Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Section I PURPOSE AND EFFECT: The purpose of the rule Notices of Development of Proposed Rules development workshops is to provide an opportunity for the public (including educators, administrators, students and and Negotiated Rulemaking parents) to provide input on the revisions to the K-12 Science Sunshine State Standards. The workshop will give an DEPARTMENT OF AGRICULTURE AND CONSUMER opportunity for DOE personnel and members of the standards SERVICES writing team to explain and describe the revision process as Division of Aquaculture well as allow for questions from the audience on the revised RULE NO.: RULE TITLE: Science standards. The effect of the meeting will be a better 5L-1.003 Shellfish Harvesting Area Standards informed public on how the science standards revision process PURPOSE AND EFFECT: This amendment proposes to was conducted as well as answering questions attendees may reclassify the Body B shellfish harvesting area. A sanitary have regarding the revised mathematics standards. survey has been conducted that evaluated current information SUBJECT AREA TO BE ADDRESSED: Revised Sunshine on pollution sources and bacteriological water quality, and State Standards – Science. recommends reclassification of the Body B shellfish harvesting SPECIFIC AUTHORITY: 1001.02 FS. area. LAW IMPLEMENTED: 1001.03 FS. SUBJECT AREA TO BE ADDRESSED: The proposed A RULE DEVELOPMENT WORKSHOP WILL BE HELD reclassification and management of the Body B shellfish AT THE DATE, TIME AND PLACE SHOWN BELOW: harvesting area for shellfish harvesting is in accordance with DATES AND TIMES: January 3, 2008, 5:30 p.m. – 7:00 p.m. 5L-1.003 to protect the health of shellfish consumers and to January 8, 2008, 5:30 p.m. – 7:00 p.m. provide access to renewable shellfish resources. PLACE: January 3, 2008 – The Schultz Center for Teaching SPECIFIC AUTHORITY: 597.020 FS. and Leadership, 4019 Boulevard Center Drive, Jacksonville, LAW IMPLEMENTED: 597.020 FS. FL 32207; (904)348-5757 A RULE DEVELOPMENT WORKSHOP WILL BE HELD January 8, 2008 – Everglades High School, 17100 S. W. 48 AT THE DATE, TIME AND PLACE SHOWN BELOW: CT., Miramar, FL 33025; (754)323-0500 DATE AND TIME: January 7, 2008, 4:00 p.m. – 6:00 p.m. THE PERSON TO BE CONTACTED REGARDING THE PLACE: Titusville City Public Library, 2121 South Hopkins PROPOSED RULE DEVELOPMENT AND A COPY OF Ave, Room #2, Titusville, Florida 32780 THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Todd Pursuant to the provisions of the Americans with Disabilities Clark, Deputy Director, Florida’s Office of Mathematics and Act, any person requiring special accommodations to Science, Department of Education, 325 West Gaines Street, participate in this workshop/meeting is asked to advise the Room 501, (850)245-0764, [email protected] agency at least 7 days days before the workshop/meeting by THE PRELIMINARY TEXT OF THE PROPOSED RULE contacting: Chris Brooks, Division of Aquaculture, 1203 DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida THE CONTACT PERSON LISTED ABOVE. 32301, phone: (850)488-4033. If you are hearing or speech impaired, please contact the agency using the Florida Relay DEPARTMENT OF EDUCATION Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). State Board of Education THE PERSON TO BE CONTACTED REGARDING THE RULE NO.: RULE TITLE: PROPOSED RULE DEVELOPMENT AND A COPY OF 6A-1.094221 Alternative Standardized Reading THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Chris Assessment and Use of Student Brooks, Division of Aquaculture, 1203 Governor’s Square Portfolio for Good Cause Boulevard, 5th Floor, Tallahassee, Florida 32301, Phone: Promotion (850)488-4033 PURPOSE AND EFFECT: The purpose of this rule revision is THE PRELIMINARY TEXT OF THE PROPOSED RULE to provide guidance relating to the statewide public school DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM student progression law eliminating social promotion, by THE CONTACT PERSON LISTED ABOVE. including the Stanford Achievement Test (SAT)-10 as an alternative assessment for students scoring at Level 1 on the DEPARTMENT OF EDUCATION grade three Florida Comprehensive Assessment Test (FCAT). State Board of Education Since the original rule development, the FCAT Norm RULE NO.: RULE TITLE: Referenced Test (NRT) has changed from SAT-9 to SAT-10. 6A-1.09401 Student Performance Standards The effect of this rule revision will be that students who score

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5689 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 at Level 1 on the grade three FCAT Reading may be promoted BOARD OF TRUSTEES OF THE INTERNAL to grade four if an acceptable level of performance is IMPROVEMENT TRUST FUND demonstrated on the alternative assessment, SAT-9 or SAT 10. Notices for the Board of Trustees of the Internal Improvement SUBJECT AREA TO BE ADDRESSED: Reading and Trust Fund between December 28, 2001 and June 30, 2006, go Assessment. to http://www.dep.state.fl.us/ under the link or button titled SPECIFIC AUTHORITY: 1008.25(8)(b) FS. “Official Notices.” LAW IMPLEMENTED: 1008.25(6)(b)3. FS. IF REQUESTED IN WRITING AND NOT DEEMED DEPARTMENT OF CORRECTIONS UNNECESSARY BY THE AGENCY HEAD, A RULE RULE NO.: RULE TITLE: DEVELOPMENT WORKSHOP WILL BE NOTICED IN 33-102.101 Public Information and Inspection of THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Records WEEKLY. PURPOSE AND EFFECT: The purpose and effect of the THE PERSON TO BE CONTACTED REGARDING THE proposed rule is to amend form DC1-201, Invoice for PROPOSED RULE DEVELOPMENT AND A COPY OF Production of Records for clarity regarding redaction of THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Evan confidential and/or exempt material. Lefsky, Executive Director, Just Read, Florida!, 325 West SUBJECT AREA TO BE ADDRESSED: Public information Gaines Street, Tallahassee, Florida; (850)245-9529 and inspection of records. THE PRELIMINARY TEXT OF THE PROPOSED RULE SPECIFIC AUTHORITY: 944.09 FS. DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM LAW IMPLEMENTED: 119.07, 120.53 FS. THE CONTACT PERSON LISTED ABOVE. IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEPARTMENT OF EDUCATION DEVELOPMENT WORKSHOP WILL BE NOTICED IN State Board of Education THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE RULE NO.: RULE TITLE: WEEKLY. 6A-20.0331 Florida Public Postsecondary Career THE PERSON TO BE CONTACTED REGARDING THE Education Student Assistance Grant PROPOSED RULE DEVELOPMENT AND A COPY OF PURPOSE AND EFFECT: The purpose of this rule is to THE PRELIMINARY DRAFT IS: Jamie Leigh Jordan, 2601 implement the Florida Postsecondary Career Education Blair Stone Road, Tallahassee, Florida 32399-2500 Student Assistance Grant. The effect will be to ensure that clear eligibility requirements are stated as well as provisions THE PRELIMINARY TEXT OF THE PROPOSED RULE relating to the award of the grant and institutional DEVELOPMENT IS: responsibilities for reporting. 33-102.101 Public Information and Inspection of Records. SUBJECT AREA TO BE ADDRESSED: Student Financial (1) through (4) No change. Assistance through the Florida Public Career Education Grant. (5) When copies requested pursuant to this rule are SPECIFIC AUTHORITY: 1009.21, 1009.40, 1009.42, available to be picked up or for mailing, the requestor shall be 1009.505 FS. notified of the costs of reproduction as specified in subsections LAW IMPLEMENTED: 1009.21, 1009.40, 1009.42, (2) and (3) on an Invoice for Production of Records, Form 1009.505 FS. DC1-201. Form DC1-201 shall also indicate if any information IF REQUESTED IN WRITING AND NOT DEEMED is redacted from the copies provided as required by state law. UNNECESSARY BY THE AGENCY HEAD, A RULE Form DC1-201 is hereby incorporated by reference. Copies of DEVELOPMENT WORKSHOP WILL BE NOTICED IN this form are available from the Forms Control Administrator, THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Office of Research, Planning and Support Services, 2601 Blair WEEKLY. Stone Road, Tallahassee, Florida 32399-2500. The effective THE PERSON TO BE CONTACTED REGARDING THE date of Form DC1-201 is ______12-5-05. PROPOSED RULE DEVELOPMENT AND A COPY OF Specific Authority 944.09 FS. Law Implemented 119.07, 120.53 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lynn History–New 10-8-76, Amended 2-24-81, Formerly 33-1.04, Abbott, Agency Clerk, Department of Education, 325 West Amended 6-9-86, 2-9-88, Formerly 33-1.004, Amended 10-29-01, Gaines Street, Room 1514, Tallahassee, Florida 32399-0400 12-5-05,______. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.

5690 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

WATER MANAGEMENT DISTRICTS notice of the application shall be published in a newspaper as Southwest Florida Water Management District provided above. In addition, the District shall provide a letter RULE NO.: RULE TITLE: giving notice of receipt of the application to any person who 40D-1.603 Permit Application Procedures has filed a written request within the immediately preceding PURPOSE AND EFFECT: The purpose of this rule six months for notification of any pending applications amendment is to clarify that in order to be considered as timely, affecting the particular designated area. Each notice and letter an application to renew a permit must be received by the shall state that interested persons shall have the opportunity to District not later than the expiration date of the permit to be inspect a copy of the application and submit written comments renewed. The effect will be to clarify when permit renewal concerning the application. The District may request persons applications must be received in order to avoid having a permit submitting objections or comments to furnish additional expire. information. In addition, each notice and letter will advise that SUBJECT AREA TO BE ADDRESSED: District Permitting if notice of agency action or opportunity to request an Procedures. administrative hearing pursuant to Chapter 120, F.S., regarding SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS. a permit application is desired, a written request referencing the permit application number must be filed with and received LAW IMPLEMENTED: 373.116, 373.118, 373.229, 373.413, by the Processing and Records Section by the date specified in 120.60(4) FS. the letter, newspaper notice or the posted notice as applicable IF REQUESTED IN WRITING AND NOT DEEMED pursuant to this subsection. The date specified in such notice or UNNECESSARY BY THE AGENCY HEAD, A RULE letter to obtain notice of agency action or to request a hearing DEVELOPMENT WORKSHOP WILL BE NOTICED IN shall be no less than that 14 days from the date of mailing, THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE publication or posting as applicable. Upon request, the District WEEKLY. will provide the applicant with a copy of all objections and THE PERSON TO BE CONTACTED REGARDING THE comments received. PROPOSED RULE DEVELOPMENT AND A COPY OF (3) through (7) No change. THE PRELIMINARY DRAFT IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, (8) Holders of renewable licenses or permits shall make Brooksville, FL 34604-6899, (352)796-7211, extension 4651 timely and sufficient application for renewal so as to avoid expiration during the renewal process. Application for a license THE PRELIMINARY TEXT OF THE PROPOSED RULE or permit renewal is timely only if actually received at the DEVELOPMENT IS: District prior to expiration of the existing license or permit. Mailing the application does not constitute receipt by the 40D-1.603 Permit Application Procedures. District. When timely and sufficient application for renewal is (1) No change. made, the existing license or permit shall not expire until the (2) No later than 30 days after receipt of an initial application for renewal has been finally acted upon by the application or modification of an application for renewal or District, or if the license or permit is denied or the terms of the modification of an individual surface water management license or permit are limited, until the last day for seeking permit, an individual Environmental Resource Permit or an review of the District action or a later date fixed by order of the individual water use permit application for withdrawals of reviewing court. 500,000 gpd annual average daily or greater pursuant to Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented Chapter 40D-2, F.A.C., the District shall publish notice thereof 373.116, 373.118, 373.229, 373.413, 120.60(4) F.S. History–New in a newspaper having general circulation as defined in 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, Chapter 50, F.S. Upon receipt of an application for an initial or 7-2-98, 7-22-99, 11-8-00, 9-26-02,______. renewal or modification of a general Environmental Resource Permit pursuant to Chapter 40D-40, F.A.C., a general surface WATER MANAGEMENT DISTRICTS water management permit pursuant to Chapter 40D-40, F.A.C., Southwest Florida Water Management District (January 11, 1993) or a noticed general surface water RULE NO.: RULE TITLE: management permit pursuant to Chapter 40D-400, F.A.C., or 40D-1.659 Forms and Instructions for a general water use permit for less than 500,000 gpd annual PURPOSE AND EFFECT: The purpose of this rule average daily pursuant to Chapter 40D-2, F.A.C., the District amendment is to incorporate by reference an Electronic shall post notice thereof in the District’s headquarters and in Transaction Agreement form approved by the District each of the District’s service offices. In the event that after Governing Board. The effect will be to establish the standard posting of notice an application for a general permit is procedures to be used by persons who wish to communicate modified such that it is an application for an individual permit, electronically with the District.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5691 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

SUBJECT AREA TO BE ADDRESSED: Agency Forms. SUBJECT AREA TO BE ADDRESSED: Water Use SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, Permitting. 373.171, 373.337 FS. SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 LAW IMPLEMENTED: 373.116, 373.206, 373.207, 373.209, FS. 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.416, 373.419, 373.421 FS. 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, IF REQUESTED IN WRITING AND NOT DEEMED 373.239, 373.243 FS. UNNECESSARY BY THE AGENCY HEAD, A RULE IF REQUESTED IN WRITING AND NOT DEEMED DEVELOPMENT WORKSHOP WILL BE NOTICED IN UNNECESSARY BY THE AGENCY HEAD, A RULE THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE DEVELOPMENT WORKSHOP WILL BE NOTICED IN WEEKLY. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE PERSON TO BE CONTACTED REGARDING THE WEEKLY. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PERSON TO BE CONTACTED REGARDING THE THE PRELIMINARY DRAFT IS: Martha A. Moore, Senior PROPOSED RULE DEVELOPMENT AND A COPY OF Attorney, Office of General Counsel, 2379 Broad Street, THE PRELIMINARY DRAFT IS: Martha A. Moore, Senior Brooksville, FL 34604-6899, (352)796-7211, extension 4651 Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651 THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: 40D-1.659 Forms and Instructions. The following forms and instructions have been approved by 40D-2.091 Publications Incorporated by Reference. the Governing Board and are incorporated by reference into The following publications are hereby incorporated by this chapter. Copies of these forms may be obtained from the reference into this Chapter, and are available from the District District. upon request: GROUNDWATER (1) Water Use Permit Information Manual Part B, "Basis (1) through (25) No change. of Review ( )(10/07) and Part D, "Requirements for the SURFACE WATER Estimation of Permanent and Temporal Service Area (1) through (14) No change. Populations in the Southern Water Use Caution Area (1/07); OTHER (2) through (5) No change. (1) ELECTRONIC TRANSACTION AGREEMENT, Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law FORM LEG-R .014.00 (11-07). Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421 FS. 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 10-22-07, 11-25-07, . 40D-1.901, 40D-1.1.901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, Water Use Permit Information Manual 9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07, Part B, Basis of Review 11-11-07, 11-25-07, . 1.14 PERMIT COMPLIANCE Pumpage in excess of the amount permitted is a violation of the WATER MANAGEMENT DISTRICTS permit. The District generally addresses Southwest Florida Water Management District this violation according to the following procedures. RULE NO.: RULE TITLE: If over-pumpage is reported, District staff will issue a Notice of 40D-2.091 Publications Incorporated by Noncompliance and request that the Permittee provide a Reference written response, which includes an explanation of the PURPOSE AND EFFECT: The purpose of this rule over-pumpage, within 30 days of issuance of the Notice of amendment is to incorporate by reference a revised Water Use Noncompliance, which will be placed in the permit file. If the Permit Information Manual, Part B, “Basis of Review” (BOR). Permittee timely responds to the Notice of Noncompliance and The effect will be to delete former BOR subsection 1.14 Permit demonstrates that the recurrence of over-pumpage is due to a Compliance, which describes an outdated permit compliance calculation or reporting error or a one-time occurrence (such as process.

5692 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 a pipeline break) and is unlikely to reoccur and no adverse revised Water Use Permitting Manual Part B, Basis of Review impacts have occurred, the overpumpage will be excused and (BOR). The effect of the amendments will be to make Rule no enforcement action will be taken. If overpumpage is not due 40D-2.361(1), F.A.C., consistent with Rule 40D-1.603, F.A.C., to a calculation or reporting error or other one-time occurrence which is also being amended to clarify that in order to be and is ongoing, the Permittee must include in its written considered as timely, an application to renew a permit must be response a description of actions being taken to bring water received by the District not later than the expiration date of the withdrawals into compliance. Compliance could involve, permit to be renewed. Amendments are made to Section 1.11 among other things, reducing pumpage, mitigating any adverse of the BOR to reference Rule 40D-1.603(8), F.A.C., correct impacts caused by overpumping or obtaining, if permittable, a typographical errors, and conform the language to subsection modification of the permit for an increased withdrawal 120.60(4), F.S. quantity. If the Permittee does not adequately address the SUBJECT AREA TO BE ADDRESSED: Water Use overpumpage and bring pumpage into compliance in a timely Permitting. manner, further enforcement action will be taken by the SPECIFIC AUTHORITY: 373.044, 373.103, 373.113, District. Enforcement action includes but is not limited to the 373.118, 373.149, 373.171, 373.216, 373.249 FS. assessment of monetary penalties and recovery of District LAW IMPLEMENTED: 373.036, 373.0361, 373.042, enforcement-related costs. Once corrected, if unexcused 373.0421, 373.0831, 373.103, 373.116, 373.117, 373.118, overpumpage occurs again during the permit duration, the 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, District will proceed directly to enforcement action. If the 373.229, 373.239, 373.243 FS. District determines that the Permittee is likely to need an IF REQUESTED IN WRITING AND NOT DEEMED increase in the quantity permitted, the Permittee must submit UNNECESSARY BY THE AGENCY HEAD, A RULE an application for modification of the permit. If the Permittee DEVELOPMENT WORKSHOP WILL BE NOTICED IN continues to exceed the quantities permitted without obtaining THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE a modification, the District may then take appropriate WEEKLY. enforcement action. If the permit is due for renewal within 1 THE PERSON TO BE CONTACTED REGARDING THE year of the violation, and no adverse impacts are expected as a PROPOSED RULE DEVELOPMENT AND A COPY OF result of the over-pumpage, the modification may be addressed THE PRELIMINARY DRAFT IS: Martha A. Moore, Senior at renewal. Attorney, Office of General Counsel, 2379 Broad Street, Agricultural water use quantities are determined using the Brooksville, FL 34604-6899, (352)796-7211, extension 4651 District’s irrigation agricultural water use permitting model. The permitted quantities derived from this model are based on THE PRELIMINARY TEXT OF THE PROPOSED RULE various climatic scenarios a 2-in-10 year drought occurrence. It DEVELOPMENT IS: is therefore anticipated that, because of varying climatic conditions and other factors, an agricultural permittee's water 40D-2.091 Publications Incorporated by Reference. use may vary both below, and occasionally above, the The following publications are hereby incorporated by permitted quantity. These factors will be taken into reference into this Chapter, and are available from the District consideration when comparing actual use with permitted upon request: quantities. (1) Water Use Permit Information Manual Part B, "Basis The District will also issue Notices of Noncompliance and of Review ( ) (10/07) and Part D, "Requirements for the undertake comparable compliance or enforcement action for Estimation of Permanent and Temporal Service Area other permit condition violations, such as nonsubmittal of Populations in the Southern Water Use Caution Area (1/07); pumpage meter readings, monitoring and other required (2) through (5) No change. reports; and failure to mitigate adverse impacts resulting from Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law water use. Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, WATER MANAGEMENT DISTRICTS 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, Southwest Florida Water Management District 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, RULE NOS.: RULE TITLES: 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 40D-2.091 Publications Incorporated by 10-22-07, 11-25-07, . Reference 40D-2.361 Renewal of Permits 40D-2.361 Renewal of Permits. PURPOSE AND EFFECT: The purpose of this rulemaking is (1) Applications for renewal of permits shall be made no to clarify when renewal applications must be submitted in earlier than 1 year and should be made no later than that 90 order to avoid having a permit expire and to incorporate a days prior to the expiration date of the permit. Application for

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5693 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 a permit renewal is timely only if actually received at the Review (BOR). Section 7.3 of the BOR is revised to delete an District prior to expiration of the existing permit. Mailing the unnecessary sentence in the lead paragraph describing the application does not constitute receipt by the District. NTBWUCA. The effect will be to correctly include that (2)(a) Subsection (1) above shall be applicable to those portion of Section 24, Township 29, Range 19 north of State permits which are not extended pursuant to subsection Road 60 within the legal description of the NTBWUCA, and 40D-2.321(6)(5), F.A.C., based on the expiration date on the eliminate a potentially unclear sentence. face of the permit. SUBJECT AREA TO BE ADDRESSED: Water Use (b) Subsection (1) above shall be applicable to those Permitting. permits which are extended pursuant to subsection SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 40D-2.321(6)(5), F.A.C., based on the revised expiration date FS. assigned to the permit. LAW IMPLEMENTED: 373.036, 373.0361, 373.042, Specific Authority 373.044, 373.103, 373.113, 373.118, 373.149, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.103, 373.239 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, FS. History–Readopted 10-5-74, Formerly 16J-2.14(2), Amended 373.239, 373.243 FS. 9-1-84, 10-1-89, 7-2-98, 7-28-98,______. IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE WATER USE PERMIT INFORMATION MANUAL PART B, DEVELOPMENT WORKSHOP WILL BE NOTICED IN BASIS OF REVIEW THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 1.0 PERMITTING PROCEDURES WEEKLY. 1.11 RENEWAL OF PERMITS THE PERSON TO BE CONTACTED REGARDING THE 1. Applications for permit renewal may be made at any PROPOSED RULE DEVELOPMENT AND A COPY OF time within 1 year prior to permit expiration, except as THE PRELIMINARY DRAFT IS: Martha A. Moore, Senior provided in Basis of Review Section 1.12. Permittees are Attorney, Office of General Counsel, 2379 Broad Street, encouraged to apply for renewal at least 90 days prior to the Brooksville, FL 34604-6899, (352)796-7211, extension 4651 expiration date. Permits for which renewal applications have been timely submitted consistent with the provisions of THE PRELIMINARY TEXT OF THE PROPOSED RULE subsection 40D-1.603(8), F.A.C., and that are under evaluation DEVELOPMENT IS: by the District shall remain in force past the expiration date 40D-2.091 Publications Incorporated by Reference. until final action is taken by the District, or if the permit is denied or the terms of the permit limited, until the last day for The following publications are hereby incorporated by seeking review of the District action or a later date fixed by reference into this Chapter, and are available from the District order of the reviewing court. upon request: 2. Subsection 1. above shall be applicable to those permits (1) Water Use Permit Information Manual Part B, "Basis which are not extended pursuant to Rule 40D-2.321(6)(5), of Review ( )(10/07) and Part D, "Requirements for the F.A.C., and Section 1.9 above, based on the expiration date on Estimation of Permanent and Temporal Service Area the face of the permit. Populations in the Southern Water Use Caution Area (1/07); 3. Subsection 1. above shall be applicable to those permits (2) through (5) No change. which are extended pursuant to Rule 40D-2.321(6)(5), F.A.C., Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law and Section 1.9 above, based on the revised expiration date Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, assigned to the permit. 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243, F.S. History–New Amended 1-1-07, Revised 8-23-07,______. 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, WATER MANAGEMENT DISTRICTS 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, Southwest Florida Water Management District 10-22-07, 11-25-07,______. RULE NOS.: RULE TITLES: 40D-2.801 Water-Use Caution Areas. 40D-2.091 Publications Incorporated by (1) through (2) No change. Reference (3) The regions described in this Rule have been declared 40D-2.801 Water-Use Caution Areas Water Use Caution Areas by the District Governing Board. PURPOSE AND EFFECT: The purpose of these rule The Rule reaffirms the declaration of Water Use Caution Areas amendments is to correct the legal description of the Northern and creates conditions applied to water users in those areas. Tampa Bay Water Use Caution Area (NTBWUCA) appearing in Rule 40D-2.801(3), F.A.C., and incorporate by reference a revised Water Use Permit Information Manual Part B, Basis of

5694 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(a) Northern Tampa Bay Water Use Caution Area. To WATER USE PERMIT INFORMATION MANUAL, PART B address ground water withdrawals that have resulted in BASIS OF REVIEW lowering of lake levels, destruction or deterioration of 7.0 WATER USE CAUTION AREAS wetlands, reduction in streamflow, and salt water intrusion, the 7.3 NORTHERN TAMPA BAY WATER USE CAUTION Governing Board declared portions of northern Hillsborough AREA County, southwestern Pasco County, and all of Pinellas County The Governing Board originally declared portions of a Water Use Caution Area on June 28, 1989, pursuant to Hillsborough and Pasco Counties, and all of Pinellas County a Resolution Number 934. The Governing Board approved Water Use Caution Area (WUCA) on June 28, 1989. The expansion of the boundaries of the Water Use Caution Area in Governing Board approved expansion of the boundaries of the June 2007. Water Use Caution Area in June 2007. The area designated is 1. The boundary for the Northern Tampa Bay Water Use shown in Figure 7.3-1; the legal description is provided in Caution Area is as follows: paragraph 40D-2.801(3)(a), F.A.C. As of the effective date of All of Pinellas County; this rule, all existing water use permits within the Water Use All of Pasco County; Caution Area are modified to incorporate the applicable That portion of Hillsborough County within the following measures and conditions described below. Valid permits, sections (all Townships are South; all Ranges are East): legally in effect as of the effective date of this rule, are Township 27, Range 17: All Sections; hereafter referred to as existing permits. Existing permits Township 27, Range 18: All Sections; within those portions of the Water use Caution Area added in Township 27, Range 19: All Sections; 2007 shall have until July 1, 2008 to comply with the Township 27, Range 20: All Sections; provisions of this rule. Applicable permit conditions, as specified below, are incorporated into all existing water use Township 27, Range 21: All Sections; permits in the Water Use Caution Area and shall be placed on Township 27, Range 22: All Sections; new permits issued for withdrawals located within the Area. Township 28, Range 17: All Sections; However, both the language and the application of any permit Township 28, Range 18: All Sections; conditions listed may be modified when appropriate. Township 28, Range 19: All Sections; These portions of the Basis of Review for the Northern Tampa Township 28, Range 20: All Sections; Bay Water Use Caution Area are intended to supplement the Township 28, Range 21: All Sections; other provisions of the Basis of Review and are not intended to Township 28, Range 22: All Sections; supersede or replace them. If there is a conflict between Township 29, Range 17: All Sections; requirements, the more stringent provision shall prevail. Township 29, Range 18: All Sections; 1. through 8. No change. Township 30, Range 17: All Sections; Township 30, Range 18: All Sections; WATER MANAGEMENT DISTRICTS Township 29, Range 22: All Sections North of State Road South Florida Water Management District 60; RULE NO.: RULE TITLE: Township 29, Range 21: All Sections North of State Road 40E-2.091 Publications Incorporated by 60; Reference Township 29, Range 20: All Sections North of State Road PURPOSE AND EFFECT: To amend the rules to provide 60: clarity and certainty regarding water allocation for the Lake Township 29, Range 19: Section 24 North of State Road Okeechobee Service Area. Specifically, the District proposes 60 and aAll remaining Sections except 22, 23, 25, 26, 27 and to establish use classifications for water supply and to clarify 34 through-36. the public interest test for this service area. 2. through 3. No change. SUBJECT AREA TO BE ADDRESSED: Use classifications and the public interest test. (b) No change. SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS. Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented LAW IMPLEMENTED: 373.042, 373.0421, 373.219, 373.0395, 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223, FS. History–Readopted 10-5-74, Formerly 16J-3.30, Amended 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 10-1-89, 11-15-90, 3-1-91, 7-29-93, 1-1-03, 1-1-07, 373.239 FS. 10-1-07,______.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5695 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

A RULE DEVELOPMENT WORKSHOP WILL BE HELD PLACE: Palm Beach County Cooperative Extension Service AT THE DATE, TIME AND PLACE SHOWN BELOW: Exhibit Hall B (near Mounts Botanical Garden), 559 N. DATE AND TIME: December 17, 2007, 1:00 p.m. Military Trail,West Palm Beach, FL 33415-1311 PLACE: Palm Beach County Cooperative Extension Service Pursuant to the provisions of the Americans with Disabilities Exhibit Hall B (near Mounts Botanical Garden), 559 N. Act, any person requiring special accommodations to Military Trail, West Palm Beach, FL 33415-1311 participate in this workshop/meeting is asked to advise the Pursuant to the provisions of the Americans with Disabilities agency at least 5 days before the workshop/meeting by Act, any person requiring special accommodations to contacting: South Florida Water Management District Clerk, participate in this workshop/meeting is asked to advise the 1(800)432-2045, ext. 2087 or (561)682-2087. If you are agency at least 5 days before the workshop/meeting by hearing or speech impaired, please contact the agency using the contacting: South Florida Water Management District Clerk, Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)432-2045, ext. 2087 or (561)682-2087. If you are 1(800)955-8770 (Voice). hearing or speech impaired, please contact the agency using the THE PERSON TO BE CONTACTED REGARDING THE Florida Relay Service, 1(800)955-8771 (TDD) or PROPOSED RULE DEVELOPMENT AND A COPY OF 1(800)955-8770 (Voice). THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Marjorie THE PERSON TO BE CONTACTED REGARDING THE Craig, Water Supply Department Director, South Florida Water PROPOSED RULE DEVELOPMENT AND A COPY OF Management District, P. O. Box 24680, West Palm Beach, FL THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Keith 33416-4680, 1(800)432-2045, ext. 2987 or (561)682-2987, Smith, Deputy Department Director, Water Supply email: [email protected]. For procedural questions, contact Department, South Florida Water Management District, P. O. Jan Sluth, Paralegal, South Florida Water Management Box 24680, West Palm Beach, FL 33416-4680, District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6620 or (561)682-6620, email: 1(800)432-2045, ext. 6299 or (561)682-6299, email: [email protected]. For procedural questions, contact Jan [email protected] Sluth, Paralegal, South Florida Water Management District, THE PRELIMINARY TEXT OF THE PROPOSED RULE P. O. Box 24680, West Palm Beach, FL 33416-4680, DEVELOPMENT IS NOT AVAILABLE. 1(800)432-2045, ext. 6299 or (561)682-6299, email: [email protected] DEPARTMENT OF BUSINESS AND PROFESSIONAL THE PRELIMINARY TEXT OF THE PROPOSED RULE REGULATION DEVELOPMENT IS NOT AVAILABLE. Board of Professional Engineers RULE NO.: RULE TITLE: WATER MANAGEMENT DISTRICTS 61G15-18.011 Definitions South Florida Water Management District PURPOSE AND EFFECT: Purpose and effect is to add a new RULE NO.: RULE TITLE: definition for “principal officers of the business organization” 40E-20.091 Publications Incorporated by for purposes of Section 471.023 F.S. Reference SUBJECT AREA TO BE ADDRESSED: Definitions. PURPOSE AND EFFECT: To provide clarity and certainty SPECIFIC AUTHORITY: 471.003(2)(f), 471.008, regarding water allocation for the Lake Okeechobee Service 471.013(1)(a)1., 2. FS. Area. Specifically, the District proposes to establish use LAW IMPLEMENTED: 471.003(2)(f), 471.005(6), classifications for water supply and to clarify the public 471.013(1)(a)1., 2., 471.025(3), 471.033(1)(j) FS. interest test for this service area. IF REQUESTED IN WRITING AND NOT DEEMED SUBJECT AREA TO BE ADDRESSED: Basis of Review for UNNECESSARY BY THE AGENCY HEAD, A RULE Water Use Permit Applications within the South Florida Water DEVELOPMENT WORKSHOP WILL BE NOTICED IN Management District – Use classifications and the public THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE interest test. WEEKLY. SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS. THE PERSON TO BE CONTACTED REGARDING THE LAW IMPLEMENTED: 373.042, 373.0421, 373.219, PROPOSED RULE DEVELOPMENT AND A COPY OF 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carrie 373.239 FS. Flynn, Executive Director, Board of Professional Engineers, A RULE DEVELOPMENT WORKSHOP WILL BE HELD 2507 Callaway Road, Suite 200, Tallahassee, Florida 32301 AT THE DATE, TIME AND PLACE SHOWN BELOW: THE PRELIMINARY TEXT OF THE PROPOSED RULE DATE AND TIME: December 17, 2007, 1:00 p.m. DEVELOPMENT IS NOT AVAILABLE.

5696 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DEPARTMENT OF BUSINESS AND PROFESSIONAL F.A.C., it is to amend rule title and to add new requirements for REGULATION engineering documents; for Rules 61G15-30.005 and Board of Professional Engineers 61G15-30.006, F.A.C., it is to amend rule title; for Rules RULE NO.: RULE TITLE: 61G15-30.007 and Rule 61G15-30.009, F.A.C., it is to clarify 61G15-22.015 Compliance with Mandatory Florida existing language. Building Code Training; SUBJECT AREA TO BE ADDRESSED: Energy Continuing Education Conservation Compliance; Purpose; Definitions Common to PURPOSE AND EFFECT: Purpose and effect is to add a new All Engineer’s Responsibility Rules; Engineering Document rule governing Compliance with Mandatory Florida Building Classification; Request for and Review of Delegated Code Training and Continuing Education in this area. Engineering Documents; Delegated Engineer’s Responsibility; SUBJECT AREA TO BE ADDRESSED: Compliance with Prime Professional’s Responsibility; Retention of Engineering Mandatory Florida Building Code Training and Continuing Documents. Education in this area. SPECIFIC AUTHORITY: 471.008, 471.033(2) FS. SPECIFIC AUTHORITY: 471.0195 FS. LAW IMPLEMENTED: 471.023, 471.025, 471.030, LAW IMPLEMENTED: 471.0195 FS. 471.033(1)(g),(j) FS. IF REQUESTED IN WRITING AND NOT DEEMED IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY. WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carrie THE PRELIMINARY DRAFT IS: Carrie Flynn, Executive Flynn, Executive Director, Board of Professional Engineers, Director, Board of Professional Engineers, 2507 Callaway 2507 Callaway Road, Suite 200, Tallahassee, Florida 32301 Road, Suite 200, Tallahassee, Florida 32301 THE PRELIMINARY TEXT OF THE PROPOSED RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE. DEVELOPMENT IS:

DEPARTMENT OF BUSINESS AND PROFESSIONAL 61G15-30.001 Purpose. REGULATION The Board has adopted these responsibility rules pursuant to Board of Professional Engineers Section 471.033(2), F.S., to safeguard the life, health, property RULE NOS.: RULE TITLES: and welfare of the public by promoting proper conduct in the 61G15-30.001 Purpose practice of engineering and due care and regard for acceptable 61G15-30.002 Definitions Common to All engineering principles and standards. The Board considers that Engineer’s Responsibility Rules professional engineers may avoid disciplinary actions by 61G15-30.003 Minimum Requirements for observing the procedures set forth herein. Failure to comply Engineering Documents with these rules may be considered as noncompliance with 61G15-30.005 Delegation of Engineering subsection 61G15-19.001(4), F.A.C., unless the deviation or Documents: Obligations of the departure therefrom is justified by the specific circumstances Engineer of Record of the project in question and the sound professional judgment 61G15-30.006 Delegation of Engineering of the engineer. Furthermore, these rules are intended to apply Documents: Obligations of the as general guidelines where no contractual relationship exists Delegated Engineer of Record between the parties addressed herein. These rules are not 61G15-30.007 Prime Professional’s Responsibility intended to take precedence over contractual relationships 61G15-30.009 Retention of Engineering Documents developed between the parties addressed herein, so long as 61G15-30.010 Energy Conservation Compliance those contractual relationships do not violate Chapter 471, F.S., PURPOSE AND EFFECT: The purpose and effect for or the stated purpose of these responsibility rules or any other 61G15-30.0004 is to establish a new rule for setting forth rule promulgated pursuant thereto. These responsibility rules engineer responsibilities in the process of preparing data shall apply to every person holding a certificate of registration relative to energy conservation compliance; for Rule as a professional engineer, every certified engineer intern, and 61G15-30.001, F.A.C., it is to clarify and update existing every holder of a certificate of authorization, as appropriate. A language; for Rule 61G15-30.002, F.A.C., it is to add new professional engineer’s practices, education, training, categories of engineering definitions; for Rule 61G15-30.003, experience, qualifications, technical competence, conduct, and

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5697 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 responsibilities in connection with his authorized engineering (a) Information that provides material specifications practice, services, and creative work are subject to regulation required for the safe operation of the system that is a result of solely by the Board of professional engineers, and the courts, engineering calculations, knowledge and experience. and local jurisdictions. (b) List Federal, State, Municipal, and County standards, Specific Authority 471.033(2), 471.008 FS. Law Implemented codes, ordinances, laws, and rules, with their effective dates, 471.033(1) FS. History–New 1-26-93, Formerly 21H-30.001, that the Engineering Documents are intended to conform to. Amended______. (c) Information, as determined by the Engineer of Record, needed for the safe and efficient operation of the system. 61G15-30.002 Definitions Common to All Engineer’s (d) List engineering design criteria; reference project Responsibility Rules. specific studies, reports, and delegated Engineering (1) through (6) No change. Documents. (7) “Engineering Documents Prepared for Public Record” (e) Identify clearly elements of the design that vary from are those documents filed for public record with the Authority the governing standards and depict/identify the alternate Having Jurisdiction (AHJ) to determine compliance with method used to ensure compliance with the stated purpose of Codes and Standards and to be used for execution of the these Responsibility Rules. project. These documents are required to be signed and sealed. (2) Engineers shall legibly indicate their name and (8) Shop Drawings: Drawings depicting installation means business address, on engineering documents. Engineering and methods, catalog information on standard products, documents which are issued for preliminary or conceptual use, prepared by a contractor, manufacturers, or professional shall clearly note the intended purpose of such documents. engineers for incorporation into the project which are prepared (3) When elements of the project are shown on an based on engineering direction contained in Engineering engineering document only for information or clarification and Documents. Shop drawings do not require the signature, date the Engineer does not intend to accept responsibility for the and seal of a professional engineer. elements, the engineer shall clearly note on the documents the (9) Record Documents: Documents that are a compiled extent of his responsibility. representation of the constructed project. If the engineer is (4) Engineering drawings shall be legible and conform to relying on information provided by others not under the direct good drafting practices. They must also comply with Chapter supervision and control of the engineer, then the engineer shall 61G15-23, F.A.C., Seals. not be required to sign, date and seal these Documents. If (5) Engineers shall clearly note on any preliminary relying on information by others, as a minimum, the following engineering documents that such documents are not in final shall be included on the Documents: form, but are being transmitted to the public agency to receive (a) Statement that the documents are a compiled agency reviews, comments and interpretations. The documents representation of the constructed project. may subsequently be revised by the engineer to reflect (b) Listing of the sources and basis of information used in resolution of issues with the public agency prior to final action the preparation of the Documents. by the agency. Changes, revisions and modifications to a (c) Statement that the Documents are believed to be project may prompt additional document submittal for agency correct to the best of the engineer's knowledge, and that the approval action on the same project. accuracy of the information cannot be guaranteed. Specific Authority 471.033(2), 471.008 FS. Law Implemented Specific Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g), 471.025(3) FS. History–New 1-26-93, Formerly 471.033(1), 471.023, 471.025 FS. History–New 1-26-93, Formerly 21H-30.003, Amended ______. 21H-30.002, Amended ______. 61G15-30.005 Delegation of Engineering Documents: 61G15-30.003 Minimum Requirements for Engineering Obligations of the Engineer of Record Request for and Review Documents Engineering Document Classification. of Delegated Engineering Documents. (1) Engineering Documents are prepared in the course of (1) through (2) No change (The existing text on this rule performing engineering services. When prepared for inclusion already has the proper subsection numbers) with an application for a general building permit, the Documents shall meet all Engineer's Responsibility Rules and Specific Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.005, be of sufficient clarity to indicate the location, nature and Amended______. extent of the work proposed and show in detail that it will conform to the provisions of the Florida Building Code and 61G15-30.006 Delegation of Engineering Documents: relevant laws, ordinances, rules and regulations, as determined Obligations of the Delegated Engineer of Record Delegated by the AHJ. The Documents shall include: Engineer’s Responsibility. (1) through (3) No change.

