1. Notices of Development of Proposed Rules and Negotiated Rulemaking
2. Proposed Rules
- Department of Management Services
- Agency for Health Care Administration
- Medicaid
- The purpose of Rule 59G-4.211, Florida Administrative Code, is to incorporate by reference the Florida Medicaid Orthopedic Services Coverage Policy, __________.
- The purpose of Rule 59G-4.235, Florida Administrative Code, is to incorporate by reference the Florida Medicaid Respiratory System Services Coverage Policy, __________ and revise the rule title.
- The purpose of Rule 59G-4.360, Florida Administrative Code, is to incorporate by reference the Florida Medicaid Transplant Services Coverage Policy, __________.
- The purpose of Rule 59G-4.013, Florida Administrative Code, is to incorporate by reference the Florida Medicaid Allergy Services Coverage Policy, __________.
- The purpose of the amendment to Rule 59G-4.210, Florida Administrative Code, is to incorporate by reference the Florida Medicaid Visual Care Services Coverage Policy,________.
- The purpose of the amendment to Rule 59G-4.110, Florida Administrative Code, is to incorporate by reference the Florida Medicaid Hearing Services Coverage Policy, __________.
3. Notices of Changes, Corrections and Withdrawals
- Fish and Wildlife Conservation Commission
- Freshwater Fish and Wildlife
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- On March 14, 2016 the Division issued an order. The Final Order was in response to a Petition for an emergency temporary Variance from Southbay Condominium Association Inc., filed February 4, 2016, and advertised on February 9, 2016 in Vol. 42, No. 26, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a temporary variance from Rule 2.7.4, ASME A17.3, 1996 edition, 8.11.2.5( c), ASME A17.1, 2009 edition, 10631b, ASME A17.1, 1987 edition, and 208.8, ASME A17.1, 1987 edition as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires restricted opening of hoistway doors, no rust on counterweight bumpers, sump pumps must have covers, and a driving machine break with a capacity to hold the car at rest with its rated load because the Petitioner has demonstrated that the purpose of the underlying statute has been met and that Petitioner would suffer a substantial hardship if required to comply with this rule. The variance expires on April 30, 2017. (VW2016-023).
- Department of Health
- Board of Occupational Therapy
- Division of Environmental Health
- that on November 2, 2015, Michael Melucci, General Manager of Truly Organic Pizza (Petitioner), filed a petition for Permanent Variance from Rule 64E-11.004(2), F.A.C. This rule requires all potentially hazardous foods to be kept at 41 degrees Fahrenheit or below or 140 degrees Fahrenheit or above, except during necessary periods of preparation and storage. Notice of the Petition was published on February 18, 2016, in Volume 42, Number 31, of the Florida Administrative Register. Upon reviewing the Petitioner's facts that demonstrated a substantial hardship and how the purpose of the underlying statute would be served, an Order Granting Petition for Permanent Variance, with specified conditions, was issued on March 4, 2016.
- Department of Business and Professional Regulation
- Electrical Contractors' Licensing Board
- Construction Industry Licensing Board
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on October 1, 2015, by Jose Manuel Ojeda, Jr. The Notice of Petition for Variance or Waiver was published in Vol. 41, No. 197, of the October 9, 2015, Florida Administrative Register. Petitioner sought a variance from or a waiver of test scores and to have his expired scores accepted as valid on his application for a Certified Underground Utility and Excavation Contractor license The Board considered the instant Petition at a duly-noticed public meeting held on November 13, 2015, in Altamonte Springs, Florida.
The Board’s Order, filed on February 4, 2016, denied the Petition for a Variance or Waiver because the Petitioner did not demonstrate that the petition was in substantial compliance with the requirements of a petition for variance or waiver and that the petition was legally insufficient.
- Department of Health
- Board of Acupuncture
- that on July 21, 2015, an Order was filed on the Petition for Waiver or Variance. The Petition for Waiver or Variance was filed by Jay Xue Chang, on May 28, 2015, seeking a waiver or variance from Rule 64B1-4.0011, F.A.C., regarding the requirement that each applicant submit official transcripts directly from the institution(s) at which the requirements were completed. The Notice was published in Volume 41, No. 106, of the Florida Administrative Register, on June 2, 2015. The Board, at its meeting held on June 19, 2015, voted to grant the Petition for Waiver or Variance finding that the Petitioner demonstrated a substantial hardship; that application of the rule would violate the principles of fairness; and that the purpose of the underlying statute has been met
- Board of Optometry
- that on August 3, 2015, a Notice was filed on the Petition for Waiver or Variance. The Petition for Waiver or Variance was filed by Kate Lanier, on June 5, 2015, seeking a waiver or variance from Rule 64B13-4.001, F.A.C., requesting a permanent waiver of the requirement that passing scores on Part 1, Part II, and Part III of the licensure examination be obtained within the 7-year period immediately preceding application to take Part IV of the licensure examination. The Notice was published in Volume 41, No. 114, of the Florida Administrative Register, on June 12, 2015. The Board, at its meeting held on July 15, 2015, voted to deny the Petition for Waiver or Variance finding that the Petitioner did not demonstrate a substantial hardship; that application of the rule did not violate the principles of fairness; and that the purpose of the underlying statute was not met.
