- Proposed Rules (14)
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To reflect changes in federal regulations for relocation assistance payments provided to persons relocated as a result of a transportation project.
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Section 10, Chapter 2014-40, L.O.F., amended Section 213.21(2)(a), F.S., to increase the maximum compromise authority of the Department of Revenue’s Executive Director from $250,000 to $500,000. Rule 12-13.004, F.A.C. (Delegation of Authority to Determine Settlements or Compromises), was amended effective January 19, 2015, to bring that rule into consistency with the statutory provision. The purpose of the proposed amendment to Rule 12-3.007, F.A.C. (Delegation of Authority), is to conform the rule to the statute and to Rule 12-13.004, F.A.C.
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Under Section 213.30, F.S., the Executive Director of the Department is authorized to compensate persons who provide information leading to the punishment of, or collection of taxes, surtaxes, surcharges, fees, penalties, or interest from, any person with respect to taxes enumerated in Section 213.05, F.S. The taxes listed in Section 213.05, F.S., include all taxes and fees under Chapter 212, F.S., as well as registration of secondhand dealers in Section 538.09, F.S., and registration of secondary metal recyclers in Section 538.25, F.S.
Section 1, Chapter 2014-196, L.O.F., provides that the prepaid wireless E911 fee created in Section 365.172, F.S., is to be administered as though it is a sales tax under Chapter 212, F.S., except as otherwise provided in that section. The section does not expressly exclude the prepaid wireless E911 fee from the compensation provisions of Section 213.30, F.S. Accordingly, individuals reporting violations of the prepaid wireless E911 fee should also be eligible for compensation under Section 213.30, F.S.
The purpose of the proposed amendments to Rules 12-18.001 (Authorization for Compensation) and 12-18.004, (Submission of Information and Claims for Compensation), F.A.C., are: (1) to update the Department’s list of taxes eligible for the compensation provisions to include the prepaid wireless E911 fee, registration of secondhand dealers, secondary metal recyclers, and secondhand precious metal dealers, in accordance with statute, and (2) to incorporate, by reference, an updated Form DR-55, Application for Compensation for Tax Information, that includes these categories.
The purpose of the proposed changes to Rule 12-18.008, F.A.C. (Compensation for Vending Machine Violations), are to update contact information for the Department.
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The purpose of the proposed amendments is to provide information for taxpayers on how they can electronically file statutorily-required reports with the Department. The proposed amendments also provide a contact email address to submit an electronic report, and clarify how an electronic postmark date will be applied to e-mailed reports.
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The purpose of the proposed amendments to Rule 12-22.005, F.A.C. (Disclosure Procedures), is to: (1) adopt an updated version of Form DR-841, Request for Copy of Tax Return, to provide additional information to taxpayers regarding types of records available for request; and (2) allow taxpayers and tax representatives to receive copies of tax returns at an e-mail address, facsimile number, or a mailing address designated by the taxpayer.
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The proposed amendments promulgate two forms used by taxpayers when remitting taxes using the ACH credit method of electronic remittance, and update rule provisions which currently contain similar information to that contained in the proposed forms.
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The purpose of the proposed amendments to Rules 12-29.001, (Scope), 12-29.002 (Florida Tax Credit Scholarship Program; Participation; Allocation; Carryforward; Transfer; Rescindment), and 12-29.003 (Florida Tax Credit Scholarship Program; Applications), F.A.C., is to: (1) clarify that credits earned under the Florida Tax Credit Scholarship Program (“the Program”) will be included when determining a taxpayer’s estimated tax payment amounts; (2) include the conveyance, transfer, or assignment of tax credit allocations under the Program authorized by paragraph 1002.395(5)(d), F.S., as amended by Section 17, Chapter 2014-184, L.O.F.; (3) provide procedures for the conveyance, transfer, or assignment of a tax credit allocation among members of an affiliated group of corporations under the Program; and (4) adopt, by reference, forms used by the Department in administering the Program.
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Section 6, Chapter 2014-40, L.O.F., amended the provisions found in Section 212.18(3)(c), F.S., relating to an individual’s failure to register for sales and use tax. The purpose of the proposed amendments to Rule 12A-1.060, F.A.C. (Registration), is to remove the registration penalty provisions that are no longer needed due to the statutory change.
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The purpose of the proposed amendment to Rule 12A-12.004, F.A.C. (Reporting and Remitting Fees), is to clarify that the total amount of new tire fees and lead-acid battery fees, and not the total number of new tires and lead-acid batteries sold, is required to be reported on the Solid Waste and Surcharge Return.
