1. Proposed Rules
2. Notices of Changes, Corrections and Withdrawals
- Department of Business and Professional Regulation
3. Emergency Rules
- Department of Agriculture and Consumer Services
- Division of Plant Industry
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Law Enforcement
- Criminal Justice Standards and Training Commission
- On February 8, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-35.006(1)(b), F.A.C., to Paul Kiley, Chairman of the Training Center Directors Association, on behalf of the officers named in the Petition. Rule 11B-35.006(1)(b), F.A.C., lists active Advanced Training Program Courses; the waiver permits Petitioners to receive credit for the Advanced Training Program courses they completed even though these courses were techincally retired at the time of their completion. The Petition was filed on December 21, 2016, and notice of the petition was published on January 6, 2017, in Vol. 43, No. 4, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioners would suffer a substantial hardship were the waiver not granted as they would be ineligible to receive credit for completed course work or to submit such coursework for consideration for salary incentives, job assignments, and career advancement opportunities. The CJSTC also determined that the waiver would satisfy the purpose of the underlying statutes as the advanced coursework completed by Petitioners enhanced their knowledge, skills, and abilities.
- On February 8, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued an Order denying a temporary waiver of Rule 11B-27.00213, F.A.C., to Janeen Patterson. Rule 11B-27.00213, F.A.C., permits agencies to employ individuals under a Temporary Employment Authorization (TEA) who have previously held a TEA only if the individual separated from service or discontinued training while in good standing and has had at least a four year break in service; Petitioner desired the right to accept employment under a second TEA without a four year break in service. The Petition was filed on November 23, 2016, and notice of the petition was published on December 22, 2016, in Vol. 42, No. 247, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that a waiver in this matter would not serve the purpose of the underlying statutes as Petitioner presented no evidence that an agency with a demonstrated critical need intended to hire Petitioner under a TEA at the time of the Petition.
- On September 18, 2017, Sergio Martins withdrew his petition for waiver of Rule 11B-35.002(2)(a), F.A.C., filed on August 18, 2017, and noticed on August 22, 2017, in Vol. 43, No. 163, of the Florida Administrative Register.
- On May 2, 2017, Thomas Verri withdrew his petition for waiver of Rule 11B-27.002, F.A.C., filed on April 19, 2017, and noticed on April 21, 2017, in Vol. 43, No. 78, of the Florida Administrative Register.
- On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-30.006(2)(a), F.A.C., to Robert Wheeler. Rule 11B-30.006(2)(a), F.A.C., provides that individuals must complete a Basic Recruit Training Program within four years of starting the program before becoming elligible to take the State Officer Certification Examination; the waiver permits Petitioner’s passing score on the State Officer Certification Examination to stand even though Petitioner had not techincally completed the Basic Recruit Training Program before sitting for the exam. The Petition was filed on April 11, 2017, and notice of the petition was published on April 14, 2017, in Vol. 43, No. 73, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he would be required to forego employment to sit for and pass another State Officer Certification Examination. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the imminent employment of Petitioner as a law enforcement officer, a position for which he is currently qualified and adequately trained.
- On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-35.002(2)(a), F.A.C., to Jerry Murphy. Rule 11B-35.002(2)(a), F.A.C., gives individuals four years from the start of a Basic Recurit Training Program to complete specified training and examination requirements and to become employed and certified; the waiver permits Petitioner, who has completed the training and examination requirements, 90 days from the effective date of the Final Order to become employed and certified. The Petition was filed on April 24, 2017, and notice of the petition was published on April 25, 2017, in Vol. 43, No. 80, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he would be required to forego an offer of employment to complete the training, examination, and hiring process again. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the imminent employment of Petitioner as a law enforcement officer, a position for which he is currently qualified and adequately trained.
- On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.00225, F.A.C., to Chief Barry Fox. Rule 11B-27.00225, F.A.C., requires background investigations for all applicants for certification which include a seven-panel drug screen; the waiver permits Petitioner to maintain his certification despite only receiving a six-panel drug screen during his background investigation. The Petition was filed on April 21, 2017, and notice of the petition was published on April 25, 2017, in Vol. 43, No. 80, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he risked losing his employment and certification, which might have jeopardized the arrests and investigations Petitioner conducted under the color of his certification. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the continued employment and certification of a law enforcement officer with demonstrated good moral character.
- On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.00225, F.A.C., to Sergeant Richard Warner. Rule 11B-27.00225, F.A.C., requires background investigations for all applicants for certification which include a seven-panel drug screen; the waiver permits Petitioner to maintain his certification despite receiving a drug screen with an unknown number of panels during his background investigation. The Petition was filed on April 21, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he risked losing his employment and certification, which might have jeopardized the arrests and investigations Petitioner conducted under the color of his certification. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the continued employment and certification of a law enforcement officer with demonstrated good moral character.
