1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Health
- Department of Management Services
2. Proposed Rules
- Department of Health
- Board of Orthotists and Prosthetists
3. Notices of Changes, Corrections and Withdrawals
- Water Management Districts
- Suwannee River Water Management District
- Department of Health
- Board of Psychology
- Board of Chiropractic Medicine
4. Emergency Rules
- Department of Revenue
- Property Tax Oversight Program
5. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Health
- Board of Optometry
- that the petition filed by Christopher Frey, O.D., on September 27, 2012, seeking a variance or waiver from Rule 64B13-3.010(3), Florida Administrative Code, Standards of Practice, has been withdrawn. The Notice of Petition was published in Vol. 38, No. 41, of the October 2, 2012, issue of the Florida Administrative Register.
- that the petition filed by Steven C. Tillman, O.D., Tillman EyeCare, Group, on May 20, 2013, seeking a variance or waiver from Rule 64B13-5.001, Florida Administrative Code, Hours Requirement, has been verbally withdrawn at the Board’s meeting on July 17, 2013. The Notice of Petition was published in Vol. 39, No. 102, of the May 24, 2013, issue of the Florida Administrative Register.
- waiver or variance filed by Helen Viksnins, American Academy of Optometry, from Rule 64B13-5.002(3)(c), F.A.C., with regard to approval of transcript quality continuing education programs. Specifically, the Petitioner, requests a one-time variance/waiver of the requirement of Rule 64B13-5.002(3)(c), F.A.C., that a transcript-quality continuing education program be approved by the Board of Optometry as transcript-quality coursework prior to the time the course was taken.
Comments on this petition should be filed with the Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, within 14 days of publication of this notice.
- Florida Housing Finance Corporation
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Tampa Bay Watch. Petitioner seeks a variance of the requirements of ASME A17.1a, Section 8.6.5.5.2, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators oil leakage collection operations which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-250).
- University of Florida. Petitioner seeks an emergency variance of the requirements of ASME A17.1g, Section 101.2b and ASME 17.3, Section 2.2.1, as adopted by 61C-5.001(1), Florida Administrative Code that requires equipment prohibited in machine rooms, enclosures and application of code. Any interested person may file comments within 5 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-251).
- On July 17, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, and Paragraph 4-301.11, 2009 FDA Food Code from Subway at Bayonet Point Hospital located in Hudson. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided and that each establishment have an adequate number of facilities to maintain all time/temperature control for safety foods at proper temperatures. They are requesting to utilize the mopsink, dishwashing and food storage and prep facilities located within another licensed establishment under a different ownership on the same premises.
The Petition for this variance was published in Vol. 39/143 on July 24, 2013. The Order for this Petition was signed and approved on July 30, 2013. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring ensuring that the mop sink and dishwashing areas within Bayonet Point Hospital Kitchen (AHCA license number 4312) are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and are available during all hours of operation. The Petitioner shall also ensure the food storage facilities in Bayonet Point Hospital Kitchen are maintained in a clean and sanitary manner and are capable of keeping time/temperature control for safety foods at the proper temperatures. If the ownership of Bayonet Point Hospital (HCA Health Services Florida Inc.) changes, an updated written agreement must be provided to the division immediately.
- On July 30, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Streamsong Resort (2), filed July 12, 2013, and advertised on July 18, 2013 in Vol. 39, No. 139, 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 variance from Rule 2.20.4, 2.18.5.1 and 8.11.2.1.3(cc)(1) & (3) ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm because the Petitioner has demonstrated that the intent of the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2013-225).
- : On July 30, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Friendship Missionary Baptist Church, filed July 12, 2013, and advertised on July 18, 2013 in Vol. 39, No. 139, 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 variance from Rule 2.20.4, 2.18.5.1 and 8.11.2.1.3(cc)(1) & (3) ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm because the Petitioner has demonstrated that the intent of the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2013-223).
- On July 18, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from The Sweet Peddler located in Panama City Beach. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the three-compartment sink located within an adjacent business under a different ownership.
The Petition for this variance was published in Vol. 39/143 on July 24, 2013. The Order for this Petition was signed and approved on July 30, 2013. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that the dishwashing area within 30A Bagels (NOST7602106) is maintained in a clean and sanitary manner, provided with hot and cold running water under pressure and is available during all hours of operation. If the ownership of 30A Bagels (30A Bagels LLC) changes, an updated written agreement must be provided to the division immediately.
