section i notice of development of proposed rules and negotiated rulemaking · 2015-12-10 · bldg....
TRANSCRIPT
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6039
Section I
Notice of Development of Proposed Rules
and Negotiated Rulemaking
DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-6.0571 Career and Technical Education and Adult
General Education Standards and Industry-
Driven Benchmarks
PURPOSE AND EFFECT: To adopt the “Career and
Technical Education Programs, Academic Year 2016-2017
Curriculum Frameworks by Career Cluster” and the “Adult
General Education Standards and Curriculum Frameworks
2016-2017”.
SUBJECT AREA TO BE ADDRESSED: Career and
Technical Education and Adult General Education Curriculum
Frameworks.
RULEMAKING AUTHORITY: 1004.92 FS.
LAW IMPLEMENTED: 1004.92 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS:
Kathleen Taylor, Bureau Chief, Division of Career and Adult
Education, Florida Department of Education, 325 West Gaines
Street, #1554 E, Tallahassee, FL 32399-0400, (850)245-9062.
To request a rule development workshop, please contact:
Cathy Schroeder, Director, Office of Executive Management,
Department of Education, (850)245-9661 or e-mail:
[email protected] or go to
https://app1.fldoe.org/rules/default.aspx
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT:
https://app1.fldoe.org/rules/default.aspx
DEPARTMENT OF CORRECTIONS
RULE NO.: RULE TITLE:
33-302.109 Offender Orientation
PURPOSE AND EFFECT: The purpose and effect is to insert
a subsection in Rule 33-302.109, F.A.C. that is currently in
Rule 33-302.108, F.A.C. (which is being repealed), to modify
certain Forms, and to incorporate the Spanish-language
version of two Forms that are already incorporated in Rule.
SUBJECT AREA TO BE ADDRESSED: Community
corrections, with particular regard to sex offenders.
RULEMAKING AUTHORITY: 944.09, 948.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 945.31, 948.09 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Adam
Stallard, 501 South Calhoun Street, Tallahassee, Florida
32399
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS:
33-302.109 Offender Orientation.
(1) through (2) No change.
(3) The correctional probation officer shall instruct on and
review the information contained in the Notice of Privacy
Practices, Form DC3-2006 or Form DC3-2006S (Spanish-
language version). Form DC3-2006 is hereby incorporated by
reference. Copies of this form are available from the Forms
Control Administrator, Office of Research, Planning and
Support Services, 501 South Calhoun Street, Tallahassee,
Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
XXXX. The effective date of this form is July 30,
2003. Form DC3-2006S is hereby incorporated by reference.
Copies of this form are available from the Forms Control
Administrator, Office of Research, Planning and Support
Services, 501 South Calhoun Street, Tallahassee, Florida
32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
XXXX. The effective date of this form is . The
correctional probation officer and the offender shall sign and
date Form DC3-2006 or Form DC3-2006S, Notice of Privacy
Practices, certifying that the offender has received a copy of
the privacy notice. The current telephone number of the
department’s privacy officer will be inserted at this time. The
original executed Form DC3-2006 or Form DC3-2006S shall
be placed in the offender file and a copy shall be provided to
the offender.
(4) No change.
(5) Driving Log for Sex Offenders - If the court or
releasing authority imposes a condition of supervision
requiring maintenance of a driving log and a prohibition
against driving a motor vehicle alone without the prior
approval of the supervising officer, the officer shall:
(a) Instruct the sex offender to complete entries on the
Driving Log, Form DC3-244, or Form DC3-244S (Spanish-
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6040
language version), for each travel occurrence when the sex
offender is driving, either alone or when accompanied by
someone. The sex offender shall choose either Form DC3-244
or Form DC3-244S and use that form to the exclusion of the
other form for as long as the sex offender uses a driving log.
Form DC3-244 is hereby incorporated by reference. A copy of
this form may be obtained from the Forms Control
Administrator, Office of Research, Planning and Support
Services, 501 South Calhoun Street, Tallahassee, Florida
32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
XXXX. The effective date of this form is June, 2002. Form
DC3-244S is hereby incorporated by reference. A copy of this
form may be obtained from the Forms Control Administrator,
Office of Research, Planning and Support Services, 501 South
Calhoun Street, Tallahassee, Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-
XXXX. The effective date of this form is July, 2002.
(b) The sex offender shall submit all completed Driving
Logs, Form DC3-244, or Form DC3-244S, to the supervising
officer at least once a month. The completed driving logs will
be maintained in the offender file.
Rulemaking Authority 944.09, 948.09 FS. Law Implemented 20.315,
944.09, 945.31, 948.09 FS., 45 CRF Part 160, 164. History–New 7-
19-01, Amended 9-15-02, 7-30-03, 1-6-04, 1-11-05, 12-30-12,
.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Accountancy
RULE NO.: RULE TITLE:
61H1-39.001 Definitions
PURPOSE AND EFFECT: The Board proposes the rule
amendment to include the definitions taken from the American
Institute of Certified Public Accountants, rather than
incorporate them by reference.
SUBJECT AREA TO BE ADDRESSED: Definitions.
RULEMAKING AUTHORITY: 473.3125, 473.304 FS.
LAW IMPLEMENTED: 473.3125(4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veloria
A. Kelly, Division Director, Board of Accountancy, 240 NW
76th Drive, Suite A, Gainesville, Florida 32607
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE
FROM THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Accountancy
RULE NO.: RULE TITLE:
61H1-39.002 Peer Review Program Standards
PURPOSE AND EFFECT: The Board proposes the rule
amendment to incorporate the revised standards.
SUBJECT AREA TO BE ADDRESSED: Peer Review
Program Standards.
RULEMAKING AUTHORITY: 473.3125, 473.304 FS.
LAW IMPLEMENTED: 473.3125(2) FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veloria
A. Kelly, Division Director, Board of Accountancy, 240 NW
76th Drive, Suite A, Gainesville, Florida 32607
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE
FROM THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Accountancy
RULE NO.: RULE TITLE:
61H1-39.004 Peer Review Oversight Committee and
Responsibilities
PURPOSE AND EFFECT: The Board proposes the rule
amendment to clarify the responsibilities of the Peer Review
Oversight Committee.
SUBJECT AREA TO BE ADDRESSED: Peer Review
Oversight Committee Composition and Responsibilities.
RULEMAKING AUTHORITY: 473.3125, 473.304 FS.
LAW IMPLEMENTED: 473.3125(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veloria
A. Kelly, Division Director, Board of Accountancy, 240 NW
76th Drive, Suite A, Gainesville, Florida 32607
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE
FROM THE CONTACT PERSON LISTED ABOVE.
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6041
DEPARTMENT OF HEALTH
Board of Hearing Aid Specialists
RULE NO.: RULE TITLE:
64B6-3.005 Inactive Status and Renewal of Inactive
License
PURPOSE AND EFFECT: The Board proposes the rule
amendment to remove unnecessary language.
SUBJECT AREA TO BE ADDRESSED: Inactive Status and
Renewal of Inactive License.
RULEMAKING AUTHORITY: 456.036, 484.044(1) FS.
LAW IMPLEMENTED: 456.036 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sue
Foster, Executive Director, Board of Hearing Aid Specialists,
4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida
32399-3258
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE
FROM THE CONTACT PERSON LISTED ABOVE.
Section II
Proposed Rules
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Care Responsibility Program
RULE NO.: RULE TITLE:
59H-1.001 Title
PURPOSE AND EFFECT: The Agency proposes to repeal
Rule 59H-1.001, F.A.C., which specifies the title of the rule
chapter. This rule is unnecessary and redundant as the title is
incorporated in the rule chapter as published.
SUMMARY: Rule 59H-1.001, F.A.C., is unnecessary and
redundant as the title is incorporated in the rule chapter as
published.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will
not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the
implementation of the rule. A SERC has not been prepared by
the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: The Agency has determined that no SERC is required
and that no legislative ratification pursuant to subsection
120.541(3) F.S.is required based on the Agency’s review of
information at the time of analysis and the preparation of a
checklist for the rule to determine the need for the creation of
a SERC.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 154.308 FS
LAW IMPLEMENTED: 154.308 FS
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF
THIS NOTICE, A HEARING WILL BE HELD AT THE
DATE, TIME AND PLACE SHOWN BELOW (IF NOT
REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 14, 2016, 3:00 p.m. – 3:30 p.m.
PLACE: Agency for Health Care Administration, Ft. Knox
Bldg. 3, Conference Room C, 2727 Mahan Drive, Tallahassee,
FL 32308
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 3 days before the workshop/meeting by
contacting: Kirsten Jacobson, Phone: (850)412-4333 or E-
mail: [email protected]. If you are
hearing or speech impaired, please contact the agency using
the Florida Relay Service, 1(800)955-8771 (TDD) or
1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Kirsten Jacobson, Agency for Health
Care Administration, Central Services, 2727 Mahan Drive,
Mail Stop 26, Tallahassee, FL 32308, (850)412-4333,
THE FULL TEXT OF THE PROPOSED RULE IS:
59H-1.001 Title.
Rulemaking Authority 154.308 FS. Law Implemented 154.308 FS.
History–New 12-29-77, Formerly 10C-26.01, 10C-26.001, Repealed.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Kirsten Jacobson, Phone: (850)412-4333 or E-mail:
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Elizabeth Dudek, Secretary, Agency for
Health Care Administration
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 9, 2015
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6042
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Accountancy
RULE NO.: RULE TITLE:
61H1-33.003 Continuing Professional Education
PURPOSE AND EFFECT: The Board proposes the rule
amendment to update to allow credit in half –hour increments,
clarify reporting requirements, and incorporate reporting form.
SUMMARY: The rule amendment will allow credit in half-
hour increments, clarify reporting requirements and
incorporate reporting form.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will
not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the
implementation of the rule. A SERC has not been prepared by
the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: During discussion of the economic impact of this rule
at its Board meeting, the Board, based upon the expertise and
experience of its members, determined that a Statement of
Estimated Regulatory Costs (SERC) was not necessary and
that the rule will not require ratification by the Legislature. No
person or interested party submitted additional information
regarding the economic impact at that time.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 455.213(6), 455.2177,
455.2178, 455.2179, 473.304, 473.305, 473.312 FS.