- Department of Health
- Board of Chiropractic Medicine
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on July 11, 2017, by Stacey Kisting De Barrientos, D.C. The Notice of Petition for Variance or Waiver was published in Vol. 43, No. 139, of the July 19, 2017, Florida Administrative Register. Petitioner sought variance or waiver of Rule 64B2-11.001(1) and (3), F.A.C., which requires that applicants for licensure to have on file with the Board all supporting documentation supporting the applicant’s eligibility for certification to take the examinations. The Board considered the instant Petition at a duly-noticed public meeting held on August 25, 2017, in Orlando, Florida. The Board’s Order, filed on September 7, 2017, dismissed the Petition for Variance or Waiver because the petition did not satisfy the minimum requirements for a Petition for variance and waiver.
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 27, 2017, by Jason Andrew Rutkauskas. The Notice of Petition for Variance or Waiver was published in Vol. 43, No. 132, of the July 10, 2017, Florida Administrative Register. Petitioner sought a variance from or a waiver of Rule 64B2-13.004, F.A.C, which requires that for the purpose of renewing 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. The Board considered the instant Petition at a duly-noticed public meeting held on August 25, 2017, in Orlando, Florida. The Board’s Order, filed on September 7, 2017, granted the request as Petitioner has shown a substantial hardship and that the underlying statute will be achieved by a temporary waiver of the requirement that he be granted credit for only Board approved continuing education courses. Petitioner has a one year extension to receive credit towards continuing education for courses taken in Singapore. However, to be granted credit for those courses, he must submit to the Board office, an acceptable syllabus for each course credit requested.
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Department of Health
- Department of Business and Professional Regulation
- Board of Professional Engineers
- variance or waiver filed by Richard A. Rice, PE, of Rule 61G15-20.002, F.A.C., regarding the requirements for entry into the engineering examination. Petitioner seeks waiver of the rule’s request that 48 months of engineering experience be obtained after receipt of the Bachelor of Science in Engineering degree. The Board will consider this petition at its October 11-12, 2017, meeting. Comments on this petition should be filed with the Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303, within 14 days of publication of this notice.
- Department of Health
- Board of Chiropractic Medicine
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on July 31, 2017, by Paul Powers, DC. The Notice of Petition for Variance or Waiver was published in Vol. 43, No. 148, of the August 1, 2017, Florida Administrative Register. Petitioner sought a variance from or a waiver of Rule 64B2-13.004(3)(b) and (c), F.A.C, which required that all online continuing education courses use the Sharable Content Objective Reference Model for security purposes, and allow only the attendee’s registered computer to be used for the course. The Board considered the instant Petition at a duly-noticed public meeting held on August 25, 2017, in Orlando, Florida. The Board’s Order, filed on September 7, 2017, dismissed the request as Petitioner is not subject to the regulation of the Board and lacks standing to file a Petition for Variance and Waiver.
- Water Management Districts
- Southwest Florida Water Management District
- On September 21, 2017, the Southwest Florida Water Management District has issued an order granting a variance.
Petitioner's Name: SeaWorld Parks & Entertainment, LLC (Adventure Island). – File Tracking No. 17-4260
Date Petition Filed: June 7, 2017
Rule No.: 40D-22.201, F.A.C.
Nature of the rule for which variance or waiver was sought: Lawn and landscape irrigation
Date Petition Published in the Florida Administrative Register: June 11, 2017
General Basis for Agency Decision: Petitioner demonstrated substantial hardship and proposed an alternative means of achieving the purpose of the statute implemented by the rule.
- On September 21, 2017, the Southwest Florida Water Management District has issued an order granting a variance.
Petitioner's Name: Boca Grande Homeowners Association, Inc. – File Tracking No. 17-4261
Date Petition Filed: June 8, 2017
Rule No.: 40D-22.201, F.A.C.
Nature of the rule for which variance or waiver was sought: Lawn and landscape irrigation
Date Petition Published in the Florida Administrative Register: June 13, 2017.
General Basis for Agency Decision: Petitioner demonstrated substantial hardship and proposed an alternative means of achieving the purpose of the statute implemented by the rule.