5698 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Specific Authority 471.033(2), 471.008 FS. Law Implemented Rule 61G15-33.002, F.A.C., it is to clarify and amend existing 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.006. definitions, add a new definition for Electrical Delegated Engineering Documents and delete unnecessary language; for 61G15-30.007 Prime Professional’s Responsibility. Rule 61G15-33.003, F.A.C., it is to clarify existing language, It is the responsibility of the prime professional engineer, delete unnecessary language and add new requirements with where one exists, to retain and coordinate the services of such respect to power systems; for Rule 61G15-33.004, F.A.C., it is other professionals as needed to complete the services to update existing language and add new requirements with contracted for the project. respect to lighting systems; for Rule 61G15-33.005, F.A.C., it Specific Authority 471.033(2), 471.008 FS. Law Implemented is to clarify existing language, delete unnecessary language and 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.007, add new requirements with respect to electrical engineering Amended ______. documents for communications systems; for Rule 61G15-33.006, F.A.C., it is to amend rule title, to clarify 61G15-30.009 Retention of Engineering Documents. existing language, delete unnecessary language and add new At least one copy of all documents displaying the licensee’s requirements with respect to alarm and signaling systems and signature, seal, date and all related calculations shall be electrical engineering documents for alarm and signaling retained by the licensee or the licensee’s employer for a systems construction documents; for Rule 61G15-33.007, minimum of three years from the date the documents were F.A.C., it is to clarify and update the existing language and add sealed. These documents shall be maintained in any readily new requirements with respect to electrical engineering accessible format. documents for lightning protection systems; for Rule Specific Authority 471.008, 471.033(2) FS. Law Implemented 61G15-33.008, F.A.C., it is to clarify and update the existing 471.033(1)(g), (j) FS. History–New 5-9-04, Amended language; for Rule 61G15-33.010, F.A.C., it is to establish a ______. new rule that will govern the certification of electrical systems of public interest. 61G15-30.010 Energy Conservation Compliance. SUBJECT AREA TO BE ADDRESSED: General The engineer who prepares the compliance calculations, and Responsibility; Definitions; Design of Heating Ventilation and certifies the accuracy thereof, shall verify that the building Air Conditioning Systems; Design of Plumbing Systems. construction documents conform to compliance calculations. SPECIFIC AUTHORITY: 471.008, 471.033(2), 553.73 Data used in calculations shall be under the signature, date and (13-413.1 FBC) FS. seal of the responsible design professionals. The Engineer of LAW IMPLEMENTED: 471.033 FS. Record for energy conservation compliance calculations shall IF REQUESTED IN WRITING AND NOT DEEMED retain the signed, dated and sealed data as provided for in Rule UNNECESSARY BY THE AGENCY HEAD, A RULE 61G15-30.009, F.A.C., Retention of Engineering Documents. DEVELOPMENT WORKSHOP WILL BE NOTICED IN Specific Authority 471.008, 471.033(2) FS. Law Implemented THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 471.033(1)(g), (j) FS. History–New______. WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF BUSINESS AND PROFESSIONAL PROPOSED RULE DEVELOPMENT AND A COPY OF REGULATION THE PRELIMINARY DRAFT IS: Carrie Flynn, Executive Board of Professional Engineers Director, Board of Professional Engineers, 2507 Callaway RULE NOS.: RULE TITLES: Road, Suite 200, Tallahassee, Florida 32301 61G15-33.001 General Responsibility 61G15-33.002 Definitions THE PRELIMINARY TEXT OF THE PROPOSED RULE 61G15-33.003 Design of Power Systems DEVELOPMENT IS: 61G15-33.004 Design of Lighting Systems 61G15-33.005 Design of Communications Systems 61G15-33.001 General Responsibility. 61G15-33.006 Design of Alarm and Signaling Electrical Engineering documents shall be prepared utilizing in Systems accordance with applicable technologiesy and shall comply 61G15-33.007 Design of Lightning Protection with the requirements of the authority having jurisdiction. The Systems documents shall identify the Engineer of record for the 61G15-33.008 Design of Grounding Systems electrical systems project. Electrical Engineering documents 61G15-33.010 Certification of Electrical Systems of shall demonstrate compliance be prepared in accordance with Public Interest the requirements of the applicable codes and standards as PURPOSE AND EFFECT: The purpose and effect for Rule defined herein. The Eengineer ofr Rrecord is responsible for 61G15-33.001, F.A.C., is to clarify existing language and to determining the applicability of appropriate codes and add tasks for which an Engineer of Record is responsible; for standards to a given project. In the event the codes and

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5699 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 standards fail to cover or address a specific requirement or (NFPA), the Institute of Electrical and Electronic Engineers situation, alternative research, test results, engineering data, (IEEE), the Illuminating Engineering Society of North and engineering calculations shall be utilized. New technology America (IESNA), as well as those promulgated by the state may be utilized when said technology has been demonstrated fire marshal and other state and local authorities having to provide equivalent or improved performance. Construction jurisdiction. documents shall indicate the nature and character of the (8) Electrical Delegated Engineering Documents. electrical work and shall describe, label and define the required Electrical Engineering Documents prepared by a delegated electrical systems components, processes, equipment and engineer to whom the Engineer of Record for the Electrical material and its structural utility support systems. Both the System has delegated responsibility for the design of an Eengineer of Rrecord for the electrical system and the electrical component or system and which are signed, sealed delegated engineer if utilized, shall comply with the and dated by the delegated engineer. requirements of the general responsibility Rules, Chapter Specific Authority 471.008, 471.033(2) FS. Law Implemented 61G15-30, F.A.C., and with the requirements of the more 471.033 FS. History–New 5-19-93, Formerly 21H-33.002, specific rules contained herein. The Engineer of Record for Amended______. the Electrical System(s) shall provide design requirements in writing to the delegated engineer if one is used and shall 61G15-33.003 Design of Power Systems. review the design documents of the delegated engineer for (1) Power systems convey or distribute electrical energy. conformance to his written instructions in accordance with Items to be included in the design and analysis of these systems Rule 61G15-30.005, F.A.C. Any Electrical Delegated are: steady state and transient loads, short circuit analysis and Engineering Documents must be included in the final set of protection (design and analysis), load flow, voltage drop, documents filed for permit. harmonics, and protective device coordination. Specific Authority 471.008, 471.033(2) FS. Law Implemented (2) Electrical Eengineering Ddocuments applicable to 471.033 FS. History–New 5-19-93, Formerly 21H-33.001, power systems shall at a minimum indicate the following: Amended______.. (a) Power Distribution System Riser Diagram with short circuit values. 61G15-33.002 Definitions. (b) No change. (1) Engineer of Record for the Electrical Systems. The (c) Circuit interrupting Protection devices and fault current Florida Registered pProfessional EEngineer who develops the interrupting capability. electrical system design criteria or performs the analysis and is (d) Location and characteristics of surge protective responsible for the preparation of the Electrical documents for devices the project. (e)(d) Main and distribution switch gear, panels, control (2) through (4) No change. devises and equipment panelboard ocations and sizes. (5) Electrical Engineering Documents. All The electrical (f) Voltage drop calculations for the feeders and drawings, specifications, reports, calculations, data and other customer-owned service conductors are required. Additionally, documents utilized to establish setting forth the overall design the documents shall state the reasons why the two percent limit and requirements for the construction, alteration, for feeders and customer-owned service conductors are not modernization, repair, demolition, arrangement, and/or use of being met, if applicable. the electrical system, or analysis or recommendations, as prepared by the Engineer of Record for the Electrical System. (g)(e) Circuitry of all outlets, equipment and devices. Electrical Engineering Documents shall additionally meet the (h)(f) Short circuit analysis Load computations. requirements of Rule 61G15-30.003, F.A.C., Engineering (g) Load computations. Documents. (i)(h) Electrical legends. (6) Electrical Submittals. Submittals, catalog information (j)(i) Grounding and bonding. on standard products, or drawings prepared solely to serve as a (k)(j) Instrumentation and control where required. guide for fabrication and installation and requiring no (l) Record documents applicable to power systems shall, at engineering input. These submittals do not require the seal of a a minimum, contain information as required by FBC. Florida registered professional engineer. (m) Emergency back-up systems (7) Codes and Standards. Those nationally recognized Specific Authority 471.008, 471.033(2), 553.73 (13-413.1 FBC) FS. Codes and Standards adopted directly or by reference in Law Implemented 471.033 FS. History–New 5-19-93, Formerly Florida Building Code (including Florida Energy Efficiency 21H-33.003, Amended______. Code, Chapter 13) and Florida Fire Code. Part II, Chapter 553, Florida Statutes. Applicable codes and standards also include those published by the National Fire Protection Association

5700 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

61G15-33.004 Design of Lighting Systems. temperature control, and systems related to energy (1) Lighting systems convert electrical energy into light. conservation and facility management systems. The design Items to be included in the lighting design and analysis are: documents shall be based on applicable NFPA standards as Average illuminance, Equivalent spherical illuminance, modified by applicable codes, or alternate engineering sources Uniformity rations, Visual comfort probability, special purpose including published underwriter’s engineering documents and lighting, impact of light intrusion, trespass and safety and the sound engineering practices. requirements of the Florida Energy Efficiency Code, Part IX, (2) The Electrical Engineering Documents for alarm and Chapter 553, Florida Statutes. signaling systems construction documents shall at a minimum (2) Electrical Eengineering documents for lighting indicate the following: systems shall, at a minimum, indicate the following: (a) Description of the control system functions, or a (a) No change functional diagram. (b) Emergency Lighting, egress and exit lighting. (b) Equipment legend. (c) Exit Lighting as required. (d) System riser diagram. (d) Lighting cControl and circuiting. (c) Cabling and conductor types and requirements. (e) Calculated values needed for lighting systems in (e) Installation, identification and testing requirements. compliance with the Florida Energy Code for Building (f) Back-up power. Construction. (g) Location and characteristics of surge protective Specific Authority 471.008, 471.033(2) FS. Law Implemented devices. 471.033 FS. History–New 5-19-93, Formerly 21H-33.004, (h) Details and requirements indicated by Rule Amended______. 61G15-32.008, F.A.C. (i) Complete requirements for operations and maintenance 61G15-33.005 Design of Communications Systems. procedures, manuals, system documentation, and instruction of (1) Communications systems are utilized to convey voice Owner's operating personnel, as needed to operate the systems and messages or data. Items to be included in the design as intended over time documents or analysis of these systems are: Human factors engineering, cabling requirements, installation requirements, Specific Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.006, performance requirements, backup power requirements, the Amended______. interrelationship of the various systems, and applicable standards and regulatory requirements. 61G15-33.007 Design of Lightning Protection Systems. (2) Electrical Eengineering documents for (1) Lightning Protection Systems are passive systems used communications systems shall, at a minimum, indicate the to protect building and structures from damage caused by following: lightning and static discharges. Items to be considered in the (a) System riser diagram for each cabling system. design or analysis of this system include the requirements of (b) No change. NFPA-780. (c) Cabling Conductor type and performance data of the (2) Electrical Eengineering documents for lightning transmission installation requirements. protection systems shall indicate: (d) through (e) No change. (a) Lightning Risk Assessment. (f) Installation, identification and testing requirements. (b)(a) Air terminals height and spacing. (g) Characteristics and locations of surge protective (c) Corrosion protection measures. devices. (b) through (c) renumbered (d) through (e) No change. Specific Authority 471.008, 471.033(2) FS. Law Implemented (f) Conductor type and size. 471.033 FS. History–New 5-19-93, Formerly 21H-33.005, Amended______. (d) through (e) renumbered (g) through (h) No change. Specific Authority 471.008, 471.033(2) FS. Law Implemented (Substantial rewriting of Rule 61G15-33.006 follows. See 471.033 FS. History–New 5-19-93, Formerly 21H-33.007, Florida Administrative Code for present text.) Amended______. 61G15-33.006 Design of Alarm and Signaling Systems. 61G15-33.008 Design of Grounding Systems. (1) Alarm and signaling systems include but are not (1) No change. limited to; motor control systems, emergency alarm circuits, activation of life safety system controls and remote signaling (2) Electrical Engineering Design Ddocuments for of emergency conditions (See Rule 61G15-32.008, F.A.C., for grounding systems shall indicate at a minimum the following: Fire Alarm Systems), surveillance and access control systems, (a) Ttype and location of grounding electrodes. (b) Bbonding requirements.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5701 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(c) Ttesting requirements. IF REQUESTED IN WRITING AND NOT DEEMED (d) Cconductor material type, size and protection UNNECESSARY BY THE AGENCY HEAD, A RULE requirements. DEVELOPMENT WORKSHOP WILL BE NOTICED IN (e) Connections of separate grounding systems, properly THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE bonded, per code and use requirements. WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE Specific Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.008, PROPOSED RULE DEVELOPMENT AND A COPY OF Amended______. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Charlotte Hand, Department of Environmental Protection, Bureau of 61G15-33.010 Certification of Electrical Systems of Beaches and Coastal Systems, Mail Station #300, 3900 Public Interest. Commonwealth Blvd., Tallahassee, Florida 32399-3000, The Engineer of Record shall be required, as required by the (850)488-7816, or by email at [email protected]. Authority Having Jurisdiction, to demonstrate compliance. THE PRELIMINARY TEXT OF THE PROPOSED RULE (1) Verifications from Electrical Engineering Documents DEVELOPMENT IS NOT AVAILABLE. warranted by codes and ordinances shall include when applicable: DEPARTMENT OF HEALTH (a) Energy efficiency and conservation tabulations, Board of Clinical Social Work, Marriage and Family statements or calculations. Therapy and Mental Health Counseling (b) Lighting levels included in the design that show RULE NO.: RULE TITLE: intrusion, trespass, dark sky, safety or that show/preserve 64B4-10.003 Psychotherapist-Client Relationship natural habitat tendencies. PURPOSE AND EFFECT: The Board proposes to review the (d) Light/noise/product specifications that indicate rule to update language to modify the time frame defining the conformance with a community, county, or state standards, length of time for the psychotherapist-client relationship. codes or ordinances. SUBJECT AREA TO BE ADDRESSED: Specific Authority 471.008, 471.033(2) FS. Law Implemented 471.03 Psychotherapist-Client Relationship. FS. History–New______. SPECIFIC AUTHORITY: 491.004(5), 491.0111 FS. LAW IMPLEMENTED: 491.0111 FS. DEPARTMENT OF ENVIRONMENTAL PROTECTION IF REQUESTED IN WRITING AND NOT DEEMED Notices for the Department of Environmental Protection UNNECESSARY BY THE AGENCY HEAD, A RULE between December 28, 2001 and June 30, 2006, go to DEVELOPMENT WORKSHOP WILL BE NOTICED IN http://www.dep.state.fl.us/ under the link or button titled THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE “Official Notices.” WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF ENVIRONMENTAL PROTECTION PROPOSED RULE DEVELOPMENT AND A COPY OF Division of Beaches and Shores THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Susan RULE NOS.: RULE TITLES: Foster, Executive Director, Board of Clinical Social Work, 62B-33.002 Definitions Marriage and Family Therapy and Mental Health 62B-33.0051 Coastal Armoring and Related Counseling/MQA, 4052 Bald Cypress Way, Bin #C08, Structures Tallahassee, Florida 32399-3258 PURPOSE AND EFFECT: Clarification of language and THE PRELIMINARY TEXT OF THE PROPOSED RULE delete portions of the rule that overlap or conflict with DEVELOPMENT IS NOT AVAILABLE. proposed Rule Chapter 62B-56, F.A.C., and update the rules to reflect recent legislative changes in Section 161.085, Florida DEPARTMENT OF HEALTH Statutes. Board of Psychology SUBJECT AREA TO BE ADDRESSED: Definitions and RULE NO.: RULE TITLE: updates reflecting recent legislative changes that resulted in 64B19-13.003 Continuing Psychological Education repetition of language in other rules. Credit SPECIFIC AUTHORITY: 120.569, 161.021, 161.041, PURPOSE AND EFFECT: The Board proposes the rule 161.052, 161.053, 161.0535, 161.054, 161.055, 161.061, amendment to delete continuing education requirements of 161.071, 161.081, 161.085, 373.427 FS. those who refer to themselves as a “Qualified Practitioner.” LAW IMPLEMENTED: 161.021, 161.085 FS. SUBJECT AREA TO BE ADDRESSED: References to continuing education requirements for a “Qualified Practitioner” will be removed from the rule.

5702 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

SPECIFIC AUTHORITY: 456.013(7), 490.004(4), Weekly. Notification of grant availability using the above 490.0085(4) FS. mechanisms will reach more potential applicants than the LAW IMPLEMENTED: 456.013(7), 490.007(2), 490.0085(1), means currently listed. (3) FS. SUBJECT AREA TO BE ADDRESSED: Neonatal IF REQUESTED IN WRITING AND NOT DEEMED Interfacility Transfers and Emergency Medical Services Grants UNNECESSARY BY THE AGENCY HEAD, A RULE Procedures. DEVELOPMENT WORKSHOP WILL BE NOTICED IN SPECIFIC AUTHORITY: 381.0011, 383.19, 395.405, THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 401.121, 401.251(6), 401.35 FS. WEEKLY. LAW IMPLEMENTED: 381.001, 383.15, 395.405, 401.111, THE PERSON TO BE CONTACTED REGARDING THE 401.113, 401.121, 401.24, 401.25, 401.251, 401.252, 401.26, PROPOSED RULE DEVELOPMENT AND A COPY OF 401.265, 401.27, 401.30, 401.31, 401.35, 401.41, 401.411, THE PRELIMINARY DRAFT IS: Susan Love, Executive 401.414, 401.421 FS. Director, Board of Psychology, 4052 Bald Cypress Way, Bin IF REQUESTED IN WRITING AND NOT DEEMED C05, Tallahassee, Florida 32399-3253 UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE THE PRELIMINARY TEXT OF THE PROPOSED RULE DATE, TIME AND PLACE SHOWN BELOW: DEVELOPMENT IS: DATE AND TIME: January 22, 2008, 1:30 p.m. – 4:30 p.m. (if 64B19-13.003 Continuing Psychological Education needed) Credit. Note: This is the day prior to the quarterly EMS Advisory (1) through (4) No change. Council meetings (5) As a condition of biennial licensure renewal, each PLACE: Prime Osborne Convention Center – Room 107, 1000 licensee who holds himself/herself out as a “Qualified Water St, Jacksonville, FL 32204-1529 Practitioner,” under the definition of Section 947.005(9), F.S., Pursuant to the provisions of the Americans with Disabilities must complete twenty (20) of the forty (40) hours on the Act, any person requiring special accommodations to evaluation and treatment of sexual offenders and related legal participate in this workshop/meeting is asked to advise the and ethical issues, in addition to the requirements above. agency at least 7 days before the workshop/meeting by (5)(6) No change. contacting: Alexander Macy, Bureau of Emergency Medical Services, (850)245-4440, ext. 2735, Alexander_Macy@doh. Specific Authority 456.013(7), 490.004(4), 490.0085(4) FS. Law Implemented 456.013(7), 490.007(2), 490.0085(1), (3) FS. History– state.fl.us, or fax: (850)488-9408. If you are hearing or speech New 1-28-93, Amended 7-14-93, Formerly 21U-13.0042, Amended impaired, please contact the agency using the Florida Relay 6-14-94, Formerly 61F13-13.0042, Amended 2-8-96, 11-18-96, Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Formerly 59AA-13.003, Amended 1-10-01, 8-5-01, 5-21-02, 6-3-04, THE PERSON TO BE CONTACTED REGARDING THE 1-2-06, 12-31-06,______. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Lisa Walker, Government DEPARTMENT OF HEALTH Analyst II, Bureau of Emergency Medical Services, 4052 Bald Division of Environmental Health Cypress Way Bin C-18, Tallahassee, FL 32399, RULE NOS.: RULE TITLES: [email protected], phone: (850)245-4440 ext. 64E-2.006 Neonatal Interfacility Transfers 2733, or fax: (850)488-9408 64E-2.030 Emergency Medical Services Grants Procedures THE PRELIMINARY TEXT OF THE PROPOSED RULE PURPOSE AND EFFECT: To reflect in rule the requirement to DEVELOPMENT IS: have a member trained and authorized in neonatal advanced life support procedures, referenced by the American Academy 64E-2.006 Neonatal Interfacility Transfers. of Pediatrics and the Association of Air Medical Transport (1) No change. Services, during the transportation of a neonatal patient. (2) Each permitted ambulance or neonate ambulance when To delete language to accommodate the distribution of grant transporting a neonate to a Level II or Level III Neonatal information on the EMS website, U.S. Mail, and on the Bureau Intensive Care Unit shall be staffed with a minimum of two of EMS listserve. A majority of the affected EMS services persons. One person shall be a registered neonatal nurse, the have requested that grant notifications be provided either on second person shall be either a neonatal registered respiratory the EMS website, U.S. mail, or the EMS listserve because they therapist (RT), or a paramedic or a registered neonatal nurse. do not routinely review notices in the Florida Administrative The staffing for each neonate transport shall be determined by the licensee's medical director in conjunction with the attending physician and the neonatologist. A physician can be

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5703 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 substituted for any team member. There shall be a member of DEPARTMENT OF HEALTH the team trained and authorized in Neonatal advanced life Division of Health Access and Tobacco support procedures. For Example: Intubation, Chest tube RULE NO.: RULE TITLE: placement, and Umbilical Line insertion and placement. These 64I-4.001 Procedures for Investigations for procedures can be referenced by the American Academy of Florida Clean Indoor Air Act Pediatrics, Guidelines for air and Ground Transport of (FCIAA) Complaints Neonatal and Pediatric Patients; and the Association of Air PURPOSE AND EFFECT: The Program intends through this Medical Transport Services, Guidelines for Air Medical Crew rule promulgation will amend the procedures for investigations Education. for Chapter 386, Part II, Florida Statutes, the Florida Clean Specific Authority 381.0011, 383.19, 395.405, 401.251(6), 401.35 FS. Indoor Air Act. Law Implemented 381.001, 383.15, 395.405, 401.24, 401.25, SUBJECT AREA TO BE ADDRESSED: Chapter 386, Part II, 401.251, 401.252, 401.26, 401.265, 401.27, 401.30, 401.31, 401.35, Florida Statutes, Florida Clean Indoor Air Act. 401.41, 401.411, 401.414, 401.421 FS. History–New 11-30-93, Amended 1-26-97. Formerly 10D-66.0525, Amended 8-4-98, 9-3-00, SPECIFIC AUTHORITY: 386.2125 FS. 12-18-06,______. LAW IMPLEMENTED: 381.0012, 386.206, 386.207 FS. IF REQUESTED IN WRITING AND NOT DEEMED 64E-2.030 Emergency Medical Services Grants UNNECESSARY BY THE AGENCY HEAD, A RULE Procedures. DEVELOPMENT WORKSHOP WILL BE NOTICED IN (1) In order to apply for a matching emergency medical THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE services grant, applicants shall submit DH Form 1767, June 02, WEEKLY. EMS Matching Grant Application contained in the EMS THE PERSON TO BE CONTACTED REGARDING THE Matching Grant Program Application Packet, June 02. This PROPOSED RULE DEVELOPMENT AND A COPY OF application packet is incorporated by reference and available THE PRELIMINARY DRAFT IS: Sonja Bradwell, Program from the department. The application packet contains the Specialist, Department of Health, 4052 Bald Cypress Way, Bin following forms which are also incorporated by reference and C-23, Tallahassee, Florida 32399-1743, (850)245-4281 or available from the department: DH Form 1767, EMS Matching 1(800)337-3742, sonja_bradwell@doh. state.fl.us. Grant Application, June 02, DH Form 1767P, Request for Grant Fund Distribution, June 02, DH Form 1684A, EMS THE PRELIMINARY TEXT OF THE PROPOSED RULE Grant Program Expenditure Report, June 02, DH Form 1684C, DEVELOPMENT IS: EMS Grant Program Change Request, June 02, DH Form 64I-4.001 Procedures for Investigations for to Be 1767G, Matching Grants Evaluation Worksheet, June 02. Followed by Department of Health (DOH) Personnel When (2) The department shall advertise grant availability, at a Investigating Florida Clean Indoor Air Act (FCIAA) minimum, on the Bureau of Emergency Medical Services Complaints and Notifying Alleged Violators. website at http://www.fl-ems.com/grants/grants.html the (1) During inspections, DOH environmental health Florida Administrative Weekly (FAW). The FAW notice shall personnel shall document all observed violations of the Florida establish the deadline for submission of applications. Clean Indoor Air Act (FCIAA) according to the requirements Following the review by the grant review team and approval by of Chapter 64I-4, F.A.C. the State Surgeon General, the department shall publish in the (2) Upon completion of the on-site inspection, DOH FAW the date, time, and location of the posting of the grant environmental health personnel shall complete the required awards. sections of the Request for Inspection Form, a copy of which (3) All grant award decisions shall be posted on a date and may be obtained from the Department of Health, Division of time certain at a specific location in Tallahassee, Florida. All Health Access and Tobacco, 4052 Bald Cypress Way, Bin C23, grant award notices shall be published on the Bureau of Tallahassee, FL 32399-1743, and which is incorporated herein Emergency Medical Services website at http://www.fl-ems. by reference, reporting that: facts relating to compliance with com/grants/grants.html www.doh.state.fl. us/ems, at the date the FCIAA. and time established in the FAW notice as outlined in (a) The enclosed indoor workplace is not in compliance subsection (2) above. with the FCIAA and administrative proceedings shall be Specific Authority 401.121 FS. Law Implemented 401.111, 401.113, initiated, or 401.121 FS. History–New 6-6-90, Amended 12-10-92, 1-26-97. Formerly 10D-66.205, Amended 8-4-98, 11-3-02, 6-9-03,______. (b) There were no violations of the FCIAA found and the case shall be closed.

5704 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(3) The county health department director or administrator indoor workplace. Should there be no written policy, a will forward the completed inspection form to the Division of violation of Section 386.206(1), F.S., exists and will be Health Access and Tobacco, 4052 Bald Cypress Way, Bin C23, documented as: “Failure to develop a policy regarding Tallahassee, FL 32399-1743. smoking prohibition.” (4) Upon receipt of the county health department report, (2) The proprietor or other person in charge of an enclosed the Division of Health Access and Tobacco shall: evaluate the indoor workplace shall implement a policy regarding smoking report for further action in accordance with Chapters 120, 381, prohibition. If persons are observed violating the policy, and and 386, F.S. the proprietor or other person in charge witnesses or is made (a) Initiate administrative procedures according to the aware of a violation of Section 386.204, F.S., in the enclosed provisions of Chapter 120, F.S., or indoor workplace but nonetheless fails to implement the policy, (b) Close the case. a violation of Section 386.206(1), F.S., exists and shall be documented as: “Failure to implement a policy regarding Specific Authority 386.207, 386.2125 FS. Law Implemented 381.0012, 386.206, 386.207 FS. History–New 2-27-94, Amended smoking prohibition.” 4-2-96, Formerly 10D-105.008, 64D-1.001, Amended 11-5-02, (3) The proprietor or other person in charge of an enclosed 8-16-04, Formerly 64E-25.001, Amended______. indoor workplace where a smoking cessation program, medical research, or scientific research is conducted shall DEPARTMENT OF HEALTH conspicuously post, or cause to be posted, signs designating Division of Health Access and Tobacco areas where smoking is permitted for such purposes within the RULE NO.: RULE TITLE: enclosed indoor workplace. If such signs are not posted then a 64I-4.002 On-Site Investigations of Enclosed violation of Section 386.206(3), F.S., exists and will be Indoor Workplaces documented as: “Failure to post signs designating smoking PURPOSE AND EFFECT: The Program intends through this permitted areas.” rule promulgation will amend the procedures for investigations (4) The proprietor or other person in charge of an enclosed for Chapter 386, Part II, Florida Statutes, the Florida Clean indoor workplace where, prior to the adoption of s. 20, Art.X Indoor Air Act. of the State Constitution was required to post signs under SUBJECT AREA TO BE ADDRESSED: Chapter 386, Part II, Section 386.206, F.S., shall continue to post signs stating that Florida Statutes, Florida Clean Indoor Air Act. smoking is prohibited within the enclosed indoor workplace. If SPECIFIC AUTHORITY: 386.2125 FS. such signs are not posted then a violation of Section LAW IMPLEMENTED: 381.0012, 386.206, 386.207 FS. 386.206(2), F.S. exists and will be documented as: “Failure to IF REQUESTED IN WRITING AND NOT DEEMED post smoking prohibited signs.” UNNECESSARY BY THE AGENCY HEAD, A RULE Specific Authority 386.207, 386.2125 FS. Law Implemented 386.206, DEVELOPMENT WORKSHOP WILL BE NOTICED IN 386.207 FS. History–New 2-27-94, Amended 2-19-96, 4-2-96, THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Formerly 10D-105.009, Formerly 64D-1.002, 64E-25.002, Amended WEEKLY. 11-5-02, 8-16-04,______. THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF CHILDREN AND FAMILY PROPOSED RULE DEVELOPMENT AND A COPY OF SERVICES THE PRELIMINARY DRAFT IS: Sonja Bradwell, Program Specialist, Department of Health, 4052 Bald Cypress Way, Bin Agency for Persons with Disabilities C-23, Tallahassee, Florida 32399-1743, (850)245-4281 or RULE NO.: RULE TITLE: 65G-4.002 Service Delivery 1(800)337-3742, [email protected]. fl.us. PURPOSE AND EFFECT: The purpose of the rule is to THE PRELIMINARY TEXT OF THE PROPOSED RULE implement a comprehensive assessment process that will be DEVELOPMENT IS: used to identify support needs for recipients of Home and Community-Based services, Developmental Disability Waiver 64I-4.002 On-Site Investigations of Enclosed Indoor Services, and general revenue funded services from the Workplaces. Agency for Persons with Disabilities once eligibiity is During inspections or investigations of any Florida Clean established. The rule shall identify appropriate assessment Indoor Air Act (FCIAA) complaint, DOH environmental strategies to identify the types and levels of support a person health personnel shall document all observed violation(s) of with developmental disabilities may require now and in the Section 386.206, F.S. near-term future. (1) The proprietor or other person in charge of an enclosed The assessment instrument will be applied to measure the skills indoor workplace must develop a policy regarding the and abilities of the person eligible for services and the types prohibition of smoking in an enclosed indoor workplace. Such and levels of support a person with developmental disabilities policy must include a prohibition of smoking in the enclosed

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5705 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 may need to assist them with life changes while living, (1) Tier One shall be limited to clients who have service needs working, fulfilling valued roles, and participating in his/her that cannot be met in Tiers Two, Three, or Four for intensive community. The assessment will evaluate a full range of medical or adaptive needs and that are essential for avoiding adaptive, behavioral, and physical needs, including sight, institutionalization or who possess behavioral problems that hearing, communication, and ambulation. The rule will also are exceptional in intensity, duration, or frequency and present establish an administration schedule for targeted groups on the a substantial risk of harm to themselves or others. Developmental Disabilities waiver, the Family and Supported (2) Tier Two shall be limited to clients whose service needs Living Waiver and the Consumer Directed Care Plus program, include a licensed residential facility and greater than 5 hours and all other persons receiving services from the Agency under per day in residential habilitation services or clients in other funding sources, or on the wait list for service. supported living who receive greated than 6 hours per day of SUBJECT AREA TO BE ADDRESSED: Assessment in-home support services. Total annual expenditures under Tier instrument for Home and Community-Based services delivery Two may not exceed $55,000 per client each year. system valid assessment instrument to assess clients for the (3) Tier Three shall include, but is not limited to, clients developmental disabilities waiver, qualificaitons and training requiring residential placements, clients in independent or for those administering the instrument, and use of the supported living situations, and clients who live in their family instrument. home. Total annual expenditures under Tier Three may not SPECIFIC AUTHORITY: 393.501 FS. (2007) exceed $35,000 per client each year. LAW IMPLEMENTED: 393.0661 FS. (2007) (4)Tier Four is the family and supported living waiver. Tier A RULE DEVELOPMENT WORKSHOP WILL BE HELD Four shall include but not be limited to clients in independent AT THE DATE, TIME AND PLACE SHOWN BELOW: or supported living situations and clients who live in their DATE AND TIME: December 21, 2007, 9:00 a.m. – 12:00 family home. An increase to the number of services available Noon to clients in this tier shall not take effect prior to July 1, 2008. PLACE: Agency for Persons with Disabilities, 4030 Esplanade Total annual expenditures under Tier Four may not exceed Way, Conference Room 302, Tallahassee, Florida 32399-0950 $14,792 per client each year. Pursuant to the provisions of the Americans with Disabilities The rule will also establish the Waiver Tier Models that Act, any person requiring special accommodations to provide a basic description of the individuals receiving Waiver participate in this workshop/meeting is asked to advise the Tier services, the level and type of services for each Waiver agency at least 3 days before the workshop/meeting by Tier client, and a monetary cap for each Waiver Tier level of contacting: Ms. Terri McGarrity at (850)487-4842. If you are service. hearing or speech impaired, please contact the agency using the SUBJECT AREA TO BE ADDRESSED: Four Tier Waiver Florida Relay Service, 1(800)955-8771 (TDD) or System for Servicing Clients with Developmental Disabilties. 1(800)955-8770 (Voice). SPECIFIC AUTHORITY: 393.501 FS. (2007) THE PERSON TO BE CONTACTED REGARDING THE LAW IMPLEMENTED: 393.0661 FS. (2007) PROPOSED RULE DEVELOPMENT AND A COPY OF A RULE DEVELOPMENT WORKSHOP WILL BE HELD THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Terri AT THE DATE, TIME AND PLACE SHOWN BELOW: McGarrity, Community Development, Agency for Persons DATE AND TIME: December 21, 2007, 1:00 p.m. – 5:00 p.m. with Disabilities, (850)487-4842 or terri_mcgarrity@apd. PLACE: Agency for Persons with Disabilities, 4030 Esplanade state.fl.us Way, Conference Room 301, Tallahassee, Florida 32399-0950 THE PRELIMINARY TEXT OF THE PROPOSED RULE Pursuant to the provisions of the Americans with Disabilities DEVELOPMENT IS NOT AVAILABLE. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the DEPARTMENT OF CHILDREN AND FAMILY agency at least 3 days before the workshop/meeting by SERVICES contacting: Linda Mabile at (850)487-4842. If you are hearing Agency for Persons with Disabilities or speech impaired, please contact the agency using the Florida RULE NO.: RULE TITLE: Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 65G-4.002 Service Delivery (Voice). PURPOSE AND EFFECT: The purpose of the rule is to THE PERSON TO BE CONTACTED REGARDING THE implement a four-tiered waiver system to serve clients with PROPOSED RULE DEVELOPMENT AND A COPY OF developmental disabilities in the developmental disabilities THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Linda and family and supported living waivers. The Waiver Tiers are Mabile, Home and Community-Based Services, defined as follows: (850)487-4842, or [email protected] THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.

5706 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

FISH AND WILDLIFE CONSERVATION IF REQUESTED IN WRITING AND NOT DEEMED COMMISSION UNNECESSARY BY THE AGENCY HEAD, A RULE Freshwater Fish and Wildlife DEVELOPMENT WORKSHOP WILL BE NOTICED IN RULE NO.: RULE TITLE: THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 68A-1.004 Definitions WEEKLY. PURPOSE AND EFFECT: The purpose and effect of this rule THE PERSON TO BE CONTACTED REGARDING THE development is to provide definitions for language in rules of PROPOSED RULE DEVELOPMENT AND A COPY OF the Fish and Wildlife Conservation Commission, during THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. calendar year 2008. Antista, General Counsel, Fish and Wildlife Conservation SUBJECT AREA TO BE ADDRESSED: Subject areas Commission, 620 South Meridian Street, Tallahassee, Florida covered in the proposed rule include rule language definitions. 32399-1600, (850)487-1764 SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. THE PRELIMINARY TEXT OF THE PROPOSED RULE LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. DEVELOPMENT IS NOT AVAILABLE. IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE FISH AND WILDLIFE CONSERVATION DEVELOPMENT WORKSHOP WILL BE NOTICED IN COMMISSION THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Freshwater Fish and Wildlife WEEKLY. RULE NO.: RULE TITLE: THE PERSON TO BE CONTACTED REGARDING THE 68A-5.005 Quota Hunt Permits and PROPOSED RULE DEVELOPMENT AND A COPY OF Special-Opportunity Permits – THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Application; Selection; Issuance Antista, General Counsel, Fish and Wildlife Conservation PURPOSE AND EFFECT: The purposes and effects of the Commission, 620 South Meridian Street, Tallahassee, Florida proposed rule development are to establish or revise 32399-1600, (850)487-1764 procedures for application, selection, or issuance of quota hunt THE PRELIMINARY TEXT OF THE PROPOSED RULE or special-opportunity hunt permits, during the 2008 calendar DEVELOPMENT IS NOT AVAILABLE. year. SUBJECT AREA TO BE ADDRESSED: Subject areas FISH AND WILDLIFE CONSERVATION covered in the proposed rules include the application, selection COMMISSION and issuance of Quota Hunt Permits and Special-opportunity Freshwater Fish and Wildlife Permits. RULE NOS.: RULE TITLES: SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. 68A-4.001 General Prohibitions LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. 68A-4.002 Possession of Gun While Using a IF REQUESTED IN WRITING AND NOT DEEMED Light Prohibited UNNECESSARY BY THE AGENCY HEAD, A RULE 68A-4.007 Exclusion of Certain Areas from DEVELOPMENT WORKSHOP WILL BE NOTICED IN Open Season THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE PURPOSE AND EFFECT: The purposes and effects of this WEEKLY. rule development effort are to establish or revise rule THE PERSON TO BE CONTACTED REGARDING THE provisions, during calendar year 2008, associated with general PROPOSED RULE DEVELOPMENT AND A COPY OF prohibitions pertaining to wildlife and freshwater fish THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. resources, possession of a gun while using a light, and Antista, General Counsel, Fish and Wildlife Conservation exclusion of certain areas from open season. Commission, 620 South Meridian Street, Tallahassee, Florida SUBJECT AREA TO BE ADDRESSED: Subject areas 32399-1600, (850)487-1764 covered in the proposed rule include general prohibitions THE PRELIMINARY TEXT OF THE PROPOSED RULE pertaining to wildlife and freshwater fish, possession of a gun DEVELOPMENT IS NOT AVAILABLE. while using a light, and exclusion of certain areas from open season. SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5707 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

FISH AND WILDLIFE CONSERVATION PURPOSE AND EFFECT: The purpose and effect of this rule COMMISSION development is to establish or revise rule provisions, during Freshwater Fish and Wildlife calendar year 2008, associated with the use of motorboats on RULE NOS.: RULE TITLES: certain waters. 68A-9.004 Permits for Hunting or Other SUBJECT AREA TO BE ADDRESSED: Subject areas Recreational Use on Wildlife covered in the proposed rules include use of motorboats on Management Areas certain waters. 68A-9.007 Special-use Permits; Short-term Use SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution, Permits; Fees; Special-Opportunity 372.021, 375.313 FS. Hunting and Fishing LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution, 68A-9.008 Permits for Physically Disabled 372.021, 375.313 FS. 68A-9.010 Taking Nuisance Wildlife IF REQUESTED IN WRITING AND NOT DEEMED PURPOSE AND EFFECT: The purpose and effect of this rule UNNECESSARY BY THE AGENCY HEAD, A RULE development effort is to establish or revise rule provisions, DEVELOPMENT WORKSHOP WILL BE NOTICED IN during calendar year 2008, associated with recreational use THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE permits and related fees on Wildlife Management Areas; WEEKLY. special-use permits, short-term use permits, THE PERSON TO BE CONTACTED REGARDING THE special-opportunity hunting and fishing permits, and any PROPOSED RULE DEVELOPMENT AND A COPY OF related fees; permits for the physically disabled; and to clarify THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. and simplify regulations relating to nuisance wildlife. Antista, General Counsel, Fish and Wildlife Conservation SUBJECT AREA TO BE ADDRESSED: Subject areas Commission, 620 South Meridian Street, Tallahassee, Florida covered in the proposed rules include recreational use permits; 32399-1600, (850)487-1764 special-use permits, short-term use permits, THE PRELIMINARY TEXT OF THE PROPOSED RULE special-opportunity hunting and fishing, and related fees; DEVELOPMENT IS NOT AVAILABLE. permits for the physically disabled; and regulations relating to nuisance wildlife. FISH AND WILDLIFE CONSERVATION SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution, COMMISSION 372.57 FS. Freshwater Fish and Wildlife LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution, RULE NOS.: RULE TITLES: 372.57 FS. 68A-12.002 General Methods of Taking Game; IF REQUESTED IN WRITING AND NOT DEEMED Prohibitions UNNECESSARY BY THE AGENCY HEAD, A RULE 68A-12.007 Hunting Dogs; Molesting Game in DEVELOPMENT WORKSHOP WILL BE NOTICED IN Closed Season; Training; Field THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Trials; Prohibited for Certain WEEKLY. Hunting THE PERSON TO BE CONTACTED REGARDING THE 68A-12.009 Taking Destructive Birds and PROPOSED RULE DEVELOPMENT AND A COPY OF Mammals THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. PURPOSE AND EFFECT: The purposes and effects of the Antista, General Counsel, Fish and Wildlife Conservation proposed rule development are to establish or revise rule Commission, 620 South Meridian Street, Tallahassee, Florida provisions, during calendar year 2008, associated with general 32399-1600, (850)487-1764 methods of taking game; the use of dogs for taking game; and THE PRELIMINARY TEXT OF THE PROPOSED RULE the taking of destructive birds and mammals. DEVELOPMENT IS NOT AVAILABLE. SUBJECT AREA TO BE ADDRESSED: Subject areas covered in the proposed rule include general methods of taking FISH AND WILDLIFE CONSERVATION game, the use of dogs for taking game, and the taking of COMMISSION destructive birds and mammals. Freshwater Fish and Wildlife SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. RULE NO.: RULE TITLE: LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. 68A-11.003 Use of Motorboats on Certain IF REQUESTED IN WRITING AND NOT DEEMED Waters; Permits UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

5708 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764 32399-1600, (850)487-1764 THE PRELIMINARY TEXT OF THE PROPOSED RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE. DEVELOPMENT IS NOT AVAILABLE.

