1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Children and Families
- Family Safety and Preservation Program
- Department of Health
- Department of Business and Professional Regulation
- Board of Employee Leasing Companies
2. Proposed Rules
- Department of Transportation
- Department of Revenue
- Departmental
- Section 10, Chapter 2014-40, L.O.F., amended Section 213.21(2)(a), F.S., to increase the maximum compromise authority of the Department of Revenue’s Executive Director from $250,000 to $500,000. Rule 12-13.004, F.A.C. (Delegation of Authority to Determine Settlements or Compromises), was amended effective January 19, 2015, to bring that rule into consistency with the statutory provision. The purpose of the proposed amendment to Rule 12-3.007, F.A.C. (Delegation of Authority), is to conform the rule to the statute and to Rule 12-13.004, F.A.C.
- Due of Comment: 5/27/2015
- Under Section 213.30, F.S., the Executive Director of the Department is authorized to compensate persons who provide information leading to the punishment of, or collection of taxes, surtaxes, surcharges, fees, penalties, or interest from, any person with respect to taxes enumerated in Section 213.05, F.S. The taxes listed in Section 213.05, F.S., include all taxes and fees under Chapter 212, F.S., as well as registration of secondhand dealers in Section 538.09, F.S., and registration of secondary metal recyclers in Section 538.25, F.S.
Section 1, Chapter 2014-196, L.O.F., provides that the prepaid wireless E911 fee created in Section 365.172, F.S., is to be administered as though it is a sales tax under Chapter 212, F.S., except as otherwise provided in that section. The section does not expressly exclude the prepaid wireless E911 fee from the compensation provisions of Section 213.30, F.S. Accordingly, individuals reporting violations of the prepaid wireless E911 fee should also be eligible for compensation under Section 213.30, F.S.
The purpose of the proposed amendments to Rules 12-18.001 (Authorization for Compensation) and 12-18.004, (Submission of Information and Claims for Compensation), F.A.C., are: (1) to update the Department’s list of taxes eligible for the compensation provisions to include the prepaid wireless E911 fee, registration of secondhand dealers, secondary metal recyclers, and secondhand precious metal dealers, in accordance with statute, and (2) to incorporate, by reference, an updated Form DR-55, Application for Compensation for Tax Information, that includes these categories.
The purpose of the proposed changes to Rule 12-18.008, F.A.C. (Compensation for Vending Machine Violations), are to update contact information for the Department.
- Due of Comment: 5/27/2015
- The purpose of the proposed amendments is to provide information for taxpayers on how they can electronically file statutorily-required reports with the Department. The proposed amendments also provide a contact email address to submit an electronic report, and clarify how an electronic postmark date will be applied to e-mailed reports.
- Due of Comment: 5/27/2015
- The purpose of the proposed amendments to Rule 12-22.005, F.A.C. (Disclosure Procedures), is to: (1) adopt an updated version of Form DR-841, Request for Copy of Tax Return, to provide additional information to taxpayers regarding types of records available for request; and (2) allow taxpayers and tax representatives to receive copies of tax returns at an e-mail address, facsimile number, or a mailing address designated by the taxpayer.
- Due of Comment: 5/27/2015
- The proposed amendments promulgate two forms used by taxpayers when remitting taxes using the ACH credit method of electronic remittance, and update rule provisions which currently contain similar information to that contained in the proposed forms.
- Due of Comment: 5/27/2015
- The purpose of the proposed amendments to Rules 12-29.001, (Scope), 12-29.002 (Florida Tax Credit Scholarship Program; Participation; Allocation; Carryforward; Transfer; Rescindment), and 12-29.003 (Florida Tax Credit Scholarship Program; Applications), F.A.C., is to: (1) clarify that credits earned under the Florida Tax Credit Scholarship Program (“the Program”) will be included when determining a taxpayer’s estimated tax payment amounts; (2) include the conveyance, transfer, or assignment of tax credit allocations under the Program authorized by paragraph 1002.395(5)(d), F.S., as amended by Section 17, Chapter 2014-184, L.O.F.; (3) provide procedures for the conveyance, transfer, or assignment of a tax credit allocation among members of an affiliated group of corporations under the Program; and (4) adopt, by reference, forms used by the Department in administering the Program.
