1. Notices of Development of Proposed Rules and Negotiated Rulemaking
2. Proposed Rules
- Department of Environmental Protection
- Fish and Wildlife Conservation Commission
- Marine Fisheries
- The purpose of the proposed rule and rule amendment is to create a permit that meets federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.
Recent changes to federal rules require king and Spanish mackerel tournaments to obtain a state-issued tournament permit to continue a common practice of donating tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf. These federal rule changes are intended to address concerns that tournament-caught fish sold by wholesale dealers are “double counted” toward both recreational and commercial quotas, even though they are recreationally-caught.
The effect of the proposed rule and rule amendment is that tournaments would be able to comply with federal requirements while continuing the common practice of donating their fish to wholesale dealers for a charitable donation on behalf of the tournament. This practice has the added benefit of minimizing waste of mackerel, which are not always kept by tournament anglers for consumption.
- Due of Comment: 8/25/2015
- The purpose of this proposed rule amendment is to create a reference in existing state Spanish mackerel rule to proposed rules in 68B-2, FAC establishing a mackerel tournament permit. This permit would meet federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.
The effect of the rule amendment is that mackerel tournament permit regulations would be referenced in relevant state mackerel regulations, and thus would be easier for the public to find.
- Due of Comment: 8/25/2015
- Since 2013, the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council have made several modifications to the management of the commercial king mackerel fishery in federal waters adjacent to Florida that resulted in different regulations for adjacent state and federal waters. The proposed state rule changes are consistent with recent changes in adjacent federal waters. Specifically, these changes would make commercial king mackerel vessel limits in the Gulf-Atlantic fishery equal to commercial vessel limits in adjacent federal waters and establish a transit provision that would allow transport of legal commercial king mackerel harvest through closed areas for landing. The proposed rule amendment would also clarify existing rule language that closes state waters of the Gulf-Atlantic fishery to commercial king mackerel harvest when adjacent federal waters are closed.
The proposed rule amendment would also eliminate unnecessary language specifying commercial fishing seasons for king mackerel in the Gulf-Atlantic fishery. This rule was originally intended to give the Commission the ability to close state waters to commercial harvest of these species when adjacent federal waters were closed due to federal quotas being met or exceeded. However, state rules that specify commercial fishing seasons for king mackerel are no longer necessary to enforce commercial closures and can be removed. Florida’s king mackerel regulations for the Gulf-Atlantic fishery (68B-12) now requires commercial fishermen harvesting king mackerel to abide by federal season closures in adjacent state waters, so listing these commercial fishing seasons in state rules is no longer necessary.
Finally, the proposed rule amendment would create a reference in existing state king mackerel rule to proposed rules in 68B-2, FAC establishing a mackerel tournament permit. This permit would meet federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.
The effect of these rule changes is that commercial king mackerel trip limits, transit allowances, and closures are consistent in adjacent state and federal waters off Florida for the Gulf-Atlantic fishery. Removal of unnecessary and confusing language will make commercial regulations easier to understand. These changes will improve enforceability of state rules and provide flexibility for fishermen operating in multiple regions and reduces the likelihood of early season closures in some regions. Also, mackerel tournament permit regulations would be referenced in relevant state mackerel regulations, and thus would be easier for the public to find.
- Due of Comment: 8/25/2015
- Since 2013, the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council have made several modifications to the management of the commercial king mackerel fishery in federal waters adjacent to Florida that resulted in different regulations for adjacent state and federal waters. The proposed state rule changes are consistent with recent changes in adjacent federal waters. Specifically, these changes would clarify existing rule language that closes state waters of the Atlantic fishery to commercial king mackerel harvest when adjacent federal waters are closed.
The proposed rule amendment would also eliminate unnecessary language specifying commercial fishing seasons for king mackerel in the Atlantic fishery. This rule was originally intended to give the Commission the ability to close state waters to commercial harvest of these species when adjacent federal waters were closed due to federal quotas being met or exceeded. However, state rules that specify commercial fishing seasons for king mackerel are no longer necessary to enforce commercial closures and can be removed. Florida’s king mackerel regulations for the Atlantic fishery (68B-30, FAC) now require commercial fishermen harvesting king mackerel to abide by federal season closures in adjacent state waters, so listing these commercial fishing seasons in state rules is no longer necessary.