FISH AND WILDLIFE CONSERVATION FISH AND WILDLIFE CONSERVATION COMMISSION COMMISSION Freshwater Fish and Wildlife Freshwater Fish and Wildlife RULE NOS.: RULE TITLES: RULE NOS.: RULE TITLES: 68A-13.001 Open Season for Taking Game; Bag 68A-14.001 Establishment Orders and Possession Limits 68A-14.0011 Opening or Closing Areas Other 68A-13.002 Migratory Birds; Adoption of Than Restricted Hunting Areas, Federal Statutes and Regulations Bird Sanctuaries or Critical 68A-13.003 Hunting Regulations for Ducks, Wildlife Areas; General Geese, and Coots PURPOSE AND EFFECT: The purpose and effect of this rule 68A-13.004 Open Season for Taking and Bag development effort is to establish or revise rule provisions, Limits for Non-Migratory Game during calendar year 2008, associated with the establishment of and Issuance of Antlerless Deer areas as wildlife management areas, wildlife and Permits environmental areas, refuges, bird sanctuaries, restricted 68A-13.006 Hunting on National Wildlife hunting areas, critical wildlife areas, fish management areas, Refuges miscellaneous areas, or wild hog areas; and the opening or 68A-13.007 Hunting Regulations on Public closing of areas other than restricted hunting areas, bird Small-Game Hunting Areas sanctuaries or critical wildlife areas. 68A-13.008 Hunting Regulations for Migratory SUBJECT AREA TO BE ADDRESSED: Subject areas Birds Other than Ducks and Coots covered in the proposed rules include the establishment of PURPOSE AND EFFECT: The purpose and effect of this rule areas as wildlife management areas, wildlife and development effort is, during calendar year 2008, to (1) environmental areas, refuges, bird sanctuaries, restricted establish open seasons, bag limits and possession limits for hunting areas, critical wildlife areas, fish management areas, taking game; (2) establish hunting regulations for ducks, geese, miscellaneous areas, or wild hog areas; and the opening or coots, and other migratory birds; (3) provide for adoption of closing of areas other than restricted hunting areas, bird Federal statutes and regulations pertaining to migratory birds sanctuaries or critical wildlife areas. and hunting on National Wildlife Refuges; (4) establish SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. hunting regulations for public small-game hunting areas; and LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.; (5) provide for the issuance of antlerless deer permits to private 372.021 FS. landowners. IF REQUESTED IN WRITING AND NOT DEEMED SUBJECT AREA TO BE ADDRESSED: Subject areas UNNECESSARY BY THE AGENCY HEAD, A RULE covered in the proposed rules include regulations for taking DEVELOPMENT WORKSHOP WILL BE NOTICED IN game including waterfowl and other migratory birds, issuance THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE of antlerless deer permits to private landowners, public WEEKLY. small-game hunting area regulations, adoption of Federal THE PERSON TO BE CONTACTED REGARDING THE statutes and regulations, and hunting on National Wildlife PROPOSED RULE DEVELOPMENT AND A COPY OF Refuges. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. Antista, General Counsel, Fish and Wildlife Conservation LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. Commission, 620 South Meridian Street, Tallahassee, Florida IF REQUESTED IN WRITING AND NOT DEEMED 32399-1600, (850)487-1764 UNNECESSARY BY THE AGENCY HEAD, A RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN DEVELOPMENT IS NOT AVAILABLE. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5709 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

FISH AND WILDLIFE CONSERVATION THE PRELIMINARY TEXT OF THE PROPOSED RULE COMMISSION DEVELOPMENT IS NOT AVAILABLE. Freshwater Fish and Wildlife RULE NOS. RULE TITLES: FISH AND WILDLIFE CONSERVATION 68A-15.004 General Regulations Relating to COMMISSION Wildlife Management Areas Freshwater Fish and Wildlife 68A-15.005 Quota Permits; Antlerless Deer RULE NOS.: RULE TITLES: Permits; Special-Opportunity 68A-17.004 General Regulations Relating to Permits Wildlife and Environmental Areas 68A-15.006 Regulations Relating to 68A-17.005 Specific Regulations for Wildlife and Miscellaneous Areas Environmental Areas 68A-15.061 Specific Regulations for Wildlife PURPOSE AND EFFECT: The purpose and effect of this rule Management Areas – Southwest development effort is to establish or revise rule provisions, Region during calendar year 2008, to (1) establish general regulations 68A-15.062 Specific Regulations for Wildlife relating to Wildlife and Environmental Areas (WEAs); (2) Management Areas – North Central establish or modify specific area regulations for WEAs; and (3) Region adjust hunting season dates on WEAs to conform with 68A-15.063 Specific Regulations for Wildlife proposed 2008-2009 hunting season dates for the appropriate Management Areas – Northwest hunting zone. Region SUBJECT AREA TO BE ADDRESSED: Subject areas 68A-15.064 Specific Regulations for Wildlife covered in the proposed rules include hunting season dates, Management Areas – South Region general regulations and specific area regulations pertaining to 68A-15.065 Specific Regulations for Wildlife WEAs. Management Areas – Northeast SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution; Region 375.313 FS. PURPOSE AND EFFECT: The purpose and effect of this rule LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution; development effort is to establish or revise rule provisions, 372.57, 375.313 FS. during calendar year 2008, to (1) establish or revise general IF REQUESTED IN WRITING AND NOT DEEMED regulations relating to Wildlife Management Areas (WMAs); UNNECESSARY BY THE AGENCY HEAD, A RULE (2) establish or adjust hunter quotas for WMAs; (3) establish or DEVELOPMENT WORKSHOP WILL BE NOTICED IN modify specific area regulations for WMAs; and (4) adjust THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE hunting season dates on WMAs to conform with proposed WEEKLY. 2008-2009 hunting season dates for the appropriate hunting THE PERSON TO BE CONTACTED REGARDING THE zone. PROPOSED RULE DEVELOPMENT AND A COPY OF SUBJECT AREA TO BE ADDRESSED: Subject areas THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. covered in the proposed rules include general regulations, Antista, General Counsel, Fish and Wildlife Conservation quota hunt permits, hunting season dates and specific area Commission, 620 South Meridian Street, Tallahassee, Florida regulations pertaining to WMAs. 32399-1600, (850)487-1764 SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution; THE PRELIMINARY TEXT OF THE PROPOSED RULE 375.313 FS. DEVELOPMENT IS NOT AVAILABLE. LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution; 372.57, 375.313 FS. FISH AND WILDLIFE CONSERVATION IF REQUESTED IN WRITING AND NOT DEEMED COMMISSION UNNECESSARY BY THE AGENCY HEAD, A RULE Freshwater Fish and Wildlife DEVELOPMENT WORKSHOP WILL BE NOTICED IN RULE NO.: RULE TITLE: THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 68A-18.004 Regulations in Wildlife Refuges WEEKLY. PURPOSE AND EFFECT: The purpose and effect of this rule THE PERSON TO BE CONTACTED REGARDING THE development effort is to establish or revise rule provisions, PROPOSED RULE DEVELOPMENT AND A COPY OF during calendar year 2008, associated with wildlife refuges. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. SUBJECT AREA TO BE ADDRESSED: Subject area covered Antista, General Counsel, Fish and Wildlife Conservation in the proposed rules include regulations in wildlife refuges. Commission, 620 South Meridian Street, Tallahassee, Florida SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. 32399-1600, (850)487-1764 LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

5710 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

IF REQUESTED IN WRITING AND NOT DEEMED Antista, General Counsel, Fish and Wildlife Conservation UNNECESSARY BY THE AGENCY HEAD, A RULE Commission, 620 South Meridian Street, Tallahassee, Florida DEVELOPMENT WORKSHOP WILL BE NOTICED IN 32399-1600, (850)487-1764 THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE PRELIMINARY TEXT OF THE PROPOSED RULE WEEKLY. DEVELOPMENT IS NOT AVAILABLE. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF FISH AND WILDLIFE CONSERVATION THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. COMMISSION Antista, General Counsel, Fish and Wildlife Conservation Freshwater Fish and Wildlife Commission, 620 South Meridian Street, Tallahassee, Florida RULE NOS.: RULE TITLES: 32399-1600, (850)487-1764 68A-21.002 Establishment THE PRELIMINARY TEXT OF THE PROPOSED RULE 68A-21.004 General Regulations Relating to Wild DEVELOPMENT IS NOT AVAILABLE. Hog Areas PURPOSE AND EFFECT: The purpose and effect of this rule FISH AND WILDLIFE CONSERVATION development effort is to establish or revise rule provisions, COMMISSION during calendar year 2008, associated with establishment and Freshwater Fish and Wildlife general regulation of wild hog areas. RULE NOS.: RULE TITLES: SUBJECT AREA TO BE ADDRESSED: Subject areas 68A-20.004 Regulations in Fish Management covered in the proposed rules include establishment and Areas general regulation of wild hog areas. 68A-20.005 Specific Fish Management Area SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. Regulations LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. PURPOSE AND EFFECT: The purpose and effect of the IF REQUESTED IN WRITING AND NOT DEEMED proposed rule development is to establish or revise rule UNNECESSARY BY THE AGENCY HEAD, A RULE provisions, during calendar year 2008, associated with general DEVELOPMENT WORKSHOP WILL BE NOTICED IN regulations for taking and possessing freshwater fish, which THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE are applicable to all fish management areas, such as fishing WEEKLY. license requirements, daily bag limits for certain freshwater THE PERSON TO BE CONTACTED REGARDING THE fish such as catfish or game fish, possession of certain devices PROPOSED RULE DEVELOPMENT AND A COPY OF such as nets, fish traps, trotlines or bush hooks, temporary THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. closure of fish management areas, or intentional release of fish Antista, General Counsel, Fish and Wildlife Conservation and wildlife into any fish management area. Additional rule Commission, 620 South Meridian Street, Tallahassee, Florida development proposals may establish or revise rule provisions 32399-1600, (850)487-1764 associated with regulations on specific fish management areas THE PRELIMINARY TEXT OF THE PROPOSED RULE for taking and possessing freshwater fish or other activities DEVELOPMENT IS NOT AVAILABLE. such as swimming, use of firearms, or use of boats or other vehicles, that will ensure conservation of freshwater fish FISH AND WILDLIFE CONSERVATION populations while providing for realization of their potential COMMISSION aesthetic, recreational, and economic values. Freshwater Fish and Wildlife SUBJECT AREA TO BE ADDRESSED: Requirements for RULE NOS.: RULE TITLES: taking and possessing freshwater fish in fish management 68A-23.002 General Methods of Taking areas. Freshwater Fish SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. 68A-23.003 Commercial Fishing Devices; LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. Provision for Use in Certain Waters IF REQUESTED IN WRITING AND NOT DEEMED 68A-23.005 Bag Limits, Length Limits, Open UNNECESSARY BY THE AGENCY HEAD, A RULE Season: Freshwater Fish DEVELOPMENT WORKSHOP WILL BE NOTICED IN 68A-23.012 Special Regulations on Lake THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Okeechobee WEEKLY. PURPOSE AND EFFECT: The purpose and effect of this rule THE PERSON TO BE CONTACTED REGARDING THE development effort is to establish or revise rule provisions, PROPOSED RULE DEVELOPMENT AND A COPY OF during calendar year 2008, and to provide a forum for the THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. public to provide input on proposed changes relating to general methods of taking freshwater fish; commercial fishing devices,

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5711 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 including special regulations for Lake Okeechobee; and bag Antista, General Counsel, Fish and Wildlife Conservation limits, length limits, and season dates in order to protect and Commission, 620 South Meridian Street, Tallahassee, Florida ensure conservation of freshwater fish populations. 32399-1600, (850)487-1764 SUBJECT AREA TO BE ADDRESSED: General methods of THE PRELIMINARY TEXT OF THE PROPOSED RULE taking freshwater fish; commercial fishing devices, including DEVELOPMENT IS NOT AVAILABLE. commercial fishing on Lake Okeechobee; and bag limits, length limits, and season dates for freshwater fish. FISH AND WILDLIFE CONSERVATION SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. COMMISSION LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution; Freshwater Fish and Wildlife 372.653 FS. RULE NOS.: RULE TITLES: IF REQUESTED IN WRITING AND NOT DEEMED 68A-25.002 General Provisions for Taking, UNNECESSARY BY THE AGENCY HEAD, A RULE Possession and Sale of Reptiles DEVELOPMENT WORKSHOP WILL BE NOTICED IN 68A-25.003 Taking and Disposal of THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Nuisance-Alligators Statewide WEEKLY. 68A-25.004 Regulations Governing the Operation THE PERSON TO BE CONTACTED REGARDING THE of Alligator Farms PROPOSED RULE DEVELOPMENT AND A COPY OF 68A-25.031 Regulations Governing Alligator Egg THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. and Hatchling Collections on Lands Antista, General Counsel, Fish and Wildlife Conservation Not Included in Alligator Commission, 620 South Meridian Street, Tallahassee, Florida Management Programs on Private 32399-1600, (850)487-1764 Lands THE PRELIMINARY TEXT OF THE PROPOSED RULE 68A-25.032 Regulations Governing the DEVELOPMENT IS NOT AVAILABLE. Establishment of Alligator Management Programs on Private FISH AND WILDLIFE CONSERVATION Lands COMMISSION 68A-25.042 Regulations Governing Statewide Alligator Trapping, Permitting, Freshwater Fish and Wildlife Taking and Sale RULE NOS.: RULE TITLES: 68A-25.052 Regulations Governing the 68A-24.002 Methods of Taking Fur-Bearing Processing of Alligators and the Animals; Possession; Open Season Sale of Alligator Meat and Parts 68A-24.005 Transporting and Shipping Live PURPOSE AND EFFECT: The purpose and effect of this rule Raccoons development effort is to establish or revise rule provisions, PURPOSE AND EFFECT: The purpose and effect of this rule during calendar year 2008, to establish regulations for taking development effort is to establish or revise rule provisions, and possessing alligators that will ensure conservation of during calendar year 2008, associated with methods of taking, alligator populations while providing for realization of their possession of, and open season for furbearing animals; and potential aesthetic, recreational, and economic values. transporting and shipping live raccoons. SUBJECT AREA TO BE ADDRESSED: Subject areas SUBJECT AREA TO BE ADDRESSED: Subject areas covered in the proposed rules include requirements for taking covered in the proposed rules include methods of taking, and possessing alligators and other reptiles. possession of, and open season for furbearing animals; and transporting and shipping live raccoons. SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution; Sections 370.081, 372.6672, 372.6673, 372.6674, 372.86, LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. 372.87, 372.88, 372.89, 372.90, 372.91, 372.92, 372.921, IF REQUESTED IN WRITING AND NOT DEEMED 372.922 FS. UNNECESSARY BY THE AGENCY HEAD, A RULE IF REQUESTED IN WRITING AND NOT DEEMED DEVELOPMENT WORKSHOP WILL BE NOTICED IN UNNECESSARY BY THE AGENCY HEAD, A RULE THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE DEVELOPMENT WORKSHOP WILL BE NOTICED IN WEEKLY. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE PERSON TO BE CONTACTED REGARDING THE WEEKLY. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PERSON TO BE CONTACTED REGARDING THE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V.

5712 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Antista, General Counsel, Fish and Wildlife Conservation FISH AND WILDLIFE CONSERVATION Commission, 620 South Meridian Street, Tallahassee, Florida COMMISSION 32399-1600, (850)487-1764 Freshwater Fish and Wildlife THE PRELIMINARY TEXT OF THE PROPOSED RULE RULE NO.: RULE TITLE: DEVELOPMENT IS NOT AVAILABLE. 68A-31.001 Regulations Related to Commission Managed Shooting Ranges FISH AND WILDLIFE CONSERVATION PURPOSE AND EFFECT: The purpose of the proposed rule COMMISSION development effort is to establish regulations for Commission Freshwater Fish and Wildlife managed shooting ranges in 2008 that would address public RULE NOS.: RULE TITLES: safety, access, and activities. The effect of the proposed rule 68A-27.0012 Procedures for Listing, Delisting and will be to enable the agency to better manage public use of Reclassifying Endangered, Commission-managed shooting. Threatened and Species of Special SUBJECT AREA TO BE ADDRESSED: Subject areas Concern covered in the proposed rule include requirements for access, 68A-27.002 Provision for Harassment of activities, and public safety on Commission Managed shooting Endangered, Threatened and ranges. Species of Special Concern on SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. Airport Property LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution., 68A-27.0021 Designation of Candidate Species; 370.081, 372.6672, 372.6673, 372.6674, 372.86, 372.87, Prohibitions; Permits 372.88, 372.89, 372.90, 372.91, 372.92, 372.921, 372.922 FS. 68A-27.003 Designation of Endangered Species; IF REQUESTED IN WRITING AND NOT DEEMED Prohibitions; Permits UNNECESSARY BY THE AGENCY HEAD, A RULE 68A-27.004 Designation of Threatened Species; DEVELOPMENT WORKSHOP WILL BE NOTICED IN Prohibitions; Permits THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 68A-27.005 Designation of Species of Special WEEKLY. Concern; Prohibitions; Permits THE PERSON TO BE CONTACTED REGARDING THE PURPOSE AND EFFECT: The purpose and effect of the PROPOSED RULE DEVELOPMENT AND A COPY OF proposed rules is to add species to, reclassify species, and/or THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. remove species from the Candidate Species, Endangered Antista, General Counsel, Fish and Wildlife Conservation Species, Threatened Species and Species of Special Concern Commission, 620 South Meridian Street, Tallahassee, Florida lists during calendar year 2008. 32399-1600, (850)487-1764 SUBJECT AREA TO BE ADDRESSED: Subject areas THE PRELIMINARY TEXT OF THE PROPOSED RULE covered in the proposed rules include listing, delisting, and DEVELOPMENT IS NOT AVAILABLE. reclassifying species to the Candidate Species, Endangered Species, Threatened Species and Species of Special Concern DEPARTMENT OF FINANCIAL SERVICES lists. Division of Funeral, Cemetery, and Consumer Services SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution. RULE NO.: RULE TITLE: LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. 69K-1.003 Miscellaneous Fees; Name Changes IF REQUESTED IN WRITING AND NOT DEEMED and Duplicate Licenses UNNECESSARY BY THE AGENCY HEAD, A RULE PURPOSE AND EFFECT: Section 497.140(6)(a), F.S., DEVELOPMENT WORKSHOP WILL BE NOTICED IN requires the Department to impose a special unlicensed activity THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE fee of $5 upon each initial license and each renewal of a license WEEKLY. under Chapter 497, F.S. Section 497.140(4), F.S., authorizes THE PERSON TO BE CONTACTED REGARDING THE the Department to charge a fee as determined by Department PROPOSED RULE DEVELOPMENT AND A COPY OF rule but not to exceed $25 for the issuance of a duplicate THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. license. Section 497.140(5), F.S., requires the Department to Antista, General Counsel, Fish and Wildlife Conservation charge a fee as determined by Department rule but not to Commission, 620 South Meridian Street, Tallahassee, Florida exceed $25 for the certification of a public record. Section 32399-1600, (850)487-1764 497.161(1)(d), F.S., authorizes the Department to adopt a rule THE PRELIMINARY TEXT OF THE PROPOSED RULE establishing a fee of up to $100 for the issuance of a duplicate DEVELOPMENT IS NOT AVAILABLE. license or for a name change on a license. The proposed rule implements these statutory provisions.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5713 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

SUBJECT AREA TO BE ADDRESSED: Special fee for (3) The fee for a duplicate license is $25. A request for a unlicensed activity; fees for issuance of duplicate license, for duplicate license shall be submitted to the Department on Form change of name, and for certification of public records. DFS-N1-1766, “Request for Duplicate License,” effective SPECIFIC AUTHORITY: 497.103(5)(b), 497.140(4), (5), 10/06, which is incorporated by reference in Rule 69K-1.001, 497.161(1)(d) FS. F.A.C. LAW IMPLEMENTED: 497.140(4), (5), (6), 497.161(1)(d) (4) The fee for certification of public records is $5.00. FS. Specific Authority 497.103(5)(b), 497.140(4), (5), 497.161(1)(d) FS. IF REQUESTED IN WRITING AND NOT DEEMED Law Implemented 497.140(4), (5), (6), 497.161(1)(d) FS. History– UNNECESSARY BY THE AGENCY HEAD, A RULE New______. DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DEPARTMENT OF FINANCIAL SERVICES DATE AND TIME: Friday, December 28, 2007, 2:00 p.m. Divsion of Worker’s Compensation PLACE: Alexander Building, 2020 Capital Circle S. E., RULE NO.: RULE TITLE: Tallahassee, Florida 69L-24.0231 Benefits and Administration Trust Pursuant to the provisions of the Americans with Disabilities Fund Penalties Improper Filing Act, any person requiring special accommodations to Practices participate in this workshop/meeting is asked to advise the PURPOSE AND EFFECT: The purpose of the proposed rule agency at least 5 days before the workshop/meeting by amendment, and its effect, is to provide a thirty day time period contacting: Diana Marr, (850)413-3039. If you are hearing or within which a Claims Administrator will not receive a late speech impaired, please contact the agency using the Florida filing penalty for any First Reports of Injury or Illness accepted Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 by the Division of Workers’ Compensation after the Claims (Voice). Administrator is first approved by the Division to electronically submit such reports to the Division. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF SUBJECT AREA TO BE ADDRESSED: Requirements THE PRELIMINARY DRAFT IS: Diana Marr, Director, regarding electronic submission of First Reports of Injury or Division of Funeral, Cemetery, and Consumer Services, Illness to the Division of Workers’ Compensation. Alexander Building, 2020 Capital Circle S. E., Tallahassee, SPECIFIC AUTHORITY: 440.13(11)(b), 440.185, 440.591, Florida 32399-0361, (850)413-3039 440.593(5) FS. LAW IMPLEMENTED: 440.13 (11)(b), 440.185(9), THE PRELIMINARY TEXT OF THE PROPOSED RULE 440.20(8)(a) FS. DEVELOPMENT IS: IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE 69K-1.003 Miscellaneous Fees; Name Changes and DEVELOPMENT WORKSHOP WILL BE HELD AT THE Duplicate Licenses. DATE, TIME AND PLACE SHOWN BELOW: (1) A special unlicensed activity fee of $5.00 per licensee DATE AND TIME: Monday, January 7, 2008, 9:00 a.m. – shall be imposed on each initial license and each renewal of a 12:00 p.m. license under Chapter 497, F.S. These funds shall be used by the Department to identify and combat unlicensed activity PLACE: 104 J Hartman Bldg., 2012 Capital Circle S. E., which violates the provisions of Chapter 497, F.S. Tallahassee, Florida (2) The fee for a name change on a license is $25. The Pursuant to the provisions of the Americans with Disabilities original of the current license must be returned to the Act, any person requiring special accommodations to Department before a license in the changed name will be participate in this workshop/meeting is asked to advise the issued. A request for a name change for business entities shall agency at least 5 days before the workshop/meeting by be submitted to the Department on Form DFS-N1-1764, contacting: Robin Ippolito. If you are hearing or speech “Change of Name & Request for Revised License Certificate – impaired, please contact the agency using the Florida Relay Entities,” effective 10/06. A request for a name change for Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). individuals shall be submitted to the Department on Form THE PERSON TO BE CONTACTED REGARDING THE DFS-N1-1765, “Change of Name & Request for Revised PROPOSED RULE DEVELOPMENT AND A COPY OF License Certificate – Individuals,” effective 10/06. Both forms THE PRELIMINARY DRAFT IS: Robin Ippolito, Bureau are incorporated by reference in Rule 69K-1.001, F.A.C. Chief, Bureau of Monitoring and Audit, Division of Workers’ Compensation, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4224, phone (850)413-1775

5714 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

THE PRELIMINARY TEXT OF THE PROPOSED RULE $50,000 tax threshold per calendar year. This law also revises DEVELOPMENT IS: the exemption for machinery and equipment used in mining operations by removing the requirement that the exemption is 69L-24.0231 Benefits and Administration Trust Fund only available by taking a credit against severance taxes and Penalties Improper Filing Practices. removing the requirement that mining operations must show an (1)(a) through (c) No change. increase in the creation of new jobs. The proposed (d) If the electronic First Report of Injury or Illness is amendments remove these obsolete requirements. assigned an Application Acknowledgement Code of The proposed amendments to Rule 12A-1.097, F.A.C. (Public Transaction Accepted (TA) within 30 days after the Claim Use Forms), adopt, by reference, changes to Form DR-1214, Administrator, as defined in Rule 69L-56.002, F.A.C., is first Application for Temporary Tax Exemption Permit. approved and required by the Division to send electronic First SUMMARY: This is the second notice of intended action that Reports of Injury or Illness to the Division pursuant to has been filed for these proposed rule amendments. A notice of paragraph 69L-56.300(1)(d), F.A.C., the Insurer, as defined in intended action for these amendments was originally published Rule 69L-56.002, F.A.C., shall not be assessed a filing penalty on August 10, 2007, and a hearing was held on September 5, pursuant to paragraph 69L-24.0231(1)(c), F.A.C., based on the 2007. However, due to a clerical error, Rule 12A-1.096, filing requirements established in subsections 69L-56.301(1) Florida Administrative Code (Sales and Use Tax; Industrial and (2), F.A.C. After the completion of the 30 day period Machinery and Equipment for Use in a New or Expanding referenced above, all electronic First Reports of Injury or Business) was not included in the notice of cabinet meeting Illness must be assigned an Application Acknowledgement that was published on November 2, 2007, and therefore, both Code of Transaction Accepted (TA) by the Division within the the substantive rule and the accompanying forms rule required filing timeframes established in subsections (12A-1.097, Florida Administrative Code) were withdrawn 69L-56.301(1) and (2), F.A.C., to be considered timely filed. from consideration by the Governor and Cabinet at their (2) through (6) No change. meeting on November 14, 2007. The Department is restarting Specific Authority 440.13(11)(b), 440.185, 440.591, 440.593(5) FS. the adoption process for these proposed rule amendments in Law Implemented 440.13(11)(b), 440.185(9), 440.20(8)(a) FS. accordance with Section 120.54(3)(a), Florida Statutes. These History–New 8-29-94, Amended 5-14-95, 6-4-97, 11-28-01, Formerly proposed amendments are identical to those originally noticed 38F-24.0231, 4L-24.0231, Amended 1-8-04,______. on August 10, 2007. The proposed amendments to Rule 12A-1.096, F.A.C. (Industrial Machinery and Equipment for Use in a New or Expanding Business), clarify that a “fixed Section II location” is a location or plant site that is used, or intended to Proposed Rules be used, for an extended or indefinite period of time for spaceport activities or for manufacturing, processing, DEPARTMENT OF REVENUE compounding, or producing items of tangible personal property Sales and Use Tax for sale. The definition of “mining activities,” rendered RULE NOS.: RULE TITLES: obsolete by Chapter 2006-56, L.O.F., is removed. Examples 12A-1.096 Industrial Machinery and Equipment are added to the definition of the term “physically for Use in a New or Expanding comparable,” for clarity. The term “production process” is Business clarified to mean that the production process may include 12A-1.097 Public Use Forms quality control activities after the items have been packaged, PURPOSE AND EFFECT: The purpose of the proposed such as good manufacturing practices as mandated by the amendments to Rule 12A-1.096, F.A.C. (Industrial Machinery Federal Food and Drug Administration to detect adulterated and Equipment for Use in a New or Expanding Business), is to: food or food that has been prepared, packaged, or held under (1) incorporate the provisions of Chapter 2006-56, L.O.F., insanitary conditions. Additional provisions are added to which amends Section 212.08(5)(b), F.S. (Machinery and clarify that the production process does not include product equipment used to increase productive output); and (2) revise design activities. The proposed amendments define the terms the requirements for the administration of the exemption “purchase” and “purchase agreement” for purposes of the provided for industrial machinery and equipment used in a new exemption. or expanding business consistent with Section 212.08(5)(b), The proposed amendments revise the provisions describing the F.S., as amended. terms “new business” and “expanding business.” Pursuant to Chapter 2006-56, L.O.F., deletes the $50,000 tax threshold per these proposed amendments, businesses that purchase calendar year on the purchase of industrial machinery and additional machinery and equipment to begin manufacturing equipment used to increase productive output by certain component parts for existing lines of products that were industries. All industries will no longer be required to meet the previously purchased from vendors will be classified as an

Section II - Proposed Rules 5715 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

“expanding business” and will be required to meet the statutory SUMMARY OF STATEMENT OF ESTIMATED requirement to increase productive output. For these expanding REGULATORY COSTS: No Statement of Estimated businesses, that statutory requirement will be met when the Regulatory Cost was prepared. first component part is manufactured for existing lines of Any person who wishes to provide information regarding a products, as the production of that first component part statement of estimated regulatory costs, or provide a proposal represents a 100 percent increase in productive output of that for a lower cost regulatory alternative must do so in writing component part. In addition, the proposed amendments clarify within 21 days of this notice. that the physical productive output measurement must be based SPECIFIC AUTHORITY: 201.11, 202.17(3)(a), 202.22(6), on physical production data that is directly relevant to the 202.26(3), 212.0515(7), 212.07(1)(b), 212.08(5)(b)4., (7), business and/or product(s) being produced. Examples are 212.11(5)(b), 212.12(1)(b)2., 212.17(6), 212.18(2), (3), added to the provisions for a “new business” and for an 213.06(1), 376.70(6)(b), 376.75(9)(b), 403.718(3)(b), “expanding business” to clarify this classification. 403.7185(3)(b), 443.171(2), (7) FS. The proposed amendments revise the provisions describing the LAW IMPLEMENTED: 92.525(1)(b), (3), 95.091, 125.0104, term “expanding business,” removing provisions regarding the 125.0108, 201.01, 201.08(1)(a), 201.133, 201.17(1)-(5), $50,000 tax threshold per calendar year on the purchase of 202.11(2), (3), (6), (16), (24), 202.17, 202.22(3)-(6), 202.28(1), industrial machinery and equipment used to increase the 203.01, 212.02, 212.03, 212.0305, 212.031, 212.04, 212.05, productive output of tangible personal property. This tax 212.0501, 212.0515, 212.054, 212.055, 212.06, 212.0606, threshold requirement was repealed by Chapter 2006-56, 212.07(1), (8), (9), 212.08, 212.084(3), 212.085, 212.09, L.O.F. The proposed amendments also remove provisions 212.096, 212.11(1), (4), (5), 212.12(1), (2), (9), (13), 212.13, regarding mining activities rendered obsolete by Chapter 212.14(5), 212.17, 212.18(2), (3), 213.235, 213.255(2), (3), 2006-56, L.O.F. 213.29, 213.37, 215.26, 219.07, 288.1258, 376.70, 376.75, The proposed amendments provide that existing products that 403.717, 403.718, 403.7185, 443.036, 443.121(1), (3), merely incorporate newer technology are not considered to be 443.131, 443.1315, 443.1316, 443.171(2), (7) FS. a distinct and separate economic activity. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF The proposed amendments clarify that an application for THIS NOTICE, A HEARING WILL BE HELD AT THE refund must meet the requirements of Section 213.255(2) and DATE, TIME AND PLACE SHOWN BELOW (IF NOT (3), F.S., and Rule 12-26.003, F.A.C., to be considered REQUESTED, THIS HEARING WILL NOT BE HELD): complete. DATE AND TIME: January 8, 2008, 10:00 a.m. The proposed amendments provide additional examples of PLACE: Room 118, Carlton Building, 501 S. Calhoun Street, types of industrial machinery and equipment to clarify whether Tallahassee, Florida post-production machinery and equipment used for Pursuant to the provisions of the Americans with Disabilities refrigerated, frozen, or heated storage of finished goods Act, any person requiring special accommodations to inventory qualifies for the exemption. Provisions are added to participate in this workshop/meeting is asked to advise the clarify that conveyors used to transport work-in-process within agency at least 48 hours before the workshop/meeting by the production line at the fixed location will qualify for contacting: Larry Green at (850)922-4830. If you are hearing exemption. Additional examples are provided, and obsolete or speech impaired, please contact the agency using the Florida provisions are removed, to clarify whether computers and Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 related equipment will be considered a part of the production (Voice). process and qualify for exemption. Obsolete provisions THE PERSON TO BE CONTACTED REGARDING THE regarding agricultural equipment, which became fully exempt PROPOSED RULES IS: Jeffery L. Soff, Tax Law Specialist, under the provisions of Section 212.08(3), F.S., as amended in Technical Assistance and Dispute Resolution, Department of 2005, are removed. Additional provisions are included to Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, clarify whether monitoring equipment, office equipment, telephone (850)922-4719 security systems, motor vehicles, and locomotives or railroad cars will qualify for the exemption. THE FULL TEXT OF THE PROPOSED RULES IS: The proposed amendments consolidate and clarify provisions for the application of the exemption to leases of machinery and 12A-1.096 Industrial Machinery and Equipment for Use in equipment for new and expanding businesses. a New or Expanding Business. The proposed amendments to Rule 12A-1.097, F.A.C. (Public (1) Definitions – The following terms and phrases when Use Forms), adopt, by reference, changes to Form DR-1214, used in this rule shall have the meaning ascribed to them Application for Temporary Tax Exemption Permit. except where the context clearly indicates a different meaning:

5716 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(a) “Fixed location” means a being permanently affixed to to a wholesaler or an end consumer. The business performing one (1) location or plant site that is used, or intended to be the manufacturing, processing, compounding, or production used, for an extended or indefinite period of time for spaceport process may or may not own the raw materials. However, the activities or for manufacturing, processing, compounding, or phrase “manufacture, process, compound, or produce for sale” producing items of tangible personal property for sale. The does not include fabrication, alteration, modification, cleaning, term also includes a location where a any portable plant which or repair services performed on items of tangible personal is set up for a period of not less than six months in a stationary property belonging to others where such items of tangible manner so as to perform the same industrial manufacturing, personal property are not for sale. processing, compounding, or production process that could be (e) “Mining activities” means phosphate and other solid performed at a permanent location or plant site. The minerals severance, mining, or processing operations. Mining geographical limits of the fixed location for purposes of this activities end at the point where the mineral is readily rule are limited to the immediate permanent location or plant identifiable as the final product of mining or where it is ready site. Facilities or plant units that are within the same building, to be compounded or mixed with other materials to form a new or that are on the same parcel of land if not contained in a material. (See subsection (4) of this rule.) building, are considered to be one fixed location. (e)(f) “Physically comparable” means the similarity or (b) “Industrial machinery and equipment” means tangible equivalency of the characteristics of the items of tangible personal property or other property with a depreciable life of 3 personal property being manufactured, processed, years or more that is used as an integral part in the compounded or produced. Physical comparability applies to manufacturing, processing, compounding, or production of the units used to measure the increase in productive output of tangible personal property for sale or is exclusively used in an expanding business. spaceport activities. Buildings and their structural components 1. Example: All models of microwave ovens made by a are not industrial machinery and equipment unless the building manufacturer, regardless of specific features, would be or structural component is so closely related to the industrial physically comparable. However, if the manufacturer also machinery and equipment that it houses or supports that the made coffee makers, the coffee makers would not be building or structural component can be expected to be physically comparable to microwave ovens, even though both replaced when the machinery and equipment itself is replaced. items are generally considered small kitchen appliances. Heating and air conditioning systems are not considered 2. Example: A beverage manufacturer produces a variety industrial machinery and equipment, unless the sole of soft drinks in various sized cans and bottles. The production justification for their installation is to meet the requirements of of the various sized cans and bottles of soft drinks is not the production process, even though the system may provide physically comparable. However, production is physically incidental comfort to employees, or serves, to an insubstantial comparable when converted to a common physical unit, such degree, nonproduction non-production activities. For example, as gallons of product a dehumidifier installed for the sole purpose of conditioning air (f)(g) “Production process” or “production line” means in a factory, where the manufacturing of electronic components those industrial activities beginning when raw materials are requires a controlled-humidity environment, will be considered delivered to the new or expanding business’ fixed location and industrial machinery and equipment. (See subsection (8)(9) of generally ending when the items of tangible personal property this rule.) have been packaged for sale, or are in saleable form if (c) “Integral to” means that the machinery and equipment packaging is not done. However, the production process may provides a significant function within the production process, include quality control activities after the items have been such that the production process could not be complete without packaged (or are in salable saleable form if packaging is that machinery and equipment. normally not done), such as if such quality control activities (d) “Manufacture, process, compound, or produce for are required by good manufacturing practices as mandated by sale” means the various industrial operations of a business the Federal Food and Drug Administration to detect where raw materials will be put through a series of steps to adulterated food or food that has been prepared, packaged, or make an item of tangible personal property that will be sold. held under insanitary conditions or mandated by state or The industrial operations must bring about a change in the federal government agencies. composition or physical nature of the raw materials. Where 1. The production process may encompass more than one materials are merely repackaged or redistributed, those fixed location if the business transfers work-in-process from operations are not manufacturing, processing, compounding, or one fixed location to a second fixed location for further producing for sale. The item of tangible personal property may manufacturing, processing, compounding, or production. For be sold to another manufacturer for further processing or for example, a company purchases machinery and equipment to inclusion as a part in another item of tangible personal property produce raw orange juice at one fixed location, and this raw that will be sold, or the item may be sold as a finished product

Section II - Proposed Rules 5717 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 orange juice is transferred as work-in-process to a second fixed measure the increased productive output for the business location where the company will use the raw orange juice to expansion, even though some 12-month period other than the make five different products. selected and approved 12-month period may show a 2. A production process does not include natural processes production increase of 10 percent or more as a result of the occurring before raw material is delivered to the receiving expansion project. Productive output may not be measured by operation or after the packaging operation. For example, the sales dollars or by production labor hours for the purposes of natural transformation of grass or feed into raw milk by dairy this exemption. cows is not part of the production process. In this case, the (h) “Purchase,” “purchases,” or “purchasing” means the production process begins with when the cows (i.e., raw transfer of title or possession, or both, of industrial machinery materials) are brought into the milking parlor. The Neither is and equipment for a consideration. The terms also include the the planting, growing, or harvesting of crops, and nor the acquisition of industrial machinery and equipment under a raising of livestock or poultry are not , part of the production lease or rental agreement. process. The Also, the natural aging or fermentation of (i) “Purchase agreement” means a document, in the form alcoholic beverages or other food products, after they have of a purchase order issued by the purchaser, a contract for been packaged, is also not part of the production process. The purchase with a seller or vendor, a memorandum of There, the production process ends when the alcoholic understanding, or a lease or rental agreement with a lessor. beverage or other food product has been packaged for sale. (j)(i) “Spaceport activities” means those activities as 3. The production process does not include product design defined in Section 212.02, F.S. Florida Statutes. activities. For example, the computer aided design of a product (2) New Business. where the final design program or computer file for that (a) The purchase of industrial machinery and equipment, product will be sent to or downloaded to industrial machinery parts and accessories, and the installation labor thereof, is and equipment for the physical creation of the product is not a exempt from tax when purchased by a new business which part of the production process. Similarly, the production uses such machinery and equipment at a fixed location in this process for printed materials does not include the initial state for exclusive use in spaceport activities, or to conception or creation of the written matter. For example, the manufacture, process, compound, or produce items of tangible writing of a story by a reporter for subsequent printing in a personal property for sale. newspaper is not a part of the production process. (See (b) Machinery and equipment must be purchased, or a subsection (8) paragraph (9)(b) of this rule regarding purchase agreement made, before the new business begins machinery and equipment and the production process.) spaceport activities or starts production, and delivery of the (g)(h) “Productive output” ordinarily means the number of purchased items must be made within 12 months from the units actually produced by a single plant or operation in a beginning of spaceport activities or the start of production. single continuous 12-month period. The increase in productive (c) The date of purchase of the machinery and equipment output is shall be measured by the output for 12 continuous is established by the date of the purchase agreement. If no months immediately following the completion of the purchase agreement was made, or in the absence of proof that a installation of machinery and equipment for the expansion purchase agreement was made prior to the determined project as compared to the productive output of 12 continuous beginning of spaceport activities or the start of production, the months immediately preceding the beginning of the installation machinery and equipment vendor’s sales invoice will be the of machinery and equipment for the expansion project. controlling document for determining whether the machinery However, if a different 12- month continuous period would and equipment qualifies for the exemption. No exemption will more accurately reflect the increase in productive output as a be allowed even though delivery of machinery and equipment result of a business expansion, the increase in productive is made within 12 months from the beginning of spaceport output will be measured during that alternate 12-month activities or the start of production if the machinery and continuous period, provided that prior to the start of production equipment was ordered after the beginning of spaceport by the expanded business the Executive Director or the activities or the start of production. If a purchase agreement Executive Director’s designee agrees to such alternate that was made prior to the start of production is amended or measuring period. Such alternate continuous 12-month changed after the start of production, any amendments or measuring period approved by the Executive Director or the changes that increase the quantity of an item of machinery or Executive Director’s designee must begin within 24 months equipment will not qualify for the exemption. Any following the completion of installation of qualifying amendments or change orders to that purchase agreement that machinery and equipment. If an alternate 12-month measuring provide for the substitution of a like kind item of machinery or period is requested by the business entity and is agreed to by equipment will qualify for the exemption. the Executive Director or the Executive Director’s designee, only the selected alternate 12-month period will be used to

5718 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(d)1. The start of production is shall be the date that a considered a new business for the purpose of installing a product is manufactured, processed, compounded, or produced dedicated assembly line for the manufacturing of refrigerators. where such product will be inventoried for sale or will be A new business does not mean an addition to, or the immediately sold. However, if this date does not reflect the enlargement of, an existing facility or plant, or the installation actual start of production, the date of the start of production of additional machinery and equipment at an existing facility will shall be determined by the Executive Director or the or plant, for the purpose of manufacturing, processing, Executive Director’s designee on a case by case basis. In such compounding, or producing component parts that were cases, the business is required to shall maintain sufficient previously purchased from, or fabricated by, outside sources records to enable the Executive Director or the Executive for inclusion in that business’ finished items of tangible Director’s designee to make a proper determination as to the personal property for sale. (See subsection (4)(5) of this rule initial production activities of the new facility. (See subsection regarding manufacturing business classification factors.) (6)(7) of this rule for record keeping requirements.) 3. A new business means opening a new facility or plant, a. Initial test or trial runs necessary to calibrate or evaluate at a fixed location in this state, to manufacture, process, the operation of machinery and equipment, where the products compound, or produce an item of tangible personal property made are scrapped or sold for salvage value, are not considered for sale, or to exclusively use industrial machinery and to be the start of production. The operation of machinery and equipment in spaceport activities, provided no other facility or equipment at less than full capacity, where the products made plant in this state that manufactured, processed, compounded, are inventoried or immediately sold, is considered to be the or produced the same or a similar item of tangible personal start of production. property, or performed the same or a similar spaceport activity, b. Production is considered to have started even though the at a fixed location in this state, was closed to open the new production line may not be complete, if any part(s) of the facility or plant, or will be closed within 12 months. However, production process is subcontracted to others and a finished this limitation concerning the closure of a facility or plant is product can be inventoried or immediately sold. not applicable to a mining activity when a mine is closed due to 2. The beginning of spaceport activities is shall be the date the exhaustion or depletion of the mined resource such that that industrial machinery and equipment is first exclusively mining is no longer economically feasible at that location. used for that purpose. However, if this does not reflect the 4. A new business does not mean the change of ownership actual beginning of spaceport activities, the date will shall be of an existing facility or plant, at a fixed location in this state, determined by the Executive Director or the Executive that manufactures, processes, compounds, or produces items of Director’s designee on a case-by-case basis. In such cases, the tangible personal property for sale, or exclusively uses business is required to shall maintain sufficient records to industrial machinery and equipment in spaceport activities, by enable the Executive Director or the Executive Director’s a purchase arrangement, merger, or some other similar means, designee to make a proper determination as to the beginning of unless such facility or plant ceased doing productive operations spaceport activities of the new facility. (See subsection (6)(7) for a period of not less than 12 months. of this rule for record keeping requirements.) (3) Expanding Business. (e) The Executive Director or the Executive Director’s (a) The purchase of industrial machinery and equipment, designee will shall determine if a business qualifies for the parts and accessories, and the installation thereof, is exempt exemption as a new business, based on the facts in each from tax when purchased by an expanding business that uses particular case. such machinery and equipment at a fixed location in this state 1. A new business means a newly-formed company that to increase the productive output of tangible personal property opens a facility or plant, at a fixed location in this state, to that is manufactured, processed, compounded, or produced for manufacture, process, compound, or produce items of tangible sale by not less than 10 percent, or for exclusive use in personal property for sale, or to exclusively use industrial spaceport activities. Industrial machinery and equipment, parts machinery and equipment in spaceport activities. and accessories, and the installation labor thereof, purchased 2. A new business means an addition to, or the by a business for the purpose of expanding spaceport activities, enlargement of, an existing facility or plant, or the installation or the operation of a plant at an existing fixed location in this of additional machinery and equipment, for the purpose of state to manufacture, process, compound, or produce items of manufacturing, processing, compounding, or producing items tangible personal property for sale is exempt from any amount of tangible personal property for sale that represent a distinct of taxes imposed in excess of $50,000 per calendar year. The and separate economic activity from other items that have been taxpayer may elect to pay the entire $50,000 in tax directly to or are being produced at that same fixed location, or to the Department at the beginning of the expansion project or at exclusively use industrial machinery and equipment in distinct the beginning of the calendar year, or accrue or pay the tax on and separate spaceport activities. For example, a company that each qualifying purchase until the $50,000 tax limitation is currently manufactures washing machines would be reached. The business entity may then extend a Temporary Tax

Section II - Proposed Rules 5719 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Exemption Permit in lieu of paying any additional sales tax in c. For example, a washing machine manufacturer that excess of the $50,000 in tax for the remainder of the calendar previously purchased water pumps from an outside supplier as year. For each subsequent year the project is ongoing, the component parts for the washing machines would be taxpayer may again elect to pay the entire $50,000 in tax considered an expanding business, rather than a new business, directly to the Department at the beginning of the calendar when it purchases machinery and equipment to begin year, or accrue or pay the tax on each qualifying purchase until manufacturing its own component water pumps and does not the $50,000 tax limitation is reached. offer the water pumps for sale to others. When the first (b)1. Only the actual sales or use tax imposed on component water pump is produced, the manufacturer, as an qualifying purchases for the calendar year shall apply to the expanding business, meets the required productive output $50,000 tax threshold even though the tax may be paid in a increase. subsequent calendar year. d.b. An expanding business means an addition to, or the 2. EXAMPLE 1. Sales or use tax paid to the state in modernization or enlargement of, an existing facility or the January 1999 for the period ending December 31, 1998, would installation of additional machinery and equipment to perform be allowed as part of the $50,000 tax threshold for 1998, since a spaceport activity that is already being performed, or is the tax paid with the December 1998 sales tax return would similar to an activity that is already being performed, at that have been imposed in 1998. fixed location. 3. EXAMPLE 2. Sales or use tax paid to the state in 2. An expanding business means closing an existing plant January 1999 for the period ending December 31, 1998, would or an operation in a plant in this state and moving it to a new not be allowed as part of the $50,000 tax threshold for 1999, location in this state within 12 months of the closing. since the tax paid with the December 1998 sales tax return 3. An expanding business means the purchase of an would have been imposed in 1998. existing facility to manufacture, process, compound, or 4. Expanding printing facilities or printing plant units are produce an item of tangible personal property that which is not subject to the $50,000 tax threshold. already being produced at that facility, or which is similar to an (b)(c) The Executive Director or the Executive Director’s item of tangible personal property that which is already being designee will shall determine whether a business qualifies for produced at that facility. the exemption as an expanding business, based upon the facts (c)1.(d) To In order to qualify for an exemption as an of each case using the following guidelines, provided the expanding business, the taxpayer is required to shall provide requirements of paragraphs (3)(a) and (d) are complied with: information to the satisfaction of the Executive Director or the 1.a. An expanding business means an addition to, or the Executive Director’s designee that the items purchased will modernization or enlargement of, an existing facility or the shall be or have been used to increase the productive output of installation of additional machinery and equipment to the existing facility or specific product line(s) by not less than manufacture, process, compound, or produce an item of 10 percent. An expanding business is allowed to specify tangible personal property that which is already being whether the 10 percent increase in productive output is for the produced at that fixed location in this state or which is similar entire plant or for specific product line(s). However, where the to an item of tangible personal property that which is already increase in productive output applies to a product or being produced at that fixed location. component that becomes part of different product lines, the b. An expanding business means an addition to, or the increase in productive output will be determined by measuring modernization or enlargement of, an existing facility or the the increase in the combined output of the different product installation of additional machinery and equipment to begin lines. Similarly, if the additional machinery and equipment manufacturing, processing, compounding, or producing a affects the productive output of more than one product line, the component item of tangible personal property that will be increase in productive output must be measured by all of the incorporated into a finished item of tangible personal property product lines that have been affected. for sale that is already being produced at that fixed location. a. Example: If For example, if a company purchases When the component item of tangible personal property is machinery and equipment that increases its production of raw manufactured, processed, compounded, or produced, the orange juice by 25 percent, and this raw orange juice is used by completion of the first component item meets the required the company to make five different products, the increase in productive output increase. When the business manufactures, productive output would be determined by measuring the processes, compounds, or produces that component for sale to volume increase in the combined output of all five different others and incorporates that component in other items of products. tangible personal property for sale, the business would be b. Example: A beverage manufacturer that currently classified as a new business. produces a variety of soft drinks in 12-ounce cans purchases machinery and equipment to begin making plastic bottles and also purchases additional mixing machinery and equipment to

5720 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 make more syrup for overall beverage production. Effectively, (c) The Office of Tourism, Trade, and Economic there are two separate expansion projects for this manufacturer. Development shall certify the creation of new Florida jobs to The plastic bottle expansion project will meet the required the Department of Revenue. The exemption to new and productive output increase requirement upon production of the expanding businesses engaged in mining activities will not be first bottle. However, the productive output increase approved until the Department of Revenue has received such requirement for the additional mixing machinery and certification. equipment must be measured by the amount of beverages (4)(5) Manufacturing Business Classification Factors. produced at the plant. (a) When an additional product is made at an existing c. Example: A manufacturer of coffeemakers, toasters, and fixed location, the determination whether that business is microwave ovens purchases replacement machinery and classified for the exemption as a new business or as an equipment that is only used to make components for the expanding business will depend upon whether the additional coffeemakers. The productive output increase may be product represents an economic activity that is distinct and measured just on the production of coffeemakers. separate from a product, or a group of products, that is already 2. The physical productive output measurement must be being manufactured, processed, compounded, or produced at based on physical production data, which is directly relevant to that fixed location. the business and/or the product(s) being produced. A physical (b) The Executive Director or the Executive Director’s productive output measurement based on indirect or minor, designee will make a determination regarding the classification variable components is not a relevant measurement. For of a business’ application for exemption on a case-by-case example, a relevant measurement for a furniture manufacturer basis. The Department will be guided by the following factors would be the number of pieces of furniture manufactured, not when making a determination: the amount of glue, paint, stain, or varnish used in the 1. The general nature of the applicant’s predominant manufacturing of furniture. existing business; 3. Expanding spaceport activities are not subject to the 2. The Standard Industrial Classification (SIC) or North increase in productive output requirement. American Industry Classification System (NAICS) industry (4) Mining Activities. number of the existing product(s) versus the additional (a) The exemption for new and expanding mining product; activities is available only by way of a prospective credit 3. The raw materials or components used to make the against severance taxes due under Chapter 211, F.S. In order to existing product(s) versus the additional product; qualify for the exemption, businesses engaged in mining 4. Whether the additional product is an alternative to, or activities must demonstrate the following: represents a replacement for, the existing product(s); 1. A new business must demonstrate the creation of at 5. The differences in machinery and equipment needed to least 100 new Florida jobs. make the existing product(s) versus the additional product; and 2. An expanding business that has 2,500 or fewer Florida 6. The units used to measure production of the existing employees must demonstrate the creation of new Florida jobs product(s) versus the additional product. in an amount equal to at least 5 percent of its Florida (c) No single factor within paragraph (b) will decide employees; or whether the additional product represents a distinct and 3. For an expanding business that has more than 2,500 separate economic activity. Florida employees, that business must demonstrate the creation (d) Additional products Products that merely differ in size, of new Florida jobs in an amount equal to at least 3 percent of color, flavor, style, packaging, or model line, or existing its Florida employees. products that merely incorporate newer technology, are not 4. In addition to the requirements of subparagraph 2. or 3. considered to be a distinct and separate economic activity. For above, expanding mining businesses must also meet the example, the manufacturing of electronic products based on requirements of paragraphs (3)(a) and (d) above. digital technology is not a distinct and separate economic (b) “New Florida job” means a new position created and activity from the manufacturing of electronic products based filled within 24 months after the completion of construction of on analog technology. the new or expanded facility. The term includes a transfer of a (e) The business claiming an exemption as a new business position from an existing Florida operation so long as the has shall have the burden of demonstrating that the additional transfer is the result of the closure or reduction of the other product represents a distinct and separate economic activity Florida operation. For an expanding business, the number of from a product, or group of products, that is already being existing Florida employees shall be determined as of the date manufactured, processed, compounded, or produced at the on which the business commences construction of the fixed location. expansion. (5)(6) Temporary Tax Exemption Permit – Refund or Credit.

