- Notices of Development of Proposed Rules and Negotiated Rulemaking (2)
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Rules 60L-34.0043(3) and 60L-34.0044(2), F.A.C., need to be amended to comport with the new language in Section 110.205(7), F.S., by deleting the provisions requiring that Career Service employees retain regular and special compensatory leave credits upon appointment to a Selected Exempt Service position. Additionally, amendments to Rule 60L-34.0031, F.A.C., are necessary to provide that Fair Labor Standards Act (FLSA) compensatory leave that is accrued by employees in lieu of overtime pay (pursuant to FLSA), may be paid out at least once a year, to accommodate the mutual needs of agencies and employees.
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The Department is initiating rulemaking to establish Total Maximum Daily Loads (TMDLs) for certain surface waters within the Springs Coast Basin where those waters previously have been identified as impaired for specific pollutants and included on the Department’s verified list of impaired waters. Pursuant to Section 403.067(6), F.S., TMDLs must be adopted in rule by the Secretary of the Department. Chapter 62-304, F.A.C., was established as the rule chapter within which rules adopting TMDLs shall reside. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, these nutrient TMDLs, if adopted, are intended to constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
- Proposed Rules (31)
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) bay scallops rules. The bay scallop Chapter (68B-18) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) Billfish rules. The Billfish Chapter (68B-33) has been reformatted to simplify the rule language and the swordfish portion of this chapter has been removed and relocated to chapter 68B-58, making the chapter easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) black drum rules. The black drum Chapter (68B-36) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) calico scallops rules. The calico scallops Chapter (68B-53) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) cobia rules. The cobia Chapter (68B-19) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) dolphin rules. The dolphin Chapter (68B-41) has been reformatted to simplify the rule language and the wahoo portion of this chapter has been removed and relocated to chapter 68B-57, making the chapter easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) flounder rules. The flounder Chapter (68B-48) has been reformatted to simplify the rule language and the sheepshead portion of this chapter has been removed and relocated to chapter 68B-59, making the chapter easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) hard clams rules. The hard clams Chapter (68B-17) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) jellyfish rules. The jellyfish Chapter (68B-51) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) queen conch rules. The queen conch Chapter (68B-16) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) red drum rules. The red drum Chapter (68B-22) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) sardines rules. The sardines Chapter (68B-29) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) shad and river herring rules. The shad and river herring Chapter (68B-52) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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This rule chapter has been created to relocate the sheepshead rules originally found in the flounder chapter (68B-48) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The sheepshead rules have also been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this new chapter will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. Creation of this chapter will not affect the meaning of the sheepshead regulations nor change the intent of the rules.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) snook rules. The snook Chapter (68B-21) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) southwest Florida shells rules. The southwest Florida shells Chapter (68B-26) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) sponges rule. The sponges Chapter (68B-28) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) spotted seatrout rules. The spotted seatrout Chapter (68B-37) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) sturgeon rules. The sturgeon Chapter (68B-15) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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This rule chapter has been created to relocate the swordfish rules originally found in the billfish chapter (68B-33) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The swordfish rules have also been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this new chapter will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. Creation of this chapter will not affect the meaning of current swordfish regulation nor change the intent of the rules.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) tripletail rules. The tripletail Chapter (68B-49) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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This rule chapter has been created to relocate the wahoo rules originally found in the dolphin chapter (68B-41) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The wahoo rules have also been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of the new chapter will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. The creation of the new chapter will not affect the meaning of current wahoo regulations nor change the intent of the rules.
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The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) weakfish rules. The weakfish Chapter (68B-47) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.
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The purpose of the proposed rule amendment is to revise specific area regulations on miscellaneous areas and conform to calendar year date changes. The effect of the proposed rule amendment will be to revise season dates to conform to calendar year date changes and adjust bag limits for deer and turkey on Babcock Ranch Preserve and enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.
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The purpose of this rule amendment is to consolidate and clarify the definitions for various legal fishing gears by moving gear descriptions currently located in some of the species-specific chapters of Divisions 68B, F.A.C. into the existing Gear Definitions rule in the Florida Fish and Wildlife Conservation Commission’s (Commission) marine fisheries rules and clarifying several of the definitions currently found in the rule. These definitions for gears used in multiple species chapters will apply to all marine fisheries, unless otherwise stated in species-specific rules. The proposed rule will add the following definitions to rule 68B-4.002: Frame Net, Paired Trawl, Otter Trawl, Snagging, Spearing, and Trawl. The definitions of Hook and Line Gear and Multiple Hook will be clarified.
