; and 2) the requirement of a signed statement by the purchaser on a sales invoice, purchase order, or separate form documenting the sale. Accordingly, the Department is proposing that these provisions be stricken from the rule.
Clarification is made to Rule 12A-19.060(5), F.A.C., as to when an Annual Resale Certificate may be accepted by a dealer in lieu of collecting tax on a sale.
Finally, a technical change is made to the time period during which Department operators are available.
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The purpose of the proposed amendments to Rule Chapter 12B-6, F.A.C. (Gross Receipts Tax), is to clarify that the provisions of the rule chapter apply only to the 2.5 percent tax imposed by subparagraph 203.01(1)(a)1., F.S., and administered under the provisions of Chapter 203, F.S.
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Section 9, Chapter 2014-38, L.O.F., amended Section. 212.08(2), F.S., to provide an exemption from sales and use tax for sales of therapeutic veterinary diets specifically formulated to aid in the management of illness and disease of a diagnosed health disorder in an animal, and which are only available from a licensed veterinarian. The purpose of the proposed amendment to Rule 12A-1.0215, F.A.C. (Veterinary Sales and Services), is to make the rule consistent with the statutory provision.
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The purpose of the proposed amendments to Rule 12A-1.022, F.A.C. (Federal Excise Taxes, Gross Receipts Tax, and Other Fees), is to clarify that taxable charges for electrical power or energy include the gross receipts tax imposed under subparagraph 203.01(1)(a)1., F.S., but do not include the gross receipts tax imposed under subparagraph 203.01(1)(a)3., F.S.
The purpose of the proposed amendments to Rule 12A-1.053, F.A.C. (Electric Power and Energy), is to clarify that sales of electric power or energy for use in residential households by utilities who are required to pay the gross receipts tax imposed under subparagraph 203.01(1)(a)1., F.S., are exempt. The payment of the gross receipts tax imposed under subparagraph 203.01(1)(a)3., F.S., has no effect on the residential sales tax exemption.
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Rule 12A-1.038, F.A.C., provides, in part, guidance as to how a dealer may document a sale made to a nongovernmental tax-exempt entity. Rule 12A-1.039, F.A.C., provides similar guidance for sales made to registered dealers for the purposes of resale. In an effort to assist taxpayers using modern technology, the Department has developed a mobile application that can be used to confirm a customer’s status as a tax-exempt entity or a registered dealer. The purpose of a portion of the proposed changes to the two rules is to include information regarding the availability and use of this new method.
To make it easier for taxpayers using modern technology to receive a copy of their Annual Resale Certificate and to reduce costs to the state, the Department will provide those certificates through a secure link on its website beginning in January, 2015. A change is being proposed to Rule 12A-1.039, F.A.C., to provide information as to this availability.
The Department has determined that three provisions of Rule 12A-1.039, F.A.C., are unnecessary and provide no benefit to either the taxpayer or the Department. Those provisions are 1) including a taxpayer’s registration effective date on the Annual Resale Certificate issued by the Department, as the certificates are issued each year and are clearly labeled with each year’s date; 2) the requirement that a taxpayer sign his or her Annual Resale Certificate; and 3) the requirement of a signed statement by the purchaser on a sales invoice, purchase order, or separate form documenting the sale. Accordingly, the Department is proposing that these provisions be stricken from the rule.
Finally, technical changes are made to both rules for Departmental addresses and to the time period during which Department operators are available.
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Section 17.076(2), F.S., directs the Chief Financial Officer (CFO) to establish a program for the direct deposit of funds to the account of the beneficiary of such a payment or disbursement in any financial institution equipped for electronic fund transfers, which institution is designated in writing by such beneficiary and has lawful authority to accept such deposits. Section 17.075(2), F.S., directs the CFO to adopt rules establishing accounting and recordkeeping procedures for all payments made by electronic transfer of funds. Section 17.29, F.S., authorizes the CFO to adopt rules regarding procedures or policies requiring that payments made by the state for goods, services, or anything of value be made by electronic means, including, electronic funds transfers.
- Notices of Changes, Corrections and Withdrawals (4)
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Gold Seal Quality Care Program
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Gold Seal Quality Care Program
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Reports of Child Abuse, Neglect or Abandonment, Child Protective Investigations, Institutional Child Protective Investigations, Out-of-Town Inquiries
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General, Definitions, Forms, Exemptions, Operational Requirements, Construction Plan or Modification Plan Approval, Construction Plan Approval Standards, Recirculation and Treatment System Requirements, Supervision and Safety, Wading Pools, Spa Pools, Water Recreation Attractions and Specialized Pools, Bathing Places, Fee Schedule, Variances, Enforcement
- Petitions and Dispositions Regarding Rule Variance or Waiver (2)
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On October 30, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Section 3-305.14, 2009 FDA Food Code, Section 6-202.15, 2009 FDA Food Code, Section 6-202.16, 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from Deluxe Lunch Box located in North Lauderdale. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods other than frankfurters from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol. 40/214 on November 03, 2014. The Order for this Petition was signed and approved on November 10, 2014. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that each pan within the steam table is properly covered with an individual lid; the steam table is enclosed within a cabinet with tight-fitting doors, and is protected by an air curtain installed and operated according to the manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; and steam table food is to be dispensed by the operator with no customer self-service. The Petitioner shall also strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation.
