1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Citrus
- Department of Environmental Protection
- Departmental
- The purpose of the proposed rule development (OGC No. 17-0890) is to amend Rules 62-210.200, 62-210.300, 62-210.310, 62-210.550, 62-210.700, and 62-210.900, F.A.C. The revisions will create an Air General Permits (AGP) for Asphalt Concrete Plants, amend the sunset date for provisions of Rule 62-210.700, and revise the Facility Relocation Notification form (DEP Form 62-210.900(6)). Clarifying and corrective revisions to existing rule language in Rules 62-210.200, 62-210.300, 62-210.310, and 62-210.550, F.A.C., will also be considered.
- The purpose of this rule development (OGC No. 17-0891) is to update Chapter 62-213, to create a Title V General Permit for air curtain incinerators (ACIs), provide an improved process for minor permit amendments, and remove or clarify obsolete or outdated provisions. Rule 62-213.300, F.A.C., will be revised to create a Title V General Permit for air curtain incinerators subject to 40 C.F.R. Part 60, Subparts AAAA, BBBB, CCCC, DDDD, EEEE, or FFFF and remove obsolete language previously used to transition certain source types into Non-Title V General Permits. Rule 62-213.410, F.A.C., will be revised to provide an improved process for minor permit amendments. Rules 62-213.205, 62-213.405, 62-213.410, 62-213.412, 62-213.413, 62-213.415, 62-213.420, 62-213.430, 62-213.450, and 62-213.460, F.A.C., will be revised to clarify or delete obsolete or outdated provisions and incorporate-by-reference the appropriate DEP forms in the rules where they are used.
- Agency for Health Care Administration
- Department of Transportation
- Water Management Districts
- Northwest Florida Water Management District
- Department of Agriculture and Consumer Services
- Division of Consumer Services
- Department of Revenue
- Property Tax Oversight Program
- The purpose of the amendment to Rule 12D-9.020, F.A.C., is to implement the Administrative Law Judge’s (ALJ) ruling in Rob Turner, Hillsborough County Property Appraiser vs. Department of Revenue. The effect of this rule amendment is to make the rule consistent with the ALJ’s ruling regarding the exchange of evidence in the value adjustment board (VAB) hearing process, as well as with Chapter 2016-128, s. 10, and Chapter 2013-109, s. 8, Laws of Florida.
- The purpose of the amendment to Rule 12D-16.002, F.A.C., is to add an information page to Forms DR-486 (Petition to the Value Adjustment Board – Request for Hearing) and DR-486PORT (Petition to the Value Adjustment Board – Transfer of Homestead Assessment Difference, Request for Hearing). The effect of this rule amendment will be that this information page will provide useful reference material to the taxpayer for the value adjustment board (VAB) hearing process.
2. Proposed Rules
- State Board of Administration
- Departmental
- To adopt the most recent revised Investment Policy Statement approved by the Trustees approved and made effective by the Trustees on June 14, 2017 for the Local Government Surplus Funds Trust Fund (Non-Qualified).
- Due of Comment: 11/17/2017
- To adopt the revised Investment Policy Statement approved and made effective by the Trustees on June 14, 2017 for the Florida Retirement System Investment Plan.
- Due of Comment: 11/17/2017
- The rule amendments to Rule 19-11.001 serve to indicate that a “member” of the Investment Plan includes an individual who is deemed to be a renewed member pursuant to Section 121.122, Florida Statutes, which has been amended by Chapter 2017-88, Laws of Florida, to provide that certain retirees who are reemployed on or after July 1, 2017, may be renewed members of the Investment Plan. Rule 19-11.002 is being amended to indicate that an Investment Plan member who is killed in the line of duty shall have certain survivorship benefits paid; to indicate the dates that certain enrollment forms and second election enrollment forms have been amended; and update the name of the investment fund used to hold account funds where the beneficiary cannot be located. The amendments to Rule 19-11.003, F.A.C. adopt the latest version of the Employment Termination Form and to make a few minor editorial revisions. Rule 19-11.004, F.A.C. is being amended to adopt the revised Transfer Request Form- Excessive Fund Trading Violators. Rule 19-11.006 is being amended to adopt the latest versions of the applicable enrollment forms; and to update and clarify information concerning specific enrollment procedures. Rule 19-11.007, F.A.C. is being amended to adopt the latest versions of the Second Election enrollment forms; and to indicate that an Investment Plan member that is eligible to be a renewed Investment Plan member on or after July 1, 2017 is not eligible to use the second election to transfer to the Pension Plan. Rule 19-11.008, F.A.C. is being amended to indicate the any unvested Investment Plan account balances will be transferred to a suspense account the funds of which will be invested in the FRS Intermediate Bond Fund. Rule 19-11.009 is being amended to indicate that, as provided by amendments to Section 121.122, Florida Statutes, a retiree of the Investment Plan, Senior Management Service Optional Annuity Program (SMSOAP), State University System Optional Retirement Program (SUSORP) and State Community College System Optional Retirement Program (SCCSORP) who is reemployed with a FRS-participating employer in a covered position on or after July 1, 2017 will be a mandatory renewed member of the Investment Plan, unless employed in a position eligible for participation in the SUSORP or SCCSORP. Such renewed member will be enrolled in the Regular Class, unless the position meets the requirements to enroll in the Special Risk Class, Elected Officers’ Class or Senior Management Service Class. Rule 19-11.012, F.A.C. is amended to adopt the latest version of the rollover forms. Rule 19-11.013, F.A.C. is amended to set forth how the Self-Directed Brokerage Account enrollment form can be obtained and to make a few clarifications. Rule 19-11.014 is being updated to indicate that the survivorship benefits paid to the surviving children of an Investment Plan member killed in the line-of-duty shall be paid as provided in Section 121.091(7)(d) and (i), Florida Statutes.