The effects of this rule will be simplified rule language and improved rule clarity and enforceability.
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The purpose of this rule amendment is to repeal 68B-4.0025 in the Gear Specifications and Prohibited Gear chapter (68B-4) of Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The definitions currently located in this rule are being relocated to the new proposed General Definitions rule (68B-2.001). This rulemaking is part of a rule cleanup effort for Division 68B that will make clarify marine fisheries regulations and make specific provisions easier to locate.
This repeal will have no effect, because the information will remain in rule 68B-2.001 (General Definitions).
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A federal stock assessment update completed in 2011 showed that gray triggerfish are overfished and undergoing overfishing in the Gulf of Mexico. The new rule and rule amendment would modify recreational harvest regulations in Gulf of Mexico state waters by establishing a closed season in June and July during peak spawning, and establish a 2-fish recreational bag limit. The purpose of these rules is to achieve consistency between the Commission’s Gulf gray triggerfish regulations and expected federal regulations in the Gulf of Mexico. The Secretary of Commerce has approved similar rules for Gulf of Mexico federal waters and these regulations take effect on June 10, 2013. New federal rules for the commercial sector are also expected to take effect and include a closed season from June 1 to July 31 and a 12-fish commercial trip limit. However, no changes to state rules are needed to achieve consistency between state and federal rules for commercial gray triggerfish harvest because existing state regulations already require commercial fishermen harvesting gray triggerfish in Gulf state waters to follow federal regulations.
The effect of the new rule and rule amendment is that federal and state regulations can be applied more consistently to recreational harvest of gray triggerfish in the Gulf of Mexico. A consistent recreational closed season and bag limit in state waters would contribute to the federal rebuilding plan and reduce the likelihood of catch exceeding federal annual catch limits. This should help ensure a sustainable harvest for the future.
68B-14.0036, F.A.C. would be modified to establish a June 1 through July 31 annual recreational closed season for gray triggerfish in the Gulf of Mexico. A new rule (68B-14.0041, F.A.C.; Recreational Gulf Gray Triggerfish Season) would be created and establish a two-fish recreational bag limit for Gulf gray triggerfish. These changes were approved by the Commission at their February 13-14, 2013 meeting in Orlando.
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The purpose of these new rules and rule amendments is to simplify marine fisheries regulations by creating greater consistency among the regulations, eliminating repetition, and reducing opportunities for misinterpretation. The proposed General chapter will become a single, intuitive location for Florida Fish and Wildlife Conservation Commission’s (Commission) regulations that apply to all marine fisheries. This will reduce confusion and simplify enforcement by ensuring that these provisions are consistent in their wording and their meaning. The new rules include definitions and provisions that were taken from existing marine fisheries regulations found elsewhere in 68B. Some have been modified slightly to improve clarity or create consistency. All will be applied broadly to all marine fisheries, including those sometimes referred to as “unregulated” due to their lack of established seasons, bag limits, or size limits, unless otherwise stated elsewhere in Division 68B.
The primary effect of these rules will be to broaden and standardize the application of existing marine fisheries regulatory provisions and standardize commonly used definitions, applying the provisions and definitions consistently across all marine fisheries.
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The purpose of these rule amendments is to establish tarpon as a catch and release only fishery, in recognition of the fact that the economic and fishing value of tarpon as a catch and release fishery greatly exceeds its value as a food fish. This rule amendment will convey that tarpon will be managed as a catch and release only fishery, establish tarpon as a hook and line only fishery, remove the provision that allows for a recreational bag limit of tarpon, extend tarpon rules into adjacent federal waters, reduce the transport and shipment possession allowance to one tarpon per person, and allow temporary possession for photography, measurement of length and girth, and taking a scientific sample, provided that all tarpon greater than 40 inches fork length must be kept completely in the water, and all tarpon must be released immediately following the authorized activities in the area where caught. This rule amendment will also amend the tarpon tag system in the following ways: by limiting the allowable use of a tarpon tag to pursuit of an IGFA record only, limiting the number of tags an angler can purchase or use per year to one, and creating a vessel limit of one tarpon. The entire tarpon chapter will also be reformatted to conform to the style developed for marine fisheries regulations during the Division 68B rule cleanup process.
The effect of these rule amendments will be a catch and release only tarpon fishery in Florida, with the only exception allowed for harvest being pursuit of an IGFA record. The rule amendments will otherwise allow for temporary possession of untagged tarpon for photography, measurement of length and girth, and taking a scientific sample, provided that all tarpon greater than 40 inches fork length must be kept completely in the water. The amendments will also result in simplified rule language that is easier to read and understand.