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variance of Rule 64B13-5.002(3)(c), F.A.C, filed by Regina Combs on behalf of Review of Optometry requesting a variance of the requirement that a continuing professional education course must be approved by the Board as transcript quality prior to the time it is taken. The Board will consider this petition at a meeting currently scheduled for December 9, 2014.
- Notices of Meetings, Workshops and Public Hearings (23)
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The purpose of the Orlando Area Refugee Task Force meeting is to increase awareness of the refugee populations, share best practices, spot trends in refugee populations, build collaborations between agencies, help create good communication among service providers, get informed about upcoming community events, and discuss refugee program service needs and possible solutions to meeting those needs.; Wednesday, December 10, 2014; 10:00 AM-12:00 Noon; TBD
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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. To access the LCB’s agenda, go to: www.colliermpo.net, select the calendar and then select the meeting date.; Wednesday, Dec. 3 at 2 p.m.; Collier County Board Government Center, Collier Administration – Building F, Information Technology Training Room, 5th Floor, 3299 East Tamiami Trail, Naples, Florida 34112.
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Business before the Claims Committee. The Claims Committee meeting on November 21, 2014 noticed on November 06, 2014 (Vol. 40/217, ID: 15235419) has been rescheduled to December 4, 2014.; Thursday, December 4, 2014, 10:00 a.m.; Conference call: 1(866)361-7525, conference ID: 5219676193#
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The Florida Department of Transportation (FDOT), District Six, currently is conducting the State Road (S.R.) 7/U.S. 441/W 7th Avenue Corridor Study, from S.R. 90/ U.S. 41/S.W. 8th Street to the Golden Glades Interchange Park & Ride Lot, Financial Management Number 432639-2-22-01. This planning study will identify strategies and develop design concepts aimed to enhance safety and mobility along the 10-mile corridor by improving roadway, bicycle and transit facilities while also striving to balance livability considerations such as sidewalks and landscaping.
FDOT will conduct three similar Public Workshops for the S.R. 7/U.S. 441/W 7th Avenue Corridor Study. All meetings will follow an open-house format where participants will be able to offer feedback on corridor-specific issues, review draft improvement concepts, and informally discuss the project with members of the study team. Participants also will be able to submit written comments to the project team if they so desire.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status.; Tuesday, December 2, 2014, 5:00 P.M. - 7:00 P.M.; UM Life Science & Technology Park, 1951 N.W. 7th Avenue, Miami, Florida 33136
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The Florida Department of Transportation (FDOT), District Six, currently is conducting the State Road (S.R.) 7/U.S. 441/W 7th Avenue Corridor Study, from S.R. 90/ U.S. 41/S.W. 8th Street to the Golden Glades Interchange Park & Ride Lot, Financial Management Number 432639-2-22-01. This planning study will identify strategies and develop design concepts aimed to enhance safety and mobility along the 10-mile corridor by improving roadway, bicycle and transit facilities while also striving to balance livability considerations such as sidewalks and landscaping.
FDOT will conduct three similar Public Workshops for the S.R. 7/U.S. 441/W 7th Avenue Corridor Study. All meetings will follow an open-house format where participants will be able to offer feedback on corridor-specific issues, review draft improvement concepts, and informally discuss the project with members of the study team. Participants also will be able to submit written comments to the project team if they so desire.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status.; Wednesday, December 3, 2014, 6:00 P.M. - 8:00 P.M.; Arcola Lakes Library, 8240 N.W. 7th Avenue, Miami, Florida 33150
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The Florida Department of Transportation (FDOT), District Six, currently is conducting the State Road (S.R.) 7/U.S. 441/W 7th Avenue Corridor Study, from S.R. 90/ U.S. 41/S.W. 8th Street to the Golden Glades Interchange Park & Ride Lot, Financial Management Number 432639-2-22-01. This planning study will identify strategies and develop design concepts aimed to enhance safety and mobility along the 10-mile corridor by improving roadway, bicycle and transit facilities while also striving to balance livability considerations such as sidewalks and landscaping.