LAW IMPLEMENTED: 455.213(6), 455.2177, 455.2178,
455.2179, 473.305, 473.312(1)(a), (c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF
THIS NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Veloria A. Kelly, Division Director,
Board of Accountancy, 240 NW 76th Drive, Suite A,
Gainesville, Florida 32607
THE FULL TEXT OF THE PROPOSED RULE IS:
61H1-33.003 Continuing Professional Education.
(1)(a) through (b) No change.
(2) Educational instruction or training in public
accounting subjects or courses of study is hereby defined as
formal programs of learning, as defined below, which
contribute directly to professional competency following
licensure to practice public accountancy. Unless otherwise
approved by the Board pursuant to Section 120.542, F.S.,
subjects or courses of study qualifying an individual for the
purpose of this rule shall be limited to:
(a) Accounting and auditing subjects to consist of:
1. Accounting-related subjects or courses, including, but
not limited to, financial accounting (including current
authoritative literature in generally accepted accounting
principles in the United States), and accounting for specialized
industries.
2. Auditing-related subjects or courses, including, but not
limited to, general auditing theory and practice (including
current authoritative literature in generally accepted auditing
standards in the United States), auditing for specialized
industries (including governmental auditing requirements) and
audit applications to computers and information systems; and
other category courses to consist of:
(b) Technical business subjects to consist of:
1. Taxation.
2. Management services and management advisory
services.
3. General business including, but not limited to,
economics, business law, production or operational systems,
marketing, finance, quantitative applications in business and
business policy, and computers and information systems
without audit applications; and
(c) Behavioral subjects to consist of:
1. Oral and written communications.
2. The social environment of business.
3. Administration of a public accounting practice
including, but not limited to, behavioral sciences, managerial
effectiveness and management by objectives.
(3) Effective July 1, 1999, Educational instruction or
training in public accounting subjects or courses of study is
hereby defined as formal programs of learning as defined
below, which contribute directly to professional competency
following licensure to practice public accountancy. Subjects or
courses of study qualifying an individual for the purposes of
this shall be limited to:
(a) No change.
(b) Technical business subjects to consist of:
1. through 4. No change.
(c) through (d) No change.
(3)(4) Credit may be prorated by the sponsor for courses
that cover more than one area of study by (1) prorating the
amount of time spent in each area or (2) awarding credit based
on the lowest topic covered with accounting and auditing
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6043
being the highest and behavioral the lowest. Therefore an
eight-hour course that was 75% accounting and auditing and
25% management would receive six (6) hours of accounting
and auditing credit and two (2) hours of technical business or
eight (8) hours of all technical business. Hours cannot be
prorated in less than one half- hour increments.
(4)(5) In order for a Florida certified public accountant to
receive credit for programs of learning, as defined above, the
following formalities and further requirements must be met:
(a) No change.
(b) Other professional education or training:
1. Professional development courses shall be credited for
continuing professional education purposes in increments of
not less than one half hour full hours only, equivalent to the
actual number of contact hours (hours in the classroom which
must include at least fifty minutes of continuous participation
per contact hour or twenty-five minutes per contact half hour)
provided an outline (defined as a schedule of activity listing
major topics of discussion) is prepared in advance and
retained; a course is at least one contact hour or half hour in
length; the course conducted by a qualified instructor, lecturer
or discussion leader; and a record of registration and
attendance is maintained. For this purpose, a one-day program
will be granted eight hours credit if the total lapsed time is at
least eight hours and the contact time is approximately 400
minutes. An instructor, lecturer or discussion leader will be
considered qualified if, through formal training or experience,
he has obtained sufficient knowledge of the subject matter to
competently instruct the course. A course participant will be
granted credit for only that portion of a course actually
attended. If a record of registration and attendance is not
maintained by the sponsoring organization, the course
participant must be able to prove registration and attendance.
2. through 4. No change.
(5)(6) Each Florida certified public accountant shall, as a
part of the biennial bienniel licensure renewal, on or before
December 31 prior to his/her biennial license renewal, comply
with the report on forms prescribed by the Board, compliance
with continuing professional education requirements
completed during the applicable reestablishment period. Each
Florida certified public accountant’s documentation
supporting such compliance shall be retained through the two
years following a two-year reestablishment period.
Documentation is to be retained to support evidence of
completion of the required hours to enable an a random audit
by the Department of Business and Professional Regulation
(DBPR) to determine compliance with the requirements.
Documentation for of each course shall be in a format to
include course title and date, number of hours earned, attendee
name, certified public accountant course provider name,
number, and signature of by the provider furnishing said
certificate, and when requested shall be recorded using form
DBPR CPA 41, entitled Continuing Professional Education
Reporting Form, effective September 2015 and available at
http://www.myfloridalicense.com/dbpr/cpa/forms.html, or in
electronic format prescribed by the Board at
http://fl.cpetracking.com or at
http://www.flrules.org/Gateway/reference.asp?No=Ref- . If
staff review or review by the Committee on Continuing
Professional Education determines that courses are either
improperly classified or do not otherwise meet the
requirements of the chapter, then the Florida certified public
accountant shall will be notified and given 60 days from the
date of notification to comply with the continuing professional
education requirements. Florida certified public accountants
who complete the continuing professional education
requirements timely but who are found to be deficient after
December 31 of their renewal year must correct the error and
pay a $50 fine within 60 days of the aforementioned notice.
Failure to timely correct the error and pay the fine shall
consititute grounds for disciplinary action pursuant to section
455.227 or 473.323, F.S.
(6)(7) No change.
Rulemaking Authority 455.213(6), 455.2177, 455.2178, 455.2179,
473.304, 473.305, 473.312 FS. Law Implemented 455.213(6),
455.2177, 455.2178, 455.2179, 473.305, 473.312(1)(a), (c) FS.
History–New 12-4-79, Amended 2-3-81, 4-5-83, 10-19-83, 8-20-85,
Formerly 21A-33.03, Amended 9-18-88, 7-7-92, 12-2-92, Formerly
21A-33.003, Amended 12-14-93, 1-26-98, 12-17-00, 8-21-01, 3-21-
05, 5-18-05, 7-10-05, 7-23-06, 12-10-09, 7-7-10, 11-7-12, 8-7-13,
.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Board of Accountancy
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Board of Accountancy
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: November 6, 2015
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: November 19, 2015
DEPARTMENT OF HEALTH
Board of Hearing Aid Specialists
RULE NO.: RULE TITLE:
64B6-3.0041 Requirements for Reactivation of Retired
Status License.
PURPOSE AND EFFECT: The Board proposes the repeal of
the rule due to unnecessary or outdated language.
SUMMARY: Due to unnecessary or outdated language, the
Board proposes the repeal of the rule.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will
not have an adverse impact on small business or likely
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6044
increase directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the
implementation of the rule. A SERC has not been prepared by
the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: During discussion of the economic impact of the rule
at its Board meeting, the Board, based upon the expertise and
experience of its members, determined that a Statement of
Estimated Regulatory Costs (SERC) was not necessary and
that the rule will not require ratification by the Legislature. No
person or interested party submitted additional information
regarding the economic impact at that time.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 456.036, 484.044 FS.
LAW IMPLEMENTED: 456.036 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF
THIS NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Sue Foster, Executive Director, Board
of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin #
C08, Tallahassee, Florida 32399-3258
THE FULL TEXT OF THE PROPOSED RULE IS:
64B6-3.0041 Requirements for Reactivation of Retired
Status License.
Rulemaking Specific Authority 456.036, 484.044 FS. Law
Implemented 456.036 FS. History–New 8-31-06, Repealed
.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Board of Hearing Aid Specialists
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Board of Hearing Aid Specialists
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 10, 2015
DEPARTMENT OF HEALTH
Board of Osteopathic Medicine
RULE NO.: RULE TITLE:
64B15-14.012 Optional Informed Consent for Cataract
Surgery
PURPOSE AND EFFECT: The proposed rule amendment is
intended to incorporate the revised form into the Board’s rule.
SUMMARY: The proposed rule amendment incorporates the
revised optional informed consent form for cataract surgery
into the Board’s rule.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will
not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the
implementation of the rule. A SERC has not been prepared by
the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: During discussion of the economic impact of this rule
at its Board meeting, the Board concluded that this rule change
will not have any impact on licensees and their businesses or
the businesses that employ them. The rule will not increase
any fees, business costs, personnel costs, will not decrease
profit opportunities, and will not require any specialized
knowledge to comply. This change will not increase any direct
or indirect regulatory costs. Hence, the Board determined that
a Statement of Estimated Regulatory Costs (SERC) was not
necessary and that the rule will not require ratification by the
Legislature. No person or interested party submitted additional
information regarding the economic impact at that time.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 459.026 FS.
LAW IMPLEMENTED: 459.026 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF
THIS NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Claudia Kemp, Executive Director,
Board of Osteopathic Medicine/MQA, 4052 Bald Cypress
Way, Bin #C06, Tallahassee, Florida 32399-3256
THE FULL TEXT OF THE PROPOSED RULE IS:
64B15-14.012 Optional Informed Consent for Cataract
Surgery.
Pursuant to Section 459.026, F.S., for those physicians who
choose to use it, the Board has approved form DOH-MQA
1255 (10/15) (10/11), entitled “Florida Board of Medicine and
Florida Board of Osteopathic Medicine Approved Informed
Consent Form for Cataract Operation With or Without
Implantation of Intraocular Lens,” which is hereby
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6045
incorporated by reference and available from
http://www.flrules.org/Gateway/reference.asp?No=Ref-
00995 and from the Board’s website at
http://floridasosteopathicmedicine.gov/resources/
http://www.doh.state.fl.us/mqa/osteopath/index.html. The
Board-approved informed consent form is not executed until:
(1) through (3) No change.
Rulemaking Authority 459.026 FS. Law Implemented 459.026 FS.
History–New 2-28-12, Amended .
NAME OF PERSON ORIGINATING PROPOSED RULE:
Board of Osteopathic Medicine
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: November 13, 2015
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: November 25, 2015
Section III
Notice of Changes, Corrections and
Withdrawals
DEPARTMENT OF EDUCATION
Florida’s Office of Early Learning
RULE NO.: RULE TITLE:
6M-8.100 Definitions
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been
made to the proposed rule in Vol. 41 No. 231, December 1,
2015 issue of the Florida Administrative Register. Subsection
(10) is corrected to conform with statutory language.