6. Notices of Meetings, Workshops and Public Hearings
- Department of Business and Professional Regulation
- Construction Industry Licensing Board
- To review complaints in which a determination of the existence of probable cause has already been made.; August 27, 2013, 9:00 a.m. and 10:00 a.m.; Department of Business and Professional Regulation, Office of the General Counsel, 1940 N. Monroe Street, Suite 42, Tallahassee, Florida 32399-2202
- Department of Business and Professional Regulation, Office of the General Counsel, 1940 N. Monroe Street, Suite 42, Tallahassee, Florida 32399-2202
- Department of Health
- Office of Statewide Research
- To conduct review of new research studies involving human participants, modifications to existing studies, and continuing review of ongoing research to make sure research studies comply with regulations and the Department's ethical standards.; August 21, 2013, 1:30 P.M. - 4:30 P.M.; Capital Circle Office Complex, Bldg. 2585, Conference Room 310A, Tallahassee, Florida 32399
- Capital Circle Office Complex, Bldg. 2585, Conference Room 310A, Tallahassee, Florida 32399
- Department of Education
- Florida School for the Deaf and the Blind
- Matters pertaining to the Florida School for the Deaf and the Blind.; August 23, 2013, 9:00 a.m.; Center for Learning Development, Moore Hall, FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL 32084
- Center for Learning Development, Moore Hall, FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL 32084
- Matters pertaining to the Florida School for the Deaf and the Blind.; August 23, 2013, 1:00 p.m.; Center for Learning Development, Moore Hall, FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL 32084
- Center for Learning Development, Moore Hall, FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL 32084
- Department of Agriculture and Consumer Services
- Division of Administration
- Department of Environmental Protection
- Departmental
- DEP Coral Reef Conservation Program is holding its bi-annual Southeast Florida Coral Reef Initiative (SEFCRI) Technical Advisory Committee meeting to update committee members and facilitate discussion with team members regarding the following:
- The development of new Local Action Strategy (LAS) projects in Florida;
- The new structure of the Technical Advisory Committee;
- Overview of selected SEFCRI projects;
- Our Florida Reefs: Your Voice, Our Future, a community planning process for southeast Florida’s coral.
; Thursday, September 26, 2013, 8:30 a.m. – 5:00 p.m.; Friday, September 27, 2013, 8:30 a.m. – 1:00 p.m.; 3rd Floor Auditorium, Center of Excellence for Coral Reef Ecosystem Research, Nova Southeastern University Oceanographic Center, 8000 North Ocean Drive, Dania Beach, FL 33004
- 3rd Floor Auditorium, Center of Excellence for Coral Reef Ecosystem Research, Nova Southeastern University Oceanographic Center, 8000 North Ocean Drive, Dania Beach, FL 33004
- DEP Coral Reef Conservation Program is holding a Southeast Florida Coral Reef Initiative (SEFCRI) team meeting to update and facilitate discussion with team members regarding the following:
- SEFCRI Team update;
- Overview of selected SEFCRI projects;
- Our Florida Reefs: Your Voice, Our Future, a community planning process for southeast Florida’s coral reefs;
- The development of new Local Action Strategy (LAS) projects in Florida.
; Wednesday & Thursday, September 25 & 26, 2013, 9:00 a.m. – 5:00 p.m.; 3rd Floor Auditorium, Center of Excellence for Coral Reef Ecosystem Research, Nova Southeastern University Oceanographic Center, 8000 North Ocean Drive, Dania Beach, FL 33004
- 3rd Floor Auditorium, Center of Excellence for Coral Reef Ecosystem Research, Nova Southeastern University Oceanographic Center, 8000 North Ocean Drive, Dania Beach, FL 33004
- Other Agencies and Organizations
- ATKINS - Bartow
- FDOT is presenting proposed design changes for SR 542 from 1st Street to east of Buckeye Loop Road. FDOT sent notices of the public hearing to property owners located within 300 feet of either side of SR542 within the project limits. Draft project reports and design plans are available for public review through August 26, 2013, at the Winter Haven Public Library, 325 Avenue A NW, Winter Haven, FL. Library hours are 9 a.m. to 6 p.m. Monday and Wednesday, 10 a.m. to 7 p.m. Tuesday and Thursday, and 9 a.m. to 5 p.m. Friday and Saturday.; Thursday, August 15, 2013, 6 p.m. – open house, 7 p.m. – formal presentation; Winter Haven Baptist Church activity center, 1500 Dundee Road, Winter Haven, FL.
- Winter Haven Baptist Church activity center, 1500 Dundee Road, Winter Haven, FL.
