1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Economic Opportunity
- Division of Workforce Services
2. Proposed Rules
- Department of State
- Division of Historical Resources
- The purpose and effect of this action is to repeal rules 1A-39.002, 1A-39.003, 1A-39.004, 1A-39.005, 1A-39-006, 1A-39.006, 1A-39.007, 1A-39.008, 1A-39.009, 1A-39.010, 1A-39.011, and 1A-39.012.
- Due of Comment: 2/26/2015
- Water Management Districts
- Suwannee River Water Management District
- Department of Business and Professional Regulation
- Division of Alcoholic Beverages and Tobacco
- Agency for Health Care Administration
- Medicaid
- The purpose of the amendment to Rule 59G-6.080 is to incorporate by reference the Florida Title XIX Federally Qualified Health Center and Rural Health Center Reimbursement Plan (the Plan), Version V, effective July 1, 2014.
- Due of Comment: 2/26/2015
- The purpose of the amendment to Rule 59G-6.090 is to incorporate by reference the Florida Title XIX County Health Department Reimbursement Plan (the Plan), Version XII, effective July 1, 2014.
- Due of Comment: 2/26/2015
- The purpose of the amendment to Rule 59G-13.088 is to incorporate by reference the Florida Medicaid Consumer-Directed Care Plus Program Coverage, Limitations, and Reimbursement Handbook, ____________.
- Due of Comment: 2/26/2015
- The purpose of the amendment to Rule 59G-6.010 is to incorporate by reference the Florida Title XIX Long-Term Care Reimbursement Plan (the Plan), Version XLII, effective July 1, 2014.
- Due of Comment: 2/26/2015
- The purpose of the amendment to Rule 59G-13.132 is to incorporate by reference the Florida Medicaid Traumatic Brain and Spinal Cord Injury Waiver Disposable Incontinence Medical Supplies Fee Schedule, ________________.
- Due of Comment: 2/26/2015
- The purpose of the amendment to Rule 59G-13.086 is to incorporate by reference the Florida Medicaid Developmental Disabilities Individual Budgeting Waiver Disposable Incontinence Medical Supplies Fee Schedule, ____________.
- Due of Comment: 2/26/2015
- The purpose of the amendment to Rule 59G-13.081 is to incorporate by reference the Florida Medicaid Developmental Disabilities Individual Budgeting Waiver Services Provider Rate Table, __________________.
- Due of Comment: 2/26/2015
3. Notices of Changes, Corrections and Withdrawals
- Department of Health
- Board of Clinical Laboratory Personnel
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Agency for Health Care Administration
- Medicaid
- A Final Order granting the petition for variance from or waiver of Fla. Admin. Code R. 59G-13.083 filed by the Petitioner, A.L., on October 6, 2014. Notice of the petition was published in Volume 40, No. 213, of the October 31, 2014, Florida Administrative Register. Petitioner sought a variance from the requirement on pages 2-56 of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook, which is incorporated by reference into Fla. Admin. Code R. 59G-13.083 that private duty nursing services shall be provided in the recipient’s own home or family home. Petitioner requested a variance allowing the Petitioner to receive private duty nursing services at the school/daycare run by the guardian/caretaker A.M. The Agency’s Order, issued January 5, 2015, granted Petitioner’s request for variance as Petitioner demonstrated that a variance or waiver, as requested, is reasonable under the circumstances and that a strict application of the rule and handbook provisions under the circumstances of this case would lead to unreasonable, unfair, and unintended results.
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Department of Environmental Protection
- Departmental
- of its intent to grant a variance under Section 403.201, F.S., from the provisions of Rule 62-330.302(1)(c), F.A.C., to Lee County Electric Cooperative (LCEC), Inc., P.O. Box 3455, North Fort Myers, FL 33918 (File No. 36-0293378-004). The variance will allow for the removal of an existing power line, construction of 11 new power poles, approximately 60’ north of the existing line, and restoration of seagrass in Matlacha Pass Aquatic Preserve, Class II, Outstanding Florida Waters, conditionally approved for shellfish harvesting, in Lee County. The variance is being granted because the petitioner has demonstrated that the variance is necessary to relieve or prevent hardship. The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33902, online at http://depedms.dep.state.fl.us/Oculus/servlet/login, or by telephone 239-334-5600.
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Petitions for an administrative hearing must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative hearing under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation is not available in this proceeding.
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.
- Department of Health
- Board of Massage Therapy
- Board of Chiropractic Medicine
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- waiver or variance filed by Rosimar Hernandez, seeking a variance or waiver of Rule 64B4-31.007(2)(b), F.A.C., which requires that a “licensed mental health counselor, or the equivalent, who is a qualified supervisor,” as used in Section 491.005(4)(c), F.S., is defined as an individual who, during the period for which the applicant claims supervision, is licensed or certified as a mental health counselor in another state, or resides in another state where licensure is not required, provided that he or she meets the education and experience requirements for licensure as a mental health counselor under Section 491.005(4), F.S.