DEPARTMENT OF TRANSPORTATION
RULE NO.: RULE TITLE:
14-10.0022 Outdoor Advertising Sign Inventory
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rule, as noticed in Vol.
41 No. 203, October 19, 2015 issue of the Florida
Administrative Register has been withdrawn.
DEPARTMENT OF TRANSPORTATION
RULE NO.: RULE TITLE:
14-46.001 Utilities Installation or Adjustment
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rule, as noticed in Vol.
41 No. 206, October 22, 2015 issue of the Florida
Administrative Register has been withdrawn.
DEPARTMENT OF TRANSPORTATION
RULE NO.: RULE TITLE:
14-107.020 Joint Public-Private Development of Right
of Way
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rule, as noticed in Vol.
41 No. 181, September 17, 2015 issue of the Florida
Administrative Register has been withdrawn.
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NO.: RULE TITLE:
59A-18.0081 Certified Nursing Assistant and Home
Health Aide
NOTICE OF CHANGE
Notice is hereby given that the following changes have been
made to the proposed rule in accordance with subparagraph
120.54(3)(d)1., F.S., published in Vol. 41 No. 195, October 7,
2015 issue of the Florida Administrative Register.
The following sections of the proposed rule will be changed to
read:
59A-18.0081 Certified Nursing Assistant and Home
Health Aide.
(1) through (13) No changes.
(14) C.N.A.s and home health aides referred by nurse
registries may assist with self-administration of medication as
described in Section 400.488, F.S.
(a) Home health aides and C.N.A.s assisting with self-
administered medication, as described in Section 400.488,
F.S., shall have received a minimum of 2 hours of training
covering the following content:
1. Training shall cover state law and rule requirements
with respect to the assistance with self-administration of
medications in the home, procedures for assisting the resident
with self-administration of medication, common medications,
recognition of side effects and adverse reactions and
procedures to follow when patients appear to be experiencing
side effects and adverse reactions. Training must include
verification that each C.N.A. and home health aide can read
the prescription label and any instructions.
2. Individuals who cannot read shall not be permitted to
assist with prescription medications.
(b) Documentation of training on assistance with self-
administered medication from one of the following sources is
acceptable:
1. Documentation of 2 hours of training in compliance
with subsection 59A-8.0095(5), F.A.C., from a home health
agency if the home health aide or C.N.A. previously worked
for the home health agency;
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6046
2. A training certificate for 4 hours of training for assisted
living facility staff in compliance with Section 429.52(6), F.S.
subsection 58A-5.0191(5), F.A.C.
3. A training certificate for at least 2 hours of training
from a career education school licensed pursuant to Chapter
1005, F.S., and Rule Division 6E, F.A.C., by the Department
of Education, Commission for Independent Education.
4. Documentation of at least 2 hours of training by a
provider approved by the Florida Board of Nursing,
Department of Health.
(c) Documentation of the training must be maintained in
the file of each home health aide and C.N.A. who assists
patients with self-administered medication.
(d) In cases where a home health aide or a C.N.A. will
provide assistance with self-administered medications as
described in Section 400.488, F.S., and paragraph (e) below, a
review of the medications for which assistance is to be
provided shall be conducted by a registered nurse or licensed
practical nurse to ensure the C.N.A. and home health aide are
able to assist in accordance with their training and with the
medication prescription and the medication is not required to
be administered by a nurse. If the patient will not consent to a
visit by the nurse to review the medications, a written list with
the dosage, frequency and route of administration shall be
provided by the patient or the patient’s health care surrogate,
family member, or person designated by the patient to the
home health aide or CNA to have reviewed by the nurse. The
patient or the patient’s surrogate, guardian, or attorney in fact
must give written consent for a home health aide or C.N.A. to
provide assistance with self-administered medications, as
required in Section 400.488(2), F.S.
(e) The trained home health aide and C.N.A. may also
provide the following assistance with self-administered
medication, as needed by the patient and as described in
Section 400.488, F.S.:
1. Prepare necessary items such as juice, water, cups, or
spoons to assist the patient in the self-administration of
medication;
2. Open and close the medication container or tear the foil
of prepackaged medications;
3. Assist the resident in the self-administration process.
Examples of such assistance include the steadying of the arm,
hand, or other parts of the patient’s body so as to allow the
self-administration of medication;
4. Assist the patient by placing unused doses of solid
medication back into the medication container.
(15) No change.
DEPARTMENT OF MANAGEMENT SERVICES
Commission on Human Relations
RULE NOS.: RULE TITLES:
60Y-2.001 General
60Y-2.011 Petitions for Variances or Waivers from
Rules
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rules, as noticed in Vol.
41 No. 214, November 3, 2015 issue of the Florida
Administrative Register have been withdrawn.
DEPARTMENT OF CHILDREN AND FAMILIES
Economic Self-Sufficiency Program
RULE NO.: RULE TITLE:
65A-1.603 Food Assistance Program Income and
Expenses
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been
made to the proposed rule in Vol. 41 No. 199, October 13,
2015 issue of the Florida Administrative Register.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will
not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the
implementation of the rule. A SERC has not been prepared by
the Agency. The Agency has determined that the proposed
rule is not expected to require legislative ratification based on
the statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: A checklist was prepared by the Agency to determine
the need for a SERC. Based on this information at the time of
the analysis and pursuant to section 120.541, Florida Statutes,
the rule will not require legislative ratification. Any person
who wishes to provide information regarding a statement of
estimated regulatory costs, or provide a proposal for a lower
cost regulatory alternative must do so in writing within 21
days of this notice.
DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services
RULE NO.: RULE TITLE:
69B-186.010 Unlawful Inducements Related to Title
Insurance Transactions.
NOTICE OF CHANGE
Notice is hereby given that the following changes have been
made to the proposed rule in accordance with subparagraph
120.54(3)(d)1., F.S., published in Vol. 41 No. 192, October 2,
2015 issue of the Florida Administrative Register.
The proposed rule is renumbered, accordingly.
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6047
69B-186.010 Unlawful Inducements Related to Title
Insurance Transactions.
(1) through (2) No change.
(3) For purposes of this rule, the term “referrer of
settlement service business” means any person who is in a
position to refer title insurance business incident to or part of a
real estate transaction, or as associate of such person. A
referrer of settlement service business may be a title insurance
agent, title insurance agency, title insurance company,
attorney, real estate broker, real estate agent, real estate
licensee, broker associate, sales associate, mortgage banker,
mortgage broker, lender, real estate developer, builder,
property appraiser, surveyor, escrow agent, closing agent, or
any other person or entity involved in a real estate transaction
for which title insurance could be issued; or any employee,
officer, director, or representative of such a person or entity.
(4) As they relate to the transaction of title insurance, the
following activities, whether performed directly or indirectly,
for or by any referrer of settlement service business, are
inducements for the sale, placement or referral of title
insurance business in violation of Section 626.9521 and
subparagraph 626.9541(1)(h)3., F.S.:
(a) No change.
(b) Providing membership in any organization, society,
association, guild, union, alliance or club at a discount,
reduced rate, or at no cost to a referrer of settlement service
business.
(c) No change.
(d) Providing or offering stocks, bonds, securities,
property, or any dividend or profit accruing or to accrue
thereon to a referrer of settlement service business. However,
the use of lawful affiliated business arrangements that are
permitted under the Federal Real Estate Settlement Procedure
Act would not violate this subparagraph and would be
allowable under paragraph (2) of this rule.
(e) Providing or offering employment to a referrer of
settlement service business in exchange for the purchase of
title insurance.
(f) Providing or paying for the printing of bulletins, flyers,
post cards, labels, etc. that promote the business of a referrer
of settlement service business.
(g) Furnishing or paying for the furnishing of office
equipment (fax machines, telephones, copy machines, etc.) to
a referrer of settlement service business.
(h) Providing or paying for cellular telephone contracts
for a referrer of settlement service business.
(i) Providing simulated panoramic home and property
tours to real estate brokers or real estate sales associates that
they utilize to promote their listings.
(j) Providing or paying for gift cards or gift certificates to
or for a referrer of settlement service business or to a
purchaser or prospective purchaser of title insurance.
(k) Sponsoring and hosting, or paying for the sponsoring
and hosting, of open houses for real estate brokers or real
estate sales associates to promote their listings.
(l) Providing or paying for food, beverages, or room
rentals at events designed to promote the business of a referrer
of settlement service business other than the title insurance
agent or agency.
(m) Paying advertising costs to advertise and promote the
listings of real estate brokers or real estate sales associates via
publications, signs, emails, websites, web pages, banners, or
other forms of media.
(n) Providing an endorsement, designation of preferred
status, approved status, or featured partner status on
publications, signs, emails, websites, web pages, banners or
other forms of media promoting the business of real estate
brokers or real estate sales associates.
(o) Paying a referrer of settlement service business to fill
out processing (order) forms in exchange for title insurance
contracts.
(p) Providing “leads” or mailing lists to or on behalf of a
referrer of settlement service business at no cost or a reduced
cost.
(q) Entering into any arrangement to provide unearned
compensation to a referrer of settlement service business.
(r) Providing, or offering to provide, non-title services,
without a charge that is commensurate with the actual cost, to
a referrer of settlement service business.
(5) Except as prohibited by Section 626.9541, F.S.,
expenditures for the following are not in violation of Section
626.9521 and subparagraph 626.9541(1)(h)3., F.S., or in
violation of this rule:
(a) No change.
(b) Furnishing educational materials, such as fliers,
brochures, pamphlets, or Frequently Asked Question sheets,
exclusively related to title insurance for a referrer of
settlement service business that are not conditioned on the
referral of business and that do not involve the defraying of
expenses that otherwise would be incurred by a referrer of
settlement service business.
(c) Compensation paid to a referrer of settlement service
business for goods and services actually performed at amounts
not exceeding the reasonable fair market value of the goods
and services and that is not intended to induce the referral of
title insurance business.
(d) Any advertising or marketing activities that directly
promote the title insurance business of the title insurance agent
or agency, which may include joint participation in marketing
with another party provided that the agent or agency pays the
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6048
proportionate share or fair market value of the costs, and does
not violate (5)(a) of this rule.
(e) through (f) No change.
