1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Environmental Protection
- Department of Corrections
2. Proposed Rules
- Department of Financial Services
- Securities
- The proposed rule amendment updates a definition to reflect statutory changes in the requirements of certain branch offices conducting securities transactions to notice file with the Office of Financial Regulation rather than apply for registration, as a result of Ch. 2013-202, Laws of Florida. The proposed amendment replaces a reference in subparagraph (9)(a)9. from "registered" to "notice-filed."
- The proposed rule amendment updates procedures in the processing of applications to reflect statutory changes as a result of Chapters 2013-201 and 2013-202, Laws of Florida. The proposed amendment: 1) strikes a fingerprint card form that is no longer required as a result of fingerprint processing changes in Ch. 2013-201, Laws of Florida, 2) updates procedures for certain branch offices conducting securities transactions to reflect that such offices shall notice file rather than register with the Office of Financial Regulation, as set forth in Ch. 2013-202, Laws of Florida, 3) adopts and incorporates by reference an updated Form ADV-W (11/2010); 4) updates the title of the rule to add "and Notice-Filing", and 5) updates abbreviations and acronyms and other minor formatting changes in the rule for consistency with other rules.
- The proposed rule amendments amend 11 rules regarding the registration of dealers, investment advisers, and associated persons, generally to reflect statutory changes as a result of Chapters 2013-201 and 2013-202, Laws of Florida.
- The proposed rule amendment updates the Office of Financial Regulation's (Office) disciplinary guidelines for Chapter 517, F.S., to specify sanctions for certain branch offices conducting securities transactions who fail to notice file with the Office as required under Section 517.1202, F.S., created under Chapter 2013-202, Laws of Florida. The sanctions for a first or subsequent occurrence provide for a fine up to $10,000, summary suspension of the branch office, and/or revocation. The rule is also amended to incorporate the disciplinary guidelines by reference in accordance with Section 120.54(1)(i), F.S. A copy of the proposed incorporated disciplinary guidelines can be accessed at http://www.flofr.com/StaticPages/documents/69W-1000.001.pdf.
- Division of Workers' Compensation
- The proposed rule amendment reduces regulatory burdens placed on insurers under existing provisions of the rule. In the case of medical bills for pharmaceuticals or pharmaceutical services provided by a pharmacy or pharmacist under Chapter 465, F.S., the insurer, service company/TPA or any entity acting on behalf of the insurer, would be relieved of the obligation of issuing an Explanation of Bill Review (“EOBR”) to that pharmacy or pharmacist if there is a preexisting contract between the two that governs and specifies the amount of reimbursement due on the medical bill.
- Chapter 440, F.S., as amended by Chapter 2013-141, Laws of Florida, eliminates the requirement that workers’ compensation health care providers be certified by the Department of Financial Services. Rule Chapter 69L-29, F.A.C., focuses exclusively on the process by which health care providers become certified to provide medical services to injured employees under Chapter 440, F.S. With the elimination of the certification requirement for health care providers under Florida’s workers’ compensation system, Rule Chapter 69L-29, F.A.C., is made obsolete and is repealed.
3. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Law Enforcement
- Criminal Justice Standards and Training Commission
- That it has issued an order. On July 11, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-27.00212(11), F.A.C., by Marilyn Doster Trollinger. Rule 11B-27.00212(11), F.A.C., requires officers to become re-employed within four years of the date of their last separation from employment. Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 136, on July 12, 2013. The Petition was supported by the Petitioner’s prospective employer, Broward County Sheriff’s Office.
On August 8, 2013, at its regularly scheduled business agenda meeting held in Ponte Vedra, FL, the Commission found that the Petitioner’s situation is not unique. The Petitioner did not demonstrate that the strict application of the Commission's rules in this case would violate the principles of fairness. The Petitioner’s four years to become employed will expire on August 26, 2013. The prospective employer has already determined that it is considering hiring Petitioner. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would not be addressed in an alternative method by granting this rule waiver. The Commission denied the Petitioner's waiver request.
- That on June 13, 2013, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of Rule 11B-18.005(5)(b) & (d), F.A.C., from State Regional Law Enforcement Training Council XIII. Rule 11B-18.005(5)(b) & (d), F.A.C., requires the Region XIII Training Council to have no more than two members from any one agency and a definite panoply of members from correctional institutions. The petition supports the requested waiver by stating that there are no other correctional institutions other than the county facility run by the Sheriff’s Office. The Sheriff’s Office also runs many town police departments on contract, runs the port, and various other law enforcement venues. In order to comply with the rule, Region XIII would have to go outside of the Region to find members, which defeats the purpose of the council.