Finally, the proposed rule amendment would create a reference in existing state king mackerel rule to proposed rules in 68B-2, FAC establishing a mackerel tournament permit. This permit would meet federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.
The effect of these rule changes is that commercial king mackerel transit allowances and closures are consistent in adjacent state and federal waters off Florida’s east coast. Removal of unnecessary and confusing language will make commercial regulations easier to understand. These changes will improve enforceability of state rules and provide flexibility for fishermen operating in multiple regions and reduces the likelihood of early season closures in some regions. Also, mackerel tournament permit regulations would be referenced in relevant state mackerel regulations, and thus would be easier for the public to find.
- Due of Comment: 8/25/2015
3. Notices of Changes, Corrections and Withdrawals
- Department of Transportation
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Health
- Division of Environmental Health
- On July 24, 2015, the Department of Health issued an order in response to a petition for a variance filed on March 25, 2015, by Bob Dapper, representing Royal Spa Corp., Indianapolis, IN. Petitioner sought a variance from various provisions of Rules 64E-9.004, .006, .007, .and 008, Florida Administrative Code, which require public swimming pools to: maintain a disinfectant residual, operate a recirculation system when in use, have minimum lighting for indoors, have a water line tile marker, be equipped with access by ladder or stairs, have a clear wet deck width and slope, have a 3 ft. x 6 ft. opening on the equipment enclosure, have minimal equipment area lighting, have a urinal in unisex restroom, have treatment equipment that meets national standard ANSI-NSF50, have a tile line of 6" width, have filters that meet ANSI-NSF50 , have a collector tank and gravity drainage, have automatic water makeup, have bypass and valving on heater, have automatic feeders for treatment chemicals, have ANSI-NSF50 certification and an air flow meter on the ozone system, USEPA method validation of UV system, and a pool rules sign. Notice of the petition was published in the April 12, 2015, edition of the Florida Administrative Register.
The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner's particular circumstance. Therefore, pursuant to the requirements of section 120.542(2), Florida Statutes, the Department GRANTED WITH CONDITIONS Petitioner's request for a variance.
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Construction Industry Licensing Board
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on May 1, 2015, by Jonathan Jasiewicz. The Notice of Petition for Waiver or Variance was published in Vol. 41, No. 94, of the May 14, 2015, Florida Administrative Register. Petitioner sought a waiver or variance of Rule 62G4-16.005, Florida Administrative Code, which requires, for the purpose of certification, a passing grade shall be valid only for a period of four (4) years from the date the list of successful candidates is approved by the Board. The Board considered the instant Petition at a duly-noticed public meeting held on June 12, 2015, in Celebration, Florida.
The Board’s Order, filed on July 22, 2015, hereby denies the request for a waiver because Petitioner did not demonstrate that the purpose of the underlying statute will be or has been achieved by other means or how application of the rule creates a substantial hardship or violates principles of fairness.
5. Notices of Meetings, Workshops and Public Hearings
- Department of Education
- Division of Florida Colleges
- Department of Financial Services
- Division of Funeral, Cemetery, and Consumer Services
- To conduct a public meeting to reconsider the following disciplinary cases with prior findings of probable cause: Carey, Royal, Ram’n Mortuary (164269-14-FC), Jeannette Royal (164613-14-FC), James West (166110-14-FC and 165112-14-FC), and Sonya Rumph (167363-15-FC).; Tuesday, August 18, 2015, 10:00 a.m.; 111 West Madison Street, Claude Denson Pepper Building, Room 336J, Tallahassee, Florida 32399
- 111 West Madison Street, Claude Denson Pepper Building, Room 336J, Tallahassee, Florida 32399
- Other Agencies and Organizations
- Hardee County Economic Development Authority
- Executive Office of the Governor
- Department of Highway Safety and Motor Vehicles
- Departmental
- The FloridaNet Technical Committee is meeting to create a mechanism for Florida first responders to work with the Federal agency, FirstNet, in the design of the public safety broadband network.
Agenda (tentative):
1. Roll call
2. Update on FirstNet
3. Contract Vehicle Survey
4. Data Collection
5. Project Plan
6. Around the table
7. Adjourn
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/611508797
You can also dial in using your phone.
United States : +1 (224) 501-3318
United States (Toll-free): 1 866 899-4679
Access Code: 611-508-797; August 28, 2015, 10:00 a.m. – 11:30 a.m., ET; ONLINE: GoToMeeting (Call-in information below)
- ONLINE: GoToMeeting (Call-in information below)
- The FloridaNet Executive Committee is meeting to create a mechanism for Florida first responders to work with the Federal agency, FirstNet, in the design of the public safety broadband network.
