1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Environmental Protection
- Department of Financial Services
- Division of Insurance Agent and Agency Services
- Department of Business and Professional Regulation
- Board of Accountancy
- The Board proposes the rule amendment to implement changes necessitated by Chapter 2015-174, Law of Florida, effective July 1, 2015.
- The Board proposes the rule amendment to clarify language.
- : For Rule 61H1-26.001, F.A.C., the Board proposes the rule amendment to clarify when the terms “CPA,” CPA Firm,” and “CPAs and Associates,” “Certified Public Accountants and Associates,” may be used. For Rules 61H1-26.003, and 26.004, F.A.C., the Board proposes the rule amendments to clarify language.
For Rule 61H1-26.005, F.A.C., the Board proposes the rule amendment to clarify that firms are also to maintain updated addresses with the Board.
- The Board proposes the rule amendment to clarify language.
- The Board proposes the rule amendment to clarify language.
2. Proposed Rules
- Department of Education
- State Board of Education
- The purpose of this amendment is to update the School Entry Health Form incorporated by reference. The effect will be a rule compliant with Florida Statutes
- Due of Comment: 10/12/2015
- The purpose is to repeal Rule 6A-1.09421, F.A.C., because the rulemaking authority for the High School Competency Test (HSCT) no longer exists as Sections 1008.22(3)(c)(5), 1008.22(9), and 1008.22(11), F.S., have been amended since the rule was last adopted. Section 1008.22, Florida Statutes, now requires students to pass the grade 10 English Language Arts assessment and Algebra I end-of-course assessment to graduate with a standard high school diploma and only authorizes the designation of concordant and comparative scores for the statewide graduation assessments in Reading, English Language Arts, and Algebra I. Those who have not passed the HSCT as part of their graduation requirements will need to enroll in an adult education program to earn a standard high school diploma. In accordance with Rule 6A-6.020, F.A.C., those who enter adult high school after their ninth grade cohort has graduated or who are not part of a ninth grade cohort must meet the current grade 12 cohort’s graduation requirements that are in effect the year they enter adult high school.
- Due of Comment: 10/12/2015
- The purpose and effect of this amendment is to incorporate the Florida Residency Declaration, Form FRD-1; to specify federal immigration statuses that qualify for legal residency for tuition purposes; to revise references to the “Florida GED” to the State of Florida High School Diploma authorized under Rule 6A-6.0201, F.A.C.; to clarify that reclassification of residency status may occur if a student or, if the student is a dependent, the parent, has maintained legal residence in Florida for at least twelve consecutive months immediately prior to the first day of classes for the term for which reclassification is sought, except as otherwise provided in section 1009.21, F.S.; to acknowledge that a dependent student who is a U.S. citizen may not be denied classification as a resident for tuition purposes based solely upon the immigration status of the parent, in accordance with section 1009.21(2)(d), F.S.; and to revise the rule as necessary to align with section 1009.21, F.S.
- Due of Comment: 10/12/2015
- Department of Business and Professional Regulation
3. Notices of Changes, Corrections and Withdrawals
- Department of Environmental Protection
- Beaches and Coastal Systems
- Department of Agriculture and Consumer Services
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Environmental Protection
- Departmental
- The Department of Environmental Protection gives notice of its intent to grant a variance under Section 403.201, F.S., from the provisions of Rule 62-330.302(1)(c), F.A.C., to Charlotte County Board of County Commissioners, 700 Florida Street, Punta Gorda, Florida 33950,(File No. 08-0336110-002-EV), to allow for the dredging of access channels to the Gulf Cove residential community from the Myakka River, Class II, Outstanding Florida Waters, conditionally approved for shellfish harvesting, in Charlotte County. This variance is sought in conjunction with the activities necessary to construct the proposed project as described in Environmental Resource Permit application No. 08-0336110-001. The variance is being granted because the petitioner has demonstrated the variance is necessary to relieve or prevent hardship. The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33902, online at http://depedms.dep.state.fl.us/Oculus/servlet/login, or by telephone 239-334-5600.
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Petitions for an administrative hearing must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative hearing under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation is not available in this proceeding.
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Plantation Oaks. Petitioner seeks an emergency temporary variance of the requirements of ASME A17.3, Section 3.11.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Michelle Comingore, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2015-232).
- On September 18, 2015, the Department issued a Final Order that was in response to a Petition for Variance from The Dalton Agency, filed August 27, 2015, and advertised on September 1, 2015 in Vol. 41, No. 170, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 2.2.1, ASME A17.3, 1996 edition, as adopted by 61C-5.001(1)(a), Florida Administrative Code from providing enclosures because the Petitioner has not demonstrated that the purpose of the underlying statute has been met or that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2015-211).
- Water Management Districts
- Southwest Florida Water Management District
5. Notices of Meetings, Workshops and Public Hearings
- Other Agencies and Organizations
- Area Agency on Aging of Central Florida, Inc. dba Senior Resource Alliance
- Department of Education
- Division of Florida Colleges
- Executive Office of the Governor
- Division of Emergency Management
- In accordance with the timeframe set forth in section 120.525, Florida Statutes, a Public Opening is hereby noticed within the timeline for the Request for Proposal (RFP-DEM-15-16-037) for Florida Statewide Emergency Alert and Notification System
The Division reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. The Division will post notice of any changes or additional meetings within the Vendor Bid System (VBS) in accordance with section 287.042(3), Florida Statutes, and will not re-advertise notice in the Florida Administrative Review (FAR). Access the VBS at: http://vbs.dms.state.fl.us/vbs/main_menu.