Petitioner stated that the council will suffer a substantial hardship the waiver is not granted because the county correctional facility would not be properly represented. The council further stated that it would also violate principles of fairness to not grant the petition because the Council would have to reach out to agencies outside of the Council’s region for members to fill the seats which should be filled from within the Region.
Notice of receipt of the petition was published in the Florida Administrative Register Volume 39, Number 119, July 19, 2013.
On August 8, 2013, pursuant to notice, at a meeting held in Ponte Vedra Beach, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The composition of the State Regional Law Enforcement Training Council XIII must be amended to permit more than two members to be from the same agency. After careful consideration of the facts in this matter, the Commission issued an order granting the Petitioner's waiver.
- Department of Children and Families
- Agency for Persons with Disabilities
- On May 31, 2013, the Agency for Persons with Disabilities received a petition for Variance from Great Living, LLC seeking variance from subparagrah 65G-2.012(8)(c)2, F.A.C. for one specific bedroom located at 1330 Providence Blvd in Deltona, Florida. Subparagraph 65G-2.012(8)(c)2 states that "multi-occupancy rooms shall provide at least 60 square feet per resident of usable floor space." Great Living, LLC was seeking variance to allow two residents to stay in a bedroom with less than 120 square feet of living space without the removal of a section of the wall.
The Agency GRANTS the Petitioner's request for a permanent variance of Rule 65G-2.012(8)(c)2, with respect to the bedroom specifically identified by the Petitioner, located at 1330 Providence Blvd., Deltona, Florida 32725, which contains 112.4 square feet of usable floor space. As such, the Petitioner may house two or fewer residents in the bedroom. This variance shall only applly to the resident's bedroom referenced above and does not waive the floor space requirements for any other portion of the Petitioner's facility.
- Department of Health
- Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
- Patricia Duda, seeking a variance or waiver of Rule 64B4-3.0085(4), F.A.C., which requires that an intern is required to identify a qualified supervisor by requesting that the supervisor submit a letter to the Board with the applicant’s name, supervisor’s name, supervisor’s license number, and a statement that he or she has agreed to provide supervision while the applicant is a registered intern.
- Elizabeth Lamerial Jacobson, PhD, LMHC, seeking a variance or waiver of Rule 64B4-31.007(2)(a), F.A.C., which requires that qualified supervisors who provide supervision in Florida for interns and trainees must meet the equivalency standards of subsection (1) and have completed five (5) years of clinical experience, two (2) years of which can be earned during a post-masters clinical internship with the remaining three (3) years of experience earned post-licensure.
- Christine Rothberg, seeking a variance or waiver of Rule 64B4-3.0085(3)(a), F.A.C., which requires that prior to changing or adding another qualified supervisor, the registered intern must request that the new supervisor submit a letter to the Board with the registered intern’s name, the intern’s license number, the supervisor’s name, the supervisor’s license number, and a statement that he or she has agreed to provide supervision to the registered intern.
4. Notices of Meetings, Workshops and Public Hearings
- Other Agencies and Organizations
- Florida College System Risk Management Consortium
- Water Management Districts
- South Florida Water Management District
- Meeting of the Lake Belt Mitigation Committee (LBMC), created pursuant to Section 373.41492, Florida Statutes, to discuss a variety of Lake Belt issues.
All or part of these meetings may be conducted as a teleconference in order to permit maximum participation.
Teleconference information
Local SFWMD 561-682-6700
Nationwide Toll Free 866-433-6299
Meeting ID #: 1327; August 23, 2013, 10:00 a.m.
Lake Belt Mitigation Committee; District Headquarters
B-2, 1st Floor, EMD Training Room
3301 Gun Club Road, West Palm Beach, FL 33406.
- District Headquarters
B-2, 1st Floor, EMD Training Room
3301 Gun Club Road, West Palm Beach, FL 33406.
- Conduct regular Big Cypress Basin Board businees. Establish FY14 budget and final millage rate to levy ad valoreum taxes within the Big Cypress Basin.; August 22, 2013, 9:00 a.m.; 2660 Horseshoe Drive N, Naples, FL 34104
- 2660 Horseshoe Drive N, Naples, FL 34104
- Department of Agriculture and Consumer Services
- Division of Consumer Services
- Executive Office of the Governor
- Department of Health
- Board of Orthotists and Prosthetists
- General board business.; Friday, September 6, 2013, commencing at 1:00 p.m., at meet me number (888) 670-3525, participate passcode 9238150597.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399
- Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399
- Other Agencies and Organizations
- Florida Workers' Compensation Joint Underwriting Association, Inc
- Agenda topics may include approval of minutes; actuarial services provider selection; 2014 rate indication; NCCI affiliation; loss sensitive rating plan; Operations Manual; and review of rates, rating plans & policy forms and associated matters to include application forms.; September 10, 2013 beginning at 1:00 p.m. (Eastern Time); FWCJUA Office, located at 6003 Honore Avenue, Suite 204, Sarasota, FL 34238.