Agenda:
1. Roll call
2. Update on FirstNet
3. Contract Vehicle Survey
4. Data Collection
5. Project Plan
6. Around the table
7. Adjourn
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/440239789
You can also dial in using your phone.
United States : +1 (646) 749-3129
United States (Toll-free): 1 877 309 2073
Access Code: 440-239-789
; August 28, 2015, 1:00 p.m. – 3:00 p.m., ET; ONLINE: GoToMeeting (Call-in information below)
- ONLINE: GoToMeeting (Call-in information below)
- Water Management Districts
- South Florida Water Management District
- Governing Board to discuss and consider District business, including regulatory and non-regulatory matters.; Wednesday, August 12, 2015, 2:00 PM
Project and Lands Committee Meeting; District Headquarters, B-1 Building, 3301 Gun Club Road, West Palm Beach, Florida 33406
- District Headquarters, B-1 Building, 3301 Gun Club Road, West Palm Beach, Florida 33406
- Department of Agriculture and Consumer Services
- Division of Consumer Services
- Board of Professional Surveyors and Mappers Committee Meetings and General Business Meeting.; August 10, 2015, 1:00 p.m., Board Member Process Training, followed by meeting of Probable Cause Panel. The Probable Cause Panel meeting is closed to the public except for portions, if any, which deal with disciplinary cases that have already become public.
August 11, 2015, 8:00 a.m., Committee Meetings and General Business Session if time allows;
August 12, 2015, 8:00 a.m., General Business Session.
; Hilton Cocoa Beach Oceanfront, Seashore Ballroom, 1550 North Atlantic Avenue, Cocoa Beach, FL 32931.
- Hilton Cocoa Beach Oceanfront, Seashore Ballroom, 1550 North Atlantic Avenue, Cocoa Beach, FL 32931.
- Department of Transportation
- Departmental
- Florida Transportation Plan, Strategic Intermodal System Plan and the Freight Mobility and Trade Plan updates. Public outreach.; Tuesday, August 11, 2015, 1:00 pm; Gulf Coast State College, Student Union East Conference Room, 5230 West U.S. 98, Panama City, Florida 32401
- Gulf Coast State College, Student Union East Conference Room, 5230 West U.S. 98, Panama City, Florida 32401
- Department of Education
- State Board of Education
- The workshop was originally noticed on 7/29/2015 Vol. 41/146 but since then the start time has been changed to 9:00 a.m. from 10:00 a.m.
The State Board of Education will participate in a workshop to discuss potential policy and legislative issues for 2016.; August 5, 2015, 9:00 a.m.; Hyatt Regency Orlando Airport, 9300 Jeff Fuqua Boulevard, Mirabel and Kai Tak Room, Orlando, Florida, 32827.
- Hyatt Regency Orlando Airport, 9300 Jeff Fuqua Boulevard, Mirabel and Kai Tak Room, Orlando, Florida, 32827.
- Other Agencies and Organizations
- Enterprise Florida, Inc.
- This meeting will discuss on-going issues, developing issues and other matters.
; Monday, August 10,2015, 10:00 a.m. to 12:00 p.m.; South Conference Room
Enterprise Florida, Inc.
800 North Magnolia Avenue, Suite 1100
Orlando, FL 32803
- South Conference Room
Enterprise Florida, Inc.