- Due of Comment: 5/27/2015
- Sales and Use Tax
- Section 6, Chapter 2014-40, L.O.F., amended the provisions found in Section 212.18(3)(c), F.S., relating to an individual’s failure to register for sales and use tax. The purpose of the proposed amendments to Rule 12A-1.060, F.A.C. (Registration), is to remove the registration penalty provisions that are no longer needed due to the statutory change.
- Due of Comment: 5/27/2015
- The purpose of the proposed amendment to Rule 12A-12.004, F.A.C. (Reporting and Remitting Fees), is to clarify that the total amount of new tire fees and lead-acid battery fees, and not the total number of new tires and lead-acid batteries sold, is required to be reported on the Solid Waste and Surcharge Return.
- Due of Comment: 5/27/2015
- Section 212.0606, F.S., previously imposed a $2 per day surcharge on each lease or rental of a motor vehicle. Section 1, Chapter 2014-199, amended that statute to reduce the rate imposed on the use of a motor vehicle as part of a car-sharing service to $1 per usage. The purpose of the proposed amendments to Rule 12A-16.002, F.A.C. (Imposition and Payment of the Surcharge), is to provide guidance relating to the reduced $1 per usage surcharge imposed on motor vehicles used through car-sharing service memberships.
The purpose of the proposed amendments to Rule 12A-16.006, F.A.C. (Surcharge Returns and Filing Requirements), is to clarify when the rental car surcharge is due to the state and how the rental car surcharge is to be reported per county, based on the amendment made to Section 212.0606, F.S., by Section 1, Chapter 2014-199.
The purpose of the proposed amendments to Rule 12A-16.008, F.A.C. (Public Use Forms), is to incorporate by reference the amendments to the forms used to report any rental car surcharge due to the state.
- Due of Comment: 5/27/2015
- Miscellaneous Tax
- The purpose of the proposed amendments is to modify the requirements for a return to be considered timely filed. These amendments remove the requirement that a confirmation from the Department is required before a return is determined to be timely filed and provide that a return will be considered timely if it is received by the Department or its agent on or before the due date. Additional amendments are proposed to adopt, by reference, changes to a form used by the Department in the administration of taxes imposed on fuels and pollutants.
- Due of Comment: 5/27/2015
- Section 17, Chapter 2014-184, Laws of Florida, provides that, for purposes of determining if a penalty under Section 624.5092, F.S., should be imposed on the underpayment of an installment, an insurer may reduce the installment amount required to meet the prior year exception in that taxable year by the amount of the credit earned under Section 624.51055, F.S. (Credit for contributions to eligible nonprofit scholarship-funding organizations). The amount required to meet the prior year exception may only be reduced with respect to contributions made on or after July 1, 2014.
The purpose of the proposed amendments to Rule 12B-8.001, F.A.C. (Premium Tax; Rate and Computation), is to provide clarification regarding the computation of the installment payment amount required to meet the prior year exception when a taxpayer has made one or more qualifying contributions to eligible nonprofit scholarship-funding organizations.
- Due of Comment: 5/27/2015
- Corporate, Estate and Intangible Tax
- Department of Business and Professional Regulation
- Board of Employee Leasing Companies
3. Notices of Changes, Corrections and Withdrawals
- Department of Business and Professional Regulation
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Board of Chiropractic Medicine
- Board of Pharmacy
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Executive Office of the Governor
- Division of Emergency Management
- Department of Health
- Board of Chiropractic Medicine
- of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on February 3, 2015, by Raffaela Maria Amanda Villella. The Notice of Petition for Waiver or Variance was published in Volume 41, Number 24, of the February 5, 2015, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B2-13.004(1) and (2), Florida Administrative Code, entitled “Continuing Education,” and Rule 64B2-13.0049, Florida Administrative Code, entitled, “Inactive Status License,” which require that for the purpose of reactivating a license, an applicant must demonstrate to the Board that he or she participated in at least forty (40) classroom hours of continuing chiropractic education during the past two years, of which at least three hours shall be in the area of risk management. Two of these three risk management hours shall specifically relate to the laws and rules of the board and the regulatory agency under which the Board operates. Only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable. Six (6) hours of the forty (40) shall be in the area of record keeping/documentation and coding; and two (2) hours of the forty (40) must be in the area of ethics and boundaries.