The remainder of the proposed rule reads as previously
published.
DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NOS.: RULE TITLES:
69K-15.001 Course in Mortuary Science.
69K-15.002 Associate of Arts Degree in Mortuary
Science.
69K-15.003 Arrangements.
NOTICE OF CHANGE
Notice is hereby given that the following changes have been
made to the proposed rule in accordance with subparagraph
120.54(3)(d)1., F.S., published in Vol. 41 No. 208, October
26, 2015 issue of the Florida Administrative Register.
The changes are being made to address comments expressed
by the Joint Administrative Procedures Committee.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will
not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the
implementation of the rule. A SERC has not been prepared by
the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or, if no SERC is
required, the information expressly relied upon and described
herein: The Department conducted an economic analysis of
the potential impact of the proposed rule amendments and
determined that there will be no adverse economic impact or
regulatory increases that would require legislative ratification.
Any person who wishes to provide information regarding the
statement of estimated regulatory costs, or to provide a
proposal for a lower cost regulatory alternative, must do so in
writing within 21 days of this notice.
RULEMAKING AUTHORITY: 497.103, 497.161(1)(a),
497.373, F.S.
69K-15.001 Course in Mortuary Science.
(1) A The term “course in mortuary science,” will be
approved by the Board if taught as used in Sections
497.368(1)(d) and 497.370(2), F.S., shall be deemed and
construed to mean a course of study at a university school or
college accredited by the American Board of Funeral Service
Education, a university or college accredited by a regional
accrediting agency regional association of colleges and
schools recognized by the United States Department of
Education, or other colleges and universities in the subject
areas identified in paragraph 473.368(1)(d), F.S. schools as
approved by the Board, which includes the subjects of theory
and practice of embalming, restorative art, pathology,
anatomy, microbiology, chemistry, hygiene, and public health
and sanitation.
(2) No change.
Rulemaking Specific Authority 497.103, 497.368, 497.370 FS. Law
Implemented 497.368, 497.370 FS. History–New 11-11-79, Formerly
21J-15.01, Amended 8-8-88, Formerly 21J-15.001, 61G8-15.001,
Amended________.
69K-15.002 Associate of Arts Degree in Mortuary
Science.
(1) No change.
(2) A person who holds an associate degree or higher
degree from a college or university accredited by a regional
accrediting agency association of colleges and schools
recognized by the United States Department of Education and
is a graduate of at least a one-year course in mortuary science
offered by a school or college approved by the American
Board of Funeral Service Education, or by this Board, is
deemed to have completed educational requirements
equivalent to the associate degree in mortuary science as used
in paragraph Section 497.373(1)(d), F.S.
Rulemaking Specific Authority 497.103, 497.373 FS. Law
Implemented 497.373 FS. History–New 11-11-79, Amended 10-16-
85, Formerly 21J-15.02, 21J-15.002, 61G8-15.002,
Amended________.
69K-15.003 Arrangements.
(1) In addition to the activities identified in Section
497.372, F.S., the The term “arrangements,” as used in Section
497.372, F.S., shall be deemed and construed to include, but
not be limited to, the following acts:
(a) through (c) No change.
(2) In addition to the activities identified in Section
497.372, F.S., the The term “arrangements,” as used in Section
497.372, F.S., shall not be deemed and construed to include
the following acts:
The remainder of the proposed rule reads as previously
published.
Section IV
Emergency Rules
NONE
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6049
Section V
Petitions and Dispositions Regarding Rule
Variance or Waiver
DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.021 Revocation of Registration of Political
Committees and Electioneering Communications
Organizations
The Florida Department of State hereby gives notice:
Name of Petitioner: The Liberty Leadership Fund
Date Petition Filed: July 31, 2015
Rule Number: 1S-2.021(2)(f)
Nature of Rule: Revocation of Registration of Political
Committees & Electioneering Communication Organizations.
Notice of Petition was published on July 31, 2015 in the
Florida Administration Register.
Date of Final Order: December 9, 2015.
General Basis for the Agency Decision: Petitioner’s Aggregate
financial activity fell well below the minimum requirement
annually since 2013.
A copy of the Order or additional information may be
obtained by contacting: Brandy Hedges, Agency Clerk,
(850)245-6536, [email protected]., R.A.
Gray Building Suite 100, 500 S. Bronough Street, Tallahassee,
FL 32399.
DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.021 Revocation of Registration of Political
Committees and Electioneering Communications
Organizations
The Florida Department of State hereby gives notice:
Name of Petitioner: Sunshine State Freedom Fund
Date Petition Filed: July 31, 2015
Rule Number: 1S-2.021(2)(f)
Nature of Rule: Revocation of Registration of Political
Committees & Electioneering Communication Organizations.
Notice of Petition was published on July 31, 2015 in the
Florida Administration Register.
Date of Final Order: December 9, 2015.
General Basis for the Agency Decision: Petitioner’s Aggregate
financial activity fell well below the minimum requirement
annually since 2013.
A copy of the Order or additional information may be
obtained by contacting: Brandy Hedges, Agency Clerk,
(850)245-6536, [email protected], R.A.
Gray Building, Suite 100, 500 S. Bronough Street,
Tallahassee, FL 32399.
DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.021 Revocation of Registration of Political
Committees and Electioneering Communications
Organizations
The Florida Department of State hereby gives notice:
Name of Petitioner: Progressives
Date Petition Filed: July 31, 2015
Rule Number: 1S-2.021(2)(f)
Nature of Rule: Revocation of Registration of Political
Committees & Electioneering Communication Organizations.
Notice of Petition was published on July 31, 2015 in the
Florida Administration Register.
Date of Final Order: December 9, 2015
General Basis for the Agency Decision: Petitioner’s aggregate
financial activity fell well below the minimum requirements
annually since 2013.
A copy of the Order or additional information may be
obtained by contacting: Brandy Hedges, Agency Clerk,
(850)245-6536, [email protected], R.A.
Gray Building, Suite 100, 500 S. Bronough Street,
Tallahassee, FL 32399.
DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.021 Revocation of Registration of Political
Committees and Electioneering Communications
Organizations
The Florida Department of State hereby gives notice:
Name of Petitioner: Conservatives
Date Petition Filed: July 31, 2015
Rule Number: 1S-2.021(2)(f)
Nature of Rule: Revocation of Registration of Political
Committees & Electioneering Communication Organizations.
Notice of Petition was published on July 31, 2015 in the
Florida Administration Register.
Date of Final Order: December 9, 2015.
General Basis for Agency Decision: Revocation of registration
would violate principles of fairness.
A copy of the Order or additional information may be
obtained by contacting: Brandy Hedges, Agency Clerk,
(850)245-6536, [email protected], R.A.
Gray Building, Suite 100, 500 S. Bronough Street,
Tallahassee, FL 32399.
DEPARTMENT OF HEALTH
Board of Medicine
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6050
RULE NO.: RULE TITLE:
64B8-4.009 Applications
NOTICE IS HEREBY GIVEN that on December 10, 2015,
the Board of Medicine received a petition for waiver or
variance filed by Bernier Lauredan, M.D., from Rule 64B8-
4.009, F.A.C., with regard to the requirement for submission
of documentation of medical education directly from
Petitioner’s medical school. Comments on this petition should
be filed with the Board of Medicine, 4052 Bald Cypress Way,
Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of
publication of this notice.
A copy of the Petition for Variance or Waiver may be
obtained by contacting: Adrienne Rodgers, Interim Executive
Director, Board of Medicine, at the above address or
telephone: (850)245-4131.
DEPARTMENT OF HEALTH
Board of Psychology
RULE NO.: RULE TITLE:
64B19-11.005 Supervised Experience Requirements
NOTICE IS HEREBY GIVEN that on December 2, 2015 the
Board of Psychology received a petition for waiver or variance
filed by Joseph Cautilli, Ph.D., from Rule 64B19-11.005,
F.A.C., with regard to the requirements of the rule regarding
appropriate supervised experience. Comments on this petition
should be filed with the Board of Psychology, 4052 Bald
Cypress Way, Bin #C05, Tallahassee, Florida 32399-3055,
within 14 days of publication of this notice.
A copy of the Petition for Variance or Waiver may be
obtained by contacting Allen Hall, Executive Director, Board
of Psychology, at the above address or (850)245-4373.
Section VI
Notice of Meetings, Workshops and Public
Hearings
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Florida Forest Service
The Florida Forest Service announces a public meeting to
which all persons are invited.
DATE AND TIME: January 19, 2016, 1:00 p.m.
PLACE: Doyle Conner Building, 3125 Conner Boulevard,
Second Floor, Suite J, Room 239, Tallahassee, Florida 32399-
1650
GENERAL SUBJECT MATTER TO BE CONSIDERED:
General meeting items of the Off-Highway Vehicle Recreation
Advisory Committee.
A copy of the agenda may be obtained by contacting: Stefis
Demetropoulos, 3535 NE 39th Avenue, Gainesville, Florida
32609, (352)395-4923,
DEPARTMENT OF EDUCATION
Division of Florida Colleges
The Florida State College at Jacksonville District Board of
Trustees announces a Special Board meeting which is open to
the public for Tuesday, December 15, 2015. The meeting will
be held at the College’s Administrative Offices, 501 West
State Street, Jacksonville, FL 32202.
DATE AND TIME: Tuesday, December 15, 2015, 3:30 p.m. –
5:00 p.m.
PLACE: Administrative Offices, 501 West State Street, Board
Room 405, Jacksonville, FL 32202
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Special Board Meeting to consider the actions postponed from
the December 8, 2015, District Board of Trustees regular
monthly Board meeting.
Copies of the agenda will be available for inspection
beginning Friday, December 11, 2015, and copies will be
provided upon written request and the payment of approved
duplicating charges. Any person requesting to address an
agenda item at the Board of Trustees meeting will be provided
an opportunity to do so by appearing before the Board at the
meeting. Any person requesting to appeal a decision made by
the Board with respect to any matter considered at this
meeting will need a record of the proceeding for such an
appeal and may, therefore, need to ensure that a verbatim
record is made.
If special accommodations are required, please advise the
Office of the College President twenty-four (24) hours in
advance of the meeting by contacting District Board of
Trustees Project Coordinator Kimberli Sodek at (904)632-
3205 or [email protected].