; September 30, 2015 at 2:30 p.m.; William E. Sadowski Office Building
2555 Shumard Oak Blvd,
Room 120L
Tallahassee, FL 32399
- William E. Sadowski Office Building
2555 Shumard Oak Blvd,
Room 120L
Tallahassee, FL 32399
- Regional Planning Councils
- Central Florida Regional Planning Council
- Department of Education
- University of South Florida
- Other Agencies and Organizations
- VHB
- National Council on Compensation Insurance
- Department of Agriculture and Consumer Services
- Division of Agricultural Environmental Services
- The Committee discusses and makes recommendations on pesticide registration issues impacting human health and safety and the environment.; October 1, 2015, 9:00 a.m.; Florida Department of Agriculture and Consumer Services
Bureau of Scientific Evaluation & Technical Assistance
Conference Room
3125 Conner Boulevard, Building 6, Room 606
Tallahassee, Florida, 32399-1650
(850) 617-7940
- Florida Department of Agriculture and Consumer Services
Bureau of Scientific Evaluation & Technical Assistance
Conference Room
3125 Conner Boulevard, Building 6, Room 606
Tallahassee, Florida, 32399-1650
(850) 617-7940
- Regional Planning Councils
- Treasure Coast Regional Planning Council
- Department of Environmental Protection
- Department of Children and Families
- Agency for Persons with Disabilities
- Changes made to proposed Rules 65G-4.0213 through 65G-4.0218, F.A.C., noticed in the Florida Administrative Register, Vol. 40, No. 235, published on December 5, 2014 regarding the implementation of iBudget Florida as required by Section 393.0662, F.S., as these proposed rules have been modified by the Notice of Change noticed in the Florida Administrative Register Vol 41, No. 84, published on April 30, 2015, and as modified by the Notice of Change noticed in the Florida Administrative Register Vol 41, No. 98, published on May 20, 2015, and as further modified by the Notice of Change noticed in the Florida Administrative Register Vol 41, No. 174, published on September 8, 2015. All written comments must be received by the close of the business day of the hearing in order to be considered.; October 8, 2015, 10:00 p.m. – 12:00 p.m.; Agency for Persons with Disabilities, 4030 Esplanade Way, Room 301, Tallahassee, FL 32399-0950; or by conference call number: 1(888)670 3525, pass code: 674 721 2009 then # key
- Agency for Persons with Disabilities, 4030 Esplanade Way, Room 301, Tallahassee, FL 32399-0950; or by conference call number: 1(888)670 3525, pass code: 674 721 2009 then # key
- Florida Housing Finance Corporation
- Departmental
- This Review Committee meeting will be to discuss the responses received from qualified Respondents in response to RFQ 2015-06 for Public Relations, Media Planning and Buying services, answer any questions the Review Committee may have regarding the Qualifications, give the scores, and submit a recommendation to Florida Housing’s Board of Directors.; 10:00 a.m. Tuesday, November 3, 2015; Rick Seltzer Conference Room, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida, 32301-1329
- Rick Seltzer Conference Room, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida, 32301-1329
- Department of Health
- Other Agencies and Organizations
- Center for Independent Living of South Florida, Inc.
- Regularly scheduled meeting of the Board of Directors of the Center for Independent Living of South Florida, Inc. Nominations of officers will be considered. If alternate format, ASL interpreter, or other accommodation is required, please request at least 7 days in advance of the meeting date. Send requests to Mary@soflacil.org or call (305) 751-8025.; Saturday, October 24, 2015, 12:00 Noon - 2:00 p.m.; 6660 Biscayne Boulevard, Miami, FL 33138
- 6660 Biscayne Boulevard, Miami, FL 33138
- Water Management Districts
- South Florida Water Management District
- Meeting Cancelled; Thursday, September 24th, 2015 MEETING CANCELLED; South Florida Water Management District, Okeechobee Service Center, 3800 N.W. 16th Blvd., Suite A, Okeechobee, FL 34972
- South Florida Water Management District, Okeechobee Service Center, 3800 N.W. 16th Blvd., Suite A, Okeechobee, FL 34972
- Executive Office of the Governor
- Department of Education
- Division of Florida Colleges
- Agency for Health Care Administration
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Business and Professional Regulation
- Florida Real Estate Commission
- Angie Altamirano; The Notice of Petition for Declaratory Statement was published in Vol. 41, No. 109, of the June 5, 2015, Florida Administrative Register. The Commission considered the Petition at a duly-noticed public meeting held on August 18, 2015. The Petitioner sought the Commission’s opinion regarding how Rule 61J2-10.028, F.A.C., and whether property managers that manage various properties throughout Florida are required to have an active State of Florida broker or real estate license to manage these properties.
The Commission denies the petition because the Petitioner has not provided any information about what activities and responsibilities are performed by the property managers which would assist the Commission in determining whether such activities would require being licensed pursuant to Chapter 475, Florida Statutes.
- , Andy Brown and Pam Matera, Climer School of Real Estate, filed on September .; The petition seeks the Commission’s opinion on whether it is allowable to use another licensed Real Estate School’s trademarked and registered school name in public advertising, to drive consumers and business to their school.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
7. Notices Regarding Bids, Proposals and Purchasing
- Florida Housing Finance Corporation
8. Miscellaneous
- Water Management Districts
- Northwest Florida Water Management District