Section II - Proposed Rules 5721 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(a)1. To receive the exemption provided under subsection taxes. Refunds will shall not be allowed until information has subsections (2) or (3), a qualifying business entity must apply been provided to the satisfaction of the Executive Director or to the Florida Department of Revenue, Technical Assistance the Executive Director’s designee that such machinery and and Dispute Resolution, Post Office Box 7443, Tallahassee, equipment meets the requirements of this rule and is used as Florida 32314-7443, for a temporary tax exemption permit. designated herein. Only the qualified business entity that The business entity seeking a temporary tax exemption must which will use the qualifying machinery and equipment at a file an Application for Temporary Tax Exemption Permit fixed location in this state in manufacturing, processing, (Form form DR-1214) with the Department prior to receiving a compounding, or producing tangible personal property for sale, permit or refund for the new or expanded business. Upon a or for exclusive use in spaceport activities is entitled to request tentative affirmative determination of the business’s a refund of sales or use taxes paid on qualifying industrial qualification for exemption by the Executive Director or the machinery and equipment, or installation thereof. A qualifying Executive Director’s designee, a temporary tax exemption mining activity business under subsection (4) of this rule will permit will shall be issued to, or a refund authorized for, the receive the exemption by way of a credit against severance business entity. taxes instead of a refund of sales and use tax. 2. To receive the exemption provided by subsection (4) for 2. Before the owners of a qualifying new or expanded mining activities, a qualifying business entity must also file an business under subsection (2) or (3) may request a refund of, or Application for Temporary Tax Exemption Permit (Form a qualifying mining business under subsection (4) may request DR-1214). However, those businesses will not be issued a a credit for, sales or use taxes paid by their contractors on temporary tax exemption permit, since the exemption is only qualifying industrial machinery and equipment, or installation available to that industry by way of a prospective tax credit. thereof, the following certified statement(s) must be executed: (b)1. A temporary tax exemption permit may be issued a. If a subcontractor was involved, the subcontractor must only to the qualified business entity which will use the obtain a certified statement from its supplier(s) or other qualifying machinery and equipment at a fixed location in this subcontractor(s) certifying that the supplier or other state in manufacturing, processing, compounding, or producing subcontractor has remitted the tax to the State, or certifying tangible personal property for sale, or for exclusive use in that the subcontractor has remitted use tax directly to the State. spaceport activities. Such permit may be extended by the The subcontractor must then extend the statement(s) it has business entity to its vendor(s) or to its authorized contractor(s) executed or obtained from suppliers or other subcontractors to operating under lump sum, cost plus, fixed fee, guaranteed the prime contractor; and, price, or any other type of contract executed for the purpose of b. The prime contractor must obtain a certified statement constructing a new or expanded business. The authorized from its supplier(s) and subcontractor(s) certifying that the contractor(s) may, likewise, extend the temporary tax supplier or subcontractor has remitted the tax to the State, or exemption permit to its vendor(s) for use in purchasing certifying that the prime contractor has remitted use tax qualifying machinery and equipment tax exempt. The business directly to the State. The prime contractor must then extend the entity that extends the temporary tax exemption permit to a statement(s) it has executed or obtained from its supplier(s) or contractor or subcontractor for the purpose of authorizing that subcontractor(s) to the qualifying new or expanded business contractor or subcontractor to purchase qualifying machinery entity to support the refund claim. and equipment tax exempt will be responsible for paying the (d)1. The following is a suggested format for a certified sales and use tax on any nonqualified items purchased tax statement that tax has been remitted to the State of Florida: exempt by the contractor or subcontractor. COMPANY, incorporated in the state of STATE, its 2. Upon completion of purchases of qualifying machinery undersigned officer who is duly authorized, hereby certifies to and equipment, the temporary tax exemption permit is required QUALIFYING NEW OR EXPANDING BUSINESS, OR to shall be hand delivered to the Department or returned by CONTRACTOR, OR SUBCONTRACTOR it has paid sales certified or registered mail. If the permit is returned by mail, tax to the Department of Revenue, State of Florida, totaling the the permit should shall be mailed to the Florida Department of sum of $______. Said taxes were collected by COMPANY Revenue, Technical Assistance and Dispute Resolution, P. O. upon the sales of tangible personal property as evidenced by Box 7443, Tallahassee, Florida 32314-7443. the attached invoice(s). (c)1. If a qualifying business entity fails to apply for a The company further certifies the sales tax for the attached temporary tax exemption permit before purchasing qualifying invoice(s) was paid to the State of Florida in the month machinery and equipment for a new or expanded business, or if following the date of sale under sales tax number the initial determination by the Executive Director or the ______. Executive Director’s designee is negative, the exemptions provided by subsections (2) and (3) above may be obtained only by a refund to the business entity of previously paid

5722 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Dated at ______County ______, Florida, this ___ day of by the Department at all reasonable hours at the qualifying ___ 20___. business entity's location in this state. Any qualifying business AUTHORIZED OFFICER OF COMPANY entity that which maintains such books and records at a point BY: ______outside this state is required to shall make such books and TITLE: ______records available for inspection by the Department where the 2. The above certified statement will not be necessary general records are kept. where the business entity claiming the refund has self-accrued (7)(8) Exclusions. and remitted the tax directly to the State of Florida. However, (a) The exemptions provided by subsections (2) and (3) documentation that the tax has been remitted to the State of do, (3), and (4) above shall not apply to machinery and Florida in a timely manner is required. equipment purchased or used by electric utility companies; (e) The right to a refund of, or credit for, sales or use taxes. communication companies; oil or gas exploration or l. New Businesses. production operations; publishing firms that do not export at least 50 percent of their finished product out of the state; any 1.a. An application for refund by a new business must be firm subject to regulation by the Division of Hotels and filed within 3 years after the date the tax was paid in Restaurants of the Department of Business and Professional accordance with the timing provisions of Section s. 215.26(2), Regulation; or any firm which does not manufacture, process, F.S. However, an application for refund will shall not be compound, or produce items of tangible personal property for considered complete pursuant to Section s. 213.255(2) and (3), sale, or exclusively use machinery and equipment in spaceport F.S., and Rule 12-26.003, F.A.C., and a refund will shall not be activities. approved, before the date the new manufacturing or printing business first places a product in inventory or immediately (b) If a publishing firm is also the printer of the finished sells a product, or before the date a new business engaged in product, the Department will consider the business to be a spaceport activities begins those activities. printer for the purpose of the exemption. Therefore, the above indicated 50 percent requirement would not apply to such a b. The right to a credit for sales or use taxes paid by a new business. business engaged in mining activities shall not be allowed before the date the Department of Revenue has received the (8)(9) Types of industrial machinery and equipment that certification of new Florida jobs. (See subsection (4) of this will or will not qualify for the exemption. rule.) (a) For the purpose of this exemption, industrial 2. Expanding Businesses. machinery and equipment includes: 2.a. An application for refund by an expanding business 1. Special foundations required for the support of such must be filed within 3 years after the date the tax was paid in qualifying machinery and equipment; accordance with the timing provisions of Section s. 215.26(2), 2. Electrical wiring from the nearest power panel or F.S. However, an application for refund will shall not be disconnect box to the qualifying machinery and equipment; considered complete pursuant to Section s. 213.255(2) and (3), and F.S., and Rule 12-26.003, F.A.C., and a refund will shall not be 3. Plumbing connections necessary to connect the approved, before the date an expanding manufacturing or machinery and equipment to the nearest water supply or drain printing business can substantiate that the business expansion line. has increased the productive output at the existing facility by (b) The exemption for industrial machinery and equipment not less than 10 percent, or for an expanding business engaged ends at that stage of the production process where the product in spaceport activities, before the date of completion of the produced is placed in a package (or is in salable saleable form installation of the machinery and equipment. if packaging is normally not done) to be sold to the wholesaler, b. The right to a credit for sales or use taxes paid by an retailer, or other purchaser. Machinery and equipment for the expanding business engaged in mining activities shall not be refrigerated, frozen, heated, or otherwise temperature- allowed before the date that business can substantiate that the controlled storage or warehousing of packaged finished goods business expansion has increased the productive output at the inventory, solely for preservation purposes, prior to shipment existing facility by not less than 10 percent, and the or delivery to customers, is not a part of the production Department of Revenue has received the certification of new process. However, the production process may include quality Florida jobs. (See subsection (4) of this rule.) control activities for perishable goods after the item of tangible (6)(7) Record Keeping Requirements. The applicant is personal property has been packaged (or is in saleable form if required to shall maintain all necessary books and records to packaging is normally not done), if such quality control support the exemption. All such books, invoices, certified activities are required by good manufacturing practices statements, and other records must shall be open for inspection mandated by state or federal government agencies.

Section II - Proposed Rules 5723 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

1. Example: A manufacturer’s cold storage facility that is production process, will qualify for exemption. For example, used solely for the warehousing of processed and packaged equipment used to remove wood chips and sawdust from foods is not a part of the production process regardless of the around a qualified industrial wood lathe will qualify for fact that custom palletized orders may be assembled within the exemption. cold storage facility for customers. (i) Parts and accessories for industrial machinery and 2. Example: A manufacturer produces a product that must equipment purchased for replacement, maintenance, or repair be frozen to be in a salable condition. The facility that purposes do not qualify for this exemption unless purchased performs the freezing function also stores the product prior to by: shipment. The freezing facility will qualify as a part of the 1. A new business before production or spaceport production process. activities begin, and delivery is made within 12 months from 3. Example: Customer accessible refrigerated cases the start of production or spaceport activities; or containing prepackaged meats in a butcher shop are not a part 2. An expanding business before the completion of the of the production process, regardless of the fact that a customer expansion project. may request that a package of meat be recut, trimmed, or 3. Parts and accessories purchased for replacement, ground. maintenance, or repair that have already received an exemption 4. Example: Refrigerated cases containing meats or pursuant to Section 212.08(7)(xx)(zz), F.S., are not entitled to seafood that are only accessible by employees, where such shall not be allowed an exemption as provided in this rule for meats or seafood may be further processed by packaging, the same amount of tax pursuant to this paragraph. cutting, grinding, or steaming or otherwise cooked, are a part (j) Conveyers or related equipment used to transport raw of the production process. materials from the storage area located at the fixed location to 5. Example: Bakery display cases where the baked goods the production line, or to transport work-in-process within the are only accessible by bakery shop personnel for slicing or production line at the fixed location, will qualify for packaging are a part of the production process. exemption. 6. Example: Refrigerated or heated display cases or (k) Computers and computer equipment. preparation units for deli items that are only accessible by deli 1. Computers and computer equipment, such as computer personnel are a part of the production process. aided manufacturing (CAM) systems used to direct and control 7. Example: A citrus juice manufacturer is prohibited by the functions of exempt industrial machinery and equipment federal regulations from selling its inventory of processed juice will qualify for exemption, even though such computers may before required post-production microbial tests are performed. also have non-production related applications or uses. Accordingly, the refrigerated or frozen storage of processed 2. Computers and computer equipment, such as computer juice is a part of the manufacturing process. aided design (CAD) systems used in the conception or design (c) Quality control equipment installed within the of a product and computers and computer equipment used to production line and required to perform quality checks on each input original images or data into a publishing system are not a item, article, or batch produced before the item, article, or part of the production process and will not qualify for batch can be sold qualifies for the exemption. exemption. (d) Preproduction, random, or postproduction quality 3. Computers and computer equipment used in an control equipment qualifies shall qualify as industrial ancillary function, such as data storage or backup, are not a machinery and equipment, if it is an integral part of the part of the production process and will not qualify for production process. exemption. (e) Industrial machinery and equipment that which is an 4. Portable computers, such as laptops and similar portable integral part of the production process, as well as in devices, including digital cameras, will not qualify for postproduction, such as a forklift fork-lift, will qualify for the exemption unless such items are exclusively used at the fixed exemption. location. (f) Pollution control equipment, or sanitizing and 5. The initial purchase of software for qualifying sterilizing equipment, that is an integral part of the production computers and computer equipment will qualify for exemption. process qualifies for exemption. However, software license renewals will not qualify for (g) Monitoring machinery and equipment, such as exemption. computers, video, or other sensing systems or devices that are (l) Machines used to control exempt industrial machinery essential to that is an integral part of the production process, and equipment through the reading or sensing of a tape or some qualifies for exemption. other similar means will qualify for exemption. (h) Machinery and equipment used to remove waste (l)(m) Masks, molds, jigs, or templates, where such materials away from industrial machinery and equipment, property is integral to the production process, will qualify for where the removal is required to maintain the operation of the exemption. The machinery and equipment that is integral to the

5724 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 creation or maintenance of those masks, molds, jigs, or (c) When a qualifying expanding business entity leases templates will also qualify for exemption, even though such industrial machinery, equipment, or parts thereof, in lieu of machinery and equipment is not a direct part of the production purchasing those items, the tax exemption limitation for the process. sales or use taxes paid on such industrial machinery, (m)(n) Machinery and equipment used in the general equipment, or parts thereof, shall apply to each calendar year repair or maintenance of the plant or production machinery and of the original term of the lease agreement. For example, an equipment, such as welders, gear-pullers, or bench grinders, expanding business (non-printing) that enters into a 60-month does not qualify for the exemption. However, specialized operating lease will be subject to the $50,000 tax threshold for machinery and equipment that is continuously required to keep each calendar year that the lease is in effect. Any subsequent production machinery and equipment calibrated or in optimum renewals or extensions of the original term of the lease condition, such as a sharpening machine in a sawmill, will agreement shall be fully taxable. qualify for the exemption. (b)(d) The exercise of a purchase option in an operating (o) Machinery and equipment qualifying for a partial lease is considered to be a purchase made after the start of exemption from tax under Section 212.08(3), F.S., is not production for a new business, or a purchase made outside the eligible for the exemption under Section 212.08(5)(b), F.S. expansion project period for an expanding business, and is (n)(p) Scales at the start of, or within, the production subject to tax. process that are necessary to weigh raw materials or (11) Capital Leases of Machinery and Equipment. ingredients, or finished goods at the time of packaging, will (a) The lease, letting, or rental of machinery and qualify for the exemption. equipment, under the terms of a capital lease, sales-type lease, (o)(q) Office equipment, such as telephones, copy or direct financing lease, shall be treated in the same way as a machines, typewriters, fax machines, desktop printers, or sale for the purpose of this exemption. calculators, will not qualify for the exemption. (c)(b) In the case of a capital lease, sales-type lease, or (p) Equipment used for communications purposes, such as direct financing lease, such leases will be considered to be telephones, radios, intercom systems, video or television sales and purchases at their inception. equipment, or public address systems, will not qualify for Specific Authority 212.08(5)(b)4., 212.17(6), 212.18(2), 213.06(1) exemption. FS. Law Implemented 212.02(4), (10)(g), (14), (19), (21), (22), (q) Security systems for surveillance or to prevent or 212.05, 212.06, 212.08(5)(b), (7)(xx), 212.0805, 212.13(2), restrict access to the fixed location or areas within the fixed 213.255(2), (3), 215.26(2) FS. History–New 5-11-92, Amended 7-1-99, 6-28-00, 6-19-01, 3-6-02,______. location will not qualify for exemption. (r) Furniture items for office or production personnel will 12A-1.097 Public Use Forms. not qualify for the exemption. (1) The following public use forms and instructions are (s) General or task lighting fixtures will not qualify for the employed by the Department in its dealings with the public exemption. related to the administration of Chapter 212, F.S. These forms (t) Installation labor charges qualify for exemption. are hereby incorporated by reference in this rule. However, other installation costs, such as equipment rental or (a) through (b) No change. expendable supplies, which do not become a physical part of Form Number Title Effective qualifying machinery and equipment, will do not qualify for Date exemption. (2) through (20) No change. (u) Motor vehicles, as defined in Section 320.01, F.S., do (21) DR-1214 Application for Temporary not qualify for exemption. Tax Exemption Permit (v) Locomotives or railroad cars that do not remain at the (R. 07/06 04/03) ___10/03 fixed location will not qualify for exemption. (22) through (23) No change. (9)(10) Operating Leases of Machinery and Equipment. (a) The lease, letting, or rental of machinery and Specific Authority 201.11, 202.17(3)(a), 202.22(6), 202.26(3), 212.0515(7), 212.07(1)(b), 212.08(5)(b)4., (7), 212.11(5)(b), equipment, under the terms of an operating lease, shall be 212.12(1)(b)2., 212.17(6), 212.18(2), (3), 213.06(1), 376.70(6)(b), treated in the same way as a sale for the purpose of this 376.75(9)(b), 403.718(3)(b), 403.7185(3)(b), 443.171(2), (7) FS. Law exemption. Implemented 92.525(1)(b), (3), 95.091, 125.0104, 125.0108, 201.01, (a)(b) When a qualifying new or expanding business entity 201.08(1)(a), 201.133, 201.17(1)-(5), 202.11(2), (3), (6), (16), (24), 202.17, 202.22(3)-(6), 202.28(1), 203.01, 212.02, 212.03, 212.0305, leases industrial machinery, equipment, or parts thereof, in lieu 212.031, 212.04, 212.05, 212.0501, 212.0515, 212.054, 212.055, of purchasing those items, the exemption from tax shall only 212.06, 212.0606, 212.07(1), (8), (9), 212.08, 212.084(3), 212.085, applies apply to the original term of the lease agreement. Any 212.09, 212.096, 212.11(1), (4), (5), 212.12(1), (2), (9), (13), 212.13, subsequent renewal or extensions of the original term of the 212.14(5), 212.17, 212.18(2), (3), 213.235, 213.29, 213.37, 219.07, lease agreement are subject to tax shall be fully taxable. 288.1258, 376.70, 376.75, 403.717, 403.718, 403.7185, 443.036,

Section II - Proposed Rules 5725 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

443.121(1), (3), 443.131, 443.1315, 443.1316, 443.171(2), (7) FS. relief at issue is EAS, and collectively, these rules can be History–New 4-12-84, Formerly 12A-1.97, Amended 8-10-92, described as “EAS rules”. EAS is defined in subsection 11-30-97, 7-1-99, 4-2-00, 6-28-00, 6-19-01, 10-2-01, 10-21-01, 25-4.057(2), F.A.C., as “a switching and trunking arrangement 8-1-02, 4-17-03, 5-4-03, 6-12-03, 10-1-03, 9-28-04, 6-28-05, 5-1-06, 4-5-07,______. which provides for a nonoptional, unlimited, two-way, flat-rate calling service between two or more exchanges, at an NAME OF PERSON ORIGINATING PROPOSED RULE: increment to exchange rates, rather than at toll message Jeffery L. Soff, Tax Law Specialist, Technical Assistance and charges”. Dispute Resolution, Department of Revenue, P. O. Box 7443, SUMMARY OF STATEMENT OF ESTIMATED Tallahassee, Florida 32314-7443, telephone (850)922-4719 REGULATORY COSTS: The SERC shows that the proposed NAME OF SUPERVISOR OR PERSON WHO APPROVED repeal of these rules will likely have a negligible transactional THE PROPOSED RULE: Buzz McKown, Revenue Program cost to the telecommunications industry in Florida, and no Administrator II, Technical Assistance and Dispute Resolution, transactional costs to ratepayers. There will likely be no impact P. O. Box 7443, Tallahassee, Florida 32314-7443; telephone on transaction costs for small businesses and no negative number (850)922-4721 impact on local governments or on the Florida Public Service DATE PROPOSED RULE APPROVED BY AGENCY Commission. HEAD: November 27, 2007 Any person who wishes to provide information regarding a DATE NOTICE OF PROPOSED RULE DEVELOPMENT statement of estimated regulatory costs, or provide a proposal PUBLISHED IN FAW: The proposed amendments to Rule for a lower cost regulatory alternative must do so in writing Chapter 12A-1, F.A.C. (Sales and Use Tax), were noticed in within 21 days of this notice. the Florida Administrative Weekly on January 5, 2007 (Vol. SPECIFIC AUTHORITY: 350.127 FS. 33, No. 1, pp. 1-11). A rule development workshop was held LAW IMPLEMENTED: 364.03, 364.14, 364.15, 364.17, on January 24, 2007. In response to public comment, changes 364.385 FS. have been made to the proposed rule amendments. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND BOARD OF TRUSTEES OF THE INTERNAL ANNOUNCED IN THE FAW. IMPROVEMENT TRUST FUND Pursuant to the provisions of the Americans with Disabilities Notices for the Board of Trustees of the Internal Improvement Act, any person requiring special accommodations to Trust Fund between December 28, 2001 and June 30, 2006, go participate in this workshop/meeting is asked to advise the to http://www.dep.state.fl.us/ under the link or button titled agency at least 48 hours before the workshop/meeting by “Official Notices.” contacting: Office of Commission Clerk, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, (850)413-6770 If you are PUBLIC SERVICE COMMISSION hearing or speech impaired, please contact the agency using the RULE NOS.: RULE TITLES: Florida Relay Service, 1(800)955-8771 (TDD) or 25-4.042 Extended Area Service 1(800)955-8770 (Voice). 25-4.057 Application and Scope THE PERSON TO BE CONTACTED REGARDING THE 25-4.058 Conditions for Approval PROPOSED RULES IS: Rosanne Gervasi, Office of General 25-4.059 Filing Requirements Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 25-4.060 Community of Interest 32399-0850, (850)413-6224 Considerations 25-4.061 Hearings THE FULL TEXT OF THE PROPOSED RULES IS: 25-4.063 Subscriber Survey 25-4.042 Extended Area Service. 25-4.064 Alternatives to Non-Optional Extended Area Service Specific Authority 350.127(2) FS. Law Implemented 364.03, 364.15, 364.17, 364.385 FS. History–New 12-1-68, Amended 3-31-76, PURPOSE AND EFFECT: The Commission proposes to Formerly 25-4.42, Repealed______. repeal these rules because they are no longer necessary. Section 364.385(2), F.S., prohibits new Extended Area Service (EAS) 25-4.057 Application and Scope. proceedings for price-regulated local exchange companies Specific Authority 350.127(2) FS. Law Implemented 364.03, 364.14, (LECs). Repealing the EAS rules will align the F.A.C. with this 364.15, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.57, statute and would have no effect on the ten LECs in Florida. Amended 10-5-92, Repealed______. Docket No. 070588-TP. SUMMARY: The listed rules address a LECs obligation to anticipate, or respond to the Commission's directive to study and/or provide toll relief under specific circumstances. The toll

5726 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

25-4.058 Conditions for Approval. SUMMARY: Rules 25-4.053-25-4.056, F.A.C., generally Specific Authority 350.127 FS. Law Implemented 364.03, 364.14, address rate-grouping plans for LECs. Under the rate-base, 364.15, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.58, rate-of-return form of regulation, LECs often had plans and Amended 10-5-92, Repealed______. pricing structures (rates) that were “grouped” based on the number of access lines a subscriber could call. The number of 25-4.059 Filing Requirements. access lines in the local calling area of an exchange was Specific Authority 350.127 FS. Law Implemented 364.03, 364.385(2) referred to as the “calling scope”", and these rules provided FS. History–New 4-14-81, Formerly 25-4.59, Amended 10-5-92, guidance for establishing the rate groups using calling scopes. Repealed______. These rules are related to the rules that provide guidelines and requirements for processing requests (Extended Area Service). 25-4.060 Community of Interest Considerations. SUMMARY OF STATEMENT OF ESTIMATED Specific Authority 350.127 FS. Law Implemented 364.03, 364.14, REGULATORY COSTS: The SERC shows that the proposed 364.385(2) FS. History–New 4-14-81, Formerly 25-4.60, Amended repeal of these rules will likely have a negligible transactional 10-5-92, Repealed______. cost to the telecommunications industry in Florida, and no transactional costs to ratepayers. There will likely be no impact 25-4.061 Hearings. on transaction costs for small businesses and no negative Specific Authority 350.127(2) FS. Law Implemented 364.03, impact on local governments or on the Commission. 364.385(2) FS. History–New 4-14-81, Formerly 25-4.61, Amended 10-5-92, Repealed______. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal 25-4.063 Subscriber Survey. for a lower cost regulatory alternative must do so in writing within 21 days of this notice. Specific Authority 350.127 FS. Law Implemented 364.03, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.63, Amended 10-5-92, SPECIFIC AUTHORITY: 350.127(2), 364.05 FS. Repealed______. LAW IMPLEMENTED: 364.04, 364.05, 364.18, 364.025, 364.051 FS. 25-4.064 Alternatives to Non-Optional Extended Area IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Service. THIS NOTICE, A HEARING WILL BE SCHEDULED AND Specific Authority 350.127(2) FS. Law Implemented 364.03, 364.14, ANNOUNCED IN THE FAW. 364.385(2) FS. History–New 4-14-81, Formerly 25-4.64, Amended Pursuant to the provisions of the Americans with Disabilities 10-5-92, Repealed______. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the NAME OF PERSON ORIGINATING PROPOSED RULE: agency at least 48 hours before the workshop/meeting by Michael Barrett, Regulatory Analyst IV, Division of contacting: Office of Commission Clerk, 2540 Shumard Oak Competitive Markets & Enforcement, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, (850)413-6770. If you are Blvd., Tallahassee, FL 32399-0850, (850)413-6544 hearing or speech impaired, please contact the agency using the NAME OF SUPERVISOR OR PERSON WHO APPROVED Florida Relay Service, 1(800)955-8771 (TDD) or THE PROPOSED RULE: Florida Public Service Commission 1(800)955-8770 (Voice). DATE PROPOSED RULE APPROVED BY AGENCY THE PERSON TO BE CONTACTED REGARDING THE HEAD: November 20, 2007 PROPOSED RULE IS: Rosanne Gervasi, Office of General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL PUBLIC SERVICE COMMISSION 32399-0850, (850)413-6224 RULE NOS.: RULE TITLES: 25-4.053 Application and Scope THE FULL TEXT OF THE PROPOSED RULES IS: 25-4.054 Maintenance of Records 25-4.055 Classification of Exchanges 25-4.053 Application and Scope. 25-4.056 Reclassification of Exchanges Specific Authority 350.127(2), 364.05 FS. Law Implemented 364.05 PURPOSE AND EFFECT: The Commission proposes to FS. History–New 1-20-63, Revised 12-1-68, Formerly 25-4.53, repeal these rules because they are no longer necessary. Repealed______. Statutory changes have profoundly impacted the regulatory landscape for local exchange companies (LECs), and as a 25-4.054 Maintenance of Records. result, rate groups no longer serve as a vehicle for regulating Specific Authority 350.127(2), 364.05 FS. Law Implemented 364.04, local exchange rates. Docket No. 070587-TP. 364.05, 364.18 FS. History–New 1-20-63, Revised 12-1-68, Formerly 25-4.54, Repealed______.

Section II - Proposed Rules 5727 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

25-4.055 Classification of Exchanges. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Specific Authority 350.127(2), 364.05 FS. Law Implemented THIS NOTICE, A HEARING WILL BE SCHEDULED AND 364.025, 364.05, 364.051 FS. History–New 1-20-63, Amended ANNOUNCED IN THE FAW. 7-21-65, Revised 12-1-68, Formerly 25-4.55, Repealed______. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to 25-4.056 Reclassification of Exchanges. participate in this workshop/meeting is asked to advise the Specific Authority 350.127(2) FS. Law Implemented 364.025, 364.05 agency at least 48 hours before the workshop/meeting by FS. History–New 1-20-63, Revised 12-1-68, Amended 3-31-76, contacting: Office of Commission Clerk, 2540 Shumard Oak 12-10-84, Formerly 25-4.56, Repealed______. Blvd., Tallahassee, FL 32399-0850, (850)413-6770. If you are hearing or speech impaired, please contact the agency using the NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Relay Service, 1(800)955-8771 (TDD) or Michael Barrett, Regulatory Analyst IV, Division of 1(800)955-8770 (Voice). Competitive Markets & Enforcement, 2540 Shumard Oak THE PERSON TO BE CONTACTED REGARDING THE Blvd., Tallahassee, FL 32399-0850, (850)413-6544 PROPOSED RULE IS: David E. Smith, Office of General NAME OF SUPERVISOR OR PERSON WHO APPROVED Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL THE PROPOSED RULE: Florida Public Service Commission 32399-0850, (850)413-6199 DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 20, 2007 THE FULL TEXT OF THE PROPOSED RULE IS:

PUBLIC SERVICE COMMISSION 25-6.0423 Nuclear or Integrated Gasification Combined RULE NO.: RULE TITLE: Cycle Power Plant Cost Recovery. 25-6.0423 Nuclear or Integrated Gasification (1) Purpose. The purpose of this rule is to establish Combined Cycle Power Plant Cost alternative cost recovery mechanisms for the recovery of costs Recovery incurred in the siting, design, licensing, and construction of PURPOSE AND EFFECT: The purpose of the rule amendment nuclear or integrated gasification combined cycle power plants is to implement Section 366.93, F.S., to promote electric utility in order to promote electric utility investment in nuclear or investment in Integrated Gasification Combined Cycle (IGCC) integrated gasification combined cycle power plants and allow power plants by establishing cost recovery mechanisms that for the recovery in rates of all such prudently incurred costs. allow for the recovery in rates of all costs prudently incurred in (2) Definitions. As used in this rule, the following the siting, design, licensing, and construction of an IGCC definitions shall apply: power plant. Docket No. 070672-EI. (a) “Nuclear power plant” or “plant” is an electrical power SUMMARY: The rule is amended to extend the alternative cost plant that utilizes nuclear materials as fuel, as defined in recovery mechanisms developed for nuclear power plants to Sections 403.503(13) and 366.93(1)(c), F.S. integrated gasification combined cycle (IGCC) power plants to (b) “Integrated gasification combined cycle power plant” allow the recovery of costs incurred in siting, design, licensing, is an electrical power plant that uses synthesis gas produced by and construction and allow for recovery in rates of all such integrated gasification technology, as defined in Sections prudently incurred costs. 403.503(13) and 366.93(1)(c), F.S. SUMMARY OF STATEMENT OF ESTIMATED (c) “Power plant” or “plant” means a nuclear power plant REGULATORY COSTS: Investor owned electric utilities or an integrated gasification combined cycle power plant. planning to build an IGCC plant should experience no (d)(b) “Cost” includes, but is not limited to, all capital significant additional costs as a result of the rule amendment investments including rate of return, any applicable taxes and and would benefit from the cost recovery mechanisms in the all expenses, including operation and maintenance expenses, rule. Implementation of alternative cost recovery mechanisms related to or resulting from the siting, licensing, design, will impact the timing of cost recovery from ratepayers, construction, or operation of the nuclear or integrated subject to Commission review. gasification combined cycle power plant as defined in Section Any person who wishes to provide information regarding a 366.93(1)(a), F.S. statement of estimated regulatory costs, or provide a proposal (e)(c) “Site selection.” A site will be deemed to be selected for a lower cost regulatory alternative must do so in writing upon the filing of a petition for a determination of need for a within 21 days of this notice. nuclear or integrated gasification combined cycle power plant SPECIFIC AUTHORITY: 350.127(2), 366.05(1) FS. pursuant to Section 403.519, F.S. LAW IMPLEMENTED: 366.93 FS. (f)(d) “Site selection costs” are costs that are expended prior to the selection of a site.

5728 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(g)(e) “Pre-construction costs” are costs that are expended 2. For nuclear power plant need petitions submitted after after a site has been selected in preparation for the construction December 31, 2010, the utility’s pretax AFUDC rate in effect of a nuclear or integrated gasification combined cycle power at the time the petition for determination of need is filed is plant, incurred up to and including the date the utility presumed to be appropriate unless the Commission determines completes site clearing work. otherwise in its need determination order; (h)(f) Site selection costs and pre-construction costs 3. No change. include, but are not limited to: any and all costs associated with (c) Capacity Cost Recovery Clause for Nuclear or preparing, reviewing and defending a Combined Operating Integrated Gasification Combined Cycle Power Plant Costs. License (COL) application for a nuclear power plant; costs 1. Each year, a utility shall submit, for Commission review associated with site and technology selection; costs of and approval, as part of its Capacity Cost Recovery Clause engineering, designing, and permitting the nuclear or filings: integrated gasification combined cycle power plant; costs of a. through 2. No change. clearing, grading, and excavation; and costs of on-site 3. The Commission shall include those costs it determines, construction facilities (i.e., construction offices, warehouses, pursuant to this subsection, to be reasonable or prudent in etc.). setting the Capacity Cost Recovery Clause factor in the annual (i)(g) “Construction costs” are costs that are expended to Fuel and Purchased Power Cost Recovery proceedings. Such construct the nuclear or integrated gasification combined cycle prior year actual costs associated with nuclear power plant power plant including, but not limited to, the costs of construction subject to the annual proceeding shall not be constructing nuclear power plant buildings and all associated subject to disallowance or further prudence review. permanent structures, equipment and systems. 4. The final true-up for the previous year, actual/estimated (3) No change. true-up for the current year, and subsequent year’s projected (4) Site Selection Costs. After the Commission has issued nuclear power plant costs as approved by the Commission a final order granting a determination of need for a nuclear pursuant to subparagraph (5)(c)2. will be included for cost power plant pursuant to Section 403.519, F.S., a utility may file recovery purposes as a component of the following year’s a petition for a separate proceeding, to recover prudently capacity cost recovery factor in the Fuel and Purchased Power incurred site selection costs. This separate proceeding will be Cost Recovery. The utility must file all necessary revisions to limited to only those issues necessary for the determination of the fuel and purchased power cost recovery filings no later than prudence and alternative method for recovery of site selection October 15 of the current year. costs of a nuclear power plant. 5. By May 1 of each year, along with the filings required (5) Pre-Construction Costs and Carrying Costs on by this paragraph, a utility shall submit for Commission review Construction Cost Balance. After the Commission has issued a and approval a detailed analysis of the long-term feasibility of final order granting a determination of need for a nuclear completing the power nuclear plant. power plant pursuant to Section 403.519, F.S., a utility may (6) Failure to Enter Commercial Service. Following the petition the Commission for recovery of pre-construction costs Commission’s issuance of a final order granting a and carrying costs of construction cost balance as follows: determination of need for the nuclear power plant, in the event (a)1. through 2. No change. the utility elects not to complete or is precluded from (b) Carrying Costs on Construction Cost Balance. A utility completing construction of the nuclear power plant, the utility is entitled to recover, through the utility’s Capacity Cost shall be allowed to recover all prudent site selection costs, Recovery Clause, the carrying costs on the utility’s annual pre-construction costs, and construction costs. projected construction cost balance associated with the nuclear (a) through (b) No change. power plant. The actual carrying costs recovered through the (7) Commercial Service. As operating units or systems Capacity Cost Recovery Clause shall reduce the allowance for associated with the nuclear power plant and the nuclear power funds used during construction (AFUDC) that would otherwise plant itself are placed in commercial service: have been recorded as a cost of construction eligible for future (a) No change. recovery as plant in service. (b) The utility shall calculate the increase in base rates 1. For nuclear power plant need petitions submitted on or resulting from the jurisdictional annual base revenue before December 31, 2010, the associated carrying costs shall requirements for the nuclear power plant in conjunction with be computed based on the pretax AFUDC rate in effect on June the Capacity Cost Recovery Clause projection filing for the 12, 200719, 2006; year the nuclear power plant is projected to achieve commercial operation. The increase in base rates will be based on the annualized base revenue requirements for the nuclear

Section II - Proposed Rules 5729 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 power plant for the first 12 months of operations consistent SUMMARY: The rule is amended to include IGCC power with the cost projections filed in conjunction with the Capacity plants, and to specify that a petition for determination of need Cost Recovery Clause projection filing. must include information to allow the Commission to consider (c) At such time as the nuclear power plant is included in the electric utility’s use of conservation measures and base rates, recovery through the Capacity Cost Recovery renewable energy sources and technologies in the determining Clause will cease, except for the difference between actual and need for new generation capacity. projected construction costs as provided in subparagraph SUMMARY OF STATEMENT OF ESTIMATED (5)(c)4. above. REGULATORY COSTS: The additional costs to electric (d) No change. utilities to comply with the rule should be minimal. (e) The jurisdictional net book value of any existing Any person who wishes to provide information regarding a generating plant that is retired as a result of operation of the statement of estimated regulatory costs, or provide a proposal nuclear power plant shall be recovered through an increase in for a lower cost regulatory alternative must do so in writing base rate charges over a period not to exceed 5 years. At the within 21 days of this notice. end of the recovery period, base rates shall be reduced by an Any person who wishes to provide information regarding a amount equal to the increase associated with the recovery of statement of estimated regulatory costs, or provide a proposal the retired generating plant. for a lower cost regulatory alternative must do so in writing (8)(a) through (e) No change. within 21 days of this notice. (f) Annual Reports Required by Rule 25-6.135, F.A.C. On SPECIFIC AUTHORITY: 350.127(2), 366.05(1) FS. an annual basis following issuance of the final order granting a LAW IMPLEMENTED: 403.519 FS. determination of need and until commercial operation of the IF REQUESTED WITHIN 21 DAYS OF THE DATE OF nuclear power plant, a utility shall include the budgeted and THIS NOTICE, A HEARING WILL BE SCHEDULED AND actual costs as compared to the estimated in-service costs of ANNOUNCED IN FAW. the nuclear power plant as provided in the petition for need Pursuant to the provisions of the Americans with Disabilities determination in its annual report filed pursuant to Rule Act, any person requiring special accommodations to 25-6.135, F.A.C. The estimates provided in the petition for participate in this workshop/meeting is asked to advise the need determination are non-binding estimates. Some costs may agency at least 48 hours before the workshop/meeting by be higher than estimated and other costs may be lower. A contacting: Office of Commission Clerk, 2540 Shumard Oak utility shall provide such revised estimated in-service costs as Blvd., Tallahassee, FL 32399-0850, (850)413-6770. If you are may be necessary in its annual report. hearing or speech impaired, please contact the agency using the Specific Authority 350.127(2), 366.05(1) FS. Law Implemented Florida Relay Service, 1(800)955-8771 (TDD) or 366.93 FS. History–New 4-8-07, Amended______. 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE NAME OF PERSON ORIGINATING PROPOSED RULE: PROPOSED RULE IS: David E. Smith, Office of General Kathy Lewis, Division of Economic Regulation, 2540 Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL Shumard Oak Blvd., Tallahassee, FL 32399-0850. 32399-0850, (850)413-6199 (850)413-6594 NAME OF SUPERVISOR OR PERSON WHO APPROVED THE FULL TEXT OF THE PROPOSED RULE IS: THE PROPOSED RULE: Florida Public Service Commission 25-22.081 Contents of Petition. DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 20, 2007 (1) Petition for Fossil, Integrated Gasification Combined DATE NOTICE OF PROPOSED RULE DEVELOPMENT Cycle, or Nuclear Fuel Electric Plants. Petitions submitted to PUBLISHED IN FAW: August 31, 2007 commence a proceeding to determine the need for a proposed fossil, integrated gasification combined cycle, or nuclear fuel electrical power plant or responses to the Commission’s order PUBLIC SERVICE COMMISSION commencing such a proceeding shall comply with the other RULE NO.: RULE TITLE: requirements of Chapter 25-22, F.A.C., as to form and style 25-22.081 Contents of Petition except that a utility may, at its option, submit its petition in the PURPOSE AND EFFECT: The purpose of the rule is to same format and style as its application for site certification implement 2007 amendments to Section 403.519, F.S., dealing pursuant to Sections 403.501 through 403.517, F.S., so long as with the contents of an electric utility's petition for the informational requirements of this rule and Chapter 25-22, determination of need and extending the statute's applicability F.A.C., are satisfied. The petition, Tto allow the Commission to integrated gasification combined cycle (IGCC) power to take into account the need for electric system reliability and plants. Docket No. 070672-EI. integrity, the need for adequate reasonable cost electricity, the