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The purpose of this rule amendment is to establish bonefish as a catch and release only fishery, in recognition of the fact that its economic and fishing value as a catch and release fishery greatly exceeds its value as a food fish. This rule amendment will convey that bonefish will be managed as a catch and release only fishery, remove the definition of “organized tournament,” and eliminate the tournament exemption permit altogether, as well as all references to the exemption. This rulemaking is also part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.
The effect of this rule amendment will be a catch and release only fishery, with possession of bonefish being allowed only temporarily for photographing, measuring, and weighing at the site of capture. Additionally, the rules will conform to the new standardized format for Division 68B.
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The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocation, for fecal coliform the West Palm Beach Canal within the Everglades Basin.
- Petitions and Dispositions Regarding Rule Variance or Waiver (7)
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The Criminal Justice Standards and Training Commission has issued an order. On April 23, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-35.0011(1), F.A.C., from Department of Corrections on behalf of David Herbert. The Petitioner wished to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test. The Petitioner stated that Officer Herbert passed the BAT, but the score expired before his hire date in October of 2012. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 83, on April 29, 2013.
On May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation because he has in hand a conditional offer of employment. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. The Officer Herbert’s BAT scores are deemed timely and his SOCE scores may be released and he may be employed full-time as a Correctional Officer.
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of the issuance of an Order regarding the Petition for Variance, filed on July 17, 2012, by Brian Lee Roper. The Notice of Petition for Waiver or Variance was published in Vol. 38, No. 31, of the August 3, 2012, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on August 14, 2012. Petitioner sought a waiver or variance of Rule 61J1-4.009, F.A.C., in regards to the hour requirements for continuing education for registered trainee appraisers.
The Board’s Order, filed on November 27, 2012, denies the petition finding that Petitioner’s trainee status became void as a matter of law pursuant to Section 475.6175(2), Florida Statutes. Granting of this petition would conflict with such statutory requirement, and the Board does not have authority to waive a statutory requirement.
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The Criminal Justice Standards and Training Commission has issued an order on May 9, 2013.
On April 29, 2013, the Criminal Justice Standards and Training Commission, received a petition for a waiver of 11B-35.003(4), F.A.C., by Scot Hollingsworth. Petitioner wished to waive that portion of the rule which requires an officer to take and pass high liability courses as part of the basic recruit curriculum in order to become a certified full-time law enforcement officer.
Petitioner believed that his employment as a reserve deputy holding auxiliary law enforcement certification at the Hillsborough County Sheriff’s Office has more than prepared him at a high level for dealing with all aspects of the high liability courses. He wished to have his attendance at these courses waived in favor of his achievements as a reserve deputy. Petitioner requested a one-year waiver to begin September 1, 2013. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 85 on May 1, 2013.
On May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, Florida, the Commission found that the Petitioner’s situation is not unique. The Petitioner failed to demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness. The Commission found that the purposes of the underlying statute, which is to ensure that officers receive adequate instruction in high liability topics, will not be met by granting this waiver request. The Commission denied the Petitioner's request for a waiver.
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an Emergency Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 3-305.14, 2009 FDA Food Code, Paragraph 6-202.15, 2009 FDA Food Code, Paragraph 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 Gerardo Fiallos Mobile Unit located in Orlando. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk potentially hazardous foods other than frankfurters from an open air mobile food dispensing vehicle.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 5 days from the date of publication of this notice. To be considered, comments must be received on or before 5:00 p.m.
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The Criminal Justice Standards and Training Commission has issued an order. The Petitioner wishes to waive that portion of the rule that states a Basic Abilities Test (BAT) score is only good for four years from the date of the test. The Petitioner stated that Howard passed the BAT on October 22, 2008. Petitioner then hired Howard on a Temporary Employment Authorization (TEA). Budget cuts forced Petitioner to terminate Howard and 190 other TEAS in 2011. Petitioner rehired Howard in September of 2012. Howard’s BAT score expired October 22, 2012. Howard entered basic recruit training December 3, 2012, and graduated February 19, 2013. She took the State Officer Certification Examination on February 27, 2013, but her scores will not be released without a waiver of the rule. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 79, on April 23, 2013.
On May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation because he has in hand a conditional offer of employment. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. The Officer Howard’s BAT scores are deemed timely and her SOCE scores may be released and she may be employed full-time as a Correctional Officer.