- FWCJUA Office, located at 6003 Honore Avenue, Suite 204, Sarasota, FL 34238.
- Department of Business and Professional Regulation
- Florida Building Commission
- The Florida Building Commission will review proposed modifications for the next edition of the Florida Building Code; review and decide on Accessibility Waiver Applications, review and decide on requests for Declaratory Statements; and take up and consider such other matters that appear on the Commission’s agenda. Specifically, the Commission will address:
Welcome and Opening, Roll Call
Review and Approval of Meeting Agenda
Rule Development Workshop, Rule 61G20-1.001, Florida Administrative Code
Recess until 8:30 a.m., August 23, 2013
Welcome and Opening, Roll Call
Review and Approval of Previous Meeting Minutes
Chairman’s Discussion Items:
a. Appointments
b. Resolutions for Departing Commissioners
Accessibility Waiver Applications:
a. 5th Street Marina, 341 NW South River Drive, Miami
b. Off the Wall Trampoline Fun Center, 4939 Coconut Creek Parkway Coconut Creek
c. Blocks Pizza Deli, 1997 Washington Avenue, Miami Beach
d. Playa De Oro, 751 Meridian Avenue, Miami Beach
e. 1233 Collins Hotel, 1233 Collins Avenue, Miami Beach
f. Amnesty Permit for Existing Two Story Offices, 7194 S. W. 47th Street, Miami
g. Kappa Delta Sorority House, 555 West Jefferson Street, Tallahassee
h. Johnny D’s Beach Bar and Grill, 1005 N. Oceanshore Boulevard, Flagler Beach
i. Freshaveli, 20 N. E. 41 Street #3, Miami
Applications for Product and Entity Approval
Applications for Accreditor and Course Approval
Petitions for Declaratory Statement
DS 2013-031 by Broward County Board of Rules and Appeals
DS 2013-046 by Sal Delfino of Peterson Aluminum Corp.
DS 2013-048 by James Stolz
DS 2013-053 by Jared Cejka of Pella Windows & Doors
Certification of Equivalence, 2013 Florida Building Code to 2012 International Energy Conservation Code and ASHRAE
Commission Funded Research
Rules:
a. Repeal of Rule 61G20-5, Thermal Efficiency Standards
b. Rule Development Workshop, Product Approval, Rules 61G20-3.001, 61G20-3.002 and 61G20-3.007
Florida Building Commission Logo
Committee Reports:
a. Accessibility Technical Advisory Committee
b. Code Administration Technical Advisory Committee
c. Education Program Oversight Committee
d. Electrical Technical Advisory Committee
e. Energy Technical Advisory Committee
f. Fire Technical Advisory Committee
g. Hurricane Research Advisory Committee
h. Mechanical Technical Advisory Committee
i. Plumbing Technical Advisory Committee
j. Product Approval Program Oversight Committee
k. Roofing Technical Advisory Committee
l. Special Occupancy Technical Advisory Committee
m. Structural Technical Advisory Committee
n. Swimming Pool Technical Advisory Committee
Public Comment
Commissioner Comment
Adjourn
; August 22, 2013, 3:00 p.m.; August 23, 2013, 8:30 a.m.; Hilton Ft Lauderdale Beach Resort, 505 N. Ft. Lauderdale Beach Blvd, Ft. Lauderdale Beach Florida.
- Hilton Ft Lauderdale Beach Resort, 505 N. Ft. Lauderdale Beach Blvd, Ft. Lauderdale Beach Florida.
- The Chairpersons of the Florida Building Commission’s Committees will meet to discuss commission funded research and recommendations from each respective committee.; August 22, 2013, 1:00 p.m.; Hilton Ft Lauderdale Beach Resort, 505 N. Ft. Lauderdale Beach Blvd, Ft. Lauderdale Beach Florida.
- Hilton Ft Lauderdale Beach Resort, 505 N. Ft. Lauderdale Beach Blvd, Ft. Lauderdale Beach Florida.
