1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Management Services
- Department of Health
- Department of Financial Services
- Division of State Fire Marshal
2. Proposed Rules
- Department of Revenue
- Departmental
- Sales and Use Tax
- The purpose of the proposed amendments to Rule 12A-1.0115, F.A.C., is to incorporate the expanded exemption for food and beverages sold by qualified veterans’ organizations to their members as provided in Section 12, Chapter 2016-220, L.O.F.
The purpose of the proposed amendments to Rule 12A-1.097, F.A.C. is to adopt, by reference, changes to forms currently used to administer sales and use tax, as well as to promulgate two forms for the first time. Changes to forms bring the forms into compliance with current administrative procedures, update contact information for the Department, and allow the form to be accessed electronically through the Department of State’s website. The two new forms are necessary for renewal of registration for the operation of amusement machines.
- Due of Comment: 11/16/2016
- The purpose of the proposed amendments to Rule 12A-1.087, F.A.C., is to incorporate legislative changes in Section 12, Chapter 2016-220, Laws of Florida. The new exemption created in that section allows for the exempt sale of certain postharvest machinery and equipment. The rule change provides guidance on when the exemption applies and a suggested certificate to document an exempt sale.
- Due of Comment: 11/16/2016
- The purpose of the proposed amendments to Rule 12A-13.002, F.A.C., is to adopt, by reference, changes to a form used by the Department in the administration of motor vehicle warranty fees. This promulgation will update formatting on the form, modify the title of the form, and will allow for the form to be accessed electronically on the Department of State’s website.
- Due of Comment: 11/16/2016
- Chapter 2016-059, L.O.F., modified provisions related to secondhand dealers to add a kiosk option, and to clarify registration and holding requirements for dealers. The purpose of the proposed amendments to Rule 12A-17.003, F.A.C., is to update registration requirements for secondhand dealers and secondary metal recyclers to comply with statutory changes.
The purpose of the proposed amendments to Rule 12A-17.005, F.A.C., is to adopt, by reference, changes to two forms used by the Department in the registration of secondhand dealers and secondary metal recyclers. The modified forms are the DR-1S (Registration Application for Secondhand Dealers and Secondary Metals Recyclers), and the DR-1SN (Instructions - Registration Application for Secondhand Dealers and Secondary Metals Recyclers).
- Due of Comment: 11/16/2016
- The purpose of the proposed amendments to Rule 12A-19.100, F.A.C., is to adopt, by reference, changes to forms used to report the Florida communications services tax. These changes are limited to annual tax rate adjustments for local jurisdictions and formatting changes.
- Due of Comment: 11/16/2016
- Miscellaneous Tax
- The purpose of the proposed amendments to Rule 12B-5.150, F.A.C., is to clarify registration procedures for fuel dealers by amending Form DR-156 (Florida Fuel or Pollutants Tax Application).
The purpose of the proposed amendments to Rule 12B-5.300, F.A.C., is to incorporate statutory changes to an exemption for certain air carrier fuel licensees, as provided in Chapter 2016-220, L.O.F.
- Due of Comment: 11/16/2016
- The purpose of the proposed amendments to Rule 12B-6.005, F.A.C., is to adopt, by reference, changes to the Gross Receipts Tax Return, form DR-133.
- Due of Comment: 11/16/2016
- The purpose of the proposed amendments to Rule 12B-8.003, F.A.C., is to adopt, by reference, changes to three forms used in the administration of the insurance premium taxes, fees, and surcharges.
- Due of Comment: 11/16/2016
- Corporate, Estate and Intangible Tax
- Section 14 of Chapter 2016-220, L.O.F., modified the way “adjusted federal income” is defined and calculated for Florida Corporate Income Tax purposes. The purpose of changes to Rule 12C-1.013, F.A.C., is to provide guidance to taxpayers on how adjusted federal income should now be calculated, particularly with respect to adjustments related to certain depreciation. The changes also remove obsolete provisions related to earlier tax years.
Sections 16 through 19 of Chapter 2016-220, L.O.F., amended provisions in Chapter 220, F.S., to conform the timing of filing returns, making payments, and filing declarations to analogous timing provisions at the federal level. The purpose of the proposed amendments to Rules 12C-1.0222 and 12C-1.034, F.A.C. is to bring the rules into compliance with the statutory changes.
The purpose of the proposed amendments to Rule 12C-1.051, F.A.C., is to adopt, by reference, changes to forms used by the Department in the administration of the corporate income tax.
- Due of Comment: 11/16/2016
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Department of Financial Services
- FSC - Financial Institution Regulation
- To conform the rules and incorporated forms to the amendments to Chapter 662, F.S., as enacted in Chapter 2016-35, Laws of Florida; to clarify and streamline portions of the application and renewal forms; and to make grammatical, formatting, and other minor changes.
- Due of Comment: 11/16/2016
- To clarify and define the terms Call Report and Credit Union Profile report in Rule 69U-110.045, F.A.C., and to update requirements for the timing and electronic filing of such reports as required by the National Credit Union Administration (NCUA) under federal law. To conform Rule 69U-110.053, F.A.C., to the 2015 amendments to Section 655.047, F.S., regarding the filing and deadline requirements for state credit unions to submit semiannual assessment payments by mail and by electronic means.