Florida State College at Jacksonville hereby reaffirms the
principle of equal opportunity for all persons regardless of
race, disability, color, ethnicity, national origin, religion,
gender, age, sexual orientation/expression, marital status,
veteran status, pregnancy or genetic information. Equal
opportunity principle applies with regard to employment,
delivery of educational programs and services, and all other
appropriate areas in which the College is involved.
Florida State College at Jacksonville, Dr. Cynthia A. Bioteau,
College President
FLORIDA COMMISSION ON OFFENDER REVIEW
The Florida Commission on Offender Review announces a
workshop to which all persons are invited.
DATE AND TIME: Friday, December 18, 2015, 10:00 a.m. –
12:00 Noon
PLACE: Commission Clerk’s Conference Room, 4070
Esplanade Way, Tallahassee, Florida 32399-2450
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6051
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Rules Workshop.
A copy of the agenda may be obtained by contacting: Allen
Overstreet, Office of Commissioner Richard Davison,
(850)488-0476, [email protected].
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 2 days before the workshop/meeting by
contacting: Allen Overstreet, Office of Commissioner Richard
Davison, (850)488-0476, [email protected]. If
you are hearing or speech impaired, please contact the agency
using the Florida Relay Service, 1(800)955-8771 (TDD) or
1(800)955-8770 (Voice).
EXECUTIVE OFFICE OF THE GOVERNOR
The Florida Children and Youth Cabinet Policy Impact
Committee announces a telephone conference call to which all
persons are invited.
DATE AND TIME: December 17, 2015, 2:00 p.m. – 3:00
p.m.
PLACE: Conference call number: 1(888)670-3525, participant
passcode: 450-816-1561 then #
GENERAL SUBJECT MATTER TO BE CONSIDERED: To
discuss the Early Steps legislation filed by the Senate (SB
7034) and to review the Workgroup Alignment to the CYC
Focus Areas and Headline Indicators.
A copy of the agenda may be obtained by contacting: there is
no agenda.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 2 days before the workshop/meeting by
contacting: Tim Parson, Executive Director, Florida Children
and Youth Cabinet, (850)717-4575 or
[email protected]. If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
For more information, you may contact: Tim Parson,
Executive Director, Florida Children and Youth Cabinet,
(850)717-4575 or [email protected].
REGIONAL PLANNING COUNCILS
South Florida Regional Planning Council
The South Florida Regional Council announces a public
meeting to which all persons are invited.
DATE AND TIME: Monday, January 4, 2016, 10:30 a.m.
PLACE: South Florida Regional Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, FL 33021
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Any Development Order received prior to the meeting. Any
Generally Consistent Comprehensive Plan Amendment
Review received prior to the meeting; any Generally
Inconsistent Comprehensive Plan Amendment Review
received prior to the meeting; meeting on monthly Council
business. Council Executive Committee and subcommittees
may meet periodically before and following the regularly
scheduled Council meetings.
A copy of the agenda may be obtained by calling (954)985-
4416.
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
For more information, you may call (954)985-4416.
REGIONAL PLANNING COUNCILS
South Florida Regional Planning Council
The Southeast Florida Regional Prosperity Institute announces
a public meeting to which all persons are invited.
DATE AND TIME: Monday, January 4, 2016, 10:30 a.m.
PLACE: South Florida Regional Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, FL 33021
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Quarterly Meeting of the Southeast Florida Regional
Prosperity Institute.
A copy of the agenda may be obtained by contacting
(954)985-4416.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 3 days before the workshop/meeting by calling
(954)985-4416. If you are hearing or speech impaired, please
contact the agency using the Florida Relay Service,
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
For more information, you may call (954)985-4416.
DEPARTMENT OF ELDER AFFAIRS
Division of Volunteer and Community Services
The Department of Elder Affairs announces a public meeting
to which all persons are invited.
DATE AND TIME: January 12, 2016, 10:00 a.m.
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6052
PLACE: Florida Department of Elder Affairs, 4040 Esplanade
Way, Room 301, Tallahassee, FL 32399
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Meeting of the Tallahassee Beta Test Brain Trust to discuss
the Department's Dementia Care and Cure Initiative.
A copy of the agenda may be obtained by contacting: Korinna
MacNeill, (850)414-2341, [email protected].
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 2 days before the workshop/meeting by
contacting: Korinna MacNeill, (850)414-2341,
[email protected]. If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Cory Livingston,
(850)414-2165, [email protected] or Korinna
MacNeill, (850)414-2341, [email protected].
DEPARTMENT OF ELDER AFFAIRS
Division of Volunteer and Community Services
The Department of Elder Affairs announces a public meeting
to which all persons are invited.
DATE AND TIME: January 28, 2016, 2:00 p.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way,
Room 225 F, Tallahassee, FL 32399
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Meeting of the Tallahassee Beta Test Brain Trust to discuss
the Department's Dementia Care and Cure Initiative.
A copy of the agenda may be obtained by contacting: Korinna
MacNeill, (850)414-2341, [email protected].
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 2 hours before the workshop/meeting by
contacting: Korinna MacNeill, (850)414-2341,
[email protected]. If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Cory Livingston,
(850)414-2165, [email protected] or Korinna
MacNeill, (850)414-2341, [email protected].
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Construction Industry Licensing Board
The Construction Industry Licensing Board announces a
telephone conference call to which all persons are invited.
DATE AND TIME: Tuesday, January 12, 2016, 10:00 a.m.
PLACE: Conference call: 1(888)670-3525, conference code:
2938723619
GENERAL SUBJECT MATTER TO BE CONSIDERED:
CE/Exams/Public Awareness committee meeting of the board.
A copy of the agenda may be obtained by contacting: Amanda
Wynn, Senior Management Analyst Supervisor, 1940 North
Monroe Street, Tallahassee, FL 32399-1039, (850)487-1395.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 7 days before the workshop/meeting by
contacting: Amanda Wynn, Senior Management Analyst
Supervisor, 1940 North Monroe Street, Tallahassee, FL
32399-1039, (850)487-1395. If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
For more information, you may contact: Amanda Wynn,
Senior Management Analyst Supervisor, 1940 North Monroe
Street, Tallahassee, FL 32399-1039, (850)487-1395.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Construction Industry Licensing Board
The Construction Industry Licensing Board announces public
meetings to which all persons are invited.
DATES AND TIMES: Wednesday, January 13, 2016, 12:00
Noon; Thursday, January 14, 2016, 8:00 a.m.; Friday, January
15, 2016, 8:00 a.m.
PLACE: Hilton Cocoa Beach Oceanfront, 1550 N Atlantic
Avenue, Cocoa Beach, FL 32931
GENERAL SUBJECT MATTER TO BE CONSIDERED:
General business, disciplinary and committee meetings of the
board.
A copy of the agenda may be obtained by contacting: Amanda
Wynn, Senior Management Analyst Supervisor, 1940 North
Monroe Street, Tallahassee, FL 32399-1039, (850)487-1395.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 7 days before the workshop/meeting by
contacting: Amanda Wynn, Senior Management Analyst
Supervisor, 1940 North Monroe Street, Tallahassee, FL
32399-1039, (850)487-1395. If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6053
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
For more information, you may contact: Amanda Wynn,
Senior Management Analyst Supervisor, 1940 North Monroe
Street, Tallahassee, FL 32399-1039, (850)487-1395.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department of Environmental Protection announces a
public meeting to which all persons are invited.
DATE AND TIMES: February 10, 2015, 1:00 p.m. – 2:00
p.m. and 2:00 p.m. – 4:00 p.m.
PLACE: Douglas Building, Conference Room 137A, 3900
Commonwealth Boulevard, Tallahassee, Florida.
GENERAL SUBJECT MATTER TO BE CONSIDERED: A
workshop will commence at 1:00 p.m. and continue until not
later than 2:00 p.m., to present the revised Clean Water State
Revolving Fund (CWSRF) Fiscal Year 2016 Intended Use
Plan for public review and comment, and then, beginning at
2:00 p.m. and continuing until not later than 4:00 p.m., a
public meeting will be held to discuss the issues and
recommendations for management of the FY 2016 CWSRF
priority list of projects to be funded with loans under Chapter
62-503, Florida Administrative Code.
A copy of the agenda may be obtained by contacting: Gary
Powell, State Revolving Fund Program, 3900 Commonwealth
Boulevard, Mail Station 3505, Tallahassee, Florida 32399-
3000, (850)245-2964, [email protected].
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 5 days before the workshop/meeting by
contacting: Gary Powell as shown above. If you are hearing or
speech impaired, please contact the agency using the Florida
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
For more information, you may contact: Tim Banks, State
Revolving Fund Program, 3900 Commonwealth Boulevard,
Mail Station 3505, Tallahassee, Florida 32399-3000,
(850)245-2969, [email protected].
DEPARTMENT OF HEALTH
Board of Speech-Language Pathology and Audiology
The Florida Board of Speech-Language Audiology &
Pathology announces a public meeting to which all persons are
invited.
DATE AND TIME: December 14, 2015, 9:30 a.m.
PLACE: 1(888)670-3525, pass code: 4737341539 #
GENERAL SUBJECT MATTER TO BE CONSIDERED: To
consider cases where Probable Cause has previously been
found.
A copy of the agenda may be obtained by contacting: Claudia
Kemp., Executive Director, 4052 Bald Cypress Way, Bin
#C06, Tallahassee, FL 32399-3256.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 48 hours before the workshop/meeting by
contacting: the Board at (850)245-4588. If you are hearing or
speech impaired, please contact the agency using the Florida
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
For more information, you may contact the Board at (850)245-
4588.
DEPARTMENT OF HEALTH
Board of Respiratory Care
The Board of Respiratory Care announces a public meeting to
which all persons are invited.
DATE AND TIME: April 8, 2016, 8:30 a.m., ET
PLACE: Buena Vista Suites, 8203 World Center Drive,
Orlando, Florida 32821
GENERAL SUBJECT MATTER TO BE CONSIDERED:
General Business meeting.
A copy of the agenda may be obtained by contacting the
Board of Respiratory Care, 4052 Bald Cypress Way, BIN
#C05, Tallahassee, Florida 32399-3255, calling the board
office at (850)245-4373, ext. 3468 or visiting the website at
www.floridasrespiratorycare.gov.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 48 days before the workshop/meeting by
contacting The Department of Health at (850)245-4444, ext.