- that on March 14, 2016, a Notice was filed on the Petition for Waiver or Variance. The Petition for Waiver or Variance was filed by Long D. Tran, OD, FAAO, on November 6, 2015, seeking a waiver or variance 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. The Notice was published in Volume 41, No. 244, of the Florida Administrative Register, on December 18, 2015. The Board, at its meeting held on February 26, 2016, voted that the application of the rule would violate the principles of fairness as to Parts I and II of the examination. However, Petition failed to show that purpose of the underlying statute would be achieved by other means and or that application of the above rule would cause a substantial hardship or violate the principles of fairness as to Parts III and IV of the examination.
5. Notices of Meetings, Workshops and Public Hearings
- Department of Children and Families
- Refugee Services
- The purpose of the Tampa Bay Area Refugee Task Force meeting is to increase awareness of the refugee populations, share best practices, spot trends in refugee populations, build collaborations between agencies, help create good communication among service providers, get informed about upcoming community events, and discuss refugee program service needs and possible solutions to meeting those needs.; Tuesday, April 5, 2016; 1:30 PM - 3:30 PM; Department of Children and Families
Main Auditorium
9393 North Florida Avenue
Tampa, FL 33612
- Department of Children and Families
Main Auditorium
9393 North Florida Avenue
Tampa, FL 33612
- Department of State
- Division of Historical Resources
- Friends of Mission San Luis Board meeting to review structural documents and priorities for 2016 for the Florida Department of State's Division of Historical Resources.; March 24, 2016, 1:00 p.m. to conclusion; R.A. Gray Building, SOS Conference Room, Office of the Secretary, 500 S. Bronough Street, Tallahassee, FL 32399 or via teleconference
- R.A. Gray Building, SOS Conference Room, Office of the Secretary, 500 S. Bronough Street, Tallahassee, FL 32399 or via teleconference
- State Board of Administration
- Departmental
- Regularly scheduled quarterly meeting of the Investment Advisory Council. The IAC is a nine-member advisory council, which reviews the investments made by the staff of the State Board of Administration and makes recommendations to the board regarding investment policy, strategy, and procedures. The IAC operates under s. 215.444 of the Florida Statutes.; Wednesday, March 30, 2016, at 11:00 AM until completion of agenda.; The Hermitage Centre, Hermitage Conference Room, at 1801 Hermitage Boulevard, Tallahassee, Florida 32308. Attendees should check-in at the reception desk. On-site parking available.
- The Hermitage Centre, Hermitage Conference Room, at 1801 Hermitage Boulevard, Tallahassee, Florida 32308. Attendees should check-in at the reception desk. On-site parking available.
- Department of Business and Professional Regulation
- Board of Landscape Architecture
- Other Agencies and Organizations
- Water Management Districts
- St. Johns River Water Management District
- FY 2016-17 Districtwide Cost-Share Funding Workshop.
The District will accept applications from March 22, 2016 to April 22, 2016, for cost-share funding for projects benefitting water supply, water quality, natural systems or flood protection construction projects. This workshop will provide potential applicants with information to help them prepare and submit an application for the cost-share program.; Thursday, March 24, 2016, 11:00 a.m.; St. Johns River Water Management District, Maitland Service Center, Econ meeting room, 601 South Lake Destiny Road, Suite 200, Maitland, FL 32751. A webinar will be available for those unable to attend in person.
- St. Johns River Water Management District, Maitland Service Center, Econ meeting room, 601 South Lake Destiny Road, Suite 200, Maitland, FL 32751. A webinar will be available for those unable to attend in person.
- Florida Housing Finance Corporation
- Departmental
- The Review Committee meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Florida Housing Finance Corporation’s Request For Applications (RFA) 2016-105 Financing To Build Or Rehabilitate Smaller Permanent Supportive Housing Properties For Persons With Developmental Disabilities.; June 7, 2016; 10:00 a.m. (Eastern); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
- Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
- The Review Committee meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Florida Housing Finance Corporation’s Request For Applications (RFA) 2016-101 HOME Financing to be used for Rental Developments Located in Rural Areas.; April 20, 2016; 2:00 p.m. (Eastern); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
- Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
- The Review Committee meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Florida Housing Finance Corporation’s Request For Applications (RFA) 2016-103 Housing Credit and Gap Financing for Affordable Housing Developments for Persons with a Disabling Condition.; June 6, 2016; 3:30 p.m. (Eastern); Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
- Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
- Regional Planning Councils
- Central Florida Regional Planning Council
- Department of Economic Opportunity
- Division of Workforce Services
- Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; March 23, 2016, 9:00 a.m; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
- Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
- Department of Law Enforcement
- Department of Education
- Department of Health
- Board of Hearing Aid Specialists
- Department of Legal Affairs
- Department of Highway Safety and Motor Vehicles
- Departmental
- The Motorist Modernization Advisory Board is meeting to receive an update on Phase 1 of the Motorist Modernization Program. System functionality and requirements will also be presented to the group for consideration and input.