- Due of Comment: 11/16/2016
- To incorporate by reference the financial reporting form for trust companies; to update and clarify the definition of call reports for banks, associations, and trust companies; to clarify the filing and deadline requirements for call reports; to conform the assessments rule to the 2015 amendments to Section 655.047, F.S., regarding the filing and deadline requirements for submitting semiannual assessments by mail and by electronic means; and to correct certain dollar amounts in the assessments schedule.
- Due of Comment: 11/16/2016
3. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from Dumpling House located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under a different ownership and on the same premise.
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 before 5:00 p.m.
- an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from Sushi Haru located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under a different ownership and on the same premise.
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 before 5:00 p.m.
- Department of Health
- Board of Optometry
- variance or waiver filed by Lorraine Snead, OD, from Rule 64B13-4.001(2), F.A.C., regarding the requirement that applicants for licensure must have passed all 4 parts of the licensure examination within the 7 year period immediately preceding application for licensure. Comments on this petition should be filed with the Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3255, telephone: (850) 488-0595, or by electronic mail – Anthony.Spivey@flhealth.gov, within 14 days of publication of this notice.
- Water Management Districts
- South Florida Water Management District
- On October 13, 2016, the District's Governing Board issued SFWMD Order No. 2016-075-DAO-ROW to the City of Sweetwater (Application No. 14-0925-1). The petition for waiver was received by the District on February 5, 2016. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 42, No. 29, on February 12, 2016. No public comment was received. This Order provides a waiver of the District's criteria to allow for the construction of a pedestrian plaza, to be known as “Brothers to the Rescue Memorial Plaza”, consisting of planters/benches, pavers, low level lighting and a bulkhead wall within the north right of way of the C-4 Canal; Section 6/7, Township 54 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from Rule 40E-6.011(4)&(6), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in Rules 40E-6.091(1), Fla. Admin. Code, which governs the placement of permanent and semi-permanent above-ground structures within 40 feet of top of canal bank within works or lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver as follows: 1) the proposed facilities will not interfere with the District's current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon a substantial hardship.
- On October 13, 2016, the District's Governing Board issued SFWMD Order No. 2016-076-DAO-ROW to Florida International University (Application No. 16-0627-1). The petition for waiver was received by the District on June 27, 2016. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 42, No. 126, on June 29, 2016. No public comment was received. This Order provides a waiver of the District's criteria to allow for the construction of a skywalk/cable-stayed free-span pedestrian bridge crossing over the C-4 Canal and S.W. 8th Street with an associated bulkhead wall, stair/elevator tower and sand-cement rip rap; Section 6/7, Township 54 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from Rule 40E-6.011(4)&(6), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in Rules 40E-6.091(1), Fla. Admin. Code, which governs the placement of permanent and semi-permanent above-ground structures within 40 feet of top of canal bank within works or lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver as follows: 1) the proposed facilities will not interfere with the District's current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon a substantial hardship.
4. Notices of Meetings, Workshops and Public Hearings
- Department of Agriculture and Consumer Services
- Water Management Districts
- South Florida Water Management District
- Department of Health
- Board of Occupational Therapy
- General Business Meeting; January 30, 2017, 9:00 a.m., E.S.T. or soon thereafter; May 1, 2017, 9:00 a.m. , E.S.T. or soon thereafter; July 31, 2017, 9:00 a.m. , E.S.T. or soon thereafter; October 16, 2017, 9:00 a.m. , E.S.T. or soon thereafter.; Capital Circle Office Center, 4042 Bald Cypress Way, Room 301, Tallahassee, FL 32399-3255
- Capital Circle Office Center, 4042 Bald Cypress Way, Room 301, Tallahassee, FL 32399-3255
- Probable Cause Panel Meeting. A meeting or portion of a probable cause panel meeting is public only if a case or cases are public by reason of reconsideration.; January 30, 2017, 8:00 a.m., E.S.T. or soon thereafter; May 1, 2017, 8:00 a.m. , E.S.T. or soon thereafter; July 31, 2017, 8:00 a.m. , E.S.T. or soon thereafter; October 16, 2017, 8:00 a.m. , E.S.T. or soon thereafter.; Capital Circle Office Center, 4042 Bald Cypress Way, Room 301, Tallahassee, FL 32399-3255
- Capital Circle Office Center, 4042 Bald Cypress Way, Room 301, Tallahassee, FL 32399-3255
- Board of Medicine
- General Business Meeting.; January 9, 2017 beginning at 2:00 p.m. E.S.T. or soon thereafter; April 24, 2017 beginning at 2:00 p.m. E.S.T. or soon thereafter; July 24, 2017 beginning at 2:00 p.m. E.S.T. or soon thereafter; October 23, 2017 beginning at 2:00 p.m. E.S.T. or soon thereafter.; Conference Call: 1(888) 670-3525. After dialing the meet me number, when prompted, insert the 7811783909 followed by the # sign in order to join the meeting.