5. Notices of Meetings, Workshops and Public Hearings
- Florida Commission on Offender Review
- Departmental
- Regularly scheduled meeting for all Parole, Conditional Release, Conditional Medical Release, Addiction Recovery, Control Release and all other Commission business.; Wednesday, October 11, 2017 & Thursday, October 12, 2017, 9:00 a.m.; Manatee County Sheriff's Office, District III Location, 616 67th Street Circle East, Bradenton, Florida 34208
- Manatee County Sheriff's Office, District III Location, 616 67th Street Circle East, Bradenton, Florida 34208
- Department of Transportation
- Departmental
- This meeting is being held to afford interested persons the opportunity to express their views concerning the location, conceptual design, social, economic and environmental effects of Financial Project ID: 430719-2-22-01, otherwise known as County Road 220 from Shamrock Drive to Knight Boxx Road in Clay County, Florida. The Florida Department of Transportation (FDOT) is conducting a Project Development and Environment (PD&E) Study to evaluate alternatives to enhance safety and provide additional capacity to meet existing and future traffic needs on CR 220. FDOT encourages you to get involved throughout the study by providing comments, concerns, questions and or suggestions to the Study Team. Public participation is solicited without regard to race, color, religion, sex, age, national origin, disability or family status. The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by the Florida Department of Transportation (FDOT) pursuant to 23 U.S.C. §327 and a Memorandum of Understanding dated December 14, 2016 and executed by the Federal Highway Administration and FDOT.; September 28, 2017 from 4:30 p.m. to 6:30 p.m.; Highpoint Community Church, 84 Knight Boxx Road, Orange Park, FL 32073
- Highpoint Community Church, 84 Knight Boxx Road, Orange Park, FL 32073
- Water Management Districts
- Southwest Florida Water Management District
- Other Agencies and Organizations
- Infinite Source Communications Group, LLC
- The Miami-Dade and Monroe Counties Work Program Public Hearing will be held in order to present District Six's Five-Year Transportation Plan and allow the public to ask questions or make comments about the plan in general, as well as specific projects included in the plan.
A simultaneous webcast of the public hearing will be held online, and the live question and answer portion of the public hearing will begin at 6:45 p.m. for both live attendees and online participants. Online participants can view the hearing from anywhere via the Internet, during the dates and times listed above, by logging onto www.fdotmiamidade.com/work-program or registering on the hearing’s GoToWebinar page. Audience members will be able to make public comments and ask questions. Online viewers can submit questions or comments via email at wpcomments@dot.state.fl.us and will be responded to the next day.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons who require special accommodations under the Americans with Disabilities Act or persons who require translation services (free of charge) should contact Hong Benitez by phone at (305) 470-5219, in writing at FDOT 1000 NW 111 Avenue, Miami, FL 33172, or via email at Hong.Benitez@dot.state.fl.us at least seven days prior to the meeting.
; October 5, 2017, 6 p.m. - 8 p.m.; FDOT District Six Auditorium, 1000 NW 111 Avenue, Miami, FL 33172
- FDOT District Six Auditorium, 1000 NW 111 Avenue, Miami, FL 33172
- Fish and Wildlife Conservation Commission
- Other Agencies and Organizations
- Citizens Property Insurance Corporation
- Agency for Health Care Administration
- Department of Health
- Department of Legal Affairs
- 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, pursuant to Rules 25-22.0021 and 25-22.0022, F.A.C. The Commission Conference Notice, Agenda, related documents, and FPSC contact information are available at www.floridapsc.com.
ADA: In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 or 850-413-6770 (Florida Relay Service, 1-800-955-8770 Voice or 1-800-955-8771 TDD). Assistive Listening Devices are available upon request from the Office of Commission Clerk, Gerald L. Gunter Building, Room 152.
EMERGENCY CANCELLATION OF CONFERENCE: If a named storm or other disaster requires cancellation of the Conference, Commission staff will attempt to give timely notice. Notice of cancellation will be provided on the Commission’s website (www.floridapsc.com) under the Hot Topics link on the home page. Cancellation can also be confirmed by calling the Office of Commission Clerk at 850-413-6770.
; Tuesday, October 3, 2017 at 9:30 a.m.; Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
- Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
- To discuss and make decisions on matters affecting Commission operations. Internal Affairs Agendas and FPSC contact information is available at www.floridapsc.com.
ADA: In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 or 850-413-6770 (Florida Relay Service, 1-800-955-8770 Voice or 1-800-955-8771 TDD). Assistive Listening Devices are available upon request from the Office of Commission Clerk, Gerald L. Gunter Building, Room 152.
EMERGENCY CANCELLATION OF MEETING: If a named storm or other disaster requires cancellation of the meeting, Commission staff will attempt to give timely notice. Notice of cancellation will be provided on the Commission’s website (www.floridapsc.com) under the Hot Topics link on the home page. Cancellation can also be confirmed by calling the Office of Commission Clerk at 850-413-6770.
; Tuesday, October 3, 2017, immediately following the Commission Conference which commences at 9:30 a.m. in Joseph P. Cresse Hearing Room 148.
; Room 105, Gerald L. Gunter Building, 2540 Shumard Oak Boulevard, Tallahassee, Florida.
- Room 105, Gerald L. Gunter Building, 2540 Shumard Oak Boulevard, Tallahassee, Florida.