The Board considered the instant Petition at a duly-noticed meeting, held April 10, 2015, in Lake Mary, Florida. The Board’s Order, filed on April 30, 2015, granted the petition finding that Petitioner had established that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B2-13.004, F.A.C. The Board further finds that Petitioner established that applying the requirements of the aforementioned rule to her circumstances would violate principles of fairness and impose substantial hardship.
- Board of Pharmacy
5. Notices of Meetings, Workshops and Public Hearings
- Regional Utility Authorities
- Tampa Bay Water - A Regional Water Supply Authority
- Water Management Districts
- South Florida Water Management District
- Governing Board to discuss and consider District business, including regulatory and non-regulatory matters.
A copy of the agenda may be obtained by contacting: Brenda Low, 561-682-6805, or at www.sfwmd.gov
; Thursday, May 14, 2015:
Governing Board Workshop, 9:00 AM,
Governing Board Regular Business Meeting, 9:30 AM or upon the conclusion of the Governing Board Workshop, whichever is later.
; SFWMD, B-1 Building, 3301 Gun Club Road, West Palm Beach, Florida 33406.
- SFWMD, B-1 Building, 3301 Gun Club Road, West Palm Beach, Florida 33406.
- State Board of Administration
- Departmental
- The discussion will include the May claims-paying capacity estimates. In addition, a Notice of Proposed Rule for Rule 19-8.010, F.A.C., Reimbursement Contract, and a Notice of Proposed Rule for Rule 19-8.028, F.A.C., Reimbursement Premium Formula, were published on April 15, 2015, providing the public with 21 days from that date to request a rule hearing. If a rule hearing is held, the Advisory Council will review comments made by the public at the rule hearing. Other general business of the Advisory Council may also be addressed.; May 14, 2015, 1:30 p.m. (ET) until conclusion of meeting.; Room 116 (Hermitage Conference Room), 1801 Hermitage Blvd., Tallahassee, Florida. Persons wishing to participate by phone may dial (888) 670-3525 and enter conference code 7135858151.
- Room 116 (Hermitage Conference Room), 1801 Hermitage Blvd., Tallahassee, Florida. Persons wishing to participate by phone may dial (888) 670-3525 and enter conference code 7135858151.
- Other Agencies and Organizations
- Florida College System Risk Management Consortium
- Department of Financial Services
- Division of State Fire Marshal
- Quarterly meeting of the Florida Fire Safety Board. Anyone wishing to attend may attend in person or by telephone conference call. Those attending by telephone conference call should dial (850) 413-1558,
(Cisco VoIP Internal callers may reach the conference call by dialing 11558.) Once you have dialed the initial number you will be prompted to enter the Conference ID which is 447050. The connection will be available 5 to 10 minutes before 10:00 AM
; Tuesday, May 19, 2015 at 10:00 AM; State Fire Marshal Conference Room, Third Floor, Atrium Building, 325 John Knox Road, Tallahassee, Florida 32303.
- State Fire Marshal Conference Room, Third Floor, Atrium Building, 325 John Knox Road, Tallahassee, Florida 32303.
- Department of Transportation
- Regional Planning Councils
- Treasure Coast Regional Planning Council
- Department of Economic Opportunity
- Departmental
- 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.; May 13, 2015, 8:45 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 Environmental Protection
- Departmental
- A Public Hearing of the Acquisition and Restoration Council, established pursuant to s.259.035, F.S., is scheduled to take public testimony on all Florida Forever land acquisition projects, new proposals, and ranking within categories.; Thursday, May 28, 2015, 6:00 p.m.; Osceola County Commission Chambers (4th Floor)
1 Courthouse Square
Kissimmee, FL 34744
- Osceola County Commission Chambers (4th Floor)
1 Courthouse Square
Kissimmee, FL 34744
- Department of Agriculture and Consumer Services
- Department of State
- Division of Historical Resources
- The Webinar is intended to assist grant applicants in understanding the Small Matching Grant Program and provide information on how to fill out the Small Matching Grant Application. Information on how to attend the online webinar may be obtained by visiting the Historic Preservation Grants website at http://flheritage.com/grants/.; Tuesday, May 12, 2015, 1:30 p.m. - 2:30 p.m.