FDOT will conduct three similar Public Workshops for the S.R. 7/U.S. 441/W 7th Avenue Corridor Study. All meetings will follow an open-house format where participants will be able to offer feedback on corridor-specific issues, review draft improvement concepts, and informally discuss the project with members of the study team. Participants also will be able to submit written comments to the project team if they so desire.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status.; December 4, 2014, 6:00 P.M. - 8:00 P.M.; Joe Celestin Center, 1525 N.W. 135th Street, North Miami, Florida 33168
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General Business Meeting; July 10, 2015 beginning at approximately 8:30 a.m. E.S.T. or soon thereafter.; Safety Harbor Resort & Spa, 105 North Bayshore Drive, Safety Harbor, FL 34695
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General Business Meeting; October 9, 2015 beginning at approximately 8:30 a.m. E.S.T. or soon thereafter.; Rosen Plaza Hotel, 9700 International Drive, Orlando, FL 32819
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General Business Meeting; February 12, 2015 beginning at approximately 3:00 p.m. E.S.T. or soon thereafter and February 13, 2015 beginning at approximately 8:00 a.m. E.S.T. or soon thereafter.; Best Western Gateway Grand, 4200 NW 97th Boulevard, Gainesville, FL 32606
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General Business Meeting; April 30, 2015 beginning at approximately 6:30 p.m. E.S.T. or soon thereafter and May 1, 2015 beginning at approximately 8:00 a.m. E.S.T. or soon thereafter; Hyatt Regency Jacksonville Riverfront, 225 East Coastline Drive, Jacksonville, FL 32202
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General Business Meeting; August 6, 2015 beginning at approximately 6:30 p.m. E.S.T. or soon thereafter and August 7, 2015 beginning at approximately 8:00 a.m. E.S.T. or soon thereafter.; Double Tree by Hilton Deerfield Beach – Boca Raton, 100 Fairway Drive, Deerfield Beach, FL 33441
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General Business Meeting; November 5, 2015 beginning at approximately 6:30 p.m. E.S.T. or soon thereafter and November 6, 2015 beginning at approximately 8:00 a.m. E.S.T. or soon thereafter.; Safety Harbor Resort & Spa, 105 North Bayshore Drive, Safety Harbor, FL 34695
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The Education Advisory Committee to consider items relating to the education requirements to sit for the CPA examination.; December 8, 12:00 p.m.; conference call, dial-in number: 1(888)670-3525, conference code number: 9071262934
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Docket No. 140060-WS – Application for increase in water and wastewater rates in Seminole County by Sanlando Utilities Corporation.
The purpose of the meeting is to give customers and other interested persons an opportunity to offer comments regarding the quality of service the utility provides, the proposed rate increase, and to ask questions and comment on other issues. One or more of the Commissioners of the Florida Public Service Commission may attend and participate in this meeting. For questions, contact Commission staff, Robert Graves (850) 413-7009.
; Thursday, December 11, 2014 at 6:00 pm.; Auditorium, Eastmonte Civic Center, 830 Magnolia Drive, Altamonte Springs, FL 32701
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General Board business.; Tuesday, December 9, 2014, commencing at 12:30 p.m., at meet me number (888) 670-3525, participant code 7342425515.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257.
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Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; November 26, 2014, 9:00 a.m.
; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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Committee member areas of oversight, research, next steps, tasks/take-aways from the Nov. 17 Board of Directors meeting and schedule next meeting.
; Wednesday, November 26th, 2014, 10:00 am.; This meeting is by conference call only; to attend please dial US toll-free: 1(888)670-3525, after prompt enter pass code: 3244965172, then #
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The purpose of this meeting with FirstNet is to begin defining Florida’s requirements and priorities for the design of a public safety-grade next-generation wireless network that meets the specific communications needs of Florida’s First Responder community.
Agenda:
1. 08:00 – Welcoming Remarks (Florida)
2. 08:05 – Public Comments (Public)
3. 08:35 – FirstNet Update & Consultation Process (FirstNet)
4. Status Update (FirstNet)
5. 12:00 – Lunch
6. 13:00 – User Discussion (FirstNet)
Coverage Discussion (FirstNet)
Wrap-up & Next Steps (Florida & FirstNet)
7. 16:30 – Adjourn
; December 12, 2014, 8:00 a.m., ET; FSU Center for Academic & Professional Development located at 555 West Pensacola Street, Tallahassee, FL, 32306
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This meeting will discuss ongoing issues, deliberate new issues, and consider other matters.; *THIS MEETING HAS BEEN CANCELLED* November 20, 2014, 10:00 a.m.; Web Conference link: https://connect9.uc.att.com/service32/meet/?ExEventID=86423569&CT=M, conference call: 1(877)402-9753, access code: 6423569#
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To review reconsideration cases; December 5, 2014, 9:00 a.m.; Department of Health 4042 Bald Cypress Way, Room #301
Tallahassee, Florida 32399
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Regular Commission Meeting; December 8, 2014 at 2:00 PM (EST); This meeting is being held via teleconference
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General Business of the Board.; Wednesday, December 17, 2014 at 10:00 a.m. or soon thereafter.; Via Telephone Conference Call. To Connect, dial 1(888) 670-3525, Conference Pass code: 2295006118 then #
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General Business of the Board; Wednesday, January 21, 2015 at 10:00 a.m. or soon thereafter; Via Telephone Conference Call. To Connect, dial 1(888)670-3525, Conference Pass code: 2295006118 then #