- Department of Elder Affairs
- Office of Public and Professional Guardians
- Department of State
- Division of Historical Resources
- Public review and ranking of the 2015 Small Matching (Acquisition & Development) Historic Preservation Grant applications.; Wednesday, September 4, 2013, 9:00 a.m. - Conclusion; Heritage Hall (Auditorium), R.A. Gray Building, Tallahassee
- Heritage Hall (Auditorium), R.A. Gray Building, Tallahassee
- Public review and ranking of the 2015 Small Matching (Protection & Education) Historic Preservation Grant application.; Thursday, September 5, 2013, 9:00 a. m. - Conclusion; Heritage Hall (Auditorium), R. A. Gray Building, Tallahassee
- Heritage Hall (Auditorium), R. A. Gray Building, Tallahassee
- Public review and ranking of the 2015 Small Matching (Protection & Education) Historic Preservation Grant application.; Friday, September 6, 2013, 9:00 a. m. – Conclusion; Heritage Hall (Auditorium), R. A. Gray Building, Tallahassee
- Heritage Hall (Auditorium), R. A. Gray Building, Tallahassee
- Public Service Commission
- Departmental
- To consider those matters ready for decision.
LEGAL AUTHORITY AND JURISDICTION: Chapters 120, 350, 364, 366, and 367, F.S.
Persons who may be affected by Commission action on certain items on the conference agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at the conference, pursuant to Rules 25 22.0021 and 25 22.0022, F.A.C.
The Florida Public Service Commission Conference’s Notice, Agenda, related documents, and contact information may be obtained from www.floridapsc.com. Persons needing ADA accommodation to participate should contact the FPSC at least five days prior to the conference via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD) Florida Relay Service.
*Changes to this notice will be published at the earliest practicable time on the Commission’s Web site.
; August 27, 2013, at 9:30 a.m.
; Betty Easley Conference Center, 4075 Esplanade Way, Room 148, Tallahassee, Florida
- Betty Easley Conference Center, 4075 Esplanade Way, Room 148, Tallahassee, Florida
- To discuss and make decisions on matters which affect the operation of the Commission.
Internal Affairs Agendas and Florida Public Service Commission’s contact information may be obtained from www.floridapsc.com. Persons needing ADA accommodation to participate should contact the FPSC at least five days prior to the conference via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD) Florida Relay Service.
*Changes to this notice will be published at the earliest practicable time on the Commission’s Web site.
; August 27, 2013, Immediately following the Commission Conference which commences at 9:30 a.m. in Joseph P. Cresse Hearing Room 148.
; Betty Easley Conference Center, 4075 Esplanade Way, Conference Room 140, Tallahassee, Florida
- Betty Easley Conference Center, 4075 Esplanade Way, Conference Room 140, Tallahassee, Florida
- Department of Children and Families
- Agency for Persons with Disabilities
- Economic Self-Sufficiency Program
- All meetings are concerning the Department of Children and Families (DCF) Invitation to Negotiate (ITN) #07F13GC1 - Public Assistance Benefit Overpayment Recovery. The ITN is posted on the Department of Management Services Vendor Bid System (VBS) at http://vbs.dms.state.fl.us/vbs/main_menu.; Meeting #1: Reply Opening and Review of Mandatory Requirements will be held 08/21/13 at 3:00pm.
Meeting #2: Debriefing of the Evaluators and Ranking of the Replies will be held 09/03/13, 10:00am to 12:00pm.
Meeting #3: Meeting of Negotiation Team to Develop Recommendation for Award will be held 09/30/13, 10:00am to 12:00pm.; Location for meetings #1 (Reply Opening) and #2 (Debriefing of Evaluators) will be: Department of Children and Families, 1317 Winewood Blvd, Building 1, Room 132, Tallahassee, Fl. 32399-0700
Location for meeting #3 (Recommendation for Award) is TBD.
- Location for meetings #1 (Reply Opening) and #2 (Debriefing of Evaluators) will be: Department of Children and Families, 1317 Winewood Blvd, Building 1, Room 132, Tallahassee, Fl. 32399-0700
Location for meeting #3 (Recommendation for Award) is TBD.
- Department of Agriculture and Consumer Services
- Division of Administration
- This is a meeting of the Executive Committee to discuss general business.; Friday, August 23, 2013, 11:00 a.m.; Flagler County Offices, 1769 East Moody Blvd., Bldg. 2, Bunnell, FL 32110
- Flagler County Offices, 1769 East Moody Blvd., Bldg. 2, Bunnell, FL 32110
- This is a meeting to discuss strategic planning for upcoming year.; Friday, August 23, 2013, 12:00 p.m.; Flagler County Offices, 1769 East Moody Blvd., Bldg. 2, Bunnell, FL 32110
- Flagler County Offices, 1769 East Moody Blvd., Bldg. 2, Bunnell, FL 32110
5. Notices of Petitions and Dispositions Regarding Declaratory Stat
6. Notices Regarding Bids, Proposals and Purchasing
- Other Agencies and Organizations
- Hillsborough County Aviation Authority
- Florida Developmental Disabilities Council
7. Miscellaneous
- Department of Juvenile Justice
- Department of Environmental Protection