- Conference Call: 1(888) 670-3525. After dialing the meet me number, when prompted, insert the 7811783909 followed by the # sign in order to join the meeting.
- To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, November 18, 2016, 2:30 p.m.; Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
- Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
- Department of Children and Families
- Department of Health
- Division of Family Health Services
- Division of Emergency Preparedness and Community Support
- Department of Business and Professional Regulation
- Board of Architecture and Interior Design
- Department of Health
- Board of Speech-Language Pathology and Audiology
- General business of the Board.; UPDATE: THIS MEETING HAS BEEN CANCELLED-October 26, 2016, 9:00 a.m.; UPDATE: THIS MEETING HAS BEEN CANCELLED-Caribe Royale, 8101 World Center Drive, Orlando, FL 32821, (407)238-8000
- UPDATE: THIS MEETING HAS BEEN CANCELLED-Caribe Royale, 8101 World Center Drive, Orlando, FL 32821, (407)238-8000
- Department of Management Services
- E911 Board
- To consider Text to 911.; November 16, 2016, 2:00 p.m., and continue through end of business November 17, 2016. (Prior noticed workshop of October 12 through 13, 2016, was cancelled due to hurricane.); Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. The meeting/workshop will be held in Room 180 on November 16th and Room 152 on November 17th.
- Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. The meeting/workshop will be held in Room 180 on November 16th and Room 152 on November 17th.
- Department of Health
- Division of Environmental Health
- DOH Public Swimming Pool Advisory Board will review, discuss and make recommendations to the department regarding applications submitted by owners/agents for variance from the state's public pool codes.; November 9, 2016, 10am ET to 2pm, or when completed, whichever is first.; Reedy Creek Improvement District, 3rd floor, 1900 Hotel Plaza Blvd., Lake Buena Vista, FL, 32830. General parking is preferred in AAU lot immediately north of RCID. Recorded teleconference attendance call-in phone number is 1-888-670-3525, participant passcode 770-804-4610, then#
- Reedy Creek Improvement District, 3rd floor, 1900 Hotel Plaza Blvd., Lake Buena Vista, FL, 32830. General parking is preferred in AAU lot immediately north of RCID. Recorded teleconference attendance call-in phone number is 1-888-670-3525, participant passcode 770-804-4610, then#
5. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Corrections
- Departmental
- Frank Mazzei; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as written. The Petitioner did not allege that he is unsure of how the provisions of the Florida Statutes and the Florida Administrative Code should be applied to his particular situation. Such uncertainty is a necessary element of any statutorily sufficient Petition for Declaratory Statement. As for the unidentified form and the “Policy and Procedure Manual” referenced in the Petition, the Petitioner failed to set forth any issue, controversy, or confusion regarding either. Accordingly, the Department was unable to make any declaration regarding those items. For the foregoing reasons, the Petition was denied.
- Debbie Tillman; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as written. The Petitioner did not allege that she is unsure of how the provisions of the Florida Statutes and the Florida Administrative Code should be applied to her particular situation. Such uncertainty is a necessary element of any statutorily sufficient Petition for Declaratory Statement. As for the unidentified form and the “Policy and Procedure Manual” referenced in the Petition, the Petitioner failed to set forth any issue, controversy, or confusion regarding either. Accordingly, the Department was unable to make any declaration regarding those items. For the foregoing reasons, the Petition was denied.
- Department of Financial Services
- Finance
- Bitcoin Development Group, LLC.,; The petition sought a declaratory statement from the Office on 1) whether a money services business license pursuant to Chapter 560, Florida Statutes would be required for a business wishing to dispense Bitcoin in exchange for U.S. dollars in the State of Florida; 2) whether such business, if unlicensed in Florida but registered with FinCEN, could be criminally charged for selling Bitcoin via the aforementioned ATMs in Florida and 3)what if any, other penalties, aside from criminal, that may be incurred as a result of selling virtual currency in the State of Florida if not licensed pursuant to Chapter 560, Florida Statutes.
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On October 14, 2016, the Office issued a Final Order denying Bitcoin Development Group, LLC., Petition as the facts provided in the Petition are inadequate for the Office to make a determination whether Petitioner's proposed activities constitute money transmission. Although Petitioner
states that it sells virtual currency via its machines, the Petition is substantially silent regarding the ownership of the bitcoin coin being sold and the Petitioner's specific role in facilitating the transfer of such bitcoin.
Thus, a declaratory statement is not available to Petitioner because the facts provided in the Petition are not clearly identified or delineated.
- Moonshine, LLC (MS), on October 17, 2016.; The petition seeks a declaratory statement from the Office on whether Petitioner's proposed business model (of offering funds to Florida clients to assist relatives in foreign countries) falls within the Florida Money Transmitter Statute, Chapter 560, Florida Statutes.
6. Notices Regarding Bids, Proposals and Purchasing
- Department of Education
- Other Agencies and Organizations
- Department of Education
- Fish and Wildlife Conservation Commission
7. Miscellaneous
- Department of Economic Opportunity
- Division of Community Development
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Department of Economic Opportunity
- Division of Community Development
- Department of Highway Safety and Motor Vehicles
- Division of Motor Vehicles