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The Criminal Justice Standards and Training Commission has issued an order. The Petitioner wishes to waive that portion of Rule 11B-35.001(9)(b), F.A.C., that requires students in the General Instructor Techniques Course to pass with a score of 85%. An audit of the records at FPSA showed that Petitioner was passed with a score of 84%. The Petitioner relied upon his certificate as proof of passing and his instructor had declared to the class that a passing score was 80% or higher. The Petitioner would have passed the end-of-course examination except for a change in the rule on September 28, 2009, in which the passing score was changed from 75% to 85%. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 65, on April 3, 2013.
On May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation because he relied upon his instructor’s declaration that a passing score was 80% or higher on the end-of-course examination. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.17, F.S., to ensure that instructors meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request.
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The Criminal Justice Standards and Training Commission has issued an order. On April 12, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rules 11B-20.0014(2)(d) and 11B-35.0021(6)(d), F.A.C., by Santa Fe College Institute of Public Safety on behalf of First Aid Instructor, Jon Duff. Petitioner wished to waive that portion of Rule 11B-20.0014(2)(d)6., F.A.C., that requires a Florida certified Paramedic to obtain CJSTC certification before instructing basic recruit training first aid courses. The Petitioner wished to waive that portion of Rule 11B-35.0021(6)(d), F.A.C., which requires a specified student/instructor ratio in high liability courses, including First Aid. The Petitioner stated that it hired Instructor Duff to teach First Aid to law enforcement basic recruit students. At all times pertinent to the waiver, Instructor Duff was a certified Florida Paramedic and was eligible to use that certification to obtain a CJSTC First Aid instructor certificate upon application. However, Instructor Duff did not apply for certification. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 75, on April 17, 2013.
On May 9, 2013, at its regularly scheduled business agenda meeting held in Sarasota, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The application of the rule violates the principles of fairness in Petitioner’s situation because its First Aid Instructor, Jon Duff, is a certified Florida Paramedic and is eligible to use that to obtain an Instructor certification to teach First Aid if he were to apply for such certification. Petitioner permitted Instructor Duff to teach First Aid to recruits without applying for and receiving a certificate from the CJSTC. Instructor Duff was eligible for such certificate at all times pertinent to this waiver. Petitioner will suffer economic hardship under the rule as it is applied. The Commission found that the purposes of the underlying statute, Section 943.17, F.S., to ensure that instructors meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request.
- Notices of Meetings, Workshops and Public Hearings (12)
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Evaluation of the FY 13-14 Florida’s Wildlife Legacy Initiative’s State Wildlife Grant project ideas for habitat monitoring.; May 28, 2013, 1:15 p.m. – 2:15 p.m.; Teleconference
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Routine meeting of the Advisory Council on Radiation Protection to discuss and make recommendations on, or issues relating to, the following: radiation protection; radiation exposure and dose; national organizations and professional societies/associations, including their standards, recommendations, registrants and certificate holders; radiation requirements of federal agencies; radiation machines; radioactive materials including medical radioisotopes; radiation procedures and practices; radiologic technologists, radiologist assistants, specialty technologists, medical physicists, and other radiation-related personnel including their titles, duties, scopes of practice and supervision; educational programs and training courses; authorized operator/user/physicist requirements; emergency response and preparedness; radiation incidents/accidents; environmental monitoring; food irradiation; radiation therapy; fees; forms; license, certification, registration, and examination; Chapters 64E-3, 64E-4, 64E-5, F.A.C.; Chapters 404 and 468, Part IV, F.S., including the implementation of legislation affecting these Chapters; the Bureau of Radiation Control, including it's Internet site; and other business.; May 28, 2013, 10:00 a.m. – 3:00 p.m.; Hyatt Regency International Airport, 9300 Jeff Fuqua Boulevard, Orlando, Florida 32827
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A meeting to discuss region IV training centers activities, CJST Commision updates, Advanced and Specialized courses, and the close of the 2012/2013 fiscal year.; Tuesday, May 21, 2013, 2:00 p.m.; Santa Fe College Institute of Public Safety, 3737 NE 39th Avenue, Gainesville, Florida
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Docket No. 130040-EI – Petition for rate increase by Tampa Electric Company.