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Section 212.0606, F.S., previously imposed a $2 per day surcharge on each lease or rental of a motor vehicle. Section 1, Chapter 2014-199, amended that statute to reduce the rate imposed on the use of a motor vehicle as part of a car-sharing service to $1 per usage. The purpose of the proposed amendments to Rule 12A-16.002, F.A.C. (Imposition and Payment of the Surcharge), is to provide guidance relating to the reduced $1 per usage surcharge imposed on motor vehicles used through car-sharing service memberships.
The purpose of the proposed amendments to Rule 12A-16.006, F.A.C. (Surcharge Returns and Filing Requirements), is to clarify when the rental car surcharge is due to the state and how the rental car surcharge is to be reported per county, based on the amendment made to Section 212.0606, F.S., by Section 1, Chapter 2014-199.
The purpose of the proposed amendments to Rule 12A-16.008, F.A.C. (Public Use Forms), is to incorporate by reference the amendments to the forms used to report any rental car surcharge due to the state.
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The purpose of the proposed amendments is to modify the requirements for a return to be considered timely filed. These amendments remove the requirement that a confirmation from the Department is required before a return is determined to be timely filed and provide that a return will be considered timely if it is received by the Department or its agent on or before the due date. Additional amendments are proposed to adopt, by reference, changes to a form used by the Department in the administration of taxes imposed on fuels and pollutants.
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Section 17, Chapter 2014-184, Laws of Florida, provides that, for purposes of determining if a penalty under Section 624.5092, F.S., should be imposed on the underpayment of an installment, an insurer may reduce the installment amount required to meet the prior year exception in that taxable year by the amount of the credit earned under Section 624.51055, F.S. (Credit for contributions to eligible nonprofit scholarship-funding organizations). The amount required to meet the prior year exception may only be reduced with respect to contributions made on or after July 1, 2014.
The purpose of the proposed amendments to Rule 12B-8.001, F.A.C. (Premium Tax; Rate and Computation), is to provide clarification regarding the computation of the installment payment amount required to meet the prior year exception when a taxpayer has made one or more qualifying contributions to eligible nonprofit scholarship-funding organizations.
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Section 17, Chapter 2014-184, Laws of Florida, provides that for purposes of determining if a penalty or interest should be imposed for underpayment of estimated corporate income tax pursuant to Section 220.34(2)(d)1., F.S., a taxpayer may reduce the estimated payment amount required to meet the prior year exception in that taxable year by the amount of the credit earned under Section 220.1875, F.S. (Credit for contributions to eligible nonprofit scholarship-funding organizations). The amount required to meet the prior year exception may only be reduced with respect to contributions made on or after July 1, 2014.
The purpose of the proposed amendments to Rule 12C-1.034, F.A.C. (Special Rules Relating to Estimated Tax), is to provide clarification regarding the computation of the amount of estimated tax required to meet the prior year exception when a taxpayer has made one or more qualifying contributions to eligible nonprofit scholarship-funding organizations.
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The Board proposes the rule amendment to update requirements regarding the use of consolidated and combined financial statements and to incorporate the Cross Guarantee Form.
- Petitions and Dispositions Regarding Rule Variance or Waiver (3)
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Office Depot/Office Max. Petitioner seeks a waiver of the requirements of Chapter 252.85, Sections (4) and (5), Florida Statutes, adopted by paragraphs 9G-14.004 and 9G-14.005, Florida Administrative Code, that requires payment of late fees and penalties which pose a significant economic/financial hardship. Petitioner has satisfied the reporting requirements. Any interested person may file comments within 15 days of the publication of this notice with: Mindy Dowling, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
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of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on February 3, 2015, by Raffaela Maria Amanda Villella. The Notice of Petition for Waiver or Variance was published in Volume 41, Number 24, of the February 5, 2015, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B2-13.004(1) and (2), Florida Administrative Code, entitled “Continuing Education,” and Rule 64B2-13.0049, Florida Administrative Code, entitled, “Inactive Status License,” which require that for the purpose of reactivating a license, an applicant must demonstrate to the Board that he or she participated in at least forty (40) classroom hours of continuing chiropractic education during the past two years, of which at least three hours shall be in the area of risk management. Two of these three risk management hours shall specifically relate to the laws and rules of the board and the regulatory agency under which the Board operates. Only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable. Six (6) hours of the forty (40) shall be in the area of record keeping/documentation and coding; and two (2) hours of the forty (40) must be in the area of ethics and boundaries.
The Board considered the instant Petition at a duly-noticed meeting, held April 10, 2015, in Lake Mary, Florida. The Board’s Order, filed on April 30, 2015, granted the petition finding that Petitioner had established that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B2-13.004, F.A.C. The Board further finds that Petitioner established that applying the requirements of the aforementioned rule to her circumstances would violate principles of fairness and impose substantial hardship.