- Department of Corrections
- Department of Law Enforcement
- Criminal Justice Standards and Training Commission
- *** RESCHEDULED *** The September 13th Probable Cause Hearing that was cancelled due to Hurricane Irma, as published in Vol. 43/175, is rescheduled. Commissioners rescheduled to sit on the panel have been contacted by phone. The respondents scheduled for the hearing, as well as their employing agencies, have been advised of the rescheduled hearings. The above rescheduled meeting will be held to determine whether or not probable cause exists to pursue disciplinary action against the certification of sworn correctional, law enforcement, or correctional probation officers.; Wednesday, October 11, 2017 10:00 a.m.; Valencia College, Criminal Justice Institute Auditorium Room 100, 8600 Valencia College Lane, Orlando, FL 32825
- Valencia College, Criminal Justice Institute Auditorium Room 100, 8600 Valencia College Lane, Orlando, FL 32825
- Other Agencies and Organizations
- Northwest Florida Area Agency on Aging
- Agency for Health Care Administration
- Departmental
- This is a meeting of the State Consumer Health Information and Policy Advisory Council to which all interested parties are invited. The purpose is to conduct a meeting of key health care stakeholders to discuss issues relating to implementing Florida Statutes mandating transparency in health care through public reporting of health care data.; Thursday, September 28, 2017; 2:00 p.m. – 4:00 p.m.; This meeting will be available via online webinar which requires a telephone for audio. To join the webinar, please use the following link and webinar ID: https://www.gotomeeting.com/webinar/join-webinar, webinar ID: 386-487-619. AUDIO: Participants can use their telephone for audio and are muted upon calling in. Participants cannot be unmuted without their audio pin. Audio PINs are shown after joining the webinar. United States (Toll-free): 1-877-309-2071, Access Code: 605-712-079. If you have any difficulty accessing the teleconference, please call the Florida Center’s main number at (850) 412-3730.
- This meeting will be available via online webinar which requires a telephone for audio. To join the webinar, please use the following link and webinar ID: https://www.gotomeeting.com/webinar/join-webinar, webinar ID: 386-487-619. AUDIO: Participants can use their telephone for audio and are muted upon calling in. Participants cannot be unmuted without their audio pin. Audio PINs are shown after joining the webinar. United States (Toll-free): 1-877-309-2071, Access Code: 605-712-079. If you have any difficulty accessing the teleconference, please call the Florida Center’s main number at (850) 412-3730.
- Department of State
- Departmental
- In accordance with Section 120.525, Florida Statutes, a bid opening is hereby noticed for the following Request for Proposal Number: DOS ITB 07/17 – Statewide Centralized Digital Repository Consultant. The Department reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. The Department 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 need not re-advertise notice in the Florida Administrative Register. Access the VBS at: http://vbs.dms.state.fl.us/vbs/main_menu; September 28, 2017, 4:00 p.m.; R.A. Gray Building, 500 S. Bronough Street, Room #428, Tallahassee, FL 32399
- R.A. Gray Building, 500 S. Bronough Street, Room #428, Tallahassee, FL 32399
- Department of Transportation
- Departmental
- The Florida Department of Transportation (FDOT) District One is conducting Phase 2 of the Central Manatee Network Alternatives Analysis (CMNAA) Study. FDOT has partnered with the Sarasota/Manatee Metropolitan Planning Organization, Manatee County, and the Cities of Palmetto and Bradenton to conduct the Study. Additionally, the environmental review, consultation, and other actions required by applicable federal environmental laws for this project will be carried out by the Florida Department of Transportation pursuant to 23 U.S.C. §327 and a Memorandum of Understanding dated December 14, 2016 and executed by the Federal Highway Administration and FDOT. FDOT is holding a CMNAA Technical Coordination Group (TCG) meeting to review conceptual transportation projects to address mobility and accessibility concerns within and through the study area and help improve the economic opportunities and quality of life of communities in the Cities of Palmetto and Bradenton. The public’s continued participation in this effort will be essential in ensuring successful projects and outcomes. Please note that two or more elected officials may be present at the meeting.; October 2, 2017, 9:30 a.m.; Courtyard Marriott, 100 Riverfront Drive, West Bradenton, FL 34205
- Courtyard Marriott, 100 Riverfront Drive, West Bradenton, FL 34205
- Department of Children and Families
6. Notices Regarding Bids, Proposals and Purchasing
- Other Agencies and Organizations
- Department of Education
- Other Agencies and Organizations
- Skanska USA Building, Inc.
- Fish and Wildlife Conservation Commission
7. Miscellaneous
- Public Service Commission
- Water Management Districts
- South Florida Water Management District
- Department of Highway Safety and Motor Vehicles
- Division of Motor Vehicles
- Other Agencies and Organizations
- Leon County Attorney's Office
- Department of State