- Agency for Health Care Administration
- Medicaid
- On February 3, 2015, the Agency issued a Final Order withdrawing the Petition for variance from or waiver of Rule 59G-13.083, Florida Administrative Code filed by Petitioner, Florida Association of Rehabilitation Facilities on December 30, 2014. Notice of the Petition was published in Volume 41, No. 10, of the January 15, 2015, Florida Administrative Register.
Petitioner sought a variance from or waiver of rule in the Personal Care Assistance Service and In-Home Support Services Limitations set forth on pages 2 - 50 and 2 - 46, respectively, of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook, which is incorporated by reference in Rule 59G-13.083, Florida Administrative Code. Petitioner sought a variance from or waiver of limited provisions of Fla. Admin. Code R. 59G-13.083, amended May 2012, entitled "Developmental Disabilities Waiver Services” (the “Rule”), which incorporates by reference into Rule the Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, November 2010 (the “Handbook”).
Petitioner sought a variance from or waiver of the Handbook provision, pages 2 – 50, which states the following limitation: “Recipients who receive in-home support services are not eligible to receive personal care assistance.” Further, Petitioner sought a variance from or waiver of the Handbook provision, pages 2 – 46, which states: “…[i]n-home hourly support service may be billed for up to six hours a day in addition to the live in support services if approve by the APD Area Office with concurrence from the APD Central Office.” Petitioner sought a variance from or waiver to enable APD to approve additional quarter hours of service if the conditions of paragraphs A. and B. set forth on pages 2- 46 are not met when more staff assistance is required for in-home live in services.
5. Notices of Meetings, Workshops and Public Hearings
- Department of Agriculture and Consumer Services
- Division of Marketing and Development
- Other Agencies and Organizations
- Enterprise Florida, Inc.
- Clay Soil and Water Conservation District
- Department of Financial Services
- Division of Investigative and Forensic Services
- Executive Office of the Governor
- Other Agencies and Organizations
- Department of Agriculture and Consumer Services
- Division of Agricultural Environmental Services
- Department of Business and Professional Regulation
- Florida Housing Finance Corporation
- Departmental
- The Review Committee Meeting will be to give the scores for the Applications submitted in response to Florida Housing Finance Corporation’s Request for Applications No. 2014-114 for Housing Credit Financing for Affordable Housing Developments Located in Medium and Small Counties and to submit a recommendation to Florida Housing’s Board of Directors.; March 11, 2015, 9:30 a.m. (Eastern Time); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida
- Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida
- Department of Health
- Board of Clinical Laboratory Personnel
- General board business.; Friday, March 6, 2015, commencing at 9:00 a.m., at meet me number (888) 670-3525, participant code 7342425515.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257.
- Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257.
- Executive Office of the Governor
- Florida Housing Finance Corporation
- Departmental
- The first Review Committee Meeting will be to discuss the Applications and answer any questions the Review Committee may have regarding the Applications submitted in response to Florida Housing Finance Corporation’s Request for Applications No. 2014-115 for Housing Credit Financing for Affordable Housing Developments Located in Broward County, Duval County, Hillsborough County, Orange County, Palm Beach County, and Pinellas County. The second Review Committee Meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors.; March 11, 2015, 1:30 p.m. (Eastern Time); April 29, 2015, 9:30 a.m. (Eastern Time); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida
- Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Health
- Board of Psychology
- Mary Wetherby, Ph.D.,; The Notice of Declaratory Statement was published on September 25, 2014, in Vol. 40, No. 187, of the Florida Administrative Register. Petitioner sought the Board’s interpretation of §490.003(4)(a), F.S. Petitioner sought a determination that regarding whether her practice of telepsychology from California, for Florida patients, falls within the meaning of said statute and is not otherwise prohibited. The Board considered the Petition at a duly-noticed public meeting held telephonically on November 21, 2014.
The Board’s Order, filed February 2, 2015, answers the issues stated in the petition in the affirmative finding that: 1) as a Florida-licensed practitioner, Petitioner is a substantially affected person seeking guidance on interpretation of §490.003(4)(a), F.S. – which states that psychological services may be rendered to individuals, couples, families, groups, and the public without regard to place of service – as applied to her future, particular circumstances; 2) Petitioner is allowed to continue to treat her established patients by videoconference or by telephone from her office in California and/or Florida, in a private setting; 3) Petitioner will maintain her Florida license and has applied for licensure in California; 4) Petitioner has made arrangements with a clinician who can provide local backup should backup be necessary.
- Agency for Health Care Administration
- Department of Health
- Board of Clinical Laboratory Personnel
- Department of Business and Professional Regulation
- Electrical Contractors' Licensing Board
7. Notices Regarding Bids, Proposals and Purchasing
- Department of Financial Services
- Division of Risk Management
8. Miscellaneous
- Department of Economic Opportunity
- Division of Community Development
- Department of Health
- Board of Medicine
- Board of Nursing