- Regional Planning Councils
- West Florida Regional Planning Council
- General business of the West Florida Regional Planning Council.; Monday, August 19, 2013, 3:30 p.m., the Executive Committee meeting, 3:00 p.m.; Crestview City Hall, 198 Wilson St., N., Crestview, Fl. 32536
- Crestview City Hall, 198 Wilson St., N., Crestview, Fl. 32536
- Water Management Districts
- Suwannee River Water Management District
- Department of Elder Affairs
- Long-Term Care Ombudsman Program
- South Central District Long-Term Care Ombudsman Program Council business.; July 11, Aug. 8, Sept. 12, Oct. 10, Nov. 14, Dec. 5, 2013 from 2:00 to 3:00 p.m. (Dec. date changed); United Way of Central Florida, 5605 US Hwy 98 South, Lakeland, FL 33812
- United Way of Central Florida, 5605 US Hwy 98 South, Lakeland, FL 33812
- Department of Health
- Public Service Commission
- Department of Health
- Board of Hearing Aid Specialists
- Agency for Health Care Administration
- Medicaid
- PURPOSE:
The purpose of the three LIP Council meetings is to discuss the LIP program including legislative updates, future federal funding and program design, funding methodology, policies and procedures in accordance with the Managed Medical Assistance Waiver (previously known as Medicaid Reform Waiver) as approved by the Centers for Medicare and Medicaid Services (Federal CMS) on June 14, 2013.
FUTURE OF LIP PROGRAM
The three LIP Council meetings are being held to discuss the future of the LIP program for the period July 1, 2014 through June 30, 2017. The state’s 3-year waiver extension request including any proposed changes to the LIP program will be submitted to the Centers for Medicare and Medicaid Services in the fall of 2013.
DESCRIPTION OF DEMONSTRATION WAIVER
Florida’s 1115 Research and Demonstration Waiver was initially approved by Federal CMS October 19, 2005. The Agency for Health Care Administration (Agency) implemented the demonstration July 1, 2006, in Broward and Duval Counties, and expanded to Baker, Clay, and Nassau Counties July 1, 2007. On December 15, 2011, Federal CMS approved to extend the demonstration through June 30, 2014.
On June 14, 2013, Federal CMS approved an amendment to the demonstration that allows for implementation of an improved model of managed care to all counties in Florida and the continuation of the LIP program. The amendment also changed the name of the demonstration to the Florida Managed Medical Assistance (MMA) program. The MMA program will be guided by principles designed to improve coordination and patient care while fostering fiscal responsibility. The three fundamental elements of the program are:
• Risk-Adjusted Premiums will be developed for Medicaid enrollees in managed care plans. The risk-adjusted premium will minimize “adverse selection,” and, provide an incentive for plans to take all necessary steps to identify Medicaid enrollees who have undiagnosed chronic conditions.
• Healthy Behaviors will be provided through the managed care plans to encourage and reward healthy behaviors.
• Low-Income Pool (LIP) will be maintained to provide direct payment and distributions to safety net providers in the state for the purpose of providing coverage to Medicaid, the uninsured and underinsured populations. Funds will be distributed to safety net providers that meet certain state and federal requirements.
; August 8, 2013, 1:00 p.m. to 5:00 p.m.
August 21, 2013, 10:00 a.m. to 4:00 p.m.
August 28, 2013, 10:00 a.m. to 4:00 p.m.
; August 8, 2013, 1:00 p.m. to 5:00 p.m.
Agency for Health Care Administration
2727 Mahan Drive
Building 3, Conference Room A
Tallahassee, FL 32308
To participate by phone, please call 1-877-415-3185, User ID#102 994 78
August 21, 2013, 10:00 a.m. to 4:00 p.m.
Agency for Health Care Administration
2727 Mahan Drive
Building 3, Conference Room A
Tallahassee, FL 32308
To participate by phone, please call 1-866-318-8612, User ID# 537 336 50
August 28, 2013, 10:00 a.m. to 4:00 p.m.
Agency for Health Care Administration
2727 Mahan Drive
Building 3, Conference Room A
Tallahassee, FL 32308
To participate by phone, please call 1-877-415-3182, User ID# 596 425 07
- August 8, 2013, 1:00 p.m. to 5:00 p.m.
Agency for Health Care Administration
2727 Mahan Drive
Building 3, Conference Room A
Tallahassee, FL 32308
To participate by phone, please call 1-877-415-3185, User ID#102 994 78
August 21, 2013, 10:00 a.m. to 4:00 p.m.