5730 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 need for fuel diversity and supply reliability, and the need to (b) A description of and a nonbinding estimate of the cost determine whether the proposed plant is the most cost effective of the proposed nuclear or integrated gasification combined alternative available, and the need to determine whether cycle power plant, including associated transmission facilities; renewable energy sources and technologies, as well as (c) The annualized base revenue requirement for the first conservation measures, are utilized to the extent reasonably 12 months of operation of the proposed nuclear or integrated available, the petition shall contain the following information: gasification combined cycle power plant, based on the (a) through (b) No change. nonbinding estimate of the cost provided pursuant to paragraph (c) A statement of the specific conditions, contingencies or (2)(b) above; and other factors which indicate a need for the proposed electrical (d) No change. power plant including the general time within which the Specific Authority 350.127(2), 366.05(1) FS. Law Implemented generating units will be needed. Documentation shall include 403.519 FS. History–New 12-22-81, Formerly 25-2.133, 25-22.81, historical and forecasted summer and winter peaks, number of Amended 1-10-94, 2-20-07,______. customers, net energy for load, and load factors with a discussion of the more critical operating conditions. Load NAME OF PERSON ORIGINATING PROPOSED RULE: forecasts shall identify the model or models on which they Kathy Lewis, Division of Economic Regulation, 2540 were based and shall include sufficient detail to permit analysis Shumard Oak Blvd., Tallahassee, FL 32399-0850, of the model or models. If a determination is sought on some (850)413-6594 basis in addition to or in lieu of capacity needs, such as fuel NAME OF SUPERVISOR OR PERSON WHO APPROVED diversity, then detailed analysis and supporting documentation THE PROPOSED RULE: Florida Public Service Commission of the projected costs and benefits is required. Where a DATE PROPOSED RULE APPROVED BY AGENCY determination is sought for a nuclear or integrated gasification HEAD: November 20, 2007 combined cycle power plant, the nonbinding estimate provided DATE NOTICE OF PROPOSED RULE DEVELOPMENT for in paragraph (2)(b) below shall be considered to be PUBLISHED IN FAW: August 31, 2007 sufficient for purposes of this paragraph. (d) A summary discussion of the major available DEPARTMENT OF CORRECTIONS generating alternatives which were examined and evaluated in RULE NO.: RULE TITLE: arriving at the decision to pursue the proposed generating unit. 33-503.001 Chaplaincy Services The discussion shall include a general description of the PURPOSE AND EFFECT: The purpose and effect of the generating unit alternatives, including purchases where proposed rule is to permit Chaplains to have written contact appropriate; and an evaluation of each alternative in terms of with inmates where the inmate or the Chaplain has transferred economics, reliability, long-term flexibility and usefulness and to another FDOC institution. any other relevant factors such as fuel diversity and fuel supply SUMMARY: The proposed rule provides a process whereby a reliability. These major generating technologies generally Chaplain may maintain written contact with an inmate after available and potentially appropriate for the timing of the transfer of the inmate or Chaplain. proposed plant and other conditions specific to it shall be SUMMARY OF STATEMENT OF ESTIMATED discussed. In addition, each investor-owned utility shall REGULATORY COSTS: No Statement of Estimated include a detailed description of the selection process used and Regulatory Cost was prepared. a detailed description of the generating unit alternatives Any person who wishes to provide information regarding a proposed by each finalist, if any, selected to participate in statement of estimated regulatory costs, or provide a proposal subsequent contract negotiations pursuant to Rule 25-22.082, for a lower cost regulatory alternative must do so in writing F.A.C. No provision of Rule 25-22.082, F.A.C., shall be within 21 days of this notice. applicable to a nuclear or integrated gasification combined SPECIFIC AUTHORITY: 944.09, 944.11, 944.803 FS. cycle power plant sited after June 19, 2006. LAW IMPLEMENTED: 20.315, 90.505, 944.09, 944.11 FS. (e) through (g) No change. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (2) In addition to complying with paragraphs (1)(a) THIS NOTICE, A HEARING WILL BE SCHEDULED AND through (g) above, a nuclear or integrated gasification ANNOUNCED IN THE FAW. combined cycle power plant petition shall contain the THE PERSON TO BE CONTACTED REGARDING THE following information: PROPOSED RULE IS: Perri King Dale, Office of the General (a) The description required by Section 403.519(4)(a)2., Counsel, Department of Corrections, 2601 Blair Stone Road, F.S., including a discussion about how the proposed nuclear or Tallahassee, Florida 32399-2500 integrated gasification combined cycle power plant will enhance the electric supply reliability by reducing the exposure THE FULL TEXT OF THE PROPOSED RULE IS: to fossil fuel supply disruptions;

Section II - Proposed Rules 5731 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

33-503.001 Chaplaincy Services. THE PERSON TO BE CONTACTED REGARDING THE (1) through (5) No change. PROPOSED RULE IS: Jamie Leigh Jordan, Office of the (6) The Chaplain shall be authorized to maintain written General Counsel, Department of Corrections, 2601 Blair Stone communication with inmates where the inmate and the Road, Tallahassee, Florida 32399-2500 Chaplain have been at the same institution, at the same time, and either the inmate or the Chaplain has transferred to another THE FULL TEXT OF THE PROPOSED RULE IS: Florida Department of Corrections institution under the 33-602.201 Inmate Property. following conditions: (1) through (4) No change. (a) The written communication must fall within the scope (5) Unauthorized Property. (Also see Control of of clergy professional standards (i.e. provides spiritual Contraband, Rule 33-602.203, F.A.C.). direction, advice, counsel, or encouragement). (a) Property which is considered contraband pursuant to (b) Consistent with the effective management and order of Rule 33-602.203, F.A.C., shall be handled as provided for in the institution, the Chaplain maintaining written Rule 33-602.203, F.A.C. communication with an inmate at another Florida Department 1. No change. of Corrections institution must inform the Chaplain at the 2. If an inmate receives photographs in the mail which, inmate’s current institutional location. added to the number already in his possession, place him over (6) through (12) renumbered (7) through (13) No change. the maximum allowed, he shall be allowed to send the excess Specific Authority 944.09, 944.11, 944.803 FS. Law Implemented photographs out at his own expense. It is the inmate’s 20.315, 90.505, 944.09, 944.11 FS. History–New 1-6-82, Formerly responsibility to make arrangements with staff to send out the 33-3.14, 33-3.014, Amended 10-18-01, 1-9-03,______. extra photographs as soon as they are received. Excess NAME OF PERSON ORIGINATING PROPOSED RULE: photographs found in an inmate’s property will be considered George Sapp, Assistant Secretary of Institutions contraband. NAME OF SUPERVISOR OR PERSON WHO APPROVED 3.2. An inmate who is in possession of the maximum THE PROPOSED RULE: Laura Bedard, Ph.D., Deputy number of articles allowed by this rule and who wishes to Secretary replace a worn item must contact the property officer to arrange to discard or send the worn item out at his own expense DATE PROPOSED RULE APPROVED BY AGENCY before purchasing a replacement item. HEAD: October 22, 2007 (b) No change. DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 9, 2007 (6) through (17) No change. Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– DEPARTMENT OF CORRECTIONS New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, RULE NO.: RULE TITLE: 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 33-602.201 Inmate Property 7-8-03, 8-18-04, 1-25-05, 10-23-06, ______. PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the handling of excess photographs APPENDIX ONE received in routine mail. PROPERTY LIST SUMMARY: The rule is amended to specifically allow inmates No change. to send out photographs, at their own expense, when additional NAME OF PERSON ORIGINATING PROPOSED RULE: photos are received in routine mail than the inmate is allowed George Sapp, Assistant Secretary of Institutions by property limits. NAME OF SUPERVISOR OR PERSON WHO APPROVED SUMMARY OF STATEMENT OF ESTIMATED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy REGULATORY COSTS: No Statement of Estimated Secretary Regulatory Cost was prepared. DATE PROPOSED RULE APPROVED BY AGENCY Any person who wishes to provide information regarding a HEAD: September 28, 2007 statement of estimated regulatory costs, or provide a proposal DATE NOTICE OF PROPOSED RULE DEVELOPMENT for a lower cost regulatory alternative must do so in writing PUBLISHED IN FAW: November 2, 2007 within 21 days of this notice. SPECIFIC AUTHORITY: 944.09 FS. LAW IMPLEMENTED: 944.09 FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

5732 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DEPARTMENT OF CORRECTIONS provided in paragraph (3)(a), calls to foreign consulates RULE NO.: RULE TITLE: provided in paragraph (4)(a), and calls in time of family crisis 33-602.205 Inmate Telephone Use as provided in subsection (5)(4) shall be limited to the amount PURPOSE AND EFFECT: The purpose and effect of the of time reasonably necessary to accomplish the purpose of the proposed rule is to clarify the requirements, process, and call. exemptions for inmates wishing to receive or make phone calls (f) through (l) No change. to foreign consulates. (3) No change. SUMMARY: The rule is amended to allow inmate phone calls (4) Calls to Foreign Consulates. to foreign consulates to be private and unmonitored; exempted (a) A foreign national inmate shall be allowed to make from the fifteen minute maximum restriction and limited to the private telephone calls to his or her respective consulate upon amount of time reasonably necessary to accomplish the presentation to the warden or his designee of evidence that the purpose of the call; and provide the requirements for verifying call is necessary and that the inmate is a native of the country that a person is a foreign consulate for the purposes of inmate represented by the consulate as verified by Immigration and telephone use. Custody Enforcement. Such evidence shall be a letter from the SUMMARY OF STATEMENT OF ESTIMATED consulate (transmission by FAX is acceptable) requesting the REGULATORY COSTS: No Statement of Estimated return call. A consulate shall also be permitted to make prior Regulatory Cost was prepared. arrangements by letter or FAX with the warden or warden’s Any person who wishes to provide information regarding a designee to have the inmate receive a private telephone call statement of estimated regulatory costs, or provide a proposal from the consulate on an unmonitored telephone. for a lower cost regulatory alternative must do so in writing (b) Except as authorized by warrant or court order, within 21 days of this notice. telephone calls to counsulates made pursuant to this section SPECIFIC AUTHORITY: 944.09 FS. shall not be monitored or electronically recorded. These calls LAW IMPLEMENTED: 944.09 FS. will be placed on telephones designated for this purpose and IF REQUESTED WITHIN 21 DAYS OF THE DATE OF shall be collect calls; there shall be at least one telephone at THIS NOTICE, A HEARING WILL BE SCHEDULED AND each institution that is not connected to the monitoring system ANNOUNCED IN THE FAW. for these calls. THE PERSON TO BE CONTACTED REGARDING THE (5)(4) An inmate may be authorized to make telephone PROPOSED RULE IS: Jamie Leigh Jordan, Office of the calls in case of family crisis, including death or serious illness General Counsel, Department of Corrections, 2601 Blair Stone in the immediate family or serious marital or other family Road, Tallahassee, Florida 32399-2500 problems. All such calls must be approved by the chaplain or other official designated by the warden who shall, if possible, THE FULL TEXT OF THE PROPOSED RULE IS: verify the existence of the family crisis. (5) through (15) renumbered (6) through (16) No change. 33-602.205 Inmate Telephone Use. (1) This rule sets forth the minimum telephone privileges Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New 11-19-81, Formerly 33-3.125, Amended 11-21-86, 1-6-92, that shall be granted to inmates housed in institutions or 3-24-97, 7-22-97, 12-21-98, Formerly 33-3.0125, Amended 2-7-00, facilities other than community correctional centers, or inmates 6-18-02, 2-4-03, 12-30-03, 11-25-04, 1-7-07, 9-24-07,______. housed on death row. All inmate calls, with the exception of those calls placed to attorneys pursuant to paragraph (3)(a), and NAME OF PERSON ORIGINATING PROPOSED RULE: to foreign consulates pursuant to paragraph (4)(a) shall be George Sapp, Assistant Secretary of Institutions subject to monitoring and recording. Due to the high level of NAME OF SUPERVISOR OR PERSON WHO APPROVED security needs on death row, the only telephone privileges THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy available to death row inmates are those set forth in paragraph Secretary (3)(a), private calls to attorneys;, paragraph 4)(a), private calls DATE PROPOSED RULE APPROVED BY AGENCY to foreign consulates; and subsection (5)(4), calls made in the HEAD: October 22, 2007 event of family crisis. DATE NOTICE OF PROPOSED RULE DEVELOPMENT (2) Inmate telephone procedures will be conducted as PUBLISHED IN FAW: November 2, 2007 follows: (a) through (d) No change. (e) Except for calls to attorneys as provided in paragraph (3)(a), calls to foreign consulates as provided in paragraph (4)(a), or calls during family crisis as provided in subsection (5)(4), calls shall be limited to 15 minutes. Calls to attorneys as

Section II - Proposed Rules 5733 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DEPARTMENT OF CORRECTIONS LAND AND WATER ADJUDICATORY COMMISSION RULE NO.: RULE TITLE: Poinciana Community Development District 33-602.210 Use of Force RULE NO.: RULE TITLE: PURPOSE AND EFFECT: The purpose and effect of the 42AA-1.002 Boundary proposed rule is to amend Form DC6-210, Incident Report, PURPOSE AND EFFECT: The Petition, as supplemented, which is incorporated by reference, to include a space for proposes to modify the land area presently serviced by the employee identification number. District by amending its boundary to add approximately SUMMARY: The form is amended to include employee 212.65 acres. The District currently covers approximately identification in order to more readily identify the employee 3,028 acres of land located entirely within Polk County, reporting. Florida. There are no lands within the expansion parcel that are SUMMARY OF STATEMENT OF ESTIMATED to be excluded from the District. Petitioner has written consent REGULATORY COSTS: No Statement of Estimated to amend the boundary of the District from the owners of one Regulatory Cost was prepared. hundred percent of the real property comprising the expansion Any person who wishes to provide information regarding a parcel. Pursuant to Section 190.046(1)(e), F.S., the filing of the statement of estimated regulatory costs, or provide a proposal Petition, as supplemented, for expansion by the District Board for a lower cost regulatory alternative must do so in writing of Supervisors constitutes consent of the landowners. The within 21 days of this notice. proposed 212.65 acre expansion area will include single family SPECIFIC AUTHORITY: 944.09 FS. residential units that will be added to the overall development schedule. LAW IMPLEMENTED: 776.07, 944.09, 944.35 FS. SUMMARY: The Petition, as supplemented, proposes to IF REQUESTED WITHIN 21 DAYS OF THE DATE OF modify the land area presently serviced by the District by THIS NOTICE, A HEARING WILL BE SCHEDULED AND amending its boundary to add approximately 212.65 acres. The ANNOUNCED IN THE FAW. District currently covers approximately 3,028 acres of land THE PERSON TO BE CONTACTED REGARDING THE located entirely within Polk County, Florida. There are no PROPOSED RULE IS: Jamie Leigh Jordan, Office of the lands within the expansion parcel that are to be excluded from General Counsel, Department of Corrections, 2601 Blair Stone the District. Petitioner has written consent to amend the Road, Tallahassee, Florida 32399-2500 boundary of the District from the owners of one hundred THE FULL TEXT OF THE PROPOSED RULE IS: percent of the real property comprising the expansion parcel. Pursuant to Section 190.046(1)(e), F.S., the filing of the 33-602.210 Use of Force. Petition, as supplemented, for expansion by the District Board (1) through (21) No change. of Supervisors constitutes consent of the landowners. The (22) The following forms are hereby incorporated by proposed 212.65 acre expansion area will include single family reference. Copies of these forms are available from the Forms residential units that will be added to the overall development Control Administrator, Research, Planning and Support Services, schedule. 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. SUMMARY OF STATEMENT OF ESTIMATED (a) through (f) No change. REGULATORY COSTS: In association with the Petition, as (g) DC6-210, Incident Report, effective ______8-1-05. supplemented, the Petitioner has caused a Statement of (h) through (n) No change. Estimated Regulatory Costs (“SERC”) to be prepared in compliance with section 120.541, F.S. By way of summary, the Specific Authority 944.09, FS. Law Implemented 776.07, 944.09, SERC estimates the principal individuals and entities likely to 944.35 FS. History–New 4-8-81, Amended 10-10-83, 9-28-85, Formerly 33-3.066, Amended 3-26-86, 11-21-86, 4-21-93, 7-26-93, be required to comply with the amended rule are the single 11-2-94, 2-12-97, 11-8-98, Formerly 33-3.0066, Amended 10-6-99, family residential households that locate within the proposed 2-7-00, 7-25-02, 8-25-03, 2-25-04, 11-7-04, 4-17-05, 8-1-05, 3-2-06, expansion area. The SERC estimates that rule amendment 9-18-06, 10-4-07, ______. implementation and enforcement costs to the Commission and state agencies will be modest. The costs to Polk and Osceola NAME OF PERSON ORIGINATING PROPOSED RULE: Counties are modest and will be offset by the payment of George Sapp, Assistant Secretary of Institutions requisite filing and annual fees. The SERC estimates there will NAME OF SUPERVISOR OR PERSON WHO APPROVED be no effect on state and local revenues from the proposed THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy amendment of the rule. The SERC indicates the District may Secretary levy non-ad valorem special assessments on properties within DATE PROPOSED RULE APPROVED BY AGENCY its boundaries to finance infrastructure that the District funds HEAD: October 12, 2007 and to defray the costs of operating and maintaining the DATE NOTICE OF PROPOSED RULE DEVELOPMENT infrastructure and associated community facilities. Prospective PUBLISHED IN FAW: November 2, 2007 future landowners would be required to pay off such

5734 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 indebtedness over time in the form of non-ad valorem special COMMENCE AT A POINT LOCATED AT THE assessments or other rates, fees or charges. The District may NORTHWEST CORNER OF POINCIANA also impose an annual levy for the operations and maintenance NEIGHBORHOOD 1 EAST, VILLAGE 4, IN TOWNSHIP 27 of the District. The SERC further provides the decision to SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT locate within the District is completely voluntary. The SERC BOOK 56, PAGE 25, OF THE PUBLIC RECORDS OF POLK concludes that the expansion of the District’s boundary will COUNTY, FLORIDA, THENCE RUN S04°40'45''E FOR A have no impact on small businesses. As to impact on small DISTANCE OF 301.04 FEET TO THE POINT OF counties, neither Polk nor Osceola Counties are “small” BEGINNING. SAID POINT OF BEGINNING BEING counties as defined by Section 120.52, F.S. The SERC analysis LOCATED ON THE SOUTHERLY SIDELINE OF is based on a straightforward application of economic theory. CYPRESS PARKWAY AND THE EASTERLY SIDELINE Input was received from the developer’s engineer and other OF RHODODENDRON AVENUE; THENCE RUN professionals associated with the developer. S89°54'30''E FOR A DISTANCE OF 2930.85 FEET; Any person who wishes to provide information regarding a THENCE RUN S89°46'58''E FOR A DISTANCE OF 5321.93 statement of estimated regulatory costs, or provide a proposal FEET; THENCE RUN S89°58'45''E FOR A DISTANCE OF for a lower cost regulatory alternative must do so in writing 886.32 FEET; THENCE RUN EASTERLY ALONG THE within 21 days of this notice. ARC OF A CURVE, CONCAVE TO THE NORTH HAVING SPECIFIC AUTHORITY: 190.005, 190.046 FS. A RADIUS OF 2059.86 FEET, THROUGH A CENTRAL LAW IMPLEMENTED: 190.004, 190.005, 190.046 FS. ANGLE OF 19°04'49'' A DISTANCE OF 685.96 FEET; IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THENCE RUN EASTERLY ALONG THE ARC OF A THIS NOTICE, A HEARING WILL BE HELD AT THE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS DATE, TIME AND PLACE SHOWN BELOW (IF NOT OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF REQUESTED, THIS HEARING WILL NOT BE HELD): 93°12'37'' A DISTANCE OF 40.67 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE DATE AND TIME: Thursday, January 10, 2008, 10:00 a.m. TO THE WEST HAVING A RADIUS OF 3139.52 FEET, PLACE: The Capitol, Room 2103, Tallahassee, Florida THROUGH A CENTRAL ANGLE OF 20°42'36'' A 32399-0001 DISTANCE OF 1134.80 FEET; THENCE RUN Pursuant to the provisions of the Americans with Disabilities SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE Act, any person requiring special accommodations to TO THE WEST HAVING A RADIUS OF 25.00 FEET, participate in this workshop/meeting is asked to advise the THROUGH A CENTRAL ANGLE OF 90°58'35'' A agency at least two days before the workshop/meeting by o contacting: Barbara Leighty, Florida Land and Water DISTANCE OF 39.70 FEET; THENCE RUN N84 09'21''W Adjudicatory Commission, Office of the Governor, The FOR A DISTANCE OF 396.38 FEET; THENCE RUN Capitol, Room 1801, Tallahassee, Florida 32399-0001. If you WESTERLY ALONG THE ARC OF A CURVE, CONCAVE are hearing or speech impaired, please contact the agency using TO THE SOUTH HAVING A RADIUS OF 650.53 FEET, the Florida Relay Service, 1(800)955-8771 (TDD) or THROUGH A CENTRAL ANGLE OF 23°40'59'' A 1(800)955-8770 (Voice). DISTANCE OF 268.90 FEET; THENCE RUN WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE THE PERSON TO BE CONTACTED REGARDING THE SOUTH HAVING A RADIUS OF 540.00 FEET, THROUGH PROPOSED RULE IS: Barbara Leighty, Florida Land and A CENTRAL ANGLE OF 67°17'36'' A DISTANCE OF Water Adjudicatory Commission, Office of the Governor, The 634.23 FEET; THENCE RUN S04°52'04''W FOR A Capitol, Room 1801, Tallahassee, Florida 32399-0001 DISTANCE OF 1734.81 FEET; THENCE RUN THE FULL TEXT OF THE PROPOSED RULE IS: SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 560.00 FEET, 42AA-1.002 Boundary. THROUGH A CENTRAL ANGLE OF 28°42'35'' A The boundaries of the district are as follows: DISTANCE OF 280.60 FEET; THENCE RUN S33°34'39''W PARCEL A FOR A DISTANCE OF 472.17 FEET; THENCE RUN PERIMETER DESCRIPTION S56°25'21''E FOR A DISTANCE OF 1140.00 FEET; LEGAL DESCRIPTION THENCE RUN EASTERLY ALONG THE ARC OF A A PORTION OF SECTIONS 13, 14, 15, 22, 23, 24, 25, 26, 35 CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS AND 36, IN TOWNSHIP 27 SOUTH, RANGE 28 EAST, OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF POLK COUNTY, FLORIDA, MORE PARTICULARLY 90°00'00'' A DISTANCE OF 39.27 FEET; THENCE RUN DESCRIBED AS FOLLOWS: S33°34'39''W FOR A DISTANCE OF 258.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF 1825.00

Section II - Proposed Rules 5735 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

FEET, THROUGH A CENTRAL ANGLE OF 35°13'56'' A THENCE RUN NORTHERLY ALONG THE ARC OF A DISTANCE OF 1122.23 FEET; THENCE RUN S01°39'17''E CURVE, CONCAVE TO THE WEST HAVING A RADIUS FOR A DISTANCE OF 1818.87 FEET; THENCE RUN OF 1925.00 FEET, THROUGH A CENTRAL ANGLE OF SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE 22°30'00" A DISTANCE OF 755.95 FEET; THENCE RUN TO THE WEST HAVING A RADIUS OF 1125.00 FEET; N41°11'48"W FOR A DISTANCE OF 1295.00 FEET; THROUGH A CENTRAL ANGLE OF 37°45'34'' A THENCE RUN N48°48'12"E FOR A DISTANCE OF 475.00 DISTANCE OF 741.41 FEET; THENCE RUN S36°06'17''W FEET; THENCE RUN EASTERLY ALONG THE ARC OF A FOR A DISTANCE OF 469.92 FEET; THENCE RUN CURVE, CONCAVE TO THE NORTH HAVING A RADIUS SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE OF 1325.00 FEET, THROUGH A CENTRAL ANGLE OF TO THE EAST HAVING A RADIUS OF 1525.00 FEET, 40°00'00" A DISTANCE OF 925.03 FEET; THENCE RUN THROUGH A CENTRAL ANGLE OF 46°06'17'' A N08°48'12"E FOR A DISTANCE OF 3153.37 FEET; DISTANCE OF 1227.14 FEET; THENCE RUN S10°00'00''E THENCE RUN NORTHERLY ALONG THE ARC OF A FOR A DISTANCE OF 403.95 FEET; THENCE RUN CURVE, CONCAVE TO THE EAST HAVING A RADIUS SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE OF 1825.00 FEET, THROUGH A CENTRAL ANGLE OF TO THE WEST HAVING A RADIUS OF 3350.00 FEET, 24°02'18" A DISTANCE OF 765.68 FEET; THENCE RUN THROUGH A CENTRAL ANGLE OF 10°00'00'' A N32°50'30"E FOR A DISTANCE OF 855.99 FEET; THENCE DISTANCE OF 584.69 FEET; THENCE RUN S00°00'00''E RUN NORTHERLY ALONG THE ARC OF A CURVE, FOR A DISTANCE OF 1200.84 FEET; THENCE RUN CONCAVE TO THE WEST HAVING A RADIUS OF SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE 1450.00 FEET, THROUGH A CENTRAL ANGLE OF TO THE EAST HAVING A RADIUS OF 2075.00 FEET, 65°00'00" A DISTANCE OF 1644.97 FEET; THENCE RUN THROUGH A CENTRAL ANGLE OF 20°19'55'' A N32°09'30"W FOR A DISTANCE OF 749.99 FEET; DISTANCE OF 736.33 FEET; THENCE RUN S20°19'55''E THENCE RUN NORTHERLY ALONG THE ARC OF A FOR A DISTANCE OF 443.56 FEET; THENCE RUN CURVE, CONCAVE TO THE EAST HAVING A RADIUS SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE OF 1300.00 FEET, THROUGH A CENTRAL ANGLE OF TO THE WEST HAVING A RADIUS OF 1925.00 FEET, 16°30'00" A DISTANCE OF 374.37 FEET; THENCE RUN THROUGH A CENTRAL ANGLE OF 26°36'00'' A N15°39'30"W FOR A DISTANCE OF 740.00 FEET; DISTANCE OF 893.70 FEET; THENCE RUN S06°16'05''W THENCE RUN NORTHERLY ALONG THE ARC OF A FOR A DISTANCE OF 520.38 FEET; THENCE RUN CURVE, CONCAVE TO THE WEST HAVING A RADIUS SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF TO THE WEST HAVING A RADIUS OF 6225.00 FEET, 24°00'00" A DISTANCE OF 827.29 FEET; THENCE RUN THROUGH A CENTRAL ANGLE OF 09°04'15'' A N39°39'30"W FOR A DISTANCE OF 765.00 FEET; DISTANCE OF 985.52 FEET; THENCE RUN S15°20'20''W THENCE RUN NORTHERLY ALONG THE ARC OF A FOR A DISTANCE OF 1617.02 FEET; THENCE RUN CURVE, CONCAVE TO THE EAST HAVING A RADIUS N74°39'40''W FOR A DISTANCE OF 269.91 FEET; OF 1225.00 FEET, THROUGH A CENTRAL ANGLE OF THENCE RUN WESTERLY ALONG THE ARC OF A 39°45'00" A DISTANCE OF 849.87 FEET; THENCE RUN CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS N00°05'30"E FOR A DISTANCE OF 229.96 FEET; THENCE OF 1575.00 FEET, THROUGH A CENTRAL ANGLE OF RUN NORTHERLY ALONG THE ARC OF A CURVE, 15°20'20'' A DISTANCE OF 421.65 FEET; THENCE RUN CONCAVE TO THE EAST HAVING A RADIUS OF 25.00 N90°00'00"W FOR A DISTANCE OF 1819.67 FEET; FEET, THROUGH A CENTRAL ANGLE OF 90°00'00" A THENCE RUN WESTERLY ALONG THE ARC OF A DISTANCE OF 39.27 FEET TO THE POINT OF CURVE, CONCAVE TO THE NORTH HAVING A RADIUS BEGINNING. CONTAINING 2875.650 ACRES MORE OR OF 2950.00 FEET, THROUGH A CENTRAL ANGLE OF LESS. 52°36'25" A DISTANCE OF 2708.59 FEET; THENCE RUN ALSO INCLUDING: N37°23'35"W FOR A DISTANCE OF 502.05 FEET; PARCEL C THENCE RUN NORTHERLY ALONG THE ARC OF A PERIMETER DESCRIPTION CURVE, CONCAVE TO THE WEST HAVING A RADIUS LEGAL DESCRIPTION OF 2300.00 FEET, THROUGH A CENTRAL ANGLE OF A PORTION OF SECTIONS 13, 24, AND 25, IN TOWNSHIP 11°48'13" A DISTANCE OF 473.83 FEET; THENCE RUN 27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA, N49°11'48"W FOR A DISTANCE OF 833.92 FEET; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE RUN WESTERLY ALONG THE ARC OF A BEGIN AT THE NORTHWEST CORNER OF POINCIANA CURVE, CONCAVE TO THE NORTH HAVING A RADIUS NEIGHBORHOOD 3, VILLAGE 3, IN TOWNSHIP 27 OF 1875.00 FEET, THROUGH A CENTRAL ANGLE OF SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT 30°30'00" A DISTANCE OF 998.11 FEET; THENCE RUN BOOK 52, PAGE 19, OF THE PUBLIC RECORDS OF POLK N18°41'48"W FOR A DISTANCE OF 940.00 FEET;

5736 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

COUNTY, FLORIDA. SAID POINT BEING ON THE 35°13'55'' A DISTANCE OF 1029.98 FEET; THENCE RUN SOUTHERLY SIDELINE OF WALNUT STREET AND THE N33°34'39''E FOR A DISTANCE OF 258.09 FEET; THENCE EASTERLY SIDELINE OF MARIGOLD AVENUE. RUN NORTHERLY ALONG THE ARC OF A CURVE, THENCE RUN FROM A TANGENT BEARING OF CONCAVE TO THE EAST HAVING A RADIUS OF 25.00 S56°25'21"E RUN EASTERLY ALONG THE ARC OF A FEET, THROUGH A CENTRAL ANGLE OF 90°00'00'' A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS DISTANCE OF 39.27 FEET TO THE POINT OF OF 2392.77 FEET, THROUGH A CENTRAL ANGLE OF BEGINNING. CONTAINING 154.728 ACRES MORE OR 34°37'51" A DISTANCE OF 1446.24 FEET; THENCE RUN LESS. N88°56'48"E FOR A DISTANCE OF 97.67 FEET; THENCE LESS AND EXCEPT: RUN S04°03'28"W FOR A DISTANCE OF 330.04 FEET; LOT 1, BLOCK 302, “POINCIANA NEIGHBORHOOD 6 THENCE RUN S54°03'28"W FOR A DISTANCE OF 153.75 NORTH VILLAGE 3'', ACCORDING TO THE PLAT FEET; THENCE RUN S61°47'51"W FOR A DISTANCE OF THEREOF, AS RECORDED IN PLAT BOOK 52, PAGES 42 211.04 FEET; THENCE RUN S08°01'02"E FOR A THROUGH 49 OF THE PUBLIC RECORDS OF POLK DISTANCE OF 40.95 FEET; THENCE RUN S47°33'48"E COUNTY, FLORIDA, BEING MORE PARTICULARLY FOR A DISTANCE OF 170.24 FEET; THENCE RUN DESCRIBED AS FOLLOWS: S05°05'14"W FOR A DISTANCE OF 170.69 FEET; THENCE COMMENCE AT THE NORTHWEST CORNER OF RUN S08°32'10"W FOR A DISTANCE OF 224.90 FEET; SECTION 35, TOWNSHIP 27 SOUTH, RANGE 28 EAST, THENCE RUN S01°40'55"W FOR A DISTANCE OF 227.80 POLK COUNTY, FLORIDA, RUN NORTH 89°56'36'' EAST FEET; THENCE RUN S05°05'14"W FOR A DISTANCE OF ALONG THE NORTH LINE OF SAID SECTION 35 A 1230.28 FEET; THENCE RUN S18°34'59"W FOR A DISTANCE OF 644.07 FEET; THENCE DEPARTING SAID DISTANCE OF 582.94 FEET; THENCE RUN S37°56'48''W NORTH LINE, SOUTH 00°03'25'' EAST A DISTANCE OF FOR A DISTANCE OF 336.99 FEET; THENCE RUN 102.49 FEET TO THE NORTHERLYMOST CORNER OF S00°06'26''W FOR A DISTANCE OF 170.14 FEET; THENCE SAID LOT 1 AND THE POINT OF BEGINNING; THENCE RUN S38°18'16''W FOR A DISTANCE OF 323.43 FEET; SOUTHEASTERLY ALONG THE EASTERLY LINE OF THENCE RUN S49°40'20''W FOR A DISTANCE OF 257.88 SAID LOT 1, BEING A CURVE CONCAVE FEET; THENCE RUN S56°44'06''W FOR A DISTANCE OF NORTHEASTERLY, HAVING A RADIUS OF 2519.00 156.10 FEET; THENCE RUN S7°17'59''W FOR A FEET, A CENTRAL ANGLE OF 01°55'54'' AND A CHORD DISTANCE OF 146.98 FEET; THENCE RUN S46°42'14''W OF 84.92 FEET THAT BEARS SOUTH 41°32'37'' EAST; FOR A DISTANCE OF 268.65 FEET; THENCE RUN THENCE ALONG THE ARC OF SAID CURVE A S61°53'00''W FOR A DISTANCE OF 158.15 FEET; THENCE DISTANCE OF 84.96 FEET; THENCE SOUTH 46°34'51'' RUN N78°20'54''W FOR A DISTANCE OF 169.83 FEET; WEST, A DISTANCE OF 74.50 FEET TO A POINT OF THENCE RUN N53°53'43''W FOR A DISTANCE OF 180.00 CURVATURE OF A CURVE CONCAVE NORTHERLY, FEET; THENCE RUN S36°06'17''W FOR A DISTANCE OF HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE 70.00 FEET; THENCE RUN S52°45'05''W FOR A OF 91°26'07'' AND A CHORD OF 35.80 FEET THAT DISTANCE OF 157.04 FEET; THENCE RUN N81°15'40''W BEARS NORTH 8°42'05'' WEST, SAID POINT BEING FOR A DISTANCE OF 148.46 FEET; THENCE RUN HEREAFTER REFERRED TO AS POINT “A”; THENCE N77°03'48''W FOR A DISTANCE OF 59.12 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF RUN S12°56'12''W FOR A DISTANCE OF 80.00 FEET; 39.90 FEET TO A POINT OF COMPOUND CURVATURE THENCE RUN N77°03'48''W FOR A DISTANCE OF 166.57 OF A CURVE CONCAVE NORTHEASTERLY, HAVING A FEET; THENCE RUN FROM A TANGENT BEARING OF RADIUS OF 2619.00 FEET, A CENTRAL ANGLE OF N10°00'00''W RUN NORTHERLY ALONG THE ARC OF A 01°24'21'' AND A CHORD OF 64.25 FEET THAT BEARS CURVE, CONCAVE TO THE EAST HAVING A RADIUS NORTH 41°16'50'' WEST, THENCE ALONG THE ARC OF OF 1375.00 FEET, THROUGH A CENTRAL ANGLE OF SAID CURVE A DISTANCE OF 64.28 FEET; THENCE 24°50'04'' A DISTANCE OF 595.98 FEET; THENCE RUN NORTH 49°25'20'' EAST A DISTANCE OF 100.00 FEET TO N36°06'17''E FOR A DISTANCE OF 469.92 FEET; THENCE THE POINT OF BEGINNING. (CONTAINING 0.20 ACRES, RUN NORTHERLY ALONG THE ARC OF A CURVE, MORE OR LESS.) CONCAVE TO THE WEST HAVING A RADIUS OF ALSO LESS AND EXCEPT: 1275.00 FEET, THROUGH A CENTRAL ANGLE OF AN APPROXIMATE 2 1/2 ACRE PARCEL LOCATED IN 37°45'33'' A DISTANCE OF 840.25 FEET; THENCE RUN TRACT C, NEIGHBORHOOD 1-E VILLAGE 4, AS N01°39'17''W FOR A DISTANCE OF 1818.87 FEET; RECORDED IN PLAT BOOK 56, PAGE 31, BEING IN THENCE RUN NORTHERLY ALONG THE ARC OF A SECTION 14, TOWNSHIP 27 SOUTH, RANGE 28 EAST, CURVE CONCAVE TO THE EAST HAVING A RADIUS OF POLK COUNTY, FLORIDA. 1675.00 FEET, THROUGH A CENTRAL ANGLE OF

Section II - Proposed Rules 5737 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

TOGETHER WITH: thence S 31°54'09" E a distance of 138.60 feet to a point on the Description: Solivita – Phase VIA(Recorded in Plat Book 131, Southerly line of said Block 52; thence S 78°11'28" E along the Pages 30-35 of the Public Records of Polk County, Florida). Southerly line of said Block 52 a distance of 228.53 feet to the All of Blocks 14, 15, 16 and 17; portions of Blocks 18, 19, 20, Southwest corner of Lot 3 of said Block 52; thence S 09°21'52" 21, 22, 23, 24, 25 and 26; all of Tracts K-1, K-2, K-3, K-4, K-6, E along the West line of Greenway 5 as shown on said Plat a K-7, K-8 and K-9, a portion of Tract K-5; all of the public distance of 107.64 feet to the Northwest corner of Lot 2, Block right-of-way for Rough Lane; portions of the public 51 as shown on said Plat; thence along the Westerly line of said right-of-ways for, Score Drive, Long Court and Spike Drive; a Block 51 the following courses and distances : S 39°07'24" W portion of Greenway 1 as shown on Page 34; a portion of a distance of 267.65 feet; thence S 00°32'13" W a distance of Greenways 1, 2 and 3 as shown on Page 35; a portion of 252.09 feet; thence S 31°54'27" E a distance of 135.03 feet to Greenways 1 and 2 as shown on Page 36; a portion of the most Westerly corner of Lot 8 of said Block 51; thence S Greenways 2 and 3 as shown on Page 37 and a portion of 04°54'55" W along the West line of Greenway 4 lying South of Greenway 1 as shown on Page 38, the above as shown on said Lot 8, Block 51 and North of Lot 6, Block 47 as shown on Replat of a Portion of Poinciana Neighborhood 1, Village 3, as said Plat, a distance of 64.55 feet to the Northwest corner of recorded in Plat Book 58, Pages 31 through 38, Public Records said Lot 6, Block 47; thence along the Northerly line of said of Polk County, Florida, (Please note that the portions of the Block 47 the following courses and distance : N 81°26'08" W a Replat of a Portion of Poinciana Neighborhood 1, Village 3 distance of 127.07 feet; thence S 69°09'12" W a distance of plat described above were vacated by the Polk County Board 129.16 feet to a point on the Westerly line of said Block 47; of County Commissioners at their July 13, 2005 meeting) thence along the Westerly line of said Block 47 the following being more particularly described as follows: courses and distances : S 46°18'56" W a distance of 128.96 Commence at the Northwest corner of Section 13, Township feet; thence S 23°22'07" W a distance of 129.08 feet; thence S 27 South, Range 28 East, Polk County, Florida; thence S 08°30'30" E a distance of 163.06 feet to the most Southerly 89°57'44" E along the North line of said Section 13 a distance corner of Lot 11 of said Block 47; thence S 26°23'05" E along of 2472.78 feet to the Point of Beginning, said point being the the West line of Greenway 3 lying South of said Lot 11, Block Northeast corner of Golf Villas II at Poinciana, as recorded in 47 and North of Lot 11, Block 40 as shown on said Plat and Plat Book 72, Pages 16 through 18, Public Records of Polk along the Westerly line of said Block 40 a distance of 422.01 County, Florida; thence continue S 89°57'44" E along said feet to the most Westerly corner of Lot 7 of said Block 40; North line a distance of 2369.24 feet to the most Northerly thence S 41°02'16" E along the Southwesterly line of said Lot corner of Lot 8, Block 59, of said Replat of a Portion of 7, Block 40 a distance of 120.64 feet to a point on the Poinciana Neighborhood 1, Village 3; thence along the Southerly line of said Block 40; thence along the Southerly line Westerly line of said Block 59 the following courses and of said Block 40 the following courses and distance : S distances : S 14°41'52" W a distance of 355.07 feet; thence S 61°20'51" E a distance of 121.61 feet; thence S 76°39'46" E a 19°01'09" E a distance of 256.27 feet to the Most Southerly distance of 121.62 feet; thence N 88°15'31" E a distance of corner of Lot 12 of said Block 59, said point being on a 121.64 feet; thence N 77°08'44" E a distance of 91.93 feet; Northwesterly projection of the Southerly line of Block 55 as thence N 83°49'57" E a distance of 178.53 feet to a point on the shown on said Plat; thence S 56°39'52" E along the Southerly Westerly right-of-way line of Country Club Road as shown on line of said Block 55 a distance of 209.11 feet to the Southeast said Plat, said point being on the arc of a non tangent curve, corner of Lot 5 of said Block 55, said point being on the concave Westerly, having a central angle of 06°44'44" and a Westerly line of Greenway 3 as shown on said Plat; thence S radius of 4010.00 feet; thence Southerly along the arc of said 58°57'28" W along the Westerly line of said Greenway 3 a curve and along said Westerly right-of-way line a distance of distance of 78.56 feet to the Northeast corner of Lot 7, Block 472.10 feet to the Northeast corner of Lot 1, Block 39 as shown 54 as shown on said Plat; thence S 85°52'35" W along the on said Plat ( chord bearing and distance between said points Northerly line of said Block 54 a distance of 251.43 feet to a being S 05°51'52" E 471.83 feet ); thence along the Northerly point on the Westerly line of said Block 54; thence along the line of said Block 39 the following courses and distances : S Westerly line of said Block 54 the following courses and 89°43'43" W a distance of 367.50 feet; thence S 73°05'33" W a distances: S 53°27'40" W a distance of 129.38 feet; thence S distance of 125.80 feet to a point on the Westerly line of said 33°12'14" W a distance of 129.39 feet; thence S 10°10'36" W a Block 39; thence S 40°55'23" W along the Westerly line of said distance of 150.32 feet to the Southwest corner of Lot 11 of Block 39 a distance of 125.61 feet; thence continue along the said Block 54; thence S 06°23'29" E along the West line of Westerly line of said Block 39 and along the West line of Greenway 4 as shown on said Plat a distance of 59.99 feet to Greenway 2, lying South of Lot 10 of said Block 39 and North the Northwest corner of Lot 7, Block 52 as shown on said Plat; of Lot 6, Block 37 as shown on said Plat, and along the thence along the Westerly line of said Block 52 the following Westerly line of said Block 37, S 27°19'09" W a distance of courses and distances: S 22°29'49" E a distance of 144.98 feet; 614.17 feet; thence continue along the Westerly line of said Block 37 S 37°44'32" E a distance of 217.18 feet to the most