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variance or waiver filed by Michael Glazer, Esquire, on behalf of Good Samaritan Medical Center, Inc., seeking a temporary waiver of the requirement of Rule 64B16-27.797, Florida Administrative Code, that requires non-low volume oncology, chemotherapeutic and hazardous sterile preparations be performed in a negative pressure room in lieu of in a properly vented barrier isolator.
- Notices of Meetings, Workshops and Public Hearings (15)
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Executive Committee Meeting.; Monday, May 18, 2015, 9:00 a.m.; Tampa Bay Water Administrative Offices, 2575 Enterprise Road, Clearwater, FL 33763
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Governing Board to discuss and consider District business, including regulatory and non-regulatory matters.
A copy of the agenda may be obtained by contacting: Brenda Low, 561-682-6805, or at www.sfwmd.gov
; Thursday, May 14, 2015:
Governing Board Workshop, 9:00 AM,
Governing Board Regular Business Meeting, 9:30 AM or upon the conclusion of the Governing Board Workshop, whichever is later.
; SFWMD, B-1 Building, 3301 Gun Club Road, West Palm Beach, Florida 33406.
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The discussion will include the May claims-paying capacity estimates. In addition, a Notice of Proposed Rule for Rule 19-8.010, F.A.C., Reimbursement Contract, and a Notice of Proposed Rule for Rule 19-8.028, F.A.C., Reimbursement Premium Formula, were published on April 15, 2015, providing the public with 21 days from that date to request a rule hearing. If a rule hearing is held, the Advisory Council will review comments made by the public at the rule hearing. Other general business of the Advisory Council may also be addressed.; May 14, 2015, 1:30 p.m. (ET) until conclusion of meeting.; Room 116 (Hermitage Conference Room), 1801 Hermitage Blvd., Tallahassee, Florida. Persons wishing to participate by phone may dial (888) 670-3525 and enter conference code 7135858151.
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General Business Meeting; May 29, 2015, 9:00 a.m. to 1:00 p.m.; Renaissance Orlando Airport
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Quarterly meeting of the Florida Fire Safety Board. Anyone wishing to attend may attend in person or by telephone conference call. Those attending by telephone conference call should dial (850) 413-1558,
(Cisco VoIP Internal callers may reach the conference call by dialing 11558.) Once you have dialed the initial number you will be prompted to enter the Conference ID which is 447050. The connection will be available 5 to 10 minutes before 10:00 AM
; Tuesday, May 19, 2015 at 10:00 AM; State Fire Marshal Conference Room, Third Floor, Atrium Building, 325 John Knox Road, Tallahassee, Florida 32303.
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FTP/SIS Steering Committee Meeting.
General discussion on the development of the FTP/SIS Plans.; May 29, 2015, 8:30 am; Hilton Cocoa Beach, 1550 North Atlantic Avenue I Cocoa Beach, FL 32931
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Council's Budget and Personnel Committee will review the list of applicants for the Council attorney position.; May 15, 2015, 8:45 a.m.; Indian River State College
Wolf High Technology Center
2400 SE Salerno Road
Stuart, Florida 34997
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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.; May 13, 2015, 8:45 a.m. ; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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A Public Hearing of the Acquisition and Restoration Council, established pursuant to s.259.035, F.S., is scheduled to take public testimony on all Florida Forever land acquisition projects, new proposals, and ranking within categories.; Thursday, May 28, 2015, 6:00 p.m.; Osceola County Commission Chambers (4th Floor)
1 Courthouse Square
Kissimmee, FL 34744
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Meeting of the Silviculture Best Management Practices Technical Advisory Committee.; Wednesday, May 27, 2015, 9:30 a.m. (EDT); 3125 Conner Boulevard, Tallahassee, FL 32399-1650
(Eyster Auditorium)
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The Webinar is intended to assist grant applicants in understanding the Small Matching Grant Program and provide information on how to fill out the Small Matching Grant Application. Information on how to attend the online webinar may be obtained by visiting the Historic Preservation Grants website at http://flheritage.com/grants/.; Tuesday, May 12, 2015, 1:30 p.m. - 2:30 p.m.