Agency for Health Care Administration
2727 Mahan Drive
Building 3, Conference Room A
Tallahassee, FL 32308
To participate by phone, please call 1-866-318-8612, User ID# 537 336 50
August 28, 2013, 10:00 a.m. to 4:00 p.m.
Agency for Health Care Administration
2727 Mahan Drive
Building 3, Conference Room A
Tallahassee, FL 32308
To participate by phone, please call 1-877-415-3182, User ID# 596 425 07
- Department of Business and Professional Regulation
- Florida Building Commission
- Discuss “accreditor” and “course” applications for recommendation to the Florida Building Commission; discuss potential research topics for recommendation to the Florida Building Commission, discuss proposed changes to Rule 61G20-6.002, F.A.C., and general subject matters.; August 15, 2013; 10:00 a.m. EDT; MEETINGS TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY: You must access WEBINAR for VIDEO ONLY and TELECONFERENCE number for AUDIO ONLY.
Topic: Education POC
Date: Thursday, August 15, 2013
Time: 10:00 am, Eastern Daylight Time (New York, GMT-04:00)
Meeting Number: 645 636 999
Meeting Password: (This meeting does not require a password.)
WEBINAR ACCESS:
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To join the online meeting (Now from mobile devices!)
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1. Go to https://suncom.webex.com/suncom/j.php?ED=230005397&UID=1598553277&RT=MiMxMQ%3D%3D
2. If requested, enter your name and email address.
3. If a password is required, enter the meeting password: (This meeting does not require a password.)
4. Click "Join".
TELECONFERENCE ACCESS:
Call-in toll-free number: 1-888-670-3525 (US)
Attendee access code: 606-232-6940
Public point of access: 1940 North Monroe Street, Room 90, Tallahassee, Florida.
- MEETINGS TO BE CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY: You must access WEBINAR for VIDEO ONLY and TELECONFERENCE number for AUDIO ONLY.
Topic: Education POC
Date: Thursday, August 15, 2013
Time: 10:00 am, Eastern Daylight Time (New York, GMT-04:00)
Meeting Number: 645 636 999
Meeting Password: (This meeting does not require a password.)
WEBINAR ACCESS:
-------------------------------------------------------
To join the online meeting (Now from mobile devices!)
-------------------------------------------------------
1. Go to https://suncom.webex.com/suncom/j.php?ED=230005397&UID=1598553277&RT=MiMxMQ%3D%3D
2. If requested, enter your name and email address.
3. If a password is required, enter the meeting password: (This meeting does not require a password.)
4. Click "Join".
TELECONFERENCE ACCESS:
Call-in toll-free number: 1-888-670-3525 (US)
Attendee access code: 606-232-6940
Public point of access: 1940 North Monroe Street, Room 90, Tallahassee, Florida.
- Department of Health
- Board of Hearing Aid Specialists
- Department of Children and Families
- Agency for Persons with Disabilities
7. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Financial Services
- OIR – Insurance Regulation
- Department of Business and Professional Regulation
- Board of Veterinary Medicine
- Nestor Urrutia, on June 26, 2013.; The Petitioner seeks a declaratory statement from the Board with regard to Section 474.203, Florida Statutes, as it relates to exemptions from possessing a veterinary license to practice. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
- Barbara L. Reitz, on July 22, 2013.; The Petitioner seeks a declaratory statement from the Board with regard to Section 474.203, Florida Statutes, as it relates to exemptions from possessing a veterinary license to practice. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
- Construction Industry Licensing Board
- Lorie Newton, on July 23, 2013.; The Petitioner seeks a declaratory statement from the Board that her state certified specialty contractor license allows her to install steel doors and frames. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
- Landmarc Environmental Systems LLC, on July 26, 2013; The Petitioner seeks a declaratory statement from the Board with regard to Section 489.105, Florida Statutes, asking which license would be required for the construction of gas extraction wells. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
- Phoebe Menzer, on July 18, 2013.; . The Petitioner seeks a declaratory statement from the Board with regard to Section 489.113, Florida Statutes, as it relates to subcontracting the application of the interior finish plaster to pools. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
8. Miscellaneous
- Department of Environmental Protection
- Department of Health
- Division of Emergency Preparedness and Community Support
- Department of Agriculture and Consumer Services
- Division of Marketing and Development
- Department of Highway Safety and Motor Vehicles
- Division of Motor Vehicles
- Agency for Health Care Administration