- Due of Comment: 11/17/2017
- The rule amendments to Rule 19-13.001 serve to indicate that there no longer are just ten (10) target date funds that are available investment options to investment plan members. The total number of funds may continue to vary over time. Rule 19-13.002 is being amended to recognize that Chapter 2017-88, Laws of Florida, amended Section 121.591(4), Florida Statutes, to provide for special in line-of-duty death benefits for the spouse and child(ren) of any investment plan member, and not just special risk class members. Thus, the Division of Retirement will now administer in-line-of-duty death benefits for all members.
- Due of Comment: 11/17/2017
3. Notices of Changes, Corrections and Withdrawals
- Department of Children and Families
- Family Safety and Preservation Program
4. Emergency Rules
- Department of the Lottery
5. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Law Enforcement
- Criminal Justice Standards and Training Commission
- a permanent waiver of Rule 11B-27.002(4), F.A.C., from Benjamin Lenfant. Petitioner wishes to waive that portion of the Rule that states: (a) Within 4 years of the beginning date of a Commission-approved Basic Recruit Training Program, an individual shall successfully complete the program, achieve a passing score on the applicable State Officer Certification Examination, and gain employment, and certification as an officer. (b) An individual who fails to comply with the requirements in paragraph (4)(a) of this rule section for the discipline in which the training was completed, within four years of the date of beginning such training, shall as a condition for obtaining employment comply with the following: 1. Successfully complete a Commission-approved Basic Recruit Training Program pursuant to Rule 11B-35.002, F.A.C., or qualify for an exemption from a Commission-approved Basic Recruit Training Program, pursuant to Section 943.131(2), F.S., to include demonstration of proficiency in the High-Liability Basic Recruit Training Courses pursuant to Rule 11B-35.0024, F.A.C.; and 2. Achieve a passing score on the State Officer Certification Examination. In justification of his petition for waiver, Petitioner asserts that he completed a commission-approved Equivalency of Training Course in May of 2017, that he completed the required proficiency demonstration in June of 2017, and that he subsequently passed the State Officer Certification Examination in August of 2017. Petitioner further asserts that he has applied for law enforcement officer positions with several Florida agencies, that he has passed or is scheduled to take written and physical tests with these agencies, and that certain agencies are now processing his application. Petitioner alleges that, should the waiver not be granted, Petitioner will suffer a substantial hardship as he would be unable to obtain employment as a certified law enforcement officer until he completes another basic recruit training academy and passes another State Officer Certification Examination.
- On October 26, 2017, Benjamin Lenfant withdrew his petition for waiver of Rule 11B-27.002, F.A.C., filed on October 26, 2017, and to be noticed on October 27, 2017, in Vol. 43, No. 209, of the Florida Administrative Register.