800 North Magnolia Avenue, Suite 1100
Orlando, FL 32803
- 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 19, 2015 1:30-3:30 p.m.; Florida Department of Health, 2585 Merchants Row Blvd., Conference Room 310A, Tallahassee, Florida 32311
- Florida Department of Health, 2585 Merchants Row Blvd., Conference Room 310A, Tallahassee, Florida 32311
- Department of Management Services
- Commission on Human Relations
- Other Agencies and Organizations
- Florida Workers' Compensation Joint Underwriting Association, Inc
- Department of Legal Affairs
- Departmental
- This will be the second meeting of the Legislative & Special Initiatives Committee of the Council. The Committee will hear from the public, discuss potential human trafficking legislation, and develop recommendations relating to increasing awareness of human trafficking. Additionally, the Committee will discuss hosting a statewide policy summit on human trafficking.; Monday, August 17, 2015; 1:00 PM; UCF Fairwinds Alumni Center, Ballroom A, 12676 Gemini Boulevard North, Orlando, Florida 32816
Telephone: (800) 330-2586
Please be advised that meeting rooms maybe subject to change. For updates please visit http://myfloridalegal.com/pages.nsf/Main/8AEA5858B1253D0D85257D34005AFA72
- UCF Fairwinds Alumni Center, Ballroom A, 12676 Gemini Boulevard North, Orlando, Florida 32816
Telephone: (800) 330-2586
Please be advised that meeting rooms maybe subject to change. For updates please visit http://myfloridalegal.com/pages.nsf/Main/8AEA5858B1253D0D85257D34005AFA72
- Other Agencies and Organizations
- Florida Workers' Compensation Joint Underwriting Association, Inc
- Department of Health
- Division of Family Health Services
- Diabetes Advisory Council (DAC) Legislatively Mandated Report: Organizational Meeting. The DAC, Departments of Health and Management Systems, and the Agency for Health Care Administration are required to produce a biennial report on the impact of diabetes in Florida. These partners will meet to discuss data needs, existing data sources, and other aspects of the report.
The meeting may be accessed via Conference Call: 1(888)670-3525; Participant Code: 621.874.5338#.; August 25, 2015; 9:00 a.m. - 4:30 p.m.; 2585 Merchants Row, Room 310A, Tallahassee, FL 32399
- 2585 Merchants Row, Room 310A, Tallahassee, FL 32399
- Department of Business and Professional Regulation
- Division of Pari-Mutuel Wagering
- Public Hearing regarding language for Rules 61D-11.001, 61D-11.002, 61D-11.0025, 61D-11.003, 61D-11.0004, and 61D-11.005, 61D-11.006, 61D-11.007, 61D-11.008, 61D-11.009, 61D-11.011, 61D-11.012, 61D-11.013, 61D-11.014, 61D-11.0145, 61D-11.0149, 61D-11.015, 61D-11.016, 61D-11.0175, 61D-11.018, 61D-11.019, 61D-11.020, 61D-11.021, 61D-11.022, 61D-11.024, 61D-11.025, 61D-11.0251, 61D-11.0275, 61D-11.0279, 61D-11.031 F.A.C.; August 18th, 2015, 2:00 p.m. and
August 19th, 2015, 5:00 p.m.; Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 W. Commercial Blvd., Suite. 165-Room 195, Ft. Lauderdale, Fl. 33309
- Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 W. Commercial Blvd., Suite. 165-Room 195, Ft. Lauderdale, Fl. 33309
- Public Hearing regarding language for Rules 61D-6.002, 61D-6.006, 61D-6.008, 61D-6.009, 61D-6.011, and 61D-6.012, F.A.C.; August 18th, 2015, 9:00 a.m. – 12:00 Noon; Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 W. Commercial Blvd., Suite. 165-Room 195, Ft. Lauderdale, Fl. 33309
- Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 W. Commercial Blvd., Suite. 165-Room 195, Ft. Lauderdale, Fl. 33309
- Department of Environmental Protection
- Departmental
- The Department will present the same information at the two meetings. Senate Bill 536, passed in the 2014 Legislative session, requires the Department of Environmental Protection to conduct a study on the expansion of use of reclaimed water, stormwater, and excess surface water in the state. The purpose of the meeting is to provide an overview of the draft study report, and to solicit input from interested parties.; August 20, 2015, 9:30 AM, ET; Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Rooms A and B, 3900 Commonwealth Blvd., Tallahassee, FL 32399.
This meeting will also be broadcast via webinar where comments will be accepted. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://attendee.gotowebinar.com/register/5508455766377959681. Advanced registration is strongly recommended.
- Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Rooms A and B, 3900 Commonwealth Blvd., Tallahassee, FL 32399.
This meeting will also be broadcast via webinar where comments will be accepted. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://attendee.gotowebinar.com/register/5508455766377959681. Advanced registration is strongly recommended.
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Business and Professional Regulation
- Construction Industry Licensing Board
- Departmental
7. Notices Regarding Bids, Proposals and Purchasing
- Department of Military Affairs
- Department of Management Services
- Division of Building Construction
- Other Agencies and Organizations
- Florida Developmental Disabilities Council
8. Miscellaneous
- Department of Health
- Division of Family Health Services
- Department of Education
- Department of Economic Opportunity
- Division of Community Development