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, Martha Brown at (850) 413-6187.; Wednesday, May 29, 2013 at 6:00 pm
and
Thursday, May 30, 2013 at 10:00 am
; Hillsborough Community College/Dale Mabry Campus
Student Services Auditorium – DSTU Building, Room 111
4001 West Tampa Bay Boulevard, Tampa FL 33614
and
Chain of Lakes Complex – Poolside Room
210 Cypress Gardens Boulevard
Winter Haven, FL 33880
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To conduct general board business.; July 12, 2013 @ 10:00 am; Sheraton Sand Key Resort 1160 Gulf Blvd Clearwater, Fl 33767 (727) 595-1611
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Ongoing meeting of the Executive Steering Committee for the Workforce Information Technology Procurement Project.; Wednesday, May 22, 2013, 2:30 p.m. - 4:30 p.m.; Tampa Bay WorkForce Alliance Corporate Offices, 5100 W. Kennedy Blvd. Suite. 300 Tampa, FL 33609; or by conference call dial-in number: (888)670-3525, conference code: 2967573617
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The work of the Purple Ribbon Task Force will be discussed.; Tuesday, May 28, 2013, 9:00 a.m. - 11:00 a.m. (EST); https://www2.gotomeeting.com/register/342778978. Audio information: This webinar will be presented using Voice Over Internet Protocol (VOIP). To utilize VOIP, please have speakers and a microphone connected to your computer. If speakers and a microphone are not available to you, or your computer doesn’t have a sound card, please login to the webinar and follow the prompts to call the conference line (long distance charges apply). To avoid long distance charges, please see the audio options below. If you have any questions prior to the webinar regarding the audio options, please contact: Shandra McGlohon, Florida Department of Elder Affairs, email: mcglohonsa@elderaffairs.org, (850) 414-2317. Audio options (USB equipment is ideal): (1) USB or analog headset. (2) Headphones and microphone. (3) Speakers and microphone. (4) Speakers only – Questions and comments can be submitted via the Question Pane. After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements, PC-based attendees: required - Windows® 7, Vista, XP, 2003 Server or 2000. Macintosh®-based attendees: required - Mac OS® X 10.4.11 (Tiger®) or newer.
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Medical Care Advisory Committee quarterly meeting; May 28, 2013 from 1:00 to 4:00; AHCA Headquarters, 2727 Mahan Drive in Tallahassee
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The Council discusses and makes recommendations regarding actions to be taken with respect to the regulation and enforcement of agricultural feed, seed and fertilizer.; June 6, 2013, 9:00 a.m.; Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Eyster Auditorium, Tallahassee, Florida 32399 or via WebEx at https://suncom.webex.com/suncom/j.php?ED=180319002&UID=1386974232&RT=MiMxMQ%3D%3D, 1-888-670-3525, Access Code 880 293 4969
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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 Short-Listing of Proposers on the I-4 Ultimate Project.
; Tuesday, May 21, 2013 at 1:00 p.m.; Orlando Urban Office, 133 S Semoran Blvd., Orlando, FL 32807
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The meeting agenda will consist of approval of minutes of the State Board meeting held April 16, 2013, and updates on various reports and status of education initiatives by the Commissioner. Updates will be provided on the 2013 Legislative Session and other critical education initiatives. Items for consideration include action relating to the following: Amendment to Rule 6A-10.0315, College Preparatory Testing, Placement, and Instruction and Amendment to Commission for Independent Education Rule 6E-2.004, Standards and Procedures for Licensure. Other items for consideration include: Appointment of Vice Chair of the State Board of Education; Approval of the 2013 Voluntary Prekindergarten Provider Good Cause Exemption Staff Recommendations to the State Board of Education (Summer VPK programs only); Request for Approval of Baccalaureate Proposal by Gulf Coast State College for a BAS in Digital Media; Approval of the Order on Notice of Appeal of Denial of Charter School Application for Florida Virtual Academy at Pinellas County; Charter School Appeals: Orange Park Performing Arts Academy, Inc. vs. School Board of Clay County; Stephen Biko Charter High School vs. School Board of Duval County; and Traneshia L. Galloway Charter School of Business & Integrated Technology vs. School Board of Gadsden County; Approval of Designation of Academically High-Performing School Districts; and Approval of Appointment to the Education Practices Commission.; May 21, 2013, 9:00 a.m.; Duval County School Board Office, 1701 Prudential Drive, Jacksonville, Florida.
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Financial Management No.: 240200-4
Project Description: Wekiva Parkway Section 8
This is a Design-Build project of 2.63 miles of limited access toll road. The limits of the project are from Orange Boulevard to East of Rinehart Road. The project includes the new Wekiva Parkway interchange at I-4 that will connect with State Road 417, completing the beltway around Central Florida. Work includes designing bridges, drainage, lighting, sign and pavement markings, utilities, and other roadway features.; Tuesday, June 11, 2013, from 6 p.m. to 8 p.m.
An Informal Open House: 6 p.m. to 8 p.m.; The Rock Church of Central Florida, 6641 W. State Road 46, Sanford, FL 32771