- Agency for Health Care Administration
- Health Facility and Agency Licensing
- Variance from Rule 59AER17-1, F.A.C., from Adventist Care Centers-Courtland, Inc. The Petition has been assigned Agency case number 2017012941. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Avante at Ocala, Inc. The Petition has been assigned Agency case number 2017012949. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Avante at St. Cloud, Inc. The Petition has been assigned Agency case number 2017012950. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Avante at Leesburg, Inc. The Petition has been assigned Agency case number 2017012942. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Avante at Mt. Dora, Inc. The Petition has been assigned Agency case number 2017012943. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Westminster Pines, Inc. d/b/a Westminster St. Augustine. The Petition has been assigned Agency case number 2017012947. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Suncoast Manor Retirement Community, Inc. d/b/a Westminster Suncoast. The Petition has been assigned Agency case number 2017012946. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
- Variance from Rule 59AER17-1, F.A.C., from Sunbelt Health & Rehab Center-Apopka, Inc. The Petition has been assigned Agency case number 2017012945. The Petition seeks a variance from Rule 59AER17-1 F.A.C. requesting a variance as to the time for the implementation of the emergency rule and specifically requesting an extension of time to implement the rule. Interested persons or other agencies may submit written comments on the petition for emergency variance within 5 days after publication of the notice by forwarding an email to Kimberly.Stewart@ahca.myflorida.com.
6. Notices of Meetings, Workshops and Public Hearings
- Water Management Districts
- South Florida Water Management District
- Other Agencies and Organizations
- HANSON PROFESSIONAL SERVICES, INC.
- The Florida Department of Transportation (FDOT), District Four, will conduct a Public Hearing for SR 9/I-95 from South of 45th Street to North of 45th Street in Palm Beach County, Florida. The hearing will begin as an open house with a formal presentation at 6 p.m., followed by a public comment period. Preliminary design plans and other pertinent project materials will be on display and staff will be available to discuss the project and answer questions.
The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by the Florida Department of Transportation (FDOT) pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 14, 2016 and executed by the Federal Highway Administration and FDOT.
; Thursday, November 2, 2017 from 5:00 p.m. to 7:00 p.m.; Hawthorn Suites West Palm Beach located at 301 Lamberton Drive, West Palm Beach, FL 33401.
- Hawthorn Suites West Palm Beach located at 301 Lamberton Drive, West Palm Beach, FL 33401.
- Council of Community College Presidents
- Executive Office of the Governor
- Water Management Districts
- St. Johns River Water Management District
- Discussion, review and evaluation of various issues and topics having specific reference to the Harris Chain of Lakes in Lake County.;
Friday, November 3, 9:00 a.m.
; Lake County Administration Building, Second Floor, County Commission Meeting Room, 315 West Main Street, Tavares, FL 32778
- Lake County Administration Building, Second Floor, County Commission Meeting Room, 315 West Main Street, Tavares, FL 32778
- Other Agencies and Organizations
- Florida Commission on Access to Civil Justice
- Department of Transportation
- Departmental
- Bicycle and Pedestrian transportation issues and safety; November 7, 2017, 1:00 pm and November 8, 2017, 8:30 am; Florida Department of Transportation Burns Auditorium, 605 Suwannee Street, Tallahassee, Florida 32399
- Florida Department of Transportation Burns Auditorium, 605 Suwannee Street, Tallahassee, Florida 32399
- Fish and Wildlife Conservation Commission
- Vessel Registration and Boating Safety
- Department of Management Services
- Other Agencies and Organizations
- Foundation for Indigent Guardianship
- Department of Environmental Protection
- Departmental
- This is a Wekiva River, Rock Springs Run, and Little Wekiva Canal Basin Management Action Plan (BMAP) public meeting to which the public is invited. This is a meeting of the Onsite Sewage Treatment and Disposal Systems (OSTDS) advisory committee associated with the Wekiva BMAP. Meeting items will include technical discussions on possible approaches for addressing nitrate loadings to the Wekiva basin.; Wednesday, November 8, 2017, 2:00 p.m.; Seminole County Extension Auditorium, 250 West County Home Road, Sanford, Florida.
- Seminole County Extension Auditorium, 250 West County Home Road, Sanford, Florida.
- Department of Legal Affairs
- Departmental
- Florida Motor Vehicle Arbitration Board, 2017 Board Member Training (Makeup Session).; Friday, November 17, 2017, 10:00 a.m. – 3:00 p.m.; Office of the Attorney General, 110 Southeast Sixth Street, Tenth Floor,
Fort Lauderdale, FL 33301
- Office of the Attorney General, 110 Southeast Sixth Street, Tenth Floor,
Fort Lauderdale, FL 33301
- Other Agencies and Organizations
- Florida Workers' Compensation Joint Underwriting Association, Inc
7. Miscellaneous
- Department of Citrus
- Department of Health
- Department of Financial Services
- Department of Economic Opportunity
- Division of Community Development
- Department of State