3418. If you are hearing or speech impaired, please contact the
agency using the Florida Relay Service, 1(800)955-8771
(TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the
Board with respect to any matter considered at this meeting or
hearing, he/she will need to ensure that a verbatim record of
the proceeding is made, which record includes the testimony
and evidence from which the appeal is to be issued.
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
The Department of Children and Families announces a
telephone conference call to which all persons are invited.
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6054
DATE AND TIME: Friday, December 18, 2015, 10:00 a.m. –
12:00 Noon
PLACE: Conference call: 1(888)670-3525, participant code:
671 5356 658#
GENERAL SUBJECT MATTER TO BE CONSIDERED:
The purpose of the meeting is for the Independent Living
Services Advisory Council to conduct general Council
business and continue their efforts of reviewing the
implementation and operation of the Road-to-Independence
Program.
A copy of the agenda may be obtained by contacting: Becky
Pengelley, Department of Children and Families, (850)717-
4218, [email protected].
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 1 day before the workshop/meeting by
contacting: Becky Pengelley, Department of Children and
Families, (850)717-4218,
[email protected]. If you are hearing or
speech impaired, please contact the agency using the Florida
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
The Department of Children and Families announces a
telephone conference call to which all persons are invited.
DATE AND TIME: Thursday, December 17, 2015, 8:00 a.m.
– 9:00 a.m.
PLACE: Conference call: 1(888)670-3525, participant code:
671 5356 658#
GENERAL SUBJECT MATTER TO BE CONSIDERED:
The purpose of the meeting is for the Independent Living
Services Advisory Council to conduct general Council
business and continue their efforts of reviewing the
implementation and operation of the Road-to-Independence
Program.
A copy of the agenda may be obtained by contacting: Becky
Pengelley, Department of Children and Families, (850)717-
4218, [email protected].
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 1 day before the workshop/meeting by
contacting: Becky Pengelley, Department of Children and
Families, (850)717-4218,
[email protected]. If you are hearing or
speech impaired, please contact the agency using the Florida
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
FLORIDA ATLANTIC RESEARCH AND DEVELOPMENT
AUTHORITY
The Florida Atlantic Research & Development Authority
announces a public meeting to which all persons are invited.
DATE AND TIME: January 19, 2015, 8:00 a.m.
PLACE: Technology Business Incubator - Conference Room,
3651 FAU Blvd., Suite 400, Boca Raton, FL 33431
GENERAL SUBJECT MATTER TO BE CONSIDERED: HR
Committee Meeting.
A copy of the agenda may be obtained by contacting Christine
Burres, [email protected].
Section VII
Notice of Petitions and Dispositions
Regarding Declaratory Statements
DEPARTMENT OF MANAGEMENT SERVICES
NOTICE IS HEREBY GIVEN that the Public Employees
Relations Commission has received the petition for
declaratory statement from the Edison State College Faculty
Federation, Case No. DS-2015-003. The petition seeks the
agency’s opinion as to the applicability of Section 447.401,
Florida Statutes, as it applies to the petitioner.
The petitioner is seeking a declaratory statement from PERC
as to (1) whether a union’s participation as a party to a
grievance procedure is limited to those circumstances where it
has specifically negotiated that it may file or process a
grievance in its own name and (2) whether a certified
bargaining agent’s right to initiate and process grievances in
its own name flows from its duty to bargain on behalf of
bargaining unit employees and from its status as a signatory to
a collective bargaining agreement.
A copy of the Petition for Declaratory Statement may be
obtained by contacting: The Clerk, Public Employees
Relations Commission, 4708 Capital Circle NW, Suite 300,
Tallahassee, Florida 32303-7256.
Please refer all comments to: The Clerk, Public Employees
Relations Commission, 4708 Capital Circle NW, Suite 300,
Tallahassee, Florida 32303-7256.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Division of Florida Condominiums, Timeshares and Mobile
Homes
NOTICE IS HEREBY GIVEN that the Division of Florida
Condominiums, Timeshares, and Mobile Homes, Department
of Business and Professional Regulation, State of Florida, has
received a petition for declaratory statement from James E.
Olsen, Esq., In Re: Alhambra Village No. 1 Association, Inc.,
Docket No. 2015053107, filed on December 7, 2015. The
petition seeks the agency’s opinion as to the applicability of
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6055
Section 718.112(2)(d)2., Florida Statutes, as it applies to the
petitioner:
Whether a husband and wife, as co-tenants who do not own a
condominium unit, may serve on the Association’s board of
directors simultaneously when a husband and wife who own a
single condominium unit would be prohibited from serving on
the board simultaneously pursuant to Section 718.112(2)(d)2.,
Florida Statutes?
A copy of the Petition for Declaratory Statement may be
obtained by contacting: Rikki Anderson, Administrative
Assistant II, at Department of Business and Professional
Regulation, Division of Florida Condominiums, Timeshares,
and Mobile Homes, 1940 North Monroe Street, Tallahassee,
Florida 32399-2217, (850)717-1415,
Please refer all comments to: Robin E. Smith, Chief Attorney,
Department of Business and Professional Regulation, Division
of Florida Condominiums, Timeshares, and Mobile Homes,
1940 North Monroe Street, Tallahassee, Florida 32399-2202.
Responses, motions to intervene, or requests for an agency
hearing, §120.57(2), Fla. Stat., must be filed within 21 days of
this notice.
DEPARTMENT OF FINANCIAL SERVICES
Finance
NOTICE IS HEREBY GIVEN that the Office of Financial
Regulation has received the petition for declaratory statement
from Murex Home Sales, LLC and Wheeler Capital Partners
on December 9, 2015. The petition seeks the agency’s opinion
as to the applicability of Chapter 494, Florida Statutes, as it
applies to the petitioner.
The petition seeks a declaratory statement from the Office
with regard to the interpretation of Section 494.001(17), the
definition of a “loan originator”; (a) whether Petitioner
(Murex) is required to be licensed as a Florida mortgage loan
originator; and (b) whether Petitioner (Wheeler) would be
acting in violation of its license in providing counseling and
advice to customers of Murex.
A copy of the Petition for Declaratory Statement may be
obtained by contacting: Agency Clerk, Office of Financial
Regulation, P.O. Box 8050, Tallahassee, Florida 32314-8050,
(850)410-9643 or [email protected].
Please refer all comments to: Agency Clerk, Office of
Financial Regulation, P.O. Box 8050, Tallahassee, Florida
32314-8050, (850)410-9643 or [email protected].
DEPARTMENT OF FINANCIAL SERVICES
Finance
NOTICE IS HEREBY GIVEN that the Office of Financial
Regulation has issued an order disposing of the petition for
declaratory statement filed by Gabysa Dollar Discount Corp.,
on September 29, 2015. The following is a summary of the
agency’s disposition of the petition:
The petition sought a declaratory statement from the Office for
clarification on two issues as they pertain to Petitioner’s
circumstances: 1) How is the 5% of total gross income limit
calculated under in Section 560.304, F.S.; and 2) Are
authorized vendors of Money Transmitter Licensees permitted
to perform all activities permitted by licensees under Section
560.203, F.S.? On December 10, 2015, the Office issued a
Final Order addressing the Petition. Issue (1) The relevant
“last 60 days” are those 60 days immediately preceding the
date a payment instrument was cashed; and Issue (2) denied (a
petition for a declaratory statement which seeks approval of
acts which have already occurred is properly denied, see
Novick, 816 So. 2d at 1240).
A copy of the Order Disposing of the Petition for Declaratory
Statement may be obtained by contacting: Agency Clerk,
Office of Financial Regulation, P.O. Box 8050, Tallahassee,
Florida 32314-8050, (850)410-9643.
Section VIII
Notice of Petitions and Dispositions
Regarding the Validity of Rules
Notice of Petition for Administrative Determination has been
filled with the Division of Administrative Hearings on the
following rules:
NONE
Notice of Disposition of Petition for Administrative
Determination has been filled with the Division of
Administrative Hearings on the following rules:
NONE
Section IX
Notice of Petitions and Dispositions
Regarding Non-rule Policy Challenges
NONE
Section X
Announcements and Objection Reports of
the Joint Adminstrative Procedures
Committee
NONE
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6056
Section XI
Notices Regarding Bids, Proposals and
Purchasing
DEPARTMENT OF EDUCATION
Florida International University
RULE NO.: RULE TITLE:
6C8-5.009 Use of University Facilities (Repealed)
6C8-5.009-Use Of University Facilities
The Florida International University Board of Trustees
(hereinafter referred to as “FIU” or “Owner”) announces that
construction engineering and inspection services will be
required for the project listed below:
PROJECT NAME AND NUMBER: Construction engineering
and inspection services for BT-904 University City Prosperity
Project Infrastructure Improvements, FM No. 434688-1,
Contract ARI73 Federal Aid Number TGER-002-A
(collectively referred to as the “Project”)
PROJECT LOCATION: Infrastructure improvements for this
Project will be located along SW 109th Avenue between SW
6th Street at the northern terminus and the Green Library at
the southern terminus within FIU. Various project elements
will be located on FIU property, City of Sweetwater Right-of-
Way, South Florida Water Management District Right-of-
Way, Florida Department of Transportation (FDOT) Right-of-
Way, and Miami-Dade County Right-of-Way.
PROJECT DESCRIPTION: On September 5, 2013, FIU was
notified by the United States Department of Transportation
(USDOT) that it had been selected as a recipient of a 2013
Transportation Investment Generating Economic Recovery
(TIGER) Grant for the Project. TIGER funds will be used to
construct urban design and infrastructure improvements for
the Project, including a new pedestrian bridge, complete
streets, and other pedestrian-oriented transit access
improvements. These infrastructure improvements will
support the economic growth of FIU, a major public research
university, and the adjacent City of Sweetwater.