AGENDA
• Roll Call
• Welcome
• Review and Approval of Last Meeting Minutes
• Stakeholder Outreach Update
• Policy and Decisions Review
• MM Phase I Program Update
o Status Update and Financial Review
o IV&V Update
o Change Request Review
o Requirements Validation Update
• Communications Update
o Organizational Change Management
• Q&A
• Adjourn
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; March 31, 2016, 1 – 3 p.m., EST; Neil Kirkman Building, Conference Room A339, 2900 Apalachee Parkway, Tallahassee Florida 32399, GoToMeeting call-in information is also provided below.
- Neil Kirkman Building, Conference Room A339, 2900 Apalachee Parkway, Tallahassee Florida 32399, GoToMeeting call-in information is also provided below.
- Other Agencies and Organizations
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Financial Services
- Division of State Fire Marshal
- Department of Business and Professional Regulation
- Construction Industry Licensing Board
- Mark Hickinbotham, President of Sawcross Incorporated Contractors and Engineers; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 206, of the October 22, 2015 Florida Administrative Register. The petitioner sought a declaratory statement regarding how the following questions apply to 489.105 and 489.113(2), and (3), Florida Statutes:
1. Whether the work to furnish and install an emergency fixture (eyewashes and eyewash showers), floor drain or a floor drain p-trap requires a Florida plumbing contractor's license;
2. Whether the work to furnish and install potable water piping from fixtures to 5' outside the structure requires a Florida plumbing contractor's license;
3. Whether the work to install the drain, waste and vent piping from the plumbing fixture to 5' outside the structure as defined herein requires a plumbing contractor licensed in Florida; and
4. Whether a General Contractor must subcontract the aforementioned plumbing work to a properly licensed Florida plumbing contractor? The Board’s Order, filed on February 4, 2016, denied the Petition for Declaratory Statement in this matter because the questions posed are answered in statute and do not require a declaratory statement as to applicability.
- Mark Hickinbotham, President of Sawcross Incorporated Contractors and Engineers; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 206, of the October 22, 2015 Florida Administrative Register. The petitioner sought a declaratory statement regarding the following question: If an owner hires and contracts with a licensed Division I contractor, is the owner or the contractor ultimately responsible to ensure that all contractors and subcontractors are properly licensed, or is the permitting agency issuing the permits responsible?
The Board’s Order, filed on February 4, 2016, declines to issue a declaratory statement in this matter because the petition does not contain the statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought, the petition seeks to determine the conduct of another person and because the question posed by Petitioner did not regard the applicability of statutory provisions, rules, or orders over which the agency has authority.
- Mark Hickinbotham, President of Sawcross Incorporated Contractors and Engineers; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 206, of the October 22, 2015 Florida Administrative Register. The petitioner sought a declaratory statement as to whether:
1. The work to furnish and install above or below ground temporary sewage piping onsite as described in the petition must be performed by a Florida licensed contractor;
2. Whether the work to furnish and install temporary sewage piping onsite as described in the petition can be performed by a Florida licensed plumbing contractor, an underground utility and excavation contractor, or a general contractor;
3. Whether the temporary sewage piping work as described herein is considered part of the "Main Sanitary Sewer Collection System" as defined in 61G4-12.011(4); and
4. Whether sewer systems as described in the petition are exempt from licensing under 489.103(6), F.S.?
The Board’s Order, filed on February 4, 2016, denied the Petition for Declaratory Statement in this matter because the questions posed are answered in statute and do not require a declaratory statement as to applicability.
- Department of Financial Services
- Division of State Fire Marshal
- Department of Health
- Board of Optometry
- John Wachter; The Notice of the Petition was published in Volume 41, No. 67, of the April 6, 2015, issue of the Florida Administrative Register. The Board reviewed the Petition at its meeting held on July 15, 2015. The Petitioner sought a declaratory statement as to if Petitioner, an optometrist, was to accept payment for co-managing a patient undergoing enhanced intra-ocular lens treatment and procedure was applicable under Section 456.054, FS. Based upon the facts set forth in the Petition the Board hereby finds as follows: Provided that the optometrist co-managers the patient and the standard of practice found in Section 463.015, FS, are met, the “kickback” provision of Section 4563.054, FS, is not triggered because the licensee is not providing remuneration or payment “as incentive or inducement to refer patients for past or future services or items.” Further, the Board is not offering an opinion as to the applicability of any other State or Federal statute or rule
- Board of Pharmacy
7. Notices Regarding Bids, Proposals and Purchasing
- Other Agencies and Organizations
- Department of Education
- University of Central Florida
8. Miscellaneous
- Water Management Districts
- South Florida Water Management District