; Webinar/Room 404, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399
- Webinar/Room 404, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399
- Department of Legal Affairs
- Florida Elections Commission
- Department of Health
- Board of Pharmacy
- To review those cases on which a determination of existence of probable cause has already been made.; Thursday, June 4, 2015, 9:00 a.m; Conference call number: 1(888) 670-3525, participation code: 5134896685
- Conference call number: 1(888) 670-3525, participation code: 5134896685
- To review those cases on which a determination of existence of probable cause has already been made.; Thursday, June 18, 2015, 9:00 a.m.; Conference call number: 1(888) 670-3525, participation code: 5134896685
- Conference call number: 1(888) 670-3525, participation code: 5134896685
- Florida Commission on Offender Review
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Other Agencies and Organizations
- School Board of Monroe County
- Department of Business and Professional Regulation
- Division of Florida Condominiums, Timeshares and Mobile Homes
- Agency for Health Care Administration
- Departmental
- Mr. Adrian D. Daisley, Director
Alternative Outcomes, Inc.; AGENCY FOR HEALTHCARE ADMINISTRATION
Medicaid Reimbursment
NOTICE IS HEREBY GIVEN that the Agency for Health Care Administration has received a Petition for Declaratory Statement from Adrian D. Daisley on April 28, 2015. The petition seeks the agency’s opinion regarding the following provision: AHCA’s Medicaid Provider Reimbursement Handbook, CMS-1500, Place of Service codes.
The Petition seeks a declaratory statement about whether, for the purposes of Medicaid reimbursement, a Developmental Disabilities Waiver provider can provide ABA therapy services to recipients under twenty-one (21) with autism at a private or public school, Early Head Start, or Daycare, if the recipient consistently displays behavioral problems at the school, Head Start or daycare location and, if so, whether Place of Service Code 99 would be the correct code to use.
Responses, motions to intervene, or requests for any agency hearing, must be filed within 21 days of this Notice. §§120.54(5)(b)6 & 120.47(2), Fla. Stat.
- Department of Health
- Department of Business and Professional Regulation
- Florida Building Commission
- Department of Health
- Board of Pharmacy
- Publix Super Markets, Inc.,; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 52, of the March 17, 2015, Florida Administrative Register. Petitioner sought the agency’s opinion as to the applicability of paragraph 64B16-28.608(5)(e), F.A.C., as it applies to Petitioner. Specifically, Petitioner seeks a declaration that Publix Central Fill Pharmacy’s Triple Scan System verification process satisfies the alternative method of verification authorized by said rule.
The Board of Pharmacy considered the Petition at a duly-noticed public meeting held on April 7, 2015, in Tampa, Florida. After discussion regarding the merits of the Petition, Petitioner moved to withdraw the Petition for Declaratory Statement. The Board’s Order, filed on April 28, 2015, granted the request to withdraw the Petition for Declaratory Statement and dismiss the cause.
- Brian A. Kahan, Esquire, on behalf of Lato Drug Company and Robert Fishman, RPH; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 44, of the March 5, 2015, Florida Administrative Register. The Petitioners sought a Declaratory Statement from the Board with regard to section 465.185(1), F.S. and Rule 64B16-27.700, Florida Administrative Code, that the petitioners’ contemplated business arrangement for compounding medications for veterinary use, as outlined in the petition, would not subject Petitioners to discipline under the cited statute and rule.
The Board of Pharmacy considered the Petition at a duly-noticed public meeting held on April 7, 2015, in Tampa, Florida. After discussion regarding the merits of the Petition, Petitioner moved to withdraw the Petition for Declaratory Statement. The Board’s Order, filed on April 28, 2015, granted the request to withdraw the Petition for Declaratory Statement and dismiss the cause.
7. Miscellaneous
- Department of State
- Division of Historical Resources
- Department of Financial Services
- FSC - Financial Institution Regulation
- Department of Highway Safety and Motor Vehicles
- Division of Motor Vehicles
- Department of Health