Following the September 2013 notification, FIU retained an
engineering firm to act as a Design Criteria Professional and
prepare Design-Build criteria, which included schematic
plans, specifications and estimates. The foregoing plans,
specifications and estimates, along with other documents and
requirements, were released as part of a Request for Proposals
for Design-Build services that was advertised on June 30,
2014. Five qualification submissions from Design-Build firms
were received on July 30, 2014 and three firms were short-
listed and asked to submit complete proposals. Design-Build
firm selection interviews were conducted on November 5,
2015 and the MCM-Figg team was selected as the winning
firm. Execution of the Design-Build Contract is scheduled to
occur in mid-January 2016. Following the Contract Execution
and Notice to Proceed the development of final fully-
engineered designs, plans and specifications will begin. Links
to further information on the Project and the Design-Build
firm selection process and proposal can be found at the Project
web page, http://facilities.fiu.edu/projects/BT-904.htm. Firms
considering submission of qualifications for construction
engineering and inspection services should become familiar
with the Project by visiting the proposed construction site and
referring to the links on the Project web page. The Design-
Build Request for Proposals located on the Project website
contains Design-Build criteria drawings and other important
information as well as the selected proposal. It is the
responsibility of potential construction engineering and
inspection consultants to check the website for updates and
changes on a daily basis as information posted therein may be
updated or changed without notice.
SERVICES REQUESTED BY THE REQUEST FOR
QUALIFICATIONS: The services requested by the Request
for Qualifications (RFQ) shall include engineering and related
professional and administrative and testing services by firms
with prior FDOT Local Agency Program (LAP) experience
and who are pre-qualified by FDOT in certain categories of
work. Experience with the requirements of USDOT and
Federal Highway Administration (FHWA) funded projects is
required. FDOT pre-qualified civil engineering firms
interested in providing services must submit qualifications and
other information in the format further described in the
Project’s RFQ documents (including referenced documents)
for “Construction Engineering and Inspection Services for BT-
904 UniversityCity Prosperity Project Infrastructure
Improvements.” FIU plans to contract with one engineering
consulting firm (hereinafter referred to as “CEI” or
“Consultant”) to provide the foregoing construction
engineering and inspection services. In addition to the
foregoing construction engineering and inspection services,
the Consultant will be required to prepare and submit full
compliance documentation as required by FDOT/LAP and
FHWA processes, procedures and regulations.
In order to minimize the possibility of unethical pressures or
influences on the recommendations of the selection
committee, direct contact with the committee members
throughout the selection process is not permitted. The
committee members are:
1. John Cal, Associate Vice-President, FIU Facilities
Management
2. Alberto Delgado, Construction Project Manager, FIU
Facilities Management
3. Barbara Espino, Construction Manager & LAP Coordinator,
FDOT District VI
4. Eric Gomez, City Engineer, City of Sweetwater
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6057
Funding for this project is through an FHWA TIGER grant in
addition to local match funds from FIU and the City of
Sweetwater. Grant funding reimbursements shall be
administered through the FDOT LAP. The CEI must be
familiar with the compliance requirements of the program, see
http://www.dot.state.fl.us/programmanagement/LAP/Default.s
htm. FHWA-1273 requirements (Non-Discrimination, Non-
Segregation, Davis-Bacon, etc.) must be incorporated in their
entirety (not by reference) into all contracts and subcontracts
for this project.
SELECTION PROCESS: Firms desiring to provide
construction engineering and inspection services for the
Project shall submit a letter of application and a completed
FIU Professional Qualifications Supplement (FIUPQS) form.
Proposals must not exceed 40 pages, including the FIUPQS
form and letter of application. This 40 page limit is exclusive
of the specific “Other Statements, Forms and Documentation”
also required to be submitted for this Project as described in
the RFQ. Pages must be numbered consecutively. Submittals
which do not comply with these requirements or do not
include the requested data will not be considered. No
submittal material will be returned.
QUALIFICATIONS REQUIREMENTS: In addition to other
requirements included in the FIUPQS form, the CEI firm team
member(s) involved in professional services, as engineer
and/or architect, and construction services, as a certified
general contractor, shall meet the requirements of Section
287.055, Florida Statutes, at the time of the FIUPQS
submittal. Corporate entities must be registered to operate in
the State of Florida by the Department of State, Division of
Corporations, at the time of application. As required by
Section 287.133, Florida Statutes, a firm may not submit a
proposal for this project if it is on the convicted vendor list for
a public entity crime committed within the past thirty-six (36)
months. The selected CEI firm must warrant that it will neither
utilize the services of, nor contract with, any supplier,
subcontractor, or sub-consultant in excess of $15,000.00 in
connection with this Project for a period of thirty-six (36)
months from the date of them being placed on the convicted
vendor list.
The FIUPQS form may be obtained from the website,
http://facilities.fiu.edu/projects/BT‐904.htm. Other Project
materials will also be posted on this webpage and prospective
proposers should check the page for updates on a daily basis.
Requests for meetings by individual firms will not be granted.
Once the firm acquires the required forms, questions may be
directed to Facilities Planning at (305)348-4090 or via email
One (1) original and (7) bound copies (eight [8] in total) of the
required qualification data shall be submitted together with
one exact electronic copy of all submitted documents as a
single combined PDF file on a CD-ROM, DVD or Flash
Drive. Consultants must include a primary and secondary
email address together with telephone number(s) to allow for
direct official contact by FIU during the selection process if
contact or notifications, in addition to normal website
postings, become necessary.
The complete RFQ and other requirements can be obtained
from the FIU Facilities website,
http://facilities.fiu.edu/projects/BT‐904.htm.
NOTE: The Consultant shall be FDOT prequalified in the
following work categories: Work Type 10.1-Roadway
Construction Engineering and Inspection (CEI), Work Type
10.4-Minor Bridge and Miscellaneous Structures CEI, Work
Type 10.5-Major Bridge CEI in those 10.5 sub-categories
appropriate to the Design-Build bridge proposed for this
Project including 10.5.1 – Major Bridge CEI Concrete as well
as experience with inspection of suspension or cable-stayed
and post-tensioned bridges.
For this Project Categories 10.1 and 10.4 are considered to be
the major type of work and 10.5.1 is considered to be the
minor type of work. The primary/prime Consultant must be
prequalified in the major type of work. The Consultant shall
also be prequalified, on its own or through FDOT- approved
sub-consultant(s), in the following work categories: 10.5-
Major Bridge CEI and Vertical Building Construction and
CPTED.
Any firm not prequalified by the FDOT and desiring
consideration for the Project must submit a complete Request
for Qualification Application to [email protected]
by the advertised “Letter of Response Deadline Date and
Time.”
Notwithstanding the contrary statements on the standard
FIUPQS Form and Instructions, “Specialty Consultants”
whom the applicant considers necessary may be listed and
named when applying for this Project.
ALL APPLICANTS SHOULD REVIEW THE CONTRACT
REQUIREMENTS, RFQ AND STANDARD INSURANCE
REQUIREMENTS CAREFULLY PRIOR TO MAKING A
DECISION AS TO WHETHER OR NOT TO RESPOND TO
THIS ADVERTISEMENT.
SUBMIT QUALIFICATIONS TO: Selection Committee, FIU
Facilities Planning, Campus Support Complex Room 142,
Modesto Maidique Campus, 11555 SW 17th Street, Miami,
FL 33199. Submittals must be received between 8:30 a.m. and
12:30 p.m. OR 1:30 p.m. and 4:00 p.m. local time, Tuesday,
January 12, 2016. Submittals will not be accepted before or
after the times and date stated above. Email submittals and
facsimile (fax) submittals are not acceptable and will not be
considered. The respondent shall bear all costs associated with
the preparation and submission of the response to this
solicitation.
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6058
DEPARTMENT OF EDUCATION
School Districts
DCSB No. M-83970/OFDC-ITB-003-16
DUVAL COUNTY PUBLIC SCHOOLS ADVERTISEMENT
FOR BIDS-Invitation to Bid for an Electrical
Contractor/Publish Date – December 11, 2015. Sealed bids
will be received by Duval County Public Schools, Division of
Facilities, Room 535, 1701 Prudential Drive, Jacksonville, FL
32207 until the time and date(s) recorded below and
immediately thereafter publicly opened and recorded in the
Duval County Public Schools, School Board Building, located
at 1701 Prudential Drive, Jacksonville, Florida, 5th Floor,
Room 538. BIDS ARE DUE ON OR BEFORE JANUARY
12, 2016 AND WILL BE ACCEPTED UNTIL 2:00 P.M.
OFFICIAL PROJECT TITLE: Intercom System Replacement
at Jean Ribault High School No. 96/DCSB Project No. M-
83970/OFDC-ITB-003-16. SCOPE OF WORK: The project
consists of replacement of the intercom system. The estimated
construction cost is not to exceed $346,000.00. All contractors
that are interested in bidding are required to attend a
mandatory pre-bid conference to be held December 18, 2015
from 10:00 a.m. – 10:30 a.m. at Jean Ribault High School,
3701 Winton Drive, Jacksonville, FL 32208. Failure to attend
the pre-bid conference shall result in disqualification of that
firm’s proposal. Attendees will be required to sign an
attendance register. Project funding is subject to availability of
funds as authorized by the Owner. The District reserves the
right to reject any and all bids. Contract documents for bidding
may be obtained at the office of: ARC Document Solutions,
4613 Phillips Highway, Suite 202, Jacksonville, FL 32207,
(904)399-8946. Contract documents for bidding may be
examined at the Duval County Public Schools Administration
Building located at 1701 Prudential Drive, Jacksonville, FL
32207. Name of A/E Firm: Haddad Engineering, Inc., 2955
Hartley Road, Suite 205, Jacksonville, FL 32257, telephone:
(904)262-5066. OEO Participation Goal: Encouragement. All
Contractors submitting bids must be prequalified with Duval
County Public Schools at the time of the bid opening. No bids
will be accepted from Contractors who are not prequalified
with Duval County Public Schools. Prequalification forms and
information may be obtained at www.duvalschools.org under
Departments/Facilities/Forms and Standards/General
Documents/Contractor Prequalification Procedures. The Bid
Award Recommendation will be posted on the first floor
bulletin board at the Duval County School Board Building,
1701 Prudential Drive, Jacksonville, Florida 32207-8182.
DEPARTMENT OF EDUCATION
School Districts
DCSB No. M-83700/OFDC-RFQ-001-16
NOTICE TO PROFESSIONAL CONSULTANTS - OFFICE
OF FACILITIES DESIGN AND CONSTRUCTION Duval
County Public Schools - Request for Qualifications (RFQ)
OFDC RFQ-001-16 Professional Services for Industrial
Hygiene and Environmental Consulting Services on a
Continuing Contract Basis/DCSB Project No. M-
83700/Publish date December 11, 2015. The Office of
Facilities Design and Construction announces that
professional services are required for a contract for Industrial
Hygiene and Environmental Consulting Services on a
Continuing Contract Basis for Duval County Public Schools.