5738 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Southerly corner of Lot 4 of said Block 37; thence S 22°32'13" of tangency of said curve; thence N 62°38'41" E a distance of W along the West line of Greenway 2 lying South of Lot 3 of 131.11 feet to the point of curvature of a curve, concave said Block 37 and North of Lot 20, Block 27 as shown on said Northwesterly, having a central angle of 91°36'50" and a radius Plat, a distance of 115.01 feet to the most Easterly corner of of 144.00 feet; thence Northeasterly and Northwesterly along Lot 19 of said Block 27; thence along the Northerly and the arc of said curve a distance of 230.25 feet to the point of Easterly lines of said Block 27 the following courses and tangency of said curve; thence N 28°58'03" W a distance of distances : N 37°38'21" W a distance of 271.09 feet; thence S 74.32 feet to the point of curvature of a curve, concave 88°52'22" W, a distance of 143.19 feet; thence S 64°58'04" W a Southwesterly, having a central angle of 56°47'36" and a radius distance of 303.42 feet; thence N 25°00'35" W a distance of of 132.50 feet; thence Northwesterly along the arc of said 119.91 feet; thence S 65°08'34" W a distance of 192.00 feet; curve a distance of 131.34 feet to the point of compound thence S 74°04'39" W a distance of 111.97 feet; thence S curvature of a curve, concave Southerly, having a central angle 82°08'35" W a distance of 43.45 feet; thence leaving the of 26°25'29" and a radius of 227.90 feet; thence Southwesterly Northerly line of said Block 27, N 07°48'58" W a distance of along the arc of said curve a distance of 105.11 feet to the point 52.62 feet; thence N 11°19'01" W a distance of 119.72 feet; of tangency of said curve; thence S 67°48'53" W a distance of thence N 79°56'01" W a distance of 15.34 feet; thence N 101.50 feet to the point of curvature of a curve, concave 06°46'04" E a distance of 65.11 feet; thence N 20°03'14" E a Northeasterly, having a central angle of 86°11'07" and a radius distance of 65.99 feet; thence N 87°19'26" E a distance of of 50.00 feet; thence Southwesterly and Northwesterly along 12.72 feet to a point on a non tangent curve, concave the arc of said curve a distance of 75.21 feet to the point of Northwesterly, having a central angle of 40°55'26" and a radius reverse curvature of a curve, concave Southwesterly, having a of 359.00 feet; thence Northeasterly along the arc of said curve central angle of 10°53'40" and a radius of 601.00 feet; thence a distance of 256.42 feet to the point of reverse curvature of a Northwesterly along the arc of said curve a distance of 114.28 curve ( chord bearing and distance between said points being N feet to the point of reverse curvature of a curve, concave 72°29'01" E a distance of 251.00 feet ), concave Southeasterly, Southeasterly, having a central angle of 104°14'28" and a having a central angle of 43°07'10" and a radius of 180.00 feet; radius of 50.00 feet; thence Northeasterly along the arc of said thence Northeasterly along the arc of said curve a distance of curve a distance of 90.97 feet to the point of reverse curvature 135.46 feet to the point of reverse curvature of a curve, of a curve, concave Northwesterly, having a central angle of concave Northwesterly, having at central angle of 47°51'29" 24°02'38" and a radius of 530.90 feet; thence Northeasterly and a radius of 405.60 feet; thence Northeasterly along the arc along the arc of said curve a distance of 222.79 feet to the point of said curve a distance of 338.79 feet to a point ( chord of compound curvature of a curve, concave Westerly, having a bearing and distance between said points being N 71°12'14" E central angle of 86°47'49" and a radius of 189.00 feet; thence 329.03 feet ); thence N 38°55'40" W a distance of 175.50 feet; Northeasterly and Northwesterly along the arc of said curve a thence N 45°04'59" W a distance of 134.31 feet; thence S distance of 286.31 feet to the point of tangency of said curve; 70°54'23" W a distance of 77.22 feet; thence S 88°26'21" W a thence N 43°29'39" W a distance of 91.36 feet to the point of distance of 88.14 feet to a point on a non tangent curve, curvature of a curve, concave Southerly, having a central angle concave Southeasterly, having a central angle of 29°37'12" and of 82°30'10" and a radius of 157.50 feet; thence Northwesterly a radius of 518.63 feet; thence Southwesterly along the arc of and Southwesterly along the arc of said curve a distance of said curve a distance of 268.11 feet to the point of tangency of 226.79 feet to the point of tangency of said curve; thence S said curve ( chord bearing and distance between said points 54°00'10" W a distance of 157.26 feet to the point of curvature being S 68°44'26" W a distance of 265.14 feet ), said point of a curve, concave Northeasterly, having a central angle of being on the arc of a non tangent curve, concave Northerly, 105°35'45" and a radius of 50.00 feet; thence Northwesterly having a central angle of 79°03'34" and a radius of 62.03 feet; along the arc of said curve a distance of 92.15 feet to the point thence Southwesterly and Northwesterly along the arc of said of compound curvature of a curve, concave Easterly, having a curve a distance of 85.57 feet to the point of curvature of a central angle of 06°37'12" and a radius of 1340.56 feet; thence curve (chord bearing and distance between said points being N Northwesterly along the arc of said curve, a distance of 154.89 86°30’33” W 78.95 feet), concave Northeasterly, having a feet to the point of compound curvature of a curve, concave central angle of 29°32'58" and a radius of 104.83 feet; thence Southeasterly, having a central angle of 92°01'56" and a radius Northwesterly along the arc of said curve a distance of 54.06 of 50.00 feet; thence Northeasterly along the arc of said curve a feet to the point of reverse curvature of a curve, concave distance of 80.31 feet to the point of reverse curvature of a Southwesterly, having a central angle of 01°59'34" and a radius curve, concave Northwesterly, having a central angle of of 2234.64 feet; thence Northwesterly along the arc of said 14°34'38" and a radius of 665.00 feet; thence Northeasterly curve a distance of 77.72 feet to the point of reverse curvature along the arc of said curve a distance of 169.19 feet to the point of a curve, concave Southeasterly, having a central angle of of compound curvature of a curve, concave Northwesterly, 82°36'31" and a radius of 50.00 feet; thence Northeasterly having a central angel of 68°17'04" and a radius of 166.62 feet; along the arc of said curve a distance of 72.09 feet to the point thence Northeasterly along the arc of said curve a distance of

Section II - Proposed Rules 5739 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

198.57 feet to the point of reverse curvature of a curve, being N 00°53'16" E 460.11 feet); thence along the Southerly concave Easterly, having a central angle of 26°34'37" and a line of said Greenway 1 the following courses and distances: N radius of 100.78 feet; thence Northeasterly along the arc of 55°49'17" E, a distance of 269.01 feet; thence S 84°51'03" E a said curve a distance of 46.75 feet to the point of tangency of distance of 262.50 feet to a point on the East line of said said curve; thence N 21°57'58" E a distance of 13.30 feet; Greenway 1; thence N 10°01'57" E along the East line of said thence N 38°04'31" W a distance of 106.93 feet; thence N Greenway 1 and along the East line of Tract A-1 as shown on 46°46'59" W a distance of 98.41 feet; thence N 55°57'20" W a said plat of Golf Villa II at Poinciana, a distance of 764.20 feet distance of 98.24 feet; thence N 65°07'34" W a distance of to the Point of Beginning. 98.24 feet; thence N 73°45'49" W a distance of 89.70 feet; Containing 177.61 acres more or less. thence N 62°57'12" W a distance of 70.73 feet; thence N LESS AND EXCEPT: 45°03'03" W a distance of 77.53 feet; thence N 16°59'23" W a Lot 67, Solivita – Phase VIA, according to the plat thereof, as distance of 74.56 feet; thence N 10°42'56" E a distance of recorded in Plat Book 131, Pages 30 through 35 of the Public 74.56 feet; thence N 38°46'36" E a distance of 77.53 feet; Records of Polk County, Florida, being further described as thence N 44°54'08" W a distance of 121.58 feet to a point on follows: the arc of a non tangent curve, concave Southeasterly, having a Begin at the Northwest corner of said Lot 67; thence North central angle of 18°05'23" and a radius of 325.00 feet; thence 72°52’04 East along the Northwesterly line of said lot, 125.38 Southwesterly along the arc of said curve a distance of 102.61 feet; thence South 17°02’52 East along the Northeasterly line feet to a point (chord bearing and distance between said points of said lot, same being the Southwesterly line of Tract P-E18 as being S 39°44'51" W 102.19 feet); thence N 59°17'51" W a shown on said plat, 55.00 feet; thence South 72°52’04” West distance of 50.00 feet to a point on a non tangent curve, along the Southeasterly line of said lot, 125.30 feet; thence concave Southeasterly, having a central angle of 02°33'13" and North 17°07’56” West along the Southwesterly line of said lot, a radius of 375.00 feet; thence Southwesterly along the arc of same being the Northeasterly right-of-way line of Sorrento said curve a distance of 16.71 feet to a point ( chord bearing Road as shown on said plat, 55.00 feet to the Point of and distance between said points being S 29°25'32" W 16.71 Beginning. Said lot contains 6,894 square feet, more or less. feet ); thence N 56°31'23" W a distance of 9.97 feet to a point LESS AND EXCEPT: on a non tangent curve, concave Southeasterly, having a central Lot 117, Solivita – Phase VIA, according to the plat thereof, as angle of 39°42'30" and a radius of 324.00 feet; thence recorded in Plat Book 131, Pages 30 through 35 of the Public Southwesterly along the arc of said curve a distance of 224.54 Records of Polk County, Florida, being further described as feet to a point ( chord bearing and distance between said points follows: being S 07°57'40" W 220.08 feet ); thence S 79°10'49" W a Begin at the Northwest corner of said Lot 117; thence North distance of 18.50 feet to a point on the East right-of-way line of 80°34’33 East along the Northerly line of said lot, 131.58 feet; Fairway Road (80.00 foot right-of-way) as shown on said plat, thence South 11°36’32 East along the Easterly line of said lot, said point being on the arc of a non tangent curve, concave same being the Westerly line of Tract G-4 as shown on said Southwesterly, having a central angle of 72°13'02" and a radius plat, 55.04 feet; thence South 80°34’33” West along the of 590.00 feet; thence Northwesterly along the arc of said Southerly line of said lot, 134.44 feet to a point on the arc of a curve and along said East right-of-way line a distance of non-tangent curve concave Westerly having a radius of 325.00 743.65 feet to the point of tangency of said curve ( chord feet, a central angle of 03°55’26” and a chord of 22.25 feet that bearing and distance between said points being N 48°02'30" W bears North 07°27’44” West; thence Northerly along the arc of 695.39 feet ); thence continue along said right-of-way line N said curve and the Westerly line of said lot, same being the 84°09'01" W a distance of 136.28 feet to the point of curvature Easterly right-of-way line of Vizcaya Court as shown on said of a curve, concave Northeasterly, having a central angle of 89°02'54" and a radius of 25.00 feet; thence Northwesterly plat, 22.26 feet; thence North 09°25’27” West continuing along said lot line and said right-of-way line, 32.76 feet to the Point along the arc of said curve and along said right-of-way line a distance of 38.85 feet to the point of tangency of said curve, of Beginning. Said lot contains 7,300 square feet, more or less. said point being on the East right-of-way line of Marigold ALSO INCLUDING: Avenue (150.00 foot right-of-way) as shown on said plat; DESCRIPTION: SOLIVITA – PHASE VIB thence N 04°53'53" E along the East right-of-way line of said A portion of Blocks 18 through 26, Tract K-5, Greenway 1 Marigold Avenue a distance of 11.91 feet to the point of (lying Southeasterly and Easterly of Block 23), Greenway 1 curvature of a curve, concave Westerly, having a central angle (lying between Blocks 22 and 23), Greenway 1 (lying South of of 08°01'14" and a radius of 3289.52 feet; thence Northerly Block 26), Greenway 2 (lying between Blocks 24 and 26), along the arc of said curve and along said East right-of-way Greenway 3 (lying between Blocks 21 and 22) and a portion of line a distance of 460.48 feet to a point on the Southerly line of the following publicly dedicated road right-of-ways (all Greenway 1 as shown on the plat of said Golf Villas II at 60-foot-wide): Cart Lane, Long Court, Score Drive and Spike Poinciana, (chord bearing and distance between said points Drive, of the Replat of a Portion of Poinciana Neighborhood 1,

5740 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Village 3, as recorded in Plat Book 58, Pages 31 through 38, of North 39°44'51" East, 102.19 feet; thence Northeasterly Public Records of Polk County, Florida, (Please note that the along the arc of said curve, through a central angle of portions of the Replat of a Portion of Poinciana Neighborhood 18°05'23", a distance of 102.61 feet; thence South 44°54'08" 1, Village 3 plat described above were vacated by the Polk East, 121.58 feet; thence South 38°46'36" West, 77.53 feet; County Board of County Commissioners at their July 27, 2005 thence South 10°42'56" West, 74.56 feet; thence South meeting) being more particularly described as follows: 16°59'23" East, 74.56 feet; thence South 45°03'03" East, 77.53 Commence at the Northwest corner of Section 13, Township feet; thence South 62°57'12" East, 70.73 feet; thence South 27 South, Range 28 East, Polk County, Florida; thence South 73°45'49" East, 89.70 feet; thence South 65°07'34" East, 98.24 89°57'44" East along the North line of said Section 13, 2472.78 feet; thence South 55°57'20" East, 98.24 feet; thence South feet to the Northeast corner of Golf Villas II at Poinciana, as 46°46'59" East, 98.41 feet; thence South 38°04'31" East, recorded in Plat Book 72, Pages 16 through 18, Public Records 106.93 feet; thence South 21°57'58" West, 13.30 feet to the of Polk County, Florida; thence South 10°01'57" West along point of curvature of a curve concave East having a radius of the East line of Tract A-1 as shown on said plat of Golf Villa II 100.78 feet, a central angle of 26°34'37", and a chord bearing at Poinciana and along the East line of Greenway 1 as shown and distance of South 08°31'13" West, 46.33 feet; thence on said plat, 764.20 feet to a point on the Southerly line of said Southerly along the arc of said curve a distance of 46.75 feet to Greenway 1; thence along said Southerly line the following a point of reverse curvature of a curve concave Northwest courses and distances: North 84°51'03" West, 262.50 feet; having a radius of 166.62 feet and a central angle of 68°17'04"; thence South 55°49'17" West, 269.01 feet to a point on a thence Southwesterly along the arc of said curve, a distance of non-tangent curve, concave Westerly, having a central angle of 198.57 feet to the point of compound curvature of a curve, 08°01'14" and a radius of 3289.52 feet, said point being on the concave North having a radius of 665.00 feet and a chord East right-of-way line of Marigold Avenue as shown on the bearing and distance of South 70°53'44" West, 168.73 feet; plat of Poinciana Neighborhood 1 Village 3, as recorded in Plat thence Westerly along the arc of said curve, through a central Book 52, Pages 8 through 18 of the Public Records of Polk angle of 14°34'38", a distance of 169.19 feet to a point of County, Florida; thence Southerly along the arc of said curve reverse curvature of a curve concave Southeast having a radius and along said East right-of-way line a distance of 460.48 feet of 50.00 feet and a central angle of 92°01'56"; thence to the point on tangency of said curve (chord bearing and Southwesterly along the arc of said curve, a distance of 80.31 distance between said points being South 00°53'16" West feet to a point of compound curvature of a curve concave East 460.11 feet); thence South 04°53'53" West along the East having a radius of 1,340.56 feet and a central angle of right-of-way line of said Marigold Avenue, 11.91 feet to the 06°37'12"; thence Southerly along the arc of said curve, a point of curvature of a curve, concave Northeasterly, having a distance of 154.89 feet to a point of compound curvature of a central angle of 89°02'54" and a radius of 25.00 feet: thence curve concave North having a radius of 50.00 feet and a central Southeasterly along the arc of said curve and along said angle of 105°35'45"; thence Easterly along the arc of said right-of-way line, 38.85 feet to the point of tangency of said curve, a distance of 92.15 feet; thence North 54°00'10" East, curve, said point being on the North right-of-way line of 157.26 feet to a point on the arc of a curve concave South Fairway Road as shown on said plat; thence along said North having a radius of 157.50 feet, a central angle of 82°30'10", right-of-way line the following courses and distances: South and a chord bearing and distance of South 84°44'44" East, 84°09'01" East a distance of 136.28 feet to the point of 207.70 feet; thence Easterly along the arc of said curve a curvature of a curve, concave Southwesterly, having a central distance of 226.79 feet; thence South 43°29'39" East, 91.36 angle of 72°13'02" and a radius of 590.00 feet; thence feet to a point on the arc of a curve concave West having a Southeasterly along the arc of said curve and along said radius of 189.00 feet, a central angle of 86°47'49", and a chord right-of-way line a distance of 743.65 feet to the Point of bearing and distance of South 00°05'45" East, 259.71 feet; Beginning: thence North 79°10'56" East, 18.50 feet to a point thence Southerly along the arc of said curve a distance of on the arc of a non-tangent curve concave East having a radius 286.31 feet to a point of compound curvature of a curve of 324.00 feet and a chord bearing and distance of North concave Northwest having a radius of 530.90 feet and a central 07°57'40" East, 220.08 feet; thence Northerly along the arc of angle of 24°02'38"; thence Southwesterly along the arc of said said curve, through a central angle of 39°42'30", a distance of curve, a distance of 222.79 feet to a point of reverse curvature 224.55 feet; thence South 56°31'23" East, 9.97 feet to a point of a curve concave East having a radius of 50.00 feet and a on the arc of a non-tangent curve concave Southeast having a central angle of 104°14'28"; thence Southerly along the arc of radius of 375.00 feet and a chord bearing and distance of North said curve, a distance of 90.97 feet to a point of reverse 29°25'32" East, 16.71 feet; thence Northeasterly along the arc curvature of a curve concave Southwest having a radius of of said curve, through a central angle of 02°33'13", a distance 601.00 feet and a central angle of 10°53'40"; thence of 16.71 feet; thence South 59°17'51" East, 50.00 feet to a Southeasterly along the arc of said curve, a distance of 114.28 point on the arc of a non-tangent curve concave Southeast feet to a point of reverse curvature of a curve concave North having a radius of 325.00 feet and chord bearing and distance having a radius of 50.00 feet and a central angle of 86°11'07";

Section II - Proposed Rules 5741 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 thence Easterly along the arc of said curve, a distance of 75.21 Road; thence North 01°02'42" West along said Westerly feet; thence North 67°48'53" East, 101.50 feet to a point on the right-of-way line, 108.48 feet to a point on the arc of a curve arc of a curve concave South having a radius of 227.90 feet, a concave West having a radius of 1,790.51 feet, a central angle central angle of 26°25'29", and a chord bearing and distance of of 30°48'08", and a chord bearing and distance of North North 81°01'37" East, 104.18 feet; thence Easterly along the 16°26'46" West, 951.03 feet; thence Northerly along the arc of arc of said curve a distance of 105.11 feet to a point of said curve and said Westerly right-of-way line a distance of compound curvature of a curve concave Southwest having a 962.58 feet; thence North 31°50'49" West along said radius of 132.50 feet and a central angle of 56°47'36"; thence right-of-way line, 414.62 feet to a point on the arc of a curve Southeasterly along the arc of said curve, a distance of 131.34 concave East having a radius of 1,660.00 feet, a central angle feet; thence South 28°58'03" East, 74.32 feet to a point on the of 24°16'23", and a chord bearing and distance of North arc of a curve concave West having a radius of 144.00 feet, a 19°42'38" West, 698.00 feet; thence Northerly along the arc of central angle of 91°36'50", and a chord bearing and distance of said curve and said Westerly Right-of-Way Line a distance of South 16°50'22" West, 206.49 feet; thence Southerly along the 703.25 feet; thence North 07°34'27" West, 566.77 feet to a arc of said curve a distance of 230.25 feet; thence South point on the arc of a curve concave West having a radius of 62°38'47" West, 131.11 feet to a point on the arc of a curve 590.00 feet, a central angle of 04°21'33", and a chord bearing concave East having a radius of 50.00 feet, a central angle of and distance of North 09°45'13" West, 44.88 feet; thence 82°36'31", and a chord bearing and distance of South Northerly along the arc of said curve and said Westerly 21°20'32" West, 66.01 feet; thence Southerly along the arc of right-of-way line a distance of 44.89 feet to the POINT OF said curve a distance of 72.09 feet to a point of reverse BEGINNING. curvature of a curve concave West having a radius of 2234.64 Containing 35.03 acres, more or less. feet and a central angle of 01°59'34"; thence Southerly along LESS AND EXCEPT: the arc of said curve, a distance of 77.72 feet to the point of Lot 31, Solivita – Phase VIB, according to the plat thereof, as reverse curvature of a curve concave Northeast having a radius recorded in Plat Book 133, Pages 14 through 17 of the Public of 104.83 feet and a chord bearing and distance of South Records of Polk County, Florida, being further described as 32°42'55" East, 53.47 feet; thence Southeasterly along the arc follows: of said curve, through a central angle of 29°32'58", a distance Begin at the Northwest corner of said Lot 31; thence North of 54.06 feet to the point of tangency of said curve, said point 57°47’34” East along the Northwesterly line of said lot and the being on the arc of a non-tangent curve concave North having a Southeasterly Right-of-Way line of Amalfi Lane as shown on radius of 62.03 feet and a chord bearing and distance of South said plat, 80.00 feet; thence South 32°15’06” East along the 86°31'17" East, 78.95 feet; thence Easterly along the arc of Northeasterly line of said lot, 143.74 feet to a point on the arc said curve, through a central angle of 79°04'28", a distance of of a non-tangent curve concave Northwesterly having a radius 85.57 feet to the point of curvature of a curve concave South of 530.90 feet, a central angle of 08°40’30” and a chord of having a radius of 518.63 feet and a chord bearing and distance 80.30 feet that bears South 60°45’09” West; thence of North 68°44'26" East, 265.14 feet; thence Easterly along the Southwesterly along the arc of said curve and the arc of said curve, through a central angle of 29°37'12", a Northwesterly line of Tract P-E3, Solivita – Phase VIA, distance of 268.11 feet; thence North 88°26'21" East, 88.14 according to the plat thereof, as recorded in Plat Book 131, feet; thence North 70°54'23" East, 77.22 feet; thence South Pages 30 through 35 of the Public Records of Polk County, 45°04'59" East, 134.31 feet; thence South 38°55'40" East, Florida, 80.38 feet; thence North 32°10’20” West along the 175.50 feet to the point on the arc of a non-tangent curve Southwesterly line of said lot, 139.60 feet to the Point of concave North having a radius of 405.60 feet and a chord Beginning. Said lot contains 11,429 square feet, more or less. bearing and distance of South 71°12'44" West, 329.03 feet; ALL TOGETHER CONTAINING A TOTAL ACREAGE OF thence Westerly along the arc of said curve, through a central 3239.728 acres. angle of 47°51'29", a distance of 338.79 feet to a point of reverse curvature of a curve concave South having a radius of Specific Authority 190.005, 190.046 FS. Law Implemented 190.004, 180.00 feet and a central angle of 43°07'10"; thence Westerly 190.005, 190.046 FS. History–New 11-1-99, Amended______. along the arc of said curve, a distance of 135.46 feet to a point NAME OF PERSON ORIGINATING PROPOSED RULE: of reverse curvature of a curve concave North having a radius Lisa Saliba of 359.00 feet and a central angle of 40°55'26"; thence NAME OF SUPERVISOR OR PERSON WHO APPROVED Westerly along the arc of said curve, a distance of 256.42 feet; THE PROPOSED RULE: Lisa Saliba thence South 87°19'26" West, 12.72 feet; thence South DATE PROPOSED RULE APPROVED BY AGENCY 20°03'14" West, 65.99 feet; thence South 06°46'04" West, HEAD: November 20, 2007 65.11 feet; thence South 79°52'10" East, 15.34 feet; thence South 11°19'01" East, 119.72 feet; thence South 07°48'58" DATE NOTICE OF PROPOSED RULE DEVELOPMENT East, 52.62 feet; thence South 82°08'35" West, 273.79 feet to a PUBLISHED IN FAW: October 26, 2007 point on the aforesaid Westerly right-of-way line of Fairway

5742 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DEPARTMENT OF BUSINESS AND PROFESSIONAL DATE PROPOSED RULE APPROVED BY AGENCY REGULATION HEAD: October 12, 2007 Construction Industry Licensing Board DATE NOTICE OF PROPOSED RULE DEVELOPMENT RULE NO.: RULE TITLE: PUBLISHED IN FAW: September 21, 2007 61G4-15.032 Certification of Swimming Pool Specialty Contractors DEPARTMENT OF BUSINESS AND PROFESSIONAL PURPOSE AND EFFECT: The Board proposes the rule REGULATION amendment to extend the practical examination date. Board of Professional Engineers SUMMARY: The rule amendment will extend the practical RULE NOS.: RULE TITLES: examination date. 61G15-20.001 Definitions SUMMARY OF STATEMENT OF ESTIMATED 61G15-20.007 Demonstration of Substantial REGULATORY COSTS: No Statement of Estimated Equivalency Regulatory Cost was prepared. PURPOSE AND EFFECT: For both Rules 61G15-20.001 and Any person who wishes to provide information regarding a 61G15-20.007, F.A.C., it is to delete unnecessary language and statement of estimated regulatory costs, or provide a proposal update existing language. for a lower cost regulatory alternative must do so in writing SUMMARY: In both Rules 61G15-20.001 and 61G15-20.007, within 21 days of this notice. F.A.C., unnecessary language is deleted and existing language SPECIFIC AUTHORITY: 455.217, 489.113(6), 489.108, is updated. 489.115(4) FS. SUMMARY OF STATEMENT OF ESTIMATED LAW IMPLEMENTED: 455.217, 489.113(6), 489.108, REGULATORY COSTS: No Statement of Estimated 489.115(4) FS. Regulatory Cost was prepared. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Any person who wishes to provide information regarding a THIS NOTICE, A HEARING WILL BE SCHEDULED AND statement of estimated regulatory costs, or provide a proposal ANNOUNCED IN THE FAW. for a lower cost regulatory alternative must do so in writing THE PERSON TO BE CONTACTED REGARDING THE within 21 days of this notice. PROPOSED RULE IS: G. W. Harrell, Executive Director, SPECIFIC AUTHORITY: 471.008, 471.013(1)(a) FS. Construction Industry Licensing Board, 1940 North Monroe LAW IMPLEMENTED: 471.013, 471.015 FS. Street, Tallahassee, Florida 32399-0750 IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND THE FULL TEXT OF THE PROPOSED RULE IS: ANNOUNCED IN THE FAW. 61G4-15.032 Certification of Swimming Pool Specialty THE PERSON TO BE CONTACTED REGARDING THE Contractors. PROPOSED RULE IS: Carrie Flynn, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite (1) through (2) No change. 200, Tallahassee, Florida 32301 (3) Certification Procedures. (a)1. through 2.d.I. No change. THE FULL TEXT OF THE PROPOSED RULE IS: II. Until January 1, 2009 2008, an applicant who completes three (3) hours of board-approved continuing 61G15-20.001 Definitions. education, consisting of one hour of workplace safety, one hour As used hereinafter in this chapter the following words or of business practices, and one hour of workers’ compensation, phrases shall be defined as follows: may qualify, if the applicant successfully passes a practical (1) No change. examination for certification in the category of swimming pool (2) “Board approved engineering programs” shall mean: specialty contractor applied for in lieu of a written examination (a) No change. for licensure. (b) In the case of an applicant who did not graduate from (b) No change. an approved program as set forth in paragraph (2)(a) above, Specific Authority 455.217, 489.113(6), 489.108, 489.115(4) FS. and who either: Law Implemented 455.217, 489.113(6), 489.108, 489.115(4) FS. 1. Holds a post-baccalaureate degree from a school or History–New 1-4-06, Amended______. college in the United States which has an EAC/ABET accredited engineering program in a related discipline at the NAME OF PERSON ORIGINATING PROPOSED RULE: baccalaureate level, or Construction Industry Licensing Board 2. Holds a baccalaureate degree from an engineering NAME OF SUPERVISOR OR PERSON WHO APPROVED program that is not accredited by EAC/ABET, provided the THE PROPOSED RULE: Construction Industry Licensing applicant meets the educational requirements set forth in can Board

Section II - Proposed Rules 5743 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 demonstrate substantial equivalency to an EAC/ABET IF REQUESTED WITHIN 21 DAYS OF THE DATE OF accredited program pursuant to subsection 61G15-20.007(1) THIS NOTICE, A HEARING WILL BE SCHEDULED AND (2), F.A.C., or ANNOUNCED IN THE FAW. (c) No change. THE PERSON TO BE CONTACTED REGARDING THE Specific Authority 471.013(1)(a) FS. Law Implemented 471.013(1)(a) PROPOSED RULE IS: Carrie Flynn, Executive Director, FS. History–New 1-8-80, Amended 4-15-80, 7-7-83, 9-13-83, Board of Professional Engineers, 2507 Callaway Road, Suite Formerly 21H-20.01, Amended 4-20-86, 8-3-86, 5-20-92, 2-2-93, 200, Tallahassee, Florida 32301 Formerly 21H-20.001, Amended 11-19-03, 3-13-05, 4-9-07, . THE FULL TEXT OF THE PROPOSED RULE IS: 61G15-20.007 Demonstration of Substantial Equivalency. (1) Applicants having engineering degrees from programs 61G15-23.002 Seal, Signature and Date Shall Be Affixed. that are not accredited by EAC/ABET shall be required to (1) No change. document substantial equivalency to an EAC/ABET accredited (2) Each sheet of plans and prints which must be sealed engineering program. under the provisions of Chapter 471, F.S., shall be sealed, (2) In order to document and prove substantial signed and dated by the professional engineer in responsible equivalency to an EAC/ABET accredited engineering charge. Engineers shall legibly indicate their name, address, program, the applicant must demonstrate: and license number on each sheet. If practicing through a duly authorized engineering business, engineers shall legibly (a) through (b) No change. indicate their name and license number, as well as, the name, (3) through (5) renumbered (2) through (4) No change. address, and certificate of authorization number of the Specific Authority 471.008 FS. Law Implemented 471.013, 471.015 engineering business on each sheet. A title block shall be used FS. History–New 7-20-95, Amended 6-5-96, 4-16-98, 1-17-99, on each sheet containing the printed name, address, and license 7-28-99, 1-6-02, 6-13-02, 6-30-02, 10-2-03, 6-16-04, 3-13-05, 5-1-05, number of the engineer or if applicable, the name and license 6-11-06, 1-29-07, 4-9-07, . number of the engineer, and if practicing through a duly authorized engineering business, the name, address and NAME OF PERSON ORIGINATING PROPOSED RULE: certificate of authorization number of the engineering business. Board of Professional Engineers will satisfy this requirement. Engineers working for local, State NAME OF SUPERVISOR OR PERSON WHO APPROVED or Federal Government agencies shall legibly indicate their THE PROPOSED RULE: Board of Professional Engineers name and license number, and may indicate the name and DATE PROPOSED RULE APPROVED BY AGENCY address of the agency. A cover or index sheet for engineering HEAD: October 17, 2007 specifications may be used and that sheet must be signed, DATE NOTICE OF PROPOSED RULE DEVELOPMENT sealed and dated by those professional engineers in responsible PUBLISHED IN FAW: November 21, 2007 charge of the production and preparation of each section of the engineering specification, and if practicing through a duly DEPARTMENT OF BUSINESS AND PROFESSIONAL authorized engineering business, the name, address and REGULATION certificate of authorization number of the engineering business, Board of Professional Engineers with sufficient information on the cover sheet or index so that RULE NO.: RULE TITLE: the user will be aware of each portion of the specifications for 61G15-23.002 Seal, Signature and Date Shall Be which each professional engineer is responsible. Engineering Affixed reports must be signed, sealed and dated on a signature page or PURPOSE AND EFFECT: Purpose and effect is to delete cover letter by each professional engineer who is in responsible unnecessary language and update existing language. charge of any portion of the report, and if practicing through a SUMMARY: Unnecessary language is deleted and existing duly authorized engineering business, the name, address and language is updated. certificate of authorization number of the engineering business. SUMMARY OF STATEMENT OF ESTIMATED A professional engineer may only seal an engineering report, REGULATORY COSTS: No Statement of Estimated plan, print or specification if that professional engineer was in Regulatory Cost was prepared. responsible charge of the preparation and production of the Any person who wishes to provide information regarding a engineering document and the professional engineer has the statement of estimated regulatory costs, or provide a proposal expertise in the engineering discipline used in producing the for a lower cost regulatory alternative must do so in writing engineering document in question. within 21 days of this notice. (3) through (5) No change. SPECIFIC AUTHORITY: 471.025 FS. LAW IMPLEMENTED: 471.025 FS.

5744 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Specific Authority 471.025 FS. Law Implemented 471.025 FS. SPECIFIC AUTHORITY: 471.008, 471.033(2) FS. History–New 1-8-80, Amended 1-20-85, Formerly 21H-23.02, LAW IMPLEMENTED: 471.005(7), 471.033 FS. Amended 5-14-86, Formerly 21H-23.002, Amended 11-15-94, 8-18-98, 2-3-00, 2-22-01, 2-5-04, . IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND NAME OF PERSON ORIGINATING PROPOSED RULE: ANNOUNCED IN THE FAW. Board of Professional Engineers THE PERSON TO BE CONTACTED REGARDING THE NAME OF SUPERVISOR OR PERSON WHO APPROVED PROPOSED RULES IS: Carrie Flynn, Executive Director, THE PROPOSED RULE: Board of Professional Engineers Board of Professional Engineers, 2507 Callaway Road, Suite DATE PROPOSED RULE APPROVED BY AGENCY 200, Tallahassee, Florida 32301 HEAD: October 17, 2007 THE FULL TEXT OF THE PROPOSED RULES IS: DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 21, 2007 61G15-32.001 General Responsibility. Fire protection engineering documents shall be prepared DEPARTMENT OF BUSINESS AND PROFESSIONAL utilizing in accordance with applicable technologies REGULATION technology and shall comply with the requirements of the Board of Professional Engineers authority having jurisdiction. The documents shall identify the RULE NOS.: RULE TITLES: Engineer of Record for the project. Both the Eengineer of 61G15-32.001 General Responsibility Rrecord for the fire protection system and the delegated 61G15-32.002 Definitions engineer, if utilized, shall comply with the requirements of the 61G15-32.003 Common Requirements to All Fire general responsibility rules, Chapter 61G15-30, F.A.C., and Protection Engineering Documents with the requirements of the more specific rules contained 61G15-32.008 Design of Fire Alarms, Signaling herein. The Engineer of Record for the Fire Protection Systems and Control System System(s) shall provide design requirements in writing to the PURPOSE AND EFFECT: The purpose and effect for Rule delegated engineer if one is used and shall review the design 61G15-32.001, F.A.C., is to clarify existing language and to documents of the delegated engineer for conformance to his add tasks for which an Engineer of Record is responsible; for written instructions in accordance with Rule 61G15-30.005, Rule 61G15-32.002, F.A.C., it is to add a new requirement F.A.C. Any Fire Protection Delegated Engineering Documents with regard to Fire Protection Delegated Engineering must be included in the final set of documents filed for permit. Documents; for Rule 61G15-32.003, F.A.C., it is to add new Specific Authority 471.008, 471.033(2) FS. Law Implemented requirements for Fire Protection Electrical Engineering 471.033 FS. History–New 5-19-93, Formerly 21H-32.001, Documents; for Rule 61G15-32.008, F.A.C., it is to replace old Amended______. definitions of fire alarms, signaling, and control systems with new definitions and to establish new requirements for such fire 61G15-32.002 Definitions. alarms, signaling, and control systems. (1) through (9) No change. SUMMARY: In Rule 61G15-32.001, F.A.C., existing language (10) Fire Protection Delegated Engineering Documents. is clarified and tasks for which an Engineer of Record is Fire Protection System Engineering Documents prepared by a responsible are added; in Rule 61G15-32.002, F.A.C., a new delegated engineer to whom the Engineer of Record for the requirement with regard to Fire Protection Delegated Fire Protection System has delegated responsibility for the Engineering Documents is added; in Rule 61G15-32.003, design of a fire protection component or system and which are F.A.C., new requirements for Fire Protection Electrical signed sealed and dated by the delegated engineer. Engineering Documents are added; in Rule 61G15-32.008, Specific Authority 471.008, 471.033(2) FS. Law Implemented F.A.C., old definitions of fire alarms, signaling, and control 471.005(7), 471.033(2) FS. History–New 5-19-93, Formerly systems are replaced with new definitions and new 21H-32.002, Amended 4-2-00, 6-26-01,______. requirements for such fire alarms, signaling, and control systems are established. 61G15-32.003 Common Requirements to All Fire SUMMARY OF STATEMENT OF ESTIMATED Protection Engineering Documents. REGULATORY COSTS: No Statement of Estimated (1) through (8) No change. Regulatory Cost was prepared. (9) Fire Protection Electrical Engineering Documents shall Any person who wishes to provide information regarding a additionally meet the requirements of 61G15-30.003, statement of estimated regulatory costs, or provide a proposal Engineering Documents. for a lower cost regulatory alternative must do so in writing Specific Authority 471.008, 471.033(2) FS. Law Implemented within 21 days of this notice. 471.005(7), 471.033(2) FS. History–New 5-19-93, Formerly 21H-32.003, Amended 4-2-00, 6-26-01,______.

Section II - Proposed Rules 5745 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(Substantial rewriting of Rule 61G15-32.008 follows. See (j) In buildings were smoke detection will be obstructed by Florida Administrative Code for present text.) walls, beams or ceiling features, the Engineer of Record shall 61G15-32.008 Design of Fire Alarms, Signaling Systems provide applicable design and details to direct the installer to and Control System. mitigate the obstructions. In buildings with smoke detection under a pitched roof, the plans shall indicate the roof pitch and (1) Fire alarms, signaling and control system include but a building section shall be provided as part of the Engineering are not limited to fire protection supervision, emergency alarm Design Documents. circuits, activation of life safety system controls and remote signaling of emergency conditions. (k) Fire detection systems utilizing smoke detection in (2) The design specifications shall be based on applicable situations where smoke stratification is anticipated, the design codes, when applicable, or alternate engineering sources shall provide the necessary criteria to mitigate the problem. including published underwriter’s engineering documents, and (l) Systems designed using Performance Based criteria sound engineering practices. shall be identified and referenced to design guides or standards (3) For fire alarm plans on small systems below the acceptable to the Florida State Fire Marshal or the Florida threshold requirements for mandatory use of professional Building Code. engineering services, the Engineer of Record shall specify the (m) The system design must indicate if the system is to minimum system requirements. provide a general evacuation signal or a zoned evacuation for (4) To ensure minimum design quality of Fire Alarm all high-rise buildings or multi-tenanted properties. Signaling and Control Systems Engineering Documents, said (n) Wiring requirements for underground, wet locations, documents shall include as a minimum the following campus style wiring, protection against damage and burial information when applicable: depth shall be specified or indicated on the engineering design (a) The plans shall be clear, with a symbols legend, system documents. riser diagram showing all initiation and notification (o) Complete requirements for operations and components, and cabling requirements. Indicate locations maintenance procedures, manuals, system documentation, and where fire ratings are required as determined by the system's instruction of Owner's operating personnel, as needed to survivability requirements. Identify the general occupancy of operate the systems as intended over time. the protected property, and for each rooms and area unless it is (5) In the event that the Engineer of Record elects to clear from features shown. specify specific equipment and to show the required wiring, (b) Locate initiation and notification devices and battery and voltage drop (circuit analysis) calculations shall be connections to related systems on the floor plans and sections completed. The calculations shall be completed using the when needed for clarity). Related systems include, but are not equipment manufacture’s data and applicable NFPA 72 limited to sprinkler systems, elevator controls, smoke control procedures. systems, dampers, and doors. (6) System test requirements shall be noted on the (c) Strobe intensity and speaker output ratings for all Engineering Design Documents. notification devices. (7) When the engineer determines that special (d) Identify the Class and Style of circuits as listed in the requirements are required by the owner, insurance underwriter NFPA 72. or local fire code amendments these requirements shall be (e) Identify the functions required by the alarm and control documented or referenced on the Engineering Design systems including the transmission of emergency signals being Documents. monitored or annunciated. Specific Authority 471.008, 471.033(2) FS. Law Implemented (f) Indicate whether the fire alarm is conventional or 471.033 FS. History–New 5-19-93, Formerly 21H-32.008, Amended______. addressable, and indicate all zoning. (g) Locate surge protective devices and required protective NAME OF PERSON ORIGINATING PROPOSED RULE: features. Board of Professional Engineers (h) Locate system devices that are subject to NAME OF SUPERVISOR OR PERSON WHO APPROVED environmental factors, and indicate requirements for the THE PROPOSED RULE: Board of Professional Engineers protection of equipment from temperature, humidity or DATE PROPOSED RULE APPROVED BY AGENCY corrosive atmospheres, including coastal salt air. HEAD: October 17, 2007 (i) The plans shall include a site plan of the immediate DATE NOTICE OF PROPOSED RULE DEVELOPMENT area around the protected building, structure or equipment PUBLISHED IN FAW: November 21, 2007 when alarm devices are required outside the structure.

5746 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DEPARTMENT OF BUSINESS AND PROFESSIONAL prepared in accordance with the requirements of the applicable REGULATION codes and standards as defined herein. The Engineer of Record Board of Professional Engineers is responsible for determining the applicability of appropriate RULE NOS.: RULE TITLES: codes and standards for a given project. In the event the codes 61G15-34.001 General Responsibility and standards fail to cover or address a specific requirement or 61G15-34.002 Definitions situation, alternative research, test results, engineering data, 61G15-34.003 Design of Heating Ventilation and and engineering calculations shall be utilized. New technology Air Conditioning Systems may be utilized when said technology has been demonstrated 61G15-34.007 Design of Plumbing Systems to provide equivalent or improved performance. Construction PURPOSE AND EFFECT: The purpose and effect for Rule documents shall indicate the nature and character of 61G15-34.001, F.A.C., is to clarify existing language and to mechanical work and shall describe, label and define the add tasks for which an Engineer of Record is responsible; for required mechanical systems components, processes, Rule 61G15-34.002, F.A.C., it is to clarify and amend existing equipment and material and its structural utility support definitions and add a new definition for Mechanical Delegated systems. Both the Engineer of Record for the Mechanical Engineering Documents; for Rule 61G15-34.003, F.A.C., it is System and the Delegated Engineer if utilized, shall comply to delete unnecessary language and add new requirements with with the requirements of the general responsibility Rules, respect to Mechanical Engineering Documents; for Rule 61G15-30, F.A.C., and with the requirements of the specific 61G15-34.007, F.A.C., it is to clarify existing language. rules contained herein. The Engineer of Record for the SUMMARY: In Rule 61G15-34.001, F.A.C., existing language Mechanical System(s) shall provide design requirements in is clarified and tasks for which an Engineer of Record is writing to the delegated engineer if one is used and shall responsible are added; in Rule 61G15-34.002, F.A.C., existing review the design documents of the delegated engineer for definitions are clarified and amended and a new definition is conformance to his written instructions in accordance with added for Mechanical Delegated Engineering Documents; in Rule 61G15-30.005, F.A.C. Any Mechanical Delegated Rule 61G15-34.003, F.A.C., unnecessary language is deleted Engineering Documents must be included in the final set of and new requirements with respect to Mechanical Engineering documents filed for permit. Documents are added; in Rule 61G15-34.007, F.A.C., existing Specific Authority 471.008, 471.033(2) FS. Law Implemented language is clarified. 471.033 FS. History–New 11-16-94, Amended . SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated 61G15-34.002 Definitions. Regulatory Cost was prepared. (1) Engineer of Record for the Mechanical Systems. The Any person who wishes to provide information regarding a Florida Registered Professional Engineer who is in responsible statement of estimated regulatory costs, or provide a proposal charge for the preparation, signing, dating, sealing and issuing for a lower cost regulatory alternative must do so in writing of any engineering document(s) for develops the mechanical within 21 days of this notice. systems design criteria or performs the analysis and is responsible for the preparation of the mechanical documents SPECIFIC AUTHORITY: 471.008, 471.033(2) FS. for the project. LAW IMPLEMENTED: 471.033 FS. (2) through (4) No change. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND (5) Mechanical Engineering Documents. All The ANNOUNCED IN THE FAW. mechanical drawings, specifications, reports, calculations, data and other documents utilized to establish setting forth the THE PERSON TO BE CONTACTED REGARDING THE overall design and requirements for the construction, PROPOSED RULE IS: Carrie Flynn, Executive Director, alteration, modernization, repair, demolition, arrangement, Board of Professional Engineers, 2507 Callaway Road, Suite and/or use of the mechanical system(s), or analysis or 200, Tallahassee, Florida 32301 recommendations, as prepared by the Engineer of Record for THE FULL TEXT OF THE PROPOSED RULE IS: the mechanical system. Mechanical Engineering Documents shall additionally meet the requirements of Rule 61G15-34.001 General Responsibility. 61G15-30.003, F.A.C., Engineering Documents. Mechanical Engineering Documents shall be prepared utilizing (6) Mechanical Shop Drawings Submittals. Submittals, in accordance with the applicable technologiesy and shall catalog information on standard products, or drawings comply with the requirements of the authority having prepared solely to serve as a guide for fabrication and jurisdiction. The documents shall identify the Engineer of installation and requiring no engineering input. These Record for the mechanical systems project. Mechanical submittals do not require the seal of a Florida Registered Engineering documents shall demonstrate compliance be pProfessional eEngineer.