; Webinar/Room 404, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399
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Agency matters. Review and adjudication of cases relating to alleged violations of Chapters 104 and 106, Florida Statutes, and to the late filing of campaign treasurer's reports. Rules Review. Portions of this meeting are confidential and closed to the public.; May 20, 2015; 8:30 am until 5:00 pm; Department of Business and Professional Regulations, 1940 North Monroe Street, Tallahassee, Florida 32399
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To review those cases on which a determination of existence of probable cause has already been made.; Thursday, June 4, 2015, 9:00 a.m; Conference call number: 1(888) 670-3525, participation code: 5134896685
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To review those cases on which a determination of existence of probable cause has already been made.; Thursday, June 18, 2015, 9:00 a.m.; Conference call number: 1(888) 670-3525, participation code: 5134896685
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N/A
This rules committee workshop is cancelled and will be rescheduled for a later date. A notice will be published in the Florida Administrative Register to announce the new meeting time and place. For further information, please contact Allen Overstreet at (850) 488-0476 or at allenoverstreet@fcor.state.fl.us; May 7, 2015, 2:00pm to 3:00pm; 4070 Esplanade Way, Tallahassee, Florida 32399-2450
- Notices of Petitions and Dispositions Regarding Declaratory Stat (8)
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Stuart Kessler.; The Petitioner seeks a declaration as to whether Section112.061, Florida Statutes and Board Policy 6550 require the Board to reimburse travel expenses for driving to and from his residence to a Board-appointed position.
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Timothy J. Sloan, Esq., on behalf of Tropic Winds Owners Association, Inc., Docket No. 2015010820,; The closing of the Small Hot Tub constitutes a material alteration to the common elements pursuant to section 718.113(2)(a), Florida Statutes.
The statement was filed with the Agency Clerk on May 1, 2015.
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Mr. Adrian D. Daisley, Director
Alternative Outcomes, Inc.; AGENCY FOR HEALTHCARE ADMINISTRATION
Medicaid Reimbursment
NOTICE IS HEREBY GIVEN that the Agency for Health Care Administration has received a Petition for Declaratory Statement from Adrian D. Daisley on April 28, 2015. The petition seeks the agency’s opinion regarding the following provision: AHCA’s Medicaid Provider Reimbursement Handbook, CMS-1500, Place of Service codes.
The Petition seeks a declaratory statement about whether, for the purposes of Medicaid reimbursement, a Developmental Disabilities Waiver provider can provide ABA therapy services to recipients under twenty-one (21) with autism at a private or public school, Early Head Start, or Daycare, if the recipient consistently displays behavioral problems at the school, Head Start or daycare location and, if so, whether Place of Service Code 99 would be the correct code to use.
Responses, motions to intervene, or requests for any agency hearing, must be filed within 21 days of this Notice. §§120.54(5)(b)6 & 120.47(2), Fla. Stat.
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Kurt Markgraf, M.D., Sara P. Brusco AA-C, and Robert S. Wagner MMSc, AA-C
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Monroe County Building Department.; Petitioner seeks clarification as to if Section R321 only allows for regulation of the installation of passenger elevators and lifts intended to carry people or if it includes cargo lifts being installed in single family residences.
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High Tower Restoration, LLC.; Petitioner seeks clarification as to if all roof shingles can be removed, a self-adhering underlayment applied and then install new shingles under the scope of a roof replacement permit.
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Publix Super Markets, Inc.,; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 52, of the March 17, 2015, Florida Administrative Register. Petitioner sought the agency’s opinion as to the applicability of paragraph 64B16-28.608(5)(e), F.A.C., as it applies to Petitioner. Specifically, Petitioner seeks a declaration that Publix Central Fill Pharmacy’s Triple Scan System verification process satisfies the alternative method of verification authorized by said rule.
The Board of Pharmacy considered the Petition at a duly-noticed public meeting held on April 7, 2015, in Tampa, Florida. After discussion regarding the merits of the Petition, Petitioner moved to withdraw the Petition for Declaratory Statement. The Board’s Order, filed on April 28, 2015, granted the request to withdraw the Petition for Declaratory Statement and dismiss the cause.
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Brian A. Kahan, Esquire, on behalf of Lato Drug Company and Robert Fishman, RPH; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 44, of the March 5, 2015, Florida Administrative Register. The Petitioners sought a Declaratory Statement from the Board with regard to section 465.185(1), F.S. and Rule 64B16-27.700, Florida Administrative Code, that the petitioners’ contemplated business arrangement for compounding medications for veterinary use, as outlined in the petition, would not subject Petitioners to discipline under the cited statute and rule.
The Board of Pharmacy considered the Petition at a duly-noticed public meeting held on April 7, 2015, in Tampa, Florida. After discussion regarding the merits of the Petition, Petitioner moved to withdraw the Petition for Declaratory Statement. The Board’s Order, filed on April 28, 2015, granted the request to withdraw the Petition for Declaratory Statement and dismiss the cause.