The firm selected under this contract will be responsible for
assigned projects having estimated study fees not exceeding
the threshold amount of $200,000, provided for in §287.055,
Florida Statutes. This will be a multiple award contract for an
initial period of one year with an option to renew for two
additional one-year periods. The selected firm(s) shall be
required to execute the Duval County School Board standard
form of agreement. Applicants are advised that plans,
drawings and specifications for these projects become the
property of the Owner.
Applications are to be sent to: Duval County Public Schools
Facilities Design and Construction, 1701 Prudential Drive –
5th Floor, Jacksonville, FL 32207-8182; PROJECT
MANAGER: Bruce Ackerman, (904)390-2363, RESPONSE
DUE DATE: RFQ RESPONSES ARE DUE ON OR
BEFORE JANUARY 21, 2016 AND WILL BE ACCEPTED
UNTIL 4:30 P.M., OEO GOALS: Encouragement (Based on
the available MBE’s). Information on the selection process
can be found at Information on the selection process can be
found at http://www.duvalschools.org/. Follow website to
Departments / Facilities/ Professional Services Selection
Booklets / Selection of the Industrial Hygiene-Environmental
Services Consultant (DOC).
DEPARTMENT OF EDUCATION
School Districts
Request for Qualifications(RFQ)-Architecture/Engineering
Prof Serv for New IT Data Center Bldg
and Renovate Existing Data Center at Team Center Bldg
3002A/DCSB Proj. No.TPDC-99780-3002/OFDC-RFQ-002-
16
NOTICE TO PROFESSIONAL CONSULTANTS - OFFICE
OF FACILITIES DESIGN AND CONSTRUCTION -
Request for Qualifications (RFQ) OFDC-RFQ-002-16 -
Professional Services -Architectural/Engineering Services.
Publish Date December 11, 2015. The Office of Facilities
Design and Construction announces that
Architectural/Engineering Professional Services are required
for a project entitled NEW IT DATA CENTER BUILDING
AND EXISTING DATA CENTER RENOVATIONS AT
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6059
TEAM CENTER BLDG NO. 3002A/ DCSB Project No.
TPDC–99780-3002 for Duval County Public Schools. The
firm selected will be responsible for design, bid review and
construction administration of this project having an estimated
construction cost of approximately $3,500,000
(CONSTRUCTION BUDGET). Applicants are advised that
all plans, drawings and specifications for this project may be
reused by the Owner for future projects in the School District.
Applications are to be sent to: Duval County Public
Schools/Facilities Design and Construction, 1701 Prudential
Drive – 5th Floor, Jacksonville, FL 32207-8182; PROJECT
MANAGER: Tony Gimenez, (904)390-2945; RESPONSE
DUE DATE: JANUARY 14, 2016 AND WILL BE
ACCEPTED UNTIL 4:30 P.M. MBE GOALS: 10% M/WBE.
Only African American, Asian American, and Hispanic
American firms certified with DCPS can be used towards
meeting this goal. Information on the selection process can be
found at www.duvalschools.org. Follow website to
Departments / Facilities/ Professional Services Selection
Booklets / Selection of the Architect/Engineer (DOCX).
DEPARTMENT OF MANAGEMENT SERVICES
Division of Building Construction
MECH/ELEC COMMISSIONING
NOTICE TO PROFESSIONAL CONSULTANTS
DEPARTMENT OF MANAGEMENT SERVICES
DIVISION OF REAL ESTATE DEVELOPMENT AND
MANAGEMENT
PUBLIC ANNOUNCEMENT FOR
MECHANICAL/ELECTRICAL ENGINEERING FIRMS
TO PROVIDE COMMISSIONING SERVICE FOR
CONTINUING CONTRACTS STATEWIDE
December 11, 2015
Project Number: N/A
Project Location: Statewide
The State of Florida, Department of Management Services,
Division of Real Estate Development and Management
requests qualifications from Mechanical/Electrical
Engineering Firms to provide statewide Commissioning
Services in the State of Florida.
For details please visit the Department’s website listed below
and click on “Search Advertisements – Division of Real Estate
Development and Management.”
http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu.
EARLY LEARNING COALITION OF NORTH FLORIDA
Request for Proposals #ELCNF-16/17-001 for School
Readiness and Voluntary Prekindergarten Services
EARLY LEARNING COALITION OF NORTH FLORIDA,
INC.
Request for Proposal #ELCNF-16/17-001
School Readiness and Voluntary Prekindergarten Services
The Early Learning Coalition of North Florida, Inc. is
requesting proposals for School Readiness and Voluntary
Prekindergarten services in Baker, Bradford, Clay, Nassau,
Putnam, and St. Johns Counties. The potential contractor will
be responsible for coordinating and delivering School
Readiness services to children birth through 12 years of age
and Voluntary Prekindergarten (VPK) services for four year
old children in fiscal year 2016/2017. Services include Child
Care Resource and Referral, Inclusion, Quality Support
Services, Eligibility and Enrollment, and Fiscal
Administration.
The Request for Proposal will be released December 7, 2015
and may be obtained at www.elcnorthflorida.org. The Notice
of Intent to Submit a Proposal is due to the Coalition no later
than January 4, 2016, 4:00 p.m. (ET). The deadline for all
sealed proposals to be submitted to the Coalition is no later
than February 8, 2016, 4:00 p.m. (ET). The date, time, and
location of the Public Opening of Proposals are included in the
Calendar of Events in the RFP document that will be posted to
the Coalition website, as well as all other dates, times, and
locations of events as they relate to this RFP. The anticipated
dates for the Posting of the Notice of Intended Award are
March 17 – March 21, 2016 to the Coalition’s website:
www.elcnorthflorida.org. Certified Minority Business
Enterprises are encouraged to submit a proposal.
Only written correspondence and/or inquiries directed to the
Coalition’s Procurement Manager (who is the sole point of
contact with the Coalition for purposes of this RFP) will be
accepted. The Procurement Manager’s name and contact
information is: Tajaro Dixon, Early Learning Coalition of
North Florida, 2450 Old Moultrie Rd, Suite 103, St.
Augustine, FL 32086, and/or [email protected]. The
Coalition will not participate in any inquiries by phone. Only
email inquiries will be responded to and only during the
scheduled Question and Answer time frame. Information
obtained from any other source is not official and should not
be relied upon. Violation of this “no contact” provision may
result in the disqualification of the Proposer from this
solicitation.
After the release of this RFP, if any solicitation revisions
become necessary or appropriate, as determined by the
Coalition, the Coalition will electronically post the addenda to
the Coalition’s website: www.elcnorthflorida.org. Proposers
are responsible for checking the Coalition website and
contacting the Coalition’s Point of Contact for this solicitation
before the RFP deadline to ascertain whether any addenda
have been issued.
The Early Learning Coalition of North Florida, Inc. reserves
the right to reject any and all solicitations or ignore or correct
minor irregularities when it is in the best interest of the
Coalition.
Florida Administrative Register Volume 41, Number 239, December 11, 2015
6060
Funding Sources: The services described in this RFQ and the
resulting Contract will be funded by the General Revenue
from the State of Florida and Federal funds. The State of
Florida Voluntary Pre-Kindergarten Program is 100% state
funded. Per the July 1, 2015 OEL School Readiness Notice of
Award for the ELC of North Florida, the School Readiness
Program is approximately 75% federally funded, 24% state
funded, and less than 1% funded by non-governmental sources
(CCEP).
Sponsored by: the Early Learning Coalition of North Florida,
Inc. and the Office of Early Learning.
Section XII
Miscellaneous
DEPARTMENT OF FINANCIAL SERVICES
FSC - Financial Institution Regulation
Office of Financial Regulation
NOTICE OF FILINGS
Financial Services Commission
Office of Financial Regulation
Notice is hereby given that the Office of Financial Regulation,
Division of Financial Institutions, has received the following
application. Comments may be submitted to the Division
Director, 200 East Gaines Street, Tallahassee, Florida 32399-
0371, for inclusion in the official record without requesting a
hearing. However, pursuant to provisions specified in Chapter
69U-105, Florida Administrative Code, any person may
request a public hearing by filing a petition with the Agency
Clerk as follows:
By Mail or Facsimile OR By Hand Delivery
Agency Clerk Agency Clerk
Office of Financial Regulation Office of Financial Regulation
P.O. Box 8050 The Fletcher Building, Suite 118
Tallahassee, Florida 32314-8050 101 East Gaines Street
Phone: (850)410-9889 Tallahassee, Florida 32399-0379
Fax: (850)410-9663 Phone: (850)410-9889
The Petition must be received by the Clerk within twenty-one
(21) days of publication of this notice (by 5:00 p.m.,
December 31, 2015):
APPLICATION TO ESTABLISH AN INTERNATIONAL
REPRESENTATIVE OFFICE
– AMENDED (APPLICATION TYPE)
Applicant and Location: Banque SYZ SA, Rue du Rhône 30,
P.O. Box 5015, CH-1211, Geneva 11, Switzerland
Proposed Florida Location: 801 Brickell Avenue, Miami,
Florida 33131
Received: December 8, 2015
DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No.: DEO-15-199
NOTICE IS HEREBY GIVEN that the Florida Department of
Economic Opportunity issued Final Order No. DEO-15-199
on December 8, 2015, in response to an application submitted
by Canterbury at Jacaranda Homeowners Association, Inc. for
covenant revitalization under Chapter 720, Part III, Florida
Statutes.
The Department’s Final Order granted the application for
covenant revitalization after determining that the application
met the statutory requirements for covenant revitalization.
Copies of the final order may be obtained by writing to the
Agency Clerk, Department of Economic Opportunity, 107 E.
Madison Street, MSC 110, Tallahassee, Florida 32399-4128 or
Section XIII
Index to Rules Filed During Preceeding
Week
NOTE: The above section will be published on Tuesday
beginning October 2, 2012, unless Monday is a holiday, then it
will be published on Wednesday of that week.
_______________________________________________