Section II - Proposed Rules 5747 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(7) Codes and Standards. Those nationally recognized (a) Equipment selection schedule for each piece of Codes and Standards adopted directly or by reference in Part II, mechanical equipment. All equipment shall have capacities Chapter 553, Florida Statutes. Florida Building Code listed including efficiencies, electrical or fuel requirements, (including Florida Energy Efficiency Code, Chapter 13) and static pressure and fan air quantities as applicable to the Florida Fire Code. Applicable codes and standards are those system, fluid flow and pressure head quantities as applicable to promulgated by the State Fire Marshal and those required by the system, and heat transfer capacities. the state and local authorities having jurisdiction. These codes (b) Floor plans; site plans; and building and mechanical and standards include those published by the National Fire system elevations as appropriate. Protection Association (NFPA), The American Society of (c) Outside (fresh) air make-up conditions. Heating, Refrigerating, and Air Conditioning Engineers (d) Cooling coil requirements based on sensible heat, (ASHRAE), The American Society for Testing Materials latent heat and total heat gains. (ASTM), American Society for Mechanical Engineers (e) Heating equipment requirements. (ASME), National Electrical Manufacturers Association (f) Outside and inside design dry and wet bulb conditions. (NEMA), American National Standards Institute (ANSI), (g) Exhaust riser diagrams. Underwriters’ Laboratories (UL), American Society of (h) Outside air riser diagrams. Plumbing Engineers (ASPE), Sheet Metal and Air Conditioning Contractor's Association (SMACNA), American (i) Process flow diagrams with pipe sizes and fluid flow Movement and Control Association (AMCA), Air quantities. Conditioning and Refrigeration Institute (ARI), SBCCA (j) Condensate discharge piping with pipe sizes. Mechanical and Plumbing Codes, Florida Energy Code, State (k) Instrumentation and Control System diagrams and Building Codes. sequence of operation. (8) Mechanical Delegated Engineering Documents. (l) Ductwork layout and sizing; insulation, supply, return, Mechanical Engineering Documents prepared by a delegated and exhaust inlet and outlet sizes; and outside air intake sizes. engineer to whom the Engineer of Record for the Mechanical Air quantities shall be specified for inlets and outlets. System has delegated responsibility for the design of a (m) Florida Energy Code calculations as applicable. mechanical component or system and which are signed sealed (n) NFPA Standards and all required fire protection and dated by the delegated engineer. devices and systems. Specific Authority 471.008, 471.033(2) FS. Law Implemented (3) The Engineer of Record shall determine the level of 471.033 471.030 FS. History–New 11-16-94, Amended 2-5-96, detail shown on plans for a HVAC system for mechanical ______. engineering plans pertaining to HVAC systems exempted by the threshold requirements for mandatory use of professional 61G15-34.003 Design of Heating Ventilation and Air engineering services. All such plans shall provide a clear Conditioning Systems. understanding of the minimum system requirements expected (1) Heating, Ventilating, and Air Conditioning (HVAC) to be installed by the contractor. Systems include, but are not limited to are those systems that (4) For Mechanical Engineering Documents pertaining to control the temperature and/or humidity, and/or mechanical HVAC systems that exceed the threshold requirements for ventilation of a particular space or building. Items to be mandatory use of professional engineering services, the plans considered in the design and analysis of these systems are shall have the following minimum indicate the following: ambient dry and wet bulb temperatures, inside dry and wet (a) Demonstrate and provide adequate information for the bulb temperatures, inside design humidity, fresh air makeup, AHJ to determine compliance with codes and ordinances. internal heat gains from any sources. Ventilation systems shall These may include test methods and results; data and be designed to remove foul odors from a space or building, or tabulations for Energy Conservation that are results of the to remove space heat from equipment rooms. design. (2) All HVAC systems shall be designed in accordance (b) Equipment selection schedule for each piece of with the Florida Codes, and reference standards ASHRAE mechanical equipment. All equipment shall have capacities Standards and Building Code as adopted by the authority listed including efficiencies, electrical or fuel requirements, having jurisdiction. The HVAC systems shall be designed and static pressure and fan air quantities as applicable to the operated such that the entire building is under positive or system, fluid flow and pressure head quantities as applicable to neutral pressure when all primary HVAC systems are the system, and heat transfer capacities. operating. (c) Floor plans; site plans; and building and mechanical (2) Mechanical Engineering documents applicable to system elevations as appropriate. HVAC systems shall, where applicable, include but are not (d) Outside (fresh) air make-up conditions. limited to the following:

5748 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(e) Cooling coil requirements based on sensible heat, DEPARTMENT OF BUSINESS AND PROFESSIONAL latent heat and total heat gains. REGULATION (f) Heating equipment requirements. Board of Accountancy (g) Outside and inside design dry and wet bulb conditions. RULE NOS.: RULE TITLES: (h) Exhaust riser diagrams on buildings more than three 61H1-22.0081 Standards for Florida Single Audit stories when ductwork travels vertically. Act Audits for Nonprofit and (i) Outside air riser diagrams on buildings more than three For-Profit Organizations stories when ductwork travels vertically. 61H1-22.0082 Standards for Audits of Certain (j) Process flow diagrams with pipe sizes and fluid flow Nonprofit Organizations quantities. 61H1-22.0083 Standards for Audits of District (k) Condensate discharge piping layout with pipe sizes. School Boards 61H1-22.0084 Standards for Audits of Charter (l) Instrumentation and Control System diagrams and Schools and Similar Entities sequence of operation. PURPOSE AND EFFECT: The Board proposes the rule (m) Ductwork layout and sizing; insulation requirements, promulgations in order to specify the standards for various supply, return, and exhaust inlet and outlet sizes; and outside types of audits. air intake sizes. Air quantities shall be specified for inlets and SUMMARY: The standards for various types of audits will be outlets. specified. (n) All data needed to complete the Florida Energy Code SUMMARY OF STATEMENT OF ESTIMATED calculations as applicable. REGULATORY COSTS: No Statement of Estimated (o) A list of referenced NFPA Standards and layouts of all Regulatory Cost was prepared. required fire protection devices and systems. Any person who wishes to provide information regarding a (p) Building pressurization criteria. statement of estimated regulatory costs, or provide a proposal Specific Authority 471.008, 471.033(2) FS. Law Implemented for a lower cost regulatory alternative must do so in writing 471.033 FS. History–New 11-16-94, Amended . within 21 days of this notice. SPECIFIC AUTHORITY: 473.304, 473.315 FS., Chapter 61G15-34.007 Design of Plumbing Systems. 79-202, Laws of Florida. (1) No change. LAW IMPLEMENTED: 473.315 FS., Chapter 79-202, Laws (2) Mechanical Engineering Documents applicable to of Florida. Plumbing Systems shall when applicable, include but are not IF REQUESTED WITHIN 21 DAYS OF THE DATE OF limited to the following: THIS NOTICE, A HEARING WILL BE SCHEDULED AND (a) through (b) No change. ANNOUNCED IN THE FAW. (c) Potable Water iIsometric diagrams with pipe sizes and THE PERSON TO BE CONTACTED REGARDING THE total water fixture units. PROPOSED RULES IS: Veloria Kelly, Division Director, (d) through (m) No change. Board of Accountancy, 240 N. W. 76th Dr., Suite A, Specific Authority 471.008, 471.033(2) FS. Law Implemented Gainesville, Florida 32607 471.033 FS. History–New 11-16-94, Amended . THE FULL TEXT OF THE PROPOSED RULES IS: NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers 61H1-22.0081 Standards for Florida Single Audit Act NAME OF SUPERVISOR OR PERSON WHO APPROVED Audits for Nonprofit and For-Profit Organizations. THE PROPOSED RULE: Board of Professional Engineers Licensees performing accounting services in connection with DATE PROPOSED RULE APPROVED BY AGENCY Standards for Florida Single Audit Act Audits for Nonprofit HEAD: October 17, 2007 and For-Profit Organizations required by Section 215.97, DATE NOTICE OF PROPOSED RULE DEVELOPMENT Florida Statutes to be filed with the Auditor General of the PUBLISHED IN FAW: November 21, 2007 State of Florida shall comply with the standards set forth in Chapter 10.650, Rules of the Auditor General of the State of Florida. Departures from such standards must be justified by those who do not follow them. Specific Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New______.

Section II - Proposed Rules 5749 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

61H1-22.0082 Standards for Audits of Certain Nonprofit DEPARTMENT OF ENVIRONMENTAL PROTECTION Organizations. RULE NOS.: RULE TITLES: Licensees performing accounting services in connection with 62-814.100 Intent, Findings, Basis of Standards, Standards for Audits of Certain Nonprofit Organizations and Research Needs required by Sections 215.981(1), 1001.453(4), 1004.28(5), or 62-814.300 General Technical Requirements 1004.70(6), Florida Statutes to be filed with the Auditor 62-814.450 Electric and Magnetic Field General of the State of Florida shall comply with the standards Standards set forth in Chapter 10.700, Rules of the Auditor General of the PURPOSE AND EFFECT: Implementation of subsections. State of Florida. Departures from such standards must be 403.061(30) and 403.523(10), F.S. justified by those who do not follow them. SUMMARY: The Department of Environmental Protection is Specific Authority 473.304, 473.315 FS. Law Implemented 473.315 authorized to regulate electric and magnetic fields (EMF) from FS. History–New______. transmission lines as indicated in Florida Statute 403.061(30). The rule implementing the statute is outdated and requires 61H1-22.0083 Standards for Audits of District School updates in the following three areas, addressed in this proposed Boards. rule: (1) The elimination of a rule exemption for a specific Licensees performing accounting services in connection with transmission line which was never actually constructed; (2) Standards for Audits of District School Boards required by The inclusion of standards for transmission lines with voltages Sections 11.45 or 218.39, Florida Statutes to be filed with the above 500,000 volts; and (3) The elimination of an annual Auditor General of the State of Florida shall comply with the review and report on the state of science with respect to standards set forth in Chapter 10.800, Rules of the Auditor electromagnetic fields. General of the State of Florida. Departures from such standards SUMMARY OF STATEMENT OF ESTIMATED must be justified by those who do not follow them. REGULATORY COSTS: No Statement of Estimated Specific Authority 473.304, 473.315 FS. Law Implemented 473.315 Regulatory Cost was prepared. FS. History–New______. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal 61H1-22.0084 Standards for Audits of Charter Schools for a lower cost regulatory alternative must do so in writing and Similar Entities. within 21 days of this notice. Licensees performing accounting services in connection with SPECIFIC AUTHORITY: 403.061(7), 403.523(1) FS. Standards for Audits of Charter Schools and Similar Entities LAW IMPLEMENTED: 403.061(30), 403.523(14) FS. required by Sections 218.39 or 1002.37, Florida Statutes to be IF REQUESTED WITHIN 21 DAYS OF THE DATE OF filed with the Auditor General of the State of Florida shall THIS NOTICE, A HEARING WILL BE SCHEDULED AND comply with the standards set forth in Chapter 10.850, Rules of ANNOUNCED IN THE FAW. the Auditor General of the State of Florida. Departures from THE PERSON TO BE CONTACTED REGARDING THE such standards must be justified by those who do not follow PROPOSED RULES IS: Mr. Mike Halpin, P.E. at them. (850)245-8002 or [email protected] Specific Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New______. THE FULL TEXT OF THE PROPOSED RULES IS:

NAME OF PERSON ORIGINATING PROPOSED RULE: 62-814.100 Intent, Findings, Basis of Standards, and Board of Accountancy Research Needs. NAME OF SUPERVISOR OR PERSON WHO APPROVED (1) No change. THE PROPOSED RULE: Board of Accountancy (2) Findings. Based on the information available to the DATE PROPOSED RULE APPROVED BY AGENCY Department, the Department makes the following general HEAD: October 19, 2007 findings: DATE NOTICE OF PROPOSED RULE DEVELOPMENT (a) The Department has reviewed the present scientific PUBLISHED IN FAW: November 16, 2007 data on the potential for health effects of electric and magnetic fields. The Department has also reviewed data on the existing DEPARTMENT OF ENVIRONMENTAL PROTECTION or potential electric and magnetic field levels near electrical Notices for the Department of Environmental Protection transmission and distribution lines and substations in Florida. between December 28, 2001 and June 30, 2006, go to Although there is no conclusive evidence that there is any http://www.dep.state.fl.us/ under the link or button titled danger or hazard to public health at the levels of existing 60 “Official Notices.” hertz electric and magnetic fields found in Florida, there is evidence of biological effects and a potential for adverse health

5750 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 effects on the public. Further research is needed to determine if (3) Copies of the publications listed in subsection (2) are there are health effects and the exposure levels at which such available for inspection at the Department's Information effects may occur. Center, 2600 Blair Stone Road, Tallahassee, Florida, (b) With respect to 60 hertz EMF, reasonable measures 32399-2400. include urging more applied research on the potential adverse Specific Authority 403.061(7), 403.523(1) FS. Law Implemented human health effects of EMF and EMF mitigation techniques; 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended performing a comprehensive review of the state of the science 1-7-93, Formerly 17-274.300, Formerly 17-814.300, Amended and submitting annual reports to the Environmental Regulation ______. Commission commencing in 1993; reviewing the provisions of 62-814.450 Electric and Magnetic Field Standards. this rule not later than July of 1994; and requiring all new and modified transmission lines and substations to meet standards (1) No change. which are achievable through the use of available EMF (2) Transmission lines certified pursuant to Chapter 403, reduction technology and measures, but in no case to allow any Part Two, Florida Statutes, after April 15, 1988, and prior to new or modified transmission line or substation, under normal March 21, 1989. conditions, to cause electric or magnetic field strengths greater (a) For the Lake Tarpon - Kathleen transmission line than the highest operating voltage and the maximum current where the ROW width is 100 feet: rating (MCR) values for existing transmission lines and 1. The maximum electric field at the edge of the ROW substations. shall not exceed 1.56 kV/m and on the ROW shall not exceed (3) No change. 8.94 kV/m. (4) Additional Research Needed. Continued research is 2. The peak daily magnetic field at the edge of the ROW needed on the potential adverse human health and welfare shall be limited to 35 milliGauss under normal load conditions. effects of 60 hertz EMF and EMF mitigation techniques Under load conditions in excess of 500 MW, the peak daily because existing knowledge is inadequate to confidently magnetic field shall be limited to 229 milliGauss. Load conclude that no further action is needed. conditions in excess of 500 MW shall occur for no more than (4)(5) Categories of Electrical Facilities. This chapter sets 15 hours in any given year, except for non-permanent load forth three categories of electrical facilities for regulation in conditions caused by malfunction or maintenance outages in regards to the electric and magnetic fields associated with these the transmission grid or generation facilities within or outside facilities. of Florida. Florida Power Corporation shall report annually to (a) The first category is for existing electrical facilities on the Department the amount of time during which the 500 MW which construction was commenced prior to March 21, 1989, normal load condition was exceeded. and new distribution lines. These facilities will be allowed to (b) For the Lake Tarpon –Kathleen transmission line operate in accordance with subsection 62-814.400(2), F.A.C. where the ROW width is 190 feet: (b) The second category of electrical facilities is for those 1. The maximum electric field at the edge of the ROW which were certified pursuant to Chapter 403, Part Two, shall not exceed 1.90 kV/m and on the ROW shall not exceed Florida Statutes, after April 15, 1988, but before March 21, 8.80 kV/m. 1989. These facilities will be subject to specific standards 2. The peak daily magnetic field at the edge of the ROW moderated by the individual circumstances of the facility. shall be limited to 24 milliGauss under normal load conditions. (c) The third category is for new transmission lines and Under load conditions in excess of 500 MW, the peak daily substations the construction of which commenced after March magnetic field shall be limited to 154 milliGauss. Load 21, 1989. conditions in excess of 500 MW shall occur for no more than (5)(6) Effect of Rule. The effect of this chapter is to 15 hours in any given year, except for non-permanent load establish requirements to reasonably protect the public health conditions caused by malfunction or maintenance outages in and welfare from electric and magnetic fields associated with the transmission grid or generation facilities within or outside electrical transmission lines, distribution lines and substations. of Florida. Florida Power Corporation shall report annually to the Department the amount of time during which the 500 MW Specific Authority 403.061(7), 403.523(1) FS. Law Implemented normal load condition was exceeded. 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93; Formerly 17-274.100, Formerly 17-814.100, (2)(3) New transmission lines and substations. Amended______. (a) The maximum electric field at the edge of the transmission line ROW containing a 500 kV nominal voltage 62-814.300 General Technical Requirements. or less transmission line or at the property boundary of a new (1) through (2) No change. substation containing facilities operating at these voltages shall not exceed 2.00 kV/m.

Section II - Proposed Rules 5751 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(b) The maximum electric field at the edge of the operating at these voltages serving a 500 kV line shall not transmission line ROW for a line with a nominal voltage exceed 200 milliGauss, except for double circuit 500 kV lines greater than 500 kV or at the property boundary of a new to be constructed on ROWs existing on March 21, 1989, as substation containing facilities operating at these voltages shall identified below where the limit will be 250 milliGauss. not exceed 5.50 kV/m. (h) The maximum magnetic field at the edge of the (c)(b) The maximum electric field on the ROW of a 230 transmission line ROW for a transmission line with a nominal kV or smaller transmission line shall not exceed 8 kV/m. voltage greater than 500 kV or at the property boundary of a (d)(c) The maximum electric field on the ROW of a 500 new substation containing facilities operating at these voltages kV transmission line with a nominal voltage greater than 230 shall not exceed 250 milliGauss. kV and up to 500 kV shall not exceed 10 kV/m. (i)(f) For existing ROWs extending from the Andytown (e) The maximum electric field on the ROW of a substation to the Orange River substation, Andytown transmission line greater than 500 kV shall not exceed 15 substation to the Martin Generating Plant, and the Martin kV/m. Generating Plant to the Midway substation, where the facility (f)(d) The maximum magnetic field at the edge of a 230 owner has acquired, prior to March 21, 1989, a ROW kV or smaller transmission line ROW or at the property sufficiently wide for two or more 500 kV transmission lines boundary of a new substation serving such lines shall not and has constructed one or more 500 kV transmission lines on exceed 150 milliGauss. this ROW prior to March 21, 1989, the maximum magnetic (g)(e) The maximum magnetic field at the edge of the field at the edge of the ROW or property boundary of a new or transmission line ROW for a transmission line with a nominal modified substation shall not exceed 250 milliGauss. voltage greater than 230 kV and up to 500 kV 500 kV line or at the property boundary of a new substation containing facilities Table of New Transmission Line and Substation Standards KV Rating Property Boundary of new Edge of Transmission Line On the Transmission Line Substation Right-of-Way Right-of-Way <+250 kV 2.00 kV/m & 150 milliGauss 2.00 kV/m & 150 milliGauss 8 kV/m <=500 kV and > 230 kV 2.00 kV/m & 200 milliGauss 2.00 kV/m & 200 milliGauss 10 kV/m

>500 kV 2.00 kV/m & 250 milliGauss 2.00 kV/m & 250 milliGauss 15 kV/m Footnote 1: Except as provided in paragraphs (2)(g) and (2)(i). prevention and control of contraband, the rule addresses Specific Authority 403.061(7), 403.523(1) FS. Law Implemented facility staffing and supervision, offender classification, 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended controlled observation, transportation, mail and visitation, and 1-7-93, Formerly 17-274.450, Formerly 17-814.450, other aspects of a safe and secure facility environment. The Amended______. rule also addresses program administration, including required reporting, the keeping of logbooks, records management, audit NAME OF PERSON ORIGINATING PROPOSED RULE: and review, and staff evaluation. Mike Halpin SUMMARY OF STATEMENT OF ESTIMATED NAME OF SUPERVISOR OR PERSON WHO APPROVED REGULATORY COSTS: No Statement of Estimated THE PROPOSED RULE: Jeremy Susac Regulatory Cost was prepared. DATE PROPOSED RULE APPROVED BY AGENCY Any person who wishes to provide information regarding a HEAD: September 12, 2007 statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing DEPARTMENT OF JUVENILE JUSTICE within 21 days of this notice. Residential Services SPECIFIC AUTHORITY: 985.64, 985.601(3)(a), RULE NOS.: RULE TITLES: 985.441(1)(b), 985.03(44) FS. 63E-7.013 Safety and Security LAW IMPLEMENTED: 985.601(3)(a), 985.441(1)(b) FS. 63E-7.016 Program Administration IF REQUESTED WITHIN 21 DAYS OF THE DATE OF PURPOSE AND EFFECT: The rule establishes the THIS NOTICE, A HEARING WILL BE HELD AT THE requirements for the administration and operation of state DATE, TIME AND PLACE SHOWN BELOW: operated and contracted residential commitment programs for DATE AND TIME: Friday, January 4, 2008, 10:00 a.m. juvenile offenders. PLACE: DJJ Headquarters, 2737 Centerview Drive, General SUMMARY: The rule sections address safety and security in Counsel’s Conference Room 3223, Tallahassee, Florida the physical plant, in daily operations, and in crisis situations. In addition to physical security features, key control, escape

5752 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

THE PERSON TO BE CONTACTED REGARDING THE 2. Door locks on entry, exit, and passage doors, with a PROPOSED RULES IS: Lydia Monroe, 2737 Centerview Dr., manual override capability if locks are electronic; Ste. 3200, Tallahassee, FL 32399-3100, e-mail: 3. Camera surveillance system, with inside and outside [email protected] cameras and taping capability; 4. Sally port with intercom capability; THE FULL TEXT OF THE PROPOSED RULES IS: 5. Secure pedestrian gate with intercom capability; 63E-7.013 Safety and Security. 6. Secure windows that are break-resistant or screened (1) Physical Security Features. A residential commitment glass; program shall provide physical security features as required 7. Sleeping room doors that open out; pursuant to Chapter 985, F.S., the provider’s contract with the 8. Exterior security lighting; department, if applicable, and the following provisions based 9. Electronic search equipment; and on the restrictiveness level of the program: 10. Radio or cellular phone communication devices for (a) Although a low-risk program is not required to be staff. physically secure, authorized features include delay-open door (2) Staffing Ratios. Any low-risk residential commitment alarms, window alarms, electronic search devices, video program of more than five beds, and any moderate-risk, surveillance equipment, radio or cellular phone communication high-risk, and maximum-risk restrictiveness level program devices for staff, and exterior lighting. shall provide awake staff supervision 24 hours per day. (b) A moderate-risk program shall be environmentally (a) Establishment of staff-to-youth ratios for each secure, staff secure, or hardware-secure with walls, fencing, or contracted or state-operated program shall be based on the locking doors.Additionally, the following security features are following factors: authorized, but not required, for a moderate-risk program: 1. Restrictiveness level of the program; 1. Security fencing with an inside overhang or razor wire; 2. Special needs of the targeted population; and 2. Door locks on entry, exit, and passage doors, with a 3. Facility layout or physical plant design. manual override capability if locks are electronic; (b) Staff-to-youth ratios in a privately operated residential 3. Secure windows of break-resistant or screened glass; commitment program shall be provided as specified in the 4. Delay open door and window alarms; provider’s contract with the department and shall be monitored 5. Camera surveillance system; for compliance by the residential monitor designated by the 6. Secure sally port; department. 7. Secure pedestrian gate; (c) Staff-to-youth ratios in a state-operated program shall 8. Exterior security lighting; be specified in the department’s monitoring plan for the 9. Electronic search equipment; and program and shall be monitored for compliance by the 10. Radio or cellular phone communication devices for residential monitor designated by the department. staff. (3) Supervision of Youth. All residential commitment (c) A high-risk program shall provide security features that program staff shall promote safety and security by maintaining include a minimum of 12-feet high perimeter fencing, with an active supervision of youth to include interacting positively inside overhang or razor wire; door locks on entry, exit and with youth, engaging youth in a full schedule of constructive passage doors, with a manual override capability if locks are activities, closely observing behavior of youth and changes in electric; secure windows of break-resistant or screened glass; behavior, and consistently applying the program’s behavior and exterior security lighting. A high-risk program shall also management system. provide radio or cellular phone communication devices for (a) Program staff shall account for the whereabouts of staff.Additionally, the following security features are youth under their supervision at all times. authorized, but not required, for a high-risk program: 1. Each program shall ensure that staff conduct and 1. Camera surveillance system; document resident counts minimally at the beginning of each 2. Secure sally port; shift, after each outdoor activity, and during any emergency situation, escape incident or riot. 3. Secure pedestrian gate; and 2. Each program shall track daily census information to 4. Electronic search equipment. include, at a minimum, the total daily census count, new (d) A maximum-risk program shall provide the following admissions, releases or direct discharges, transfers, and youth security features: temporarily away from the program. 1. Perimeter security fencing of at least 12 feet in height, with an inside overhang or razor wire;

Section II - Proposed Rules 5753 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

3. If, at any time, program staff cannot account for any 5. Prior delinquent history and background, including youth’s whereabouts or they find discrepancies between gang affiliation, if applicable; resident counts and the tracking of daily census information, 6. Current or past involvement in assaultive or aggressive the program shall reconcile immediately and take follow-up behavior, sexual misconduct, or demonstration of emotional action as needed. disturbance; and (b) A residential commitment program shall ensure that 7. Identified or suspected risk factors, such as medical, staff observe youth at least every ten minutes while they are in suicide, and escape risks; their sleeping quarters, either during sleep time or at other (b) Initial classification of each newly admitted youth for times, such as during an illness or room restriction. Staff shall the purpose of assigning him or her to a living unit, sleeping conduct the observations in a manner to ensure the safety and room, and youth group or staff advisor; security of each youth and shall document real time (c) Reassessment of a youth’s needs and risk factors and observations manually or electronically. reclassification, if warranted, prior to considering: (4) Procedures. A residential commitment program shall 1. An increase in the youth’s privileges or freedom of develop and implement written facility operating procedures or movement; protocols addressing safety and security. 2. The youth’s participation in work projects or other (5) Safe and Secure Facility. A residential commitment activities that involve tools or instruments that may be used as program shall maintain a safe and secure physical plant, potential weapons or means of escape; and grounds and perimeter and shall: 3. The youth’s participation in any off-campus activity; (a) Conduct weekly security audits and safety inspections; and (b) Develop and implement corrective actions warranted (d) A continually updated, internal alert system that is as a result of safety and security deficiencies found during any easily accessible to program staff and keeps them alerted about internal or external review, audit, or inspection; and youth who are security or safety risks, including escape risks, (c) Verify that deficiencies are corrected as follows and suicide or other mental health risks, medical risks, sexual existing systems are improved or new systems are instituted as predator risks, and other assaultive or violent behavior risks. needed to maintain compliance. The program shall design and implement this system to reduce 1. Immediate initiation of corrective actions necessary to risks by alerting program staff when there is a need for specific eliminate any imminent threat to life and safety or any follow-up or precautionary measures or more vigilant or impending security breach; and increased levels of observation or supervision, and by assisting 2. Initiation of other corrective actions needed within at staff when making treatment, safety and security least 30 days; decisions.Although a direct care, supervisory, or clinical staff (6) Audio or Video Recordings. A residential commitment may place a youth on alert status if he or she meets the criteria program that has any on-site video or audio system with for inclusion in the program’s alert system, only the following recording capability shall maintain at least a 90-day history of may recommend downgrading or discontinuing a youth’s alert recordings unless the equipment does not have the capacity to status: maintain a 90-day history, in which case the program shall 1. A licensed mental health professional or mental health maintain the recordings at least 30 days or longer if within the clinical staff person for suicide risks or other mental health equipment’s capacity. alerts; (7) Classification of Youth. A residential commitment 2. A medical staff person for medical alerts upon program shall establish a classification system that promotes verification that the health condition or situation no longer safety and security, as well as effective delivery of treatment exists; or services, based on determination of each youth’s individual 3. The program director, assistant program director, or needs and risk factors, that addresses, at a minimum, the on-site supervisor for security alerts. following: (8) Gang Prevention and Intervention. A residential (a) Classification factors to minimally include the commitment program shall implement gang prevention and following: intervention strategies and shall assess each newly admitted 1. Physical characteristics, including sex, height, weight, youth to determine if he or she is a criminal street gang and general physical stature; member or is affiliated with any criminal street gang. For the 2. Age and maturity level; purpose of this rule chapter, the definitions of criminal street 3. Identified special needs, including mental, gang and criminal street gang member are consistent with developmental or intellectual, and physical disabilities; definitions in Chapter 874, F.S. The program shall share 4. Seriousness of the current offense, including whether or pertinent gang-related information, as appropriate, with the not the offense was against person or property; Florida Department of Law Enforcement, local law enforcement, Department of Corrections, school districts, the

5754 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 judiciary, and social service agencies, as well as with a youth’s youth is admitted from secure detention, in which case a strip JPO and, if identified, his or her post-residential services search is authorized rather than required. The program shall counselor. also conduct a strip search of any youth returning from a home (9) Key Control. A residential commitment program shall visit. When authorized by the program director, the program establish a key control system that, at a minimum, addresses may conduct a strip search when a youth is returning from an the following: off-campus activity, following a youth’s involvement in (a) Key assignment and usage, including restrictions on visitation activities, or in response to a serious security breach. usage; (d) A cavity search that involves the examination of the (b) Inventory and tracking of keys; youth’s body cavities, with the exception of visual inspection (c) Secure storage of keys not in use; of ears, nose and mouth, may only be conducted by trained (d) Procedures addressing missing or lost keys; and medical personnel in an emergency room setting when (e) Reporting and replacement of damaged keys. authorized by the program director because it is strongly suspected that a youth has concealed contraband in a body (10) Contraband. A residential commitment program shall cavity. delineate items and materials considered contraband when found in the possession of youth. The program shall provide (e) With the exception of privileged mail to or from a youth with the list of contraband items and materials and youth’s attorney of record, JPO, clergy, or a state or federally authorized advocate or advocacy group representative, the inform the youth of the consequences if found with contraband. The program shall establish a system to prevent program shall search youths’ incoming and outgoing mail, the introduction of contraband and identify contraband items including correspondence and packages, for contraband and for and materials through searches of the physical plant, facility any information that may threaten the security or safety of the grounds, and its youth. program, including escape plans or gang-related information. During the search of incoming or outgoing mail, the youth (a) Before program staff conduct any strip search of a receiving or sending the mail shall be present or, if the program youth and, at a minimum, before staff conduct a youth’s initial conducts mail searches at a central location, a youth frisk search, staff shall prepare the youth by explaining the representative shall be present to witness the process. purpose of the search and what it entails, while assuring the youth of his or her safety. Throughout the search, staff shall (f) The program shall confiscate any contraband item or avoid using unnecessary force and shall treat the youth with material from a youth, documenting the reason for the dignity and respect to minimize the youth’s stress and confiscation and the manner of disposition. The program shall embarrassment. include a copy of the documentation in the youth’s individual management record.If a confiscated item is not illegal, the (b) Staff conducting a frisk search, which is conducted program director or his or her designee has the discretion to through the youth’s clothing, shall be of the same sex as the discard the item, return it to its original owner, mail it to the youth being searched. A frisk search shall be conducted when a youth’s home, or return it to the youth upon his or her release youth returns from a supervised activity away from the from the program. In all instances involving the confiscation of program, after a youth participates in vocational or work contraband that is illegal, the program shall submit the item to program involving the use of tools or other implements that local law enforcement and file a criminal report. could be used as weapons or as a means of escape, and when otherwise authorized by the program director or his or her (11) Visitation. A residential commitment program shall designee for the purposes of controlling contraband or ensuring provide for visitation of youth and, at a minimum, shall address the following: safety and security. (a) Program security and the safety of youth, staff and (c) A strip search, a visual check of a youth without clothing, shall be conducted in a private area with two staff visitors; members present, both of the same sex as the youth being (b) Designated visitation schedule that is provided to each searched.As an alternative when two staff of the same sex are youth’s parents or legal guardian and is readily available to not available, one staff of the same sex as the youth may other authorized visitors, as well as reasonable conduct the search while a staff of the opposite sex is accommodations in response to a parent’s or legal guardian’s positioned to observe the staff person conducting the search, request for alternate visitation arrangements; but cannot view the youth. (c) Designated visitation areas and staff supervision during 1. Low-risk. A program at this restrictiveness level may visitation; conduct a strip search of a youth only when authorized by the (d) Identification of authorized visitors, including the program director. youth’s parents or legal guardian, the youth’s spouse, the 2. Moderate-risk, High-risk, and Maximum-risk Programs. youth’s attorney of record, the youth’s JPO, clergy, and others A program at any of these restrictiveness levels shall conduct a at the discretion of the program director or his or her designee, strip search of every youth upon admission, except when a excepting any co-defendant in the youth’s current offense,

Section II - Proposed Rules 5755 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 anyone prohibited by court order to have contact with the a tool management system to prevent youth from using youth, anyone the youth is unwilling to receive as a visitor, or equipment and tools as weapons or means of escape. At a anyone whose presence or behavior during a prior visitation minimum, tool management shall address: posed a safety or security threat; (a) Procedures for issuing tools to youth and staff, (e) Verification of the identity of visitors by requiring a including an assessment to determine a youth’s risk to the form of picture identification except in the case of children or public, staff, other youth and self if allowed to participate in a siblings of the youth who are accompanied by a parent or legal project or activity involving the use of tools; guardian and authorized by the program director or his or her (b) A frisk search and, at the program’s discretion, an designee; electronic search of any youth at the completion of each work (f) Documentation of all visitation to include: project or activity that involves the use of tools; 1. The visitor’s signature, the date, and the times of entry (c) Tool markings or identifiers that facilitate issuance of and exit; tools and timely identification of missing tools; 2. The name of any visitor denied entry and the date, time, (d) Tool inventories as follows: and reason for denial; 1. Tools shall be inventoried prior to being issued for work (g) Measures to prevent the introduction of contraband and at the conclusion of the work activity. Staff shall report any into the program to include: discrepancy to the program director or his or her designee for 1. Written notification to visitors before their entry into the immediate follow-up action. facility that their person and any packages may be subject to 2. Any tool that, in its manufactured form or due to search and that possession of illegal contraband could be subsequent modifications, has sharp edges or points and has a subject to legal action; high potential to be used as a weapon to inflict serious bodily 2. Mandatory electronic search of visitors entering harm, shall be inventoried daily, except on days when they are high-risk and maximum-risk programs and optional electronic not used. search of visitors entering low-risk and moderate-risk 3. Any tool that, in its manufactured form or due to programs; subsequent modifications, does not have sharp edges or points 3. Frisk search of a visitor by a staff person of the same shall be inventoried at least monthly. sex when probable cause exists to warrant the search; 4. If the program consistently implements a system 4. Search of packages or other items for youth conducted whereby tools are securely stored in a sealed container or in the presence of the visitor; closet, and if the seal has not been broken at the time an 5. Prohibition of visitors bringing their personal inventory is being conducted, the sealed tools may be exempt possessions into the facility unless the program director or his from inventory. or her designee makes an exception for a visitor needing a (e) Prohibited tools to include machetes, bowie knives, or documented prescription medication or an adaptive device due other long blade knives; to a disability; (f) Procedures that address missing tools; 6. Frisk search or, if authorized by the program director or (g) Internal reporting of incidents involving tools and his or her designee, strip search of a youth by staff prior to the reporting to the department’s Central Communications Center youth’s exit from the visitation area; and as required; 7. Search of the visitation area by staff after all visits are (h) Secure storage of tools when not in use; concluded; and (i) Training for staff and youth on the intended and safe (h) Termination of the visit if the youth or visitor violates use of tools; the program rules, is loud or disorderly or visibly angry or (j) Disposal and replacement of dysfunctional tools that upset, engages or attempts to engage in sexual contact or are in an unsafe condition or disrepair; and activity, is physically aggressive, or otherwise poses an unsafe (k) Tool control and restrictions when a repairman or situation. worker external to the program enters the facility or facility (12) Tool Management. A residential commitment grounds to perform a work project that requires the use of program shall provide a minimum ratio of one staff for every tools. These restrictions shall limit tools to only those that are five youth (1:5) during activities involving the use of tools, necessary, checking tools upon the worker’s arrival to and exit except in the case of a disciplinary work project involving tools from the program, restricting youths’ access to the work area, that requires a 1:3 ratio. However, when a program is designed immediate reporting of any tool the worker finds missing while to focus on vocational training, a provider’s contract with the on-site at the program, and follow-up action if any tool is department or, in the case of a state-operated program, the found missing. department’s monitoring plan may specify other staff-to-youth ratios when youth are using tools for vocational training purposes. Each residential commitment program shall institute

5756 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(13) Kitchen Utensils. A residential commitment program the program, staff shall obtain authorization for continued shall institute a system to control and inventory kitchen placement from a supervisor or staff person at a higher level or utensils used to prepare and serve food and eating utensils used the youth shall be removed from the controlled observation by youth. room. (14) Flammable, Poisonous and Toxic Items. A residential (c) Staff shall not leave a youth alone in a controlled commitment program shall maintain strict control of observation room until an inspection of the room is conducted flammable, poisonous, and toxic items and materials.At a and it is deemed safe, secure, and in compliance with the minimum, the program shall: following room specifications: (a) Maintain a complete inventory of all such items the 1. Minimum of 35 unencumbered square feet; program uses; 2. Solid core hardwood or metal door with a (b) Maintain a current list of facility positions, titles or shatter-resistant observation window that allows for sight and functions that are authorized to handle these items; sound observation; (c) Prohibit youths’ handling of these items and restrict 3. Vents that are out of the reach of youth and covered with their access to areas where the items are being used; small mesh or a metal plate, with holes no more than 3/16 inch (d) Dispose of hazardous items and toxic substances or and no exposed edges; chemicals in accordance with Occupational Safety and Health 4. Recessed light fixtures that are covered with Administration (OSHA) standards; and shatter-resistant material; (e) Maintain Material Safety Data Sheets (MSDS) on site 5. Windows that are shatter-resistant or, if not, covered as required by OSHA. with security-rated screens or another material that prevents (15) Mechanical Restraints. When necessary and only as a access to the glass; last resort to maintain safety and security, the department 6. No electrical outlets; authorizes the use of physical intervention techniques and 7. No electrical switches unless covered and secured; and mechanical restraints in residential commitment programs 8. A security-rated, fire retardant plastic mattress suitable pursuant to Chapter 63H-1, F.A.C. for use on the floor or on a suicide-resistant bed. (16) Controlled Observation. A moderate-risk, high-risk, (d) Prior to placing a youth into a controlled observation or maximum-risk residential commitment program may use room, a staff person of the same sex as the youth or a health controlled observation only when necessary and as a last care professional shall use the Health Status Checklist to resort. It is intended as an immediate, short-term, crisis conduct and document a visual check of the youth to determine management strategy for use during volatile situations in if there are any observable injuries that would contraindicate which one or more youths’ sudden or unforeseen onset of placement. The Health Status Checklist (MHSA 008, August behavior imminently and substantially threatens the physical 2006) is incorporated into this rule and is available safety of others and compromises security. Controlled electronically at http://www.djj.state.fl.us/forms/mental_health observation is not authorized for use as punishment or _substance_abuse_services_forms_index.html. If a physical discipline. injury is observed, the youth complains of injury or illness, or (a) The program is authorized to temporarily place an the youth experienced a fall, impact, or blow such that injury out-of-control youth in a controlled observation room only could reasonably be expected, a health care professional shall when the following three criteria are met: be immediately notified for timely assessment and treatment. 1. The youth is exhibiting active aggression; (e) Staff shall not place a youth exhibiting behaviors 2. Continuation of the youth’s acutely aggressive or indicative of a mental health crisis or suicide risk in controlled violent behavior is likely to result in immediate injury or observation. Additionally, if a youth in a controlled imminent harm to others or substantial damage to property; observation room begins manifesting behavior that would and indicate that he or she is experiencing a mental health crisis or 3. The youth is physically out-of-control, and less is a suicide risk, the youth shall immediately be removed from restrictive methods of dealing with the youth are ineffective or the room and follow-up mental health services shall be are unlikely to have the desired effects quickly enough to provided. divert serious injuries, security breaches, or substantial (f) Any physical restraints shall be removed after a youth property destruction. is placed in a controlled observation room unless they are (b) A supervisor or staff person at a higher level shall give necessary to protect the youth from self-injury, in which case prior authorization for each use of controlled observation staff shall continuously monitor the youth and remove the unless the delay caused by seeking prior approval would restraints after 15 minutes of calm behavior. further jeopardize the safety of others and the program’s (g) A staff person of the same sex shall frisk search the security. In this case, as soon as the youth is placed in the youth and remove any potentially dangerous or injurious items controlled observation room and order is re-established within before the youth is left alone in a controlled observation room.

Section II - Proposed Rules 5757 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Staff shall remove all jewelry, pocket items, hair ties, hairpins, form. The program shall maintain these forms in an belts, or other clothing or items that the youth could use for administrative file, as well as in the youth’s individual self-injury or injury to others; however, the youth shall not be management record. stripped. (17) Escapes. For purposes of this rule, the definition of (h) Staff shall discuss with the youth the reasons for his or escape is consistent with Section 985.721, F.S. her placement in controlled observation, the expected behavior (a) When a youth escapes from the facility or escapes from for removal from placement and, if applicable, the expected supervised activities away from the facility or while in transit behavior for removal of restraints. Later, when the youth’s to and from such activities, the program shall report the behavior has de-escalated and is conducive to constructive incident by telephone to law enforcement and the department’s interaction, staff shall attempt to process with the youth what Central Communications Center immediately or within a happened and explore alternative behaviors. timeframe not to exceed two hours of becoming aware of the (i) To ensure the youth’s safety while in the controlled escape. Additionally, the program shall telefax the completed observation room, staff shall conduct safety checks at least Notification of Escape form to the following persons or entities every fifteen minutes and shall observe the youth’s behavior. as soon as practicable or within a timeframe not to exceed four However, continuous sight and sound supervision, defined as hours: staff’s provision of continuous, uninterrupted visual and sound 1. Law enforcement; monitoring of the youth, shall be provided when the youth is in 2. The state attorney in the jurisdiction where the restraints or is physically out-of-control to the extent that he or delinquency petition was filed; she is at high risk of self-injury. Staff shall document all safety 3. The sentencing judge; checks and observations on the Controlled Observation Safety 4. The department’s residential regional director or Checks form. designee; (j) The program director or a supervisor with delegated 5. The youth’s JPO or his or her supervisor; authority shall approve a youth’s release from controlled 6. The youth’s parents or legal guardian; and observation. This approval shall be based on a determination 7. Detention screening. that the youth is no longer threatening harm to others, exhibits calm behavior, and expresses a willingness to positively rejoin (b) The program shall maintain a separate log that the program. documents each notification, including each person contacted, the date and time of contact, and the program staff making the 1. The time limit for placement of a youth in the controlled contact. In addition, all pertinent information relating to the observation room is two hours unless the program director or escape shall be documented in the program’s daily logbook and his designee grants an extension because release of the youth the youth’s individual management record. would imminently threaten his or her safety or the safety of others. No extension shall exceed six hours, and the total (c) If law enforcement declines to accept a report alleging placement time, including all extensions, shall not exceed 24 that a youth has committed the felony offense of escape, the hours. program shall notify the youth’s JPO or his or her supervisor who will request the court of jurisdiction to issue an order to 2. When a youth is released from controlled observation, take the youth into custody. staff shall determine whether an in-house alert is warranted and, if so, take action as required pursuant to paragraph (d) If the youth is not apprehended within 48 hours of the 63E-7.013(7)(d), F.A.C. escape, the program shall release the youth from the program in the department’s JJIS Bed Management System or, if the (k) The program director or assistant program director program does not have direct access to JJIS, shall notify the shall review the Controlled Observation Report within 14 days department’s regional commitment manager via telephone. of the youth’s release from controlled observation to determine if the placement was warranted and handled according to the (e) As soon as possible after the program becomes aware of the youth’s apprehension, the program shall advise all provisions of this rule section.Any corrective actions deemed necessary to prevent potential misuse of controlled observation parties whom they previously notified of the escape. shall be immediately implemented. (f) The program shall review circumstances pertinent to an escape within 48 hours, cooperate with the department in any (l) The program shall ensure completion of the Controlled review or investigatory activities following an escape, and Observation Report for each use of controlled observation, implement corrective actions as needed to prevent future with the exception of the Extension of Controlled Observation escapes. section when a youth’s placement is limited to the two-hour time period. Additionally, for each use of controlled (g) If a youth absconds while on temporary release status observation, the program shall ensure completion of the Health and does not return to the program as expected, the program Status Checklist and the Controlled Observation Safety Checks shall contact:

5758 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

1. The youth’s family within four hours of becoming b. The vehicle shall be equipped with a safety screen aware of the event to request their assistance in facilitating the separating the front seat or driver’s compartment from the back youth’s return to the program; and seat or rear passengers’ compartment, or a staff person shall 2. The youth’s JPO or his or her supervisor to request their occupy the back seat or rear passengers’ compartment with the assistance in facilitating the youth’s return or to expedite youth. issuance of a pick-up order. The program shall make this c. The program shall provide the minimum ratio of one contact as soon as is practicable, but no later than the end of the staff for every five youth required for off-campus same workday in which the program becomes aware of the activities.However, if five or less youth are being transported, event if it falls within the traditional workweek or, if not, the program shall provide a minimum of two staff, with one before the end of the next traditional workday. being the same sex as the youth being transported. (18) Transportation.When transporting a youth, a (c) The program shall ensure that any vehicle used by the residential commitment program shall maintain custody and program to transport youth is properly maintained for safe control while ensuring the safety of youth, staff and the operation. community. 1. Each vehicle being used for transport of youth shall pass (a) The program shall comply with the following an annual safety inspection. provisions whether or not secure transportation is required: 2. The program shall maintain documentation on use of 1. Program staff shall not transport youth in any personal each vehicle and its maintenance. vehicle unless the program director approves such action based 3. Each vehicle used to transport youth shall be equipped on extenuating circumstances wherein the life or safety of a with the appropriate number of seat belts, a seat belt cutter, a youth is in imminent jeopardy without taking such action. window punch, a fire extinguisher, and an approved first aid 2. The program shall provide the minimum ratio of one kit. staff for every five youth required for off-campus activities. (19) A residential commitment program shall comply with 3. Youth and staff shall wear seat belts during the following provisions on youth’s eligibility and participation transportation, and youth shall not be attached to any part of in off-campus activities, defined as activities conducted away the vehicle by any means other than the proper use of a seat from the facility grounds: belt. (a) A residential commitment program shall provide 4. The program shall issue transporters a cellular phone or supervision for youth who leave the facility grounds for radio for use in the event of vehicle problems or other necessary activities such as health and court-related events. emergencies. The program shall determine a youth’s eligibility for 5. Staff shall not leave youth unsupervised in a vehicle. participation in other off-campus activities based on the 6. Youth shall not be permitted to drive program or staff program’s restrictiveness level, the youth’s performance and vehicles. behavior in the program, and the assessed risk for the youth to 7. Staff shall lock personal and program vehicles when not re-offend during the off-site activity. in use. 1. A low-risk or moderate-risk program shall allow a (b) When transporting youth, a high-risk or maximum-risk youth to participate in necessary, supervised off-campus program shall provide secure transportation. A low-risk or activities such as health and court related activities. The moderate-risk program shall provide secure transportation for program may also allow a youth to participate in other any youth who has been assessed and determined to be a constructive supervised off-campus activities and, with court security risk or risk to self and others and has demonstrated approval, may permit the youth to participate in specific that he or she cannot be transported by less restrictive temporary release activities, such as community employment methods.The program shall comply with the following when and, during the final 90 days of his or her residential securely transporting youth: placement, home visits. If an extraordinary family emergency 1. The use of mechanical restraints is required and shall be arises prior to the final 90 days of a youth’s stay, the program provided pursuant to Chapter 63H-1, F.A.C. director or designee may, with court approval, grant an emergency temporary release. In such a case, the program 2. In addition to the requirements specified in paragraph shall, with input from the youth’s family, develop a specific 63E-7.013(18)(a), F.A.C., of this rule chapter, the program itinerary and coordinate with the youth’s JPO. shall comply with the following provisions when providing secure transportation: 2. For most of a youth’s placement in a high-risk program, a. The vehicle shall have rear doors that cannot be opened the program shall restrict a youth’s participation in off-campus from the inside. activities to necessary, supervised activities such as health and court-related activities. However, during the final 60 days of a youth’s residential stay and with court approval, the program may grant permission for the youth to leave facility grounds to

Section II - Proposed Rules 5759 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 engage in transitional activities such as enrollment in school or program shall conduct practice events or drills and shall be a vocational program, completion of a job interview, prepared for immediate implementation or mobilization of the performance of community service, and home visits of no plans whenever an emergency or disaster situation necessitates. more than 72 hours. Additionally, if an extraordinary family (a) The program’s disaster plan shall: emergency arises, such as the death or impending death of a 1. Address, at a minimum, fire and fire prevention and youth’s immediate family member, prior to the final 60 days of evacuation, severe weather, disturbances or riots, bomb threats, a youth’s stay, the program director or designee may, with hostage situations, chemical spills, flooding or terrorist threats court approval and concurrence of the department’s residential or acts; regional director, grant an emergency temporary release. In 2. Identify and define essential or key staffs’ roles and such a case, the program shall, with input from the youth’s specific responsibilities during emergency or disaster family, develop a specific itinerary and coordinate with the situations; youth’s JPO. 3. Specify and plan for the provision of any equipment and 3. A maximum-risk program shall not allow a youth to supplies required to maintain the continuous operation of participate in off-campus activities except for necessary, services during an emergency or disaster. Equipment and supervised activities such as health and court-related events supplies may include, but are not limited to, food, medications, and, under exceptional circumstances, a staff-supervised day pharmaceutical and first aid supplies, clothing and linens, trip to attend a family emergency event when approved by the vehicles, generators, cell phones, flashlights, batteries, fire court and the department’s residential regional director. safety equipment, and laptop computers; (b) Prior to allowing a youth to participate in any 4. Identify critical information about youth that may be off-campus activity that is not a supervised, necessary event, needed during an emergency situation and plan for its access; the program shall assess the youth’s risk and determine that he 5. Address alternative housing plans; or she is unlikely to re-offend while in the community. 6. Be compatible with the disaster plan and COOP for the Additionally, the program shall require the youth to department’s residential region; demonstrate progress and positive behavior in the program. 7. Be conspicuously posted in the facility, readily available (c) Except for supervised, necessary off-campus activities, to staff members, youth, and visitors, and disseminated to the program shall plan and structure each off-campus activity, appropriate local authorities. If the plan is too voluminous to including any home visit, for youth to accomplish specific post, the program shall post a notice that identifies the various goals and objectives. The program shall involve the youth in locations within the facility where staff can easily access the the planning process. plan. (d) The program shall ensure a minimum ratio of one staff (b) The program’s COOP shall: to every five youth during any supervised off-campus activity. 1. Provide for the continuity of care and custody of its The program shall provide a more intensive staffing if the youth and the protection of the public in the event of an activity or circumstances surrounding the activity dictate that emergency that prevents occupancy of the program’s primary closer supervision is necessary to ensure the safety of the facility or structure; community, staff and youth. 2. Compatible with the COOP for the department’s (e) Pursuant to subparagraph 64E-7.012(2)(a)2., F.A.C., of residential region; this rule chapter, the program shall notify the victim or his or her designee, unless these notification rights have been waived, 3. Readily available to staff; when allowing a youth committed for specified offenses to 4. Reviewed and updated annually; participate in a temporary release. 5. Submitted to the department’s residential regional (f) The program shall prohibit any youth from director, if requested; and participating in trips or functions requiring travel out of the 6. Approved by the Division of Emergency Management, state of Florida unless approved in writing by the department’s Department of Community Affairs. residential regional director and Assistant Secretary for (21) Internet Access. A residential commitment program Residential and Correctional Facilities. shall ensure that youth only have access to the Internet for the (20) Disaster and Continuity of Operations Planning. A purposes of obtaining educational material. While youth are residential commitment program shall develop a disaster plan on-line, program staff shall continually monitor the computer and a continuity of operations plan (COOP) that are screens to ensure that youth are accessing only the approved coordinated or one comprehensive plan that incorporates both. material. The plans shall provide for the continuation of basic care and (a) Youth shall be prohibited from accessing material custody of youth in the event of an emergency or disaster, considered harmful to minors which includes any picture, while ensuring safety of staff, youth and the public. The image, graphic image file, or other visual depiction that, taken as a whole and with respect to minors:

5760 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

1. Appeals to a prurient interest in nudity, sex, or b. If the water-related activity takes place in open water, at excretion; least one staff person certified in waterfront lifeguarding shall 2. Depicts, describes, or represents in an offensive way an be present. actual or simulated sexual act or sexual contact, actual or c. Shoreline and offshore activities do not require simulated normal or perverted sexual acts, or lewd exhibition lifeguards present; however, the program shall provide of the genitals; and supervision by staff trained in emergency procedures. Staffing 3. Lacks serious literary, artistic, political, or scientific shall be sufficient to continually account for youths’ value. whereabouts and maintain safety. (b) The program shall implement effective technology 2. The program shall provide additional staff supervision protection measures to limit youths’ Internet access to only the to ensure youths’ safety. If the activity is conducted away from approved educational material. The program shall conduct and the program or its grounds, a minimum ratio of one staff for document monthly checks on the protection system and, if every five youth is required. problems are identified with the system, shall prohibit youths’ 3. The program shall conduct methods necessary to access until repairs are completed and tested. The program maintain an accounting of youth, including conducting shall not allow youth access to prohibited sites that may elude head-counts at regular intervals. the technology protection measures. (c) Scuba diving or snorkeling activities shall be (22) Water Safety. conducted consistent with standards and procedures (a) A residential commitment program that allows youth to established or approved by nationally recognized organizations participate in water-related activities shall establish a water such as the Recreational Scuba Training Council, the National safety plan that addresses, at a minimum, safety issues, Association of Underwater Instructors, or the Professional emergency procedures, and the rules to be followed during a Association of Diving Instructors. water-related activity, as follows: Specific Authority 985.64, 985.601(3)(a), 985.441(1)(b), 985.03(44), 1. Determination of the risk level for each youth to FS. Law Implemented 985.601(3)(a), 985.441(1)(b) FS. History– participate in water-related activities by identifying whether or New______. not the youth can swim, assessing his or her swimming ability, and considering other factors to include, at a minimum, age 63E-7.016 Program Administration. and maturity, special needs such as physical and mental health (1) A residential commitment program director shall be issues, and physical stature and conditioning; accountable for the daily operation of the program, as well as 2. Type of water in which the activity is taking place, such ongoing program planning and evaluation to ensure safety, as pool or open water; security, and effectiveness of services provided to youth. 3. Water conditions, such as clarity and turbulence, and (2) A residential commitment program’s mission bottom conditions; statement shall be consistent with the department’s mission and 4. Type of water activities such as swimming, boating, principles of the restorative justice philosophy. canoeing, rafting, snorkeling, scuba diving, and shoreline and (3) A residential commitment program’s written offshore activities to include fishing from a bank or pier, description shall, at a minimum, address the following: fishing while wading, or picnicking close to a body of water: (a) The program’s treatment approach; 5. Lifeguard-to-youth ratio and positioning of lifeguards; (b) Services the program provides; and 6. Other staff supervision; and (c) The program’s service delivery system. 7. Safety equipment needed for the activity, such as (4) A residential commitment program director shall personal flotation devices when youth are in a boat, canoe or ensure provisions for staffing that, at a minimum, address the raft and availability of a lifeline during shoreline and offshore following: activities. (a) Level 2 pre-employment screening requirements (b) The program shall provide sufficient supervision to pursuant to Chapter 435 and Section 985.644(5), F.S.; continuously account for youth and ensure their safety. (b) Maintenance of an organizational chart that reflects 1. The program shall ensure a sufficient number of spans of control and lines of authority and specifies the job lifeguards for maximum safety, and lifeguards shall be certified title, and the primary function if not inherent in the job title, of consistent with American Red Cross or other nationally each program staff and overlay service provider; accepted standards for the type of water in which the activity is (c) Staffing schedules that ensure coverage across shifts taking place. and a system for accessing additional staff coverage as needed; a. If the water-related activity takes place in a pool, at least (d) Position descriptions that specify required one staff person certified as a lifeguard shall be present. qualifications, job functions or duties, and performance standards;

Section II - Proposed Rules 5761 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(e) A system for evaluating staff at least annually based on (b) Updates in the Residential Services Monitoring System established performance standards; (RSMS), a web-based component of JJIS and software (f) Systems of communication to keep staff informed and application designed to store information pertaining to each give them opportunities for providing input and feedback residential commitment program’s performance that, in the pertaining to operation of the program; case of a contracted program, reflects the program's (g) A dress code for staff that promotes professionalism, compliance with their contract terms and conditions. safety, and positive role modeling for youth; and (9) A residential program shall notify the department’s (h) A code of conduct for staff that clearly communicates designated regional commitment manager if a youth is placed expectations for ethical and professional behavior, including in a medical or mental health facility for longer than five days. the expectation for staff to interact with youth in a manner that (10) A residential program shall be reviewed, audited, or promotes their emotional and physical safety; investigated as follows: (5) A residential commitment program shall establish a (a) Prior to a contracted provider opening a new program system for fiscal management and control and, in the case of or assuming operation of an existing program, the department any contracted program, shall obtain at least one independent may conduct a pre-operational review to assess the program’s financial audit annually; readiness to commence operations. The program shall develop (6) A residential commitment program shall report as and implement an outcome-based corrective action plan to follows: address deficiencies identified during a pre-operational review. (a) Incident reporting to the department’s Central After the program commences operations and as follow-up to Communications Center; the pre-operational review, the department may conduct a (b) Reporting of Protective Action Response (PAR) post-operational review that may result in additional corrective incidents or use of mechanical restraints pursuant to Chapter actions. 63H-1, F.A.C.; (b) Based on the program’s identified risk factors, the (c) Reporting required for state-operated programs and department’s designated regional residential monitor shall programs operated by nonprofit contracted providers to conduct monthly, quarterly, or semi-annual reviews to participate in the USDA National School Lunch and Breakfast determine if the program is providing services as specified in Program; and this rule chapter, other applicable rules and statutes, and the (d) Posting of abuse reporting phone numbers throughout provider’s contract with the department. The program shall the facility and unhindered access for staff and youth to report develop and implement an outcome-based corrective action abuse to the Department of Children and Families’ central plan to address major deficiencies identified by the residential abuse hotline addressed in Chapter 39, F.S., or if the allegedly monitor during any such review. For purposes of this rule abused youth is 18 years or older, the department’s Central chapter, a major deficiency is defined as a deficiency that Communication Center. For purposes of this rule, unhindered indicates the interruption of service delivery or the receipt of access means the program shall allow youth and staff to make public funds for program services not delivered. the decision to report allegations of abuse without obtaining (c) Pursuant to Section 985.632, F.S., the department shall permission. The program shall provide youth with timely conduct quality assurance reviews of residential commitment telephone access to report allegations of abuse. However, if the programs. Standards and indicators used for this purpose shall youth requests telephone access during a scheduled structured be based on provisions of this rule chapter. The program shall activity, the program shall provide access as soon as that implement an outcome-based corrective action plan that activity concludes. addresses major deficiencies identified during any quality assurance review. (7) A residential program director shall establish a system to monitor the program’s bed capacity and the length of stay of (d) The program shall cooperate with any review or youth in placement to ensure all youth are progressing through investigation coordinated or conducted by the department’s the program and to target potential problems with any youth’s Office of the Inspector General pursuant to Section 20.055, planned release. F.S. (8) A residential commitment program shall update (e) In cases where federal funds are involved, audits may information in the department’s Juvenile Justice Information be conducted according to federal requirements. System (JJIS) as follows: (11) A residential commitment program director shall (a) Updates to the Bed Management System to include: build partnerships and collaborate with juvenile justice stakeholders in the community. 1. Any youth admission, transfer, release or discharge within 24 hours of the event; and (a) The program shall establish a community support 2. Placement of any youth on inactive status within 48 group or advisory board that meets at least quarterly. The hours of an escape or admission to a juvenile detention center program director shall solicit active involvement of interested community partners including, but not limited to or jail; and

5762 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 representatives from law enforcement, the judiciary, the school (c) At a minimum, each logbook entry shall include the board or district, the business community, and the faith date and time of the event, the names of staff and youth community. In addition, the program director shall recruit a involved, a brief description of the event, the name and victim, victim advocate, or other victim services community signature of the person making the entry, and the date and time representative and a parent whose child was previously, rather of the entry. than currently, involved in the juvenile justice system. (d) The program shall use one of the following methods to (b) The program shall collaborate with the school district ensure that each direct care staff person, including each to ensure the delivery of quality educational services consistent supervisor, is briefed when coming on duty: with the cooperative agreement between the school district and 1. Living Unit Logbook Review. If the program maintains the department pursuant to Section 1003.52, F.S. a logbook at each living unit, each incoming staff shall review (c) A residential commitment program may involve entries made during the previous two shifts in the logbook community volunteers, including mentors for youth, consistent maintained in the living unit to which he or she is assigned. with background screening requirements pursuant to Section The staff shall document his or her review in the logbook, 985.644, F.S. The program shall provide supervision as including the date, time and signature. deemed necessary to ensure the volunteer is providing services 2. Shift Report Review. If the program does not maintain a in a manner that meets the expectations of the program and logbook at each living unit, the program shall summarize in a ensures the emotional and physical safety of its youth. shift report the events, incidents, and activities documented in (12) A residential commitment program shall maintain a the program’s central logbook as required pursuant to chronological record of events as they occur or, if an event subparagraphs 63E-7.016(12)(a)1.-10., F.A.C. A program disrupts the safety and security of the program, as soon as is supervisor shall verbally brief incoming staff about the practicable after order has been restored. contents of the shift report or incoming staff shall review the (a) The program shall document the following events, shift report. Each incoming staff shall sign and date the shift incidents and activities in a central logbook maintained at report for the previous shift to document that he or she has master control, living unit logbooks, or both. reviewed or been verbally briefed about its contents. A copy of 1. Emergency situations; the shift report shall be maintained at each living unit for at 2. Incidents, including the use of mechanical restraints; least 48 hours. 3. Special instructions for supervision and monitoring of (13) A residential commitment program shall establish a youth; records management system that addresses all records 4. Population counts at the beginning and end of each shift maintained by the program including, but not limited to, and any other population counts conducted during a shift; administrative files, personnel records, fiscal and accounting 5. Perimeter security checks and other security checks records, property inventories, and records pertaining to youth. conducted by direct care staff; (a) The program shall maintain an official youth case 6. Transports away from the facility, including the names record for each youth that is comprised of two separate files as of staff and youth involved and the destination; follows: 7. Requests by law enforcement to access any youth; 1. An individual healthcare record that contains the youth’s medical, mental health, and substance abuse related 8. Removal of any youth from the mainstream population, information; and such as when a youth is placed on room restriction or 2. An individual management record that contains other controlled observation. pertinent information about the youth. The record’s file tab 9. Admissions and releases, including the name, date and shall provide the youth’s legal name, DJJ identification time of anticipated arrival or departure, and mode of number, date of birth, county of residence, and committing transportation; and offense. The youth’s JJIS face sheet and any JJIS special alerts 10. Information relating to escape or attempted escape shall be attached or filed in close proximity to the file tab. An incidents. individual management record shall be organized in the (b) Each logbook shall be a bound book with numbered following separate sections: pages.Every entry in a logbook shall be considered a a. Legal Information; permanent record; therefore, under no circumstances shall any b. Demographic and Chronological Information; logbook entry be obliterated or removed. An error in an entry shall be struck through with a single line and initialed by the c. Correspondence; person correcting the error. d. Case Management and Treatment Team Activities; and e. Miscellaneous. (b) The program shall clearly label each official youth case record, individual management record, and individual management record as confidential. All official youth case

Section II - Proposed Rules 5763 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 records shall be secured in a locked file cabinet or a locked NAME OF PERSON ORIGINATING PROPOSED RULE: room. The program shall clearly identify any file cabinet used Pamela Brantley, Residential Services, Policy Development to store official youth case records as confidential. and Planning (c) Each residential commitment program shall comply NAME OF SUPERVISOR OR PERSON WHO APPROVED with the records and confidential information provisions THE PROPOSED RULE: Rex Uberman, Assistant Secretary pursuant to Section 985.04, F.S. for Residential Services (d) The program shall transfer youth records when a youth DATE PROPOSED RULE APPROVED BY AGENCY is released, discharged, transferred to another residential HEAD: November 26, 2007 commitment program, or placed in a juvenile detention center. DATE NOTICE OF PROPOSED RULE DEVELOPMENT Transfer of youth records shall be handled as follows: PUBLISHED IN FAW: October 5, 2007 1. Within five working days of a youth’s release or discharge, the program shall transfer the complete official DEPARTMENT OF HEALTH youth case record to the departmental staff or contracted Board of Chiropractic provider assigned to provide the youth’s post-residential RULE NO.: RULE TITLE: services. The program shall transfer the original record unless, 64B2-18.008 Delegation of Professional due to federal auditing requirements, the program is required to Responsibilities retain any original documents. In this case, the program shall PURPOSE AND EFFECT: The purpose and effect of this new replace the originals required on site with complete copies. rule is to establish requirements governing the delegation of 2. The program shall ensure that the complete official professional responsibilities by chiropractic physicians. youth case record accompanies a youth transferred to another SUMMARY: Requirements governing the delegation of residential commitment program. The transferring program professional responsibilities by chiropractic physicians are shall send the original record unless, due to federal auditing established. requirements, the program is required to retain any original SUMMARY OF STATEMENT OF ESTIMATED documents. In this case, the program shall replace the originals REGULATORY COSTS: No Statement of Estimated required on site with complete copies. Regulatory Cost was prepared. 3. If a youth residing in a residential commitment program Any person who wishes to provide information regarding a is placed in a juvenile detention center, the program shall statement of estimated regulatory costs, or provide a proposal ensure that the youth’s complete individual healthcare record, for a lower cost regulatory alternative must do so in writing either the original record or a copy, accompanies the youth within 21 days of this notice. when transported. If the youth is subsequently returned to the SPECIFIC AUTHORITY: 460.413(1)(u), 460.405, residential program, the detention center shall return the 460.4165(12) FS. complete record at the time the youth is transported back to the LAW IMPLEMENTED: 460.413(1)(u), 460.4165(2),(10),(12), program. 460.4166(2) FS. (14) A residential commitment program shall maintain IF REQUESTED WITHIN 21 DAYS OF THE DATE OF confidentiality and not release any information to the general THIS NOTICE, A HEARING WILL BE SCHEDULED AND public about any youth. The program shall not allow the media ANNOUNCED IN THE FAW. to visit, interview youth or have access to youth records unless THE PERSON TO BE CONTACTED REGARDING THE the Secretary or his or her designee grants approval. When PROPOSED RULE IS: Joe Baker, Jr., Executive Director, seeking approval for a media request, the program director or Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin designee shall immediately contact the department's regional C07, Tallahassee, Florida 32399-3259 residential director or designee who shall process the request within the department and provide feedback to the program THE FULL TEXT OF THE PROPOSED RULE IS: director or designee as soon thereafter as is practicable. (15) A residential commitment program director shall 64B2-18.008 Delegation of Professional Responsibilities. immediately contact the department’s regional residential Before delegating professional responsibilities to any person, a director or designee to report the death of any youth residing in chiropractic physician shall provide on-the-job training or the program. The program director shall provide information as instruction for all services, modalities or procedures to be needed to enable the department to notify the youth’s parents performed unless the person to whom the delegation is being or legal guardian. made provides documentation of previously acquired Specific Authority 985.64, 985.601(3)(a) FS. Law Implemented competency. At a minimum, on-the-job training shall include 985.601(3)(a) FS. History–New______. step by step instruction or demonstration of each and every service, procedure, modality or machine until competency is

5764 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 established. The chiropractic physician shall maintain (b) Issuance of temporary permits to applicants for responsibility for all services performed pursuant to the licensure. delegation. (c) Certification of applicants for facility licensure. Specific Authority 460.413(1)(u), 460.405, 460.4165(12) FS. Law (b)(d) Approval of continuing education providers and Implemented 460.413(1)(u), 460.4165(2),(10),(12), 460.4166(2) FS. electrolysis training programs. History–New______. (2) The Board shall enter final orders in disciplinary cases against electrologists and electrology facility license holders. NAME OF PERSON ORIGINATING PROPOSED RULE: The determination of probable cause to issue an administrative Board of Chiropractic Medicine complaint against an electrologist or a electrology facility NAME OF SUPERVISOR OR PERSON WHO APPROVED license holder shall be made by the Probable Cause Panel of THE PROPOSED RULE: Board of Chiropractic Medicine the Board. DATE PROPOSED RULE APPROVED BY AGENCY (3) Rulemaking proposals, petitions for declaratory HEAD: November 2, 2007 statement and petitions to adopt, amend or repeal rules, which DATE NOTICE OF PROPOSED RULE DEVELOPMENT relate to the practice of electrology shall first be presented to PUBLISHED IN FAW: September 21, 2007 the Council. The Council shall consider the matter and make recommendations to the Board as to the appropriate action to DEPARTMENT OF HEALTH be taken. Board of Medicine Specific Authority 478.43(1) FS. Law Implemented 478.43(3) FS. RULE NOS.: RULE TITLES: History–New 5-31-93, Formerly 21M-75.003, Amended 11-16-93, 64B8-50.003 Delegation of Powers and Duties to Formerly 61F6-75.003, 59R-50.003, Amended______. Electrolysis Council 64B8-50.009 Certification of Public Records 64B8-50.009 Certification of Public Records. PURPOSE AND EFFECT: The proposed rule amendments are Any person desiring certification of any Board or Council intended to delete language in the rules which is not authorized documents from the custodian of records as official public by statute. records shall submit that request along with a certification fee SUMMARY: The proposed rule amendments delete language of $ 25. Normal duplicating fees shall also apply. which is not authorized by statute. Specific Authority 478.43(1) FS. Law Implemented 456.025(11) SUMMARY OF STATEMENT OF ESTIMATED 119.07(1) FS. History–New 5-31-93, Formerly 21M-75.009, REGULATORY COSTS: No Statement of Estimated 61F6-75.009, 59R-50.009, Amended______. Regulatory Cost was prepared. Any person who wishes to provide information regarding a NAME OF PERSON ORIGINATING PROPOSED RULE: statement of estimated regulatory costs, or provide a proposal Rules Committee, Board of Medicine for a lower cost regulatory alternative must do so in writing NAME OF SUPERVISOR OR PERSON WHO APPROVED within 21 days of this notice. THE PROPOSED RULE: Board of Medicine SPECIFIC AUTHORITY: 478.43(1) FS. DATE PROPOSED RULE APPROVED BY AGENCY LAW IMPLEMENTED: 456.025(11) FS. HEAD: October 6, 2007 IF REQUESTED WITHIN 21 DAYS OF THE DATE OF DATE NOTICE OF PROPOSED RULE DEVELOPMENT THIS NOTICE, A HEARING WILL BE SCHEDULED AND PUBLISHED IN FAW: November 9, 2007 ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF HEALTH PROPOSED RULES IS: Larry McPherson, Jr., Executive Board of Medicine Director, Board of Medicine/MQA, 4052 Bald Cypress Way, RULE NOS.: RULE TITLES: Bin # C03, Tallahassee, Florida 32399-3253 64B8-51.001 Manner of Application 64B8-51.003 Documentation for Licensure THE FULL TEXT OF THE PROPOSED RULES IS: PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify the language with regard to application for 64B8-50.003 Delegation of Powers and Duties to licensure and to delete language in the rules which is not Electrolysis Council. authorized by statute. (1) Pursuant to Section 478.43, F.S. , the Board delegates SUMMARY: The proposed rule amendments clarify language to the Electrolysis Council the following powers and duties. with regard to the application process and deletes language (a) Certification of applicants for examination and which is not authorized by statute. applicants for endorsement.

Section II - Proposed Rules 5765 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

SUMMARY OF STATEMENT OF ESTIMATED Specific Authority 478.43(1), (4) FS. Law Implemented 478.45 FS. REGULATORY COSTS: No Statement of Estimated History–New 5-31-93, Formerly 21M-76.001, Amended 11-10-93, Regulatory Cost was prepared. Formerly 61F6-76.001, Amended 5-29-96, Formerly 59R-51.001, Amended 12-23-97, 5-28-00, 8-9-01, 2-15-04, 10-31-05,______. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal 64B8-51.003 Documentation for Licensure. for a lower cost regulatory alternative must do so in writing (1) In order to establish that an applicant is at least 18 within 21 days of this notice. years old, a copy of one of the following shall be submitted: SPECIFIC AUTHORITY: 478.43(1), (4) FS. (a) Birth certificate, LAW IMPLEMENTED: 478.45 FS. (b) Passport, IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (c) Driver’s license. THIS NOTICE, A HEARING WILL BE SCHEDULED AND (2) In order to establish that an applicant has a high school ANNOUNCED IN THE FAW. diploma or a graduate equivalency diploma, a notarized copy THE PERSON TO BE CONTACTED REGARDING THE of the diploma shall be submitted. An applicant from a foreign PROPOSED RULES IS: Larry McPherson, Jr., Executive country who does not have a high school diploma or graduate Director, Board of Medicine/MQA, 4052 Bald Cypress Way, equivalency diploma shall submit equivalent documentation Bin # C03, Tallahassee, Florida 32399-3253 from a credentialling agency. THE FULL TEXT OF THE PROPOSED RULES IS: Specific Authority 478.43(1), (4) FS. Law Implemented 478.45 FS. History–New 5-31-93, Formerly 21M-76.003, 61F6-76.003, 64B8-51.001 Manner of Application. Amended 7-14-96, Formerly 59R-51.003, Amended______. (1) All persons applying for licensure as an electrologist NAME OF PERSON ORIGINATING PROPOSED RULE: shall submit a signed application to the Executive Director of Rules Committee, Board of Medicine the Council on forms provided by the Council and approved NAME OF SUPERVISOR OR PERSON WHO APPROVED and incorporated herein by reference by the Board as Form THE PROPOSED RULE: Board of Medicine DOH/MQA/EO APP/REV-04/03, entitled “Application for Electrologist Licensure”, effective 2-15-04, which can be DATE PROPOSED RULE APPROVED BY AGENCY obtained from the Council. The initial application must be HEAD: October 6, 2007 accompanied by the application fee, as set forth in Rule DATE NOTICE OF PROPOSED RULE DEVELOPMENT 64B8-51.007, F.A.C. PUBLISHED IN FAW: November 9, 2007 (2) All applications must include an official transcript from a school of electrology which identifies the credits taken DEPARTMENT OF HEALTH by home study or correspondence courses and those taken in Board of Nursing classroom settings. RULE NO.: RULE TITLE: (3) All applications for licensure by examination shall be 64B9-15.008 Testing and Competency Evaluation filed with the Executive Director of the Council and shall be PURPOSE AND EFFECT: The purpose and effect is to amend completed at least 120 90 days prior to the examination. the rule in response to and in accordance with Department of Applications filed after the deadline may be considered at the Health Testing Services request. next meeting of the Council. SUMMARY: The rule is amended in response to and in (4) The application and fee may not be used for more than accordance with Department of Health Testing Services one year from the date of original submission of the application request. and fee if the application remains incomplete or the applicant SUMMARY OF STATEMENT OF ESTIMATED has not taken at least one administration of the examination for REGULATORY COSTS: No Statement of Estimated licensure. If such application remains incomplete or the Regulatory Cost was prepared. applicant has not taken at least one administration of the Any person who wishes to provide information regarding a examination for licensure during the one year period, then the statement of estimated regulatory costs, or provide a proposal application shall be closed and the applicant shall be required for a lower cost regulatory alternative must do so in writing to reapply for licensure. within 21 days of this notice. (5) Any applicant who has not passed the state SPECIFIC AUTHORITY: 464.202, 464.203 FS. examination within three (3) administrations immediately LAW IMPLEMENTED: 464.202, 464.203, 464.2085 FS. following the date on which the Council initially approved the IF REQUESTED WITHIN 21 DAYS OF THE DATE OF applicant for examination must successfully complete THIS NOTICE, A HEARING WILL BE SCHEDULED AND twenty-five (25) hours of academic training and reapply for ANNOUNCED IN THE FAW. licensure.

5766 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

THE PERSON TO BE CONTACTED REGARDING THE Specific Authority 464.202, 464.203 FS. Law Implemented 464.202, PROPOSED RULE IS: Rick Garcia, Executive Director, 464.203, 464.2085 FS. History–New 5-25-03, Amended 6-26-05, Board of Nursing, 4052 Bald Cypress Way, Bin C07, ______. Tallahassee, Florida 32399-3259 NAME OF PERSON ORIGINATING PROPOSED RULE: THE FULL TEXT OF THE PROPOSED RULE IS: Board of Nursing NAME OF SUPERVISOR OR PERSON WHO APPROVED 64B9-15.008 Testing and Competency Evaluation. THE PROPOSED RULE: Board of Nursing (1) No change. DATE PROPOSED RULE APPROVED BY AGENCY (2) The general areas of competency of the Written Exam HEAD: October 11, 2007 are as follows: DATE NOTICE OF PROPOSED RULE DEVELOPMENT (a) Role of the Nursing Assistant; PUBLISHED IN FAW: November 9, 2007 (b) Promotion of Health and Safety; (c) Promotion of Function and Health of Residents; DEPARTMENT OF HEALTH (d) Basic Nursing Care Provided for Residents with Board of Optometry Changes in Health Skills; and RULE NO.: RULE TITLE: (e) Specific Care Provided for Residents with Changes in 64B13-3.003 Patient Records; Transfer or Death of Health Providing Specialized Care. Licensed Practitioner (3) The Board adopts a passing score as set by the PURPOSE AND EFFECT: The purpose of the amendment is National Nurse Aide Examination Council The minimum to clarify that electronic signatures meet the requirements for passing level of the Written Exam varies depending on the medical records and set forth the type of electronic signatures difficulty of the items for each form of the examination and that meet the requirements of the rule. will be established by the Board. SUMMARY: This rule amendment clarifies that electronic (4) The Clinical Skills Test includes three of the following signatures meet the requirements for medical records and set tasks in addition to hand washing and indirect care: forth the type of electronic signatures that meet the requirements of the rule. (a) Personal Care: SUMMARY OF STATEMENT OF ESTIMATED 1. Perineal Care Male and Female; REGULATORY COSTS: No Statement of Estimated 2. through 9. No change. Regulatory Cost was prepared. 10. Change Occupied Bed; and Any person who wishes to provide information regarding a 11. Foot Care. statement of estimated regulatory costs, or provide a proposal (b) Promotion of Promoting Function, Health, and Safety: for a lower cost regulatory alternative must do so in writing 1. through 2. No change. within 21 days of this notice. 3. Range of Motion for Upper Extremity Extremities; and SPECIFIC AUTHORITY: 456.058, 463.005(1)(a), (d) FS. 4. Range of Motion for Lower Extremity; Extremities. and LAW IMPLEMENTED: 456.057, 456.058, 463.005(1)(a), (d) 5. Ambulation. FS. (c) Environmental Activities – Changing an Occupied IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Bed. THIS NOTICE, A HEARING WILL BE SCHEDULED AND (c)(d) Reporting and Recording: ANNOUNCED IN THE FAW. 1. Measure and Record Pulse and Respirations Vital Signs; THE PERSON TO BE CONTACTED REGARDING THE 2. No change. PROPOSED RULE IS: Joe Baker, Jr., Executive Director, 3. Measure and Record Content of Urinary Drainage Bag;. Board of Optometry, 4052 Bald Cypress Way, Bin C07, and Tallahassee, Florida 32399-3259 4. Measure and Record Blood Pressure. THE FULL TEXT OF THE PROPOSED RULE IS: (5) through (6) No change. (7) The Clinical Skills Observers for the Clinical Skills 64B13-3.003 Patient Records; Transfer or Death of Test must meet the following criteria: Licensed Practitioner. (a) No change. (1) The licensed practitioner must legibly sign the entry in (b) Have at least one year of experience in the provision of his or her records for each patient encounter. If the practitioner long-term care or caring for the chronically ill of any age; maintains electronic patient records, the practitioner may affix (c) through (d) No change. an electronic signature which can be generated by using either public key infrastrucure or signature dynamics technology, and meets the following criteria:

Section II - Proposed Rules 5767 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(a) The electronic signature is unique to the person using Any person who wishes to provide information regarding a it; statement of estimated regulatory costs, or provide a proposal (b) The electronic signature is capable of verification; for a lower cost regulatory alternative must do so in writing (c) The electronic signature is under the sole control of the within 21 days of this notice. person using it; SPECIFIC AUTHORITY: 490.004(4), 947.005(9), 948.001(6) (d) The electronic signature is linked to the record in such FS. a manner that the electronic signature is invalidated if any data LAW IMPLEMENTED: 947.005(9), 948.001(6) FS. in the record are changed. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (2)(1) A licensed practitioner shall maintain full and THIS NOTICE, A HEARING WILL BE SCHEDULED AND independent responsibility and control over all records relating ANNOUNCED IN THE FAW. to his or her patients and his or her optometric practice. The THE PERSON TO BE CONTACTED REGARDING THE licensed practitioner must legibly sign the entry for each PROPOSED RULE IS: Susan Love, Executive Director, Board patient encounter. All such records shall remain confidential of Psychology, 4052 Bald Cypress Way, Bin #C05, except as otherwise provided by law and shall be maintained Tallahassee, Florida 32399-3253 by the licensed practitioner in compliance with Rule 64B13-3.001, F.A.C. For the purposes of this rule, “maintain THE FULL TEXT OF THE PROPOSED RULE IS: full and independent responsibility and control” means that the 64B19-18.001 Qualifications to Evaluate and Treat Sex records shall be maintained in the licensed practitioner’s office Offenders as a “Qualified Practitioner”. or solely in the possession of the licensed practitioner, and that Prior to holding oneself out as a “Qualified Practitioner,” the licensed practitioner shall not share, delegate, or relinquish either possession of the records or his or her responsibility or eligible to evaluate and treat sex offenders, complete a “risk control over those records with or to any entity which is not assessment” or prepare a “safety plan,” as defined in Sections itself a licensed practitioner. 947.005(9), (10), (11), and 948.001(6), (7), (8), F.S., a Florida licensed psychologist shall demonstrate specialized knowledge (2) through (7) renumbered (3) through (8) No change. in the field. Specialized knowledge shall be demonstrated by Specific Authority 456.058, 463.005(1)(a), (d) FS. Law Implemented completing education or training in each of the following 456.057, 456.058, 463.005(1)(a), (d) FS. History–New 11-13-79, areas: Amended 12-19-84, 4-8-85, Formerly 21Q-3.03, Amended 12-16-86, (1) Theory and research regarding the etiology and 7-11-88, Formerly 21Q-3.003, 61F8-3.003, Amended 2-14-96, diagnostic information regarding sexual deviance and Formerly 59V-3.003, Amended 3-29-98, 4-3-00, 1-2-02, 11-16-05, ______. associated conditions. Among the conditions that are the main focus of this area of practice emphasis are those such as: NAME OF PERSON ORIGINATING PROPOSED RULE: (a) Paraphilias; Board of Optometry (b) Impulse control disorders; NAME OF SUPERVISOR OR PERSON WHO APPROVED (c) Psychopathy; THE PROPOSED RULE: Board of Optometry (d) Psychoactive substance abuse/dependence; DATE PROPOSED RULE APPROVED BY AGENCY (e) General criminal behaviors; and HEAD: October 19, 2007 (f) Cognitive and developmental impairment of sexual DATE NOTICE OF PROPOSED RULE DEVELOPMENT offenders; PUBLISHED IN FAW: November 9, 2007 (2) Theory and research regarding evaluation, risk assessment and treatment of sex offenders; DEPARTMENT OF HEALTH (3) Theory and research regarding physiological measures Board of Psychology of sexual arousal; RULE NO.: RULE TITLE: (4) Legal and ethical issues in the evaluation and treatment 64B19-18.001 Qualifications to Evaluate and Treat of sex offenders; and Sex Offenders as a “Qualified (5) Adherence to the continuing psychological education Practitioner” requirements governing “Qualified Practitioners,” set forth in PURPOSE AND EFFECT: The Board proposes to repeal the subsection 64B19-13.003(5), F.A.C. rule due to statutory changes. SUMMARY: The rule will be repealed due to statutory Specific Authority 490.004(4), 947.005(9), 948.001(6) FS. Law Implemented 947.005(9), 948.001(6) FS. History–New 10-23-06, changes. Repealed ______. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

5768 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

NAME OF PERSON ORIGINATING PROPOSED RULE: DATE AND TIME: January 9, 2008, 9:00 a.m. Board of Psychology PLACE: Department of Health, 4042 Bald Cypress Way, NAME OF SUPERVISOR OR PERSON WHO APPROVED Tallahassee, Room 301, Tallahassee, Florida THE PROPOSED RULE: Board of Psychology Pursuant to the provisions of the Americans with Disabilities DATE PROPOSED RULE APPROVED BY AGENCY Act, any person requiring special accommodations to HEAD: October 26, 2007 participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by DEPARTMENT OF HEALTH contacting: Michelle Kearney, (850)245-4240. If you are Division of Environmental Health hearing or speech impaired, please contact the agency using the RULE NOS.: RULE TITLES: Florida Relay Service, 1(800)955-8771 (TDD) or 64E-8.001 Definitions 1(800)955-8770 (Voice). 64E-8.002 Limited Use Public Water System THE PERSON TO BE CONTACTED REGARDING THE Construction PROPOSED RULES IS: Michelle Kearney, (850)245-4240, or 64E-8.003 Private and Multi-family Water [email protected] System Construction 64E-8.004 Annual Operating Permits, Existing THE FULL TEXT OF THE PROPOSED RULES IS: Systems, Systems Constructed on 64E-8.001 Definitions. or after 1/1/93, Annual Inspections (1) “Abandoned wWater wWell” – a well the use of which and Registrations has been permanently discontinued or which is in such a state 64E-8.005 Operation and Maintenance of disrepair that it cannot be used for its intended purpose. 64E-8.006 Water Quality Standards and Monitoring for Limited Use Public (2) “Alteration” – a change, addition or deletion of the Water Systems water system capacity, water system storage, distribution, or 64E-8.007 Corrective Actions water treatment equipment. 64E-8.008 Public Notification (2)(3) “Construction plan” – a schematic drawing of the 64E-8.009 Variances water system components’ arrangement and connections, 64E-8.010 Prohibited Acts which specifies each component’s model, brand, size, and 64E-8.011 Services Provided capacity, and the length and size of water pipes. 64E-8.012 Schedule of Fines (3)(4) “Contaminant sSource” – any minor source such as 64E-8.013 Cross-Connection Control abandoned water wells, flooded areas, reclaimed water PURPOSE AND EFFECT: To revise and update technical distribution systems, sewage collection systems excluding sections, to correct errors that have resulted over time, and to plumbing, onsite sewage treatment and disposal systems, clarify definitions, phrases and requirements that are difficult underground pollutant or petroleum storage and piping to understand. These changes will make the rules more easily facilities or other minor sources recognized by well permitting understandable for the regulated community and regulatory agencies; and major sources such as animal feedlots, sewage officials. treatment systems, sewage, septage or wastewater treatment SUMMARY: Revision to update and clarify definitions, fees, plant residuals disposal areas, and solid waste disposal and standards for water system construction, well setbacks, facilities. permits, registration, testing, MCLs, and reporting. (4)(5) “Cross-cConnection” – any physical arrangement SUMMARY OF STATEMENT OF ESTIMATED whereby a potable water system is connected, directly or REGULATORY COSTS: No Statement of Estimated indirectly with any other water supply system, sewer, drain, Regulatory Cost was prepared. conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, Any person who wishes to provide information regarding a sewage or other waste or liquid of unknown or unsafe quality statement of estimated regulatory costs, or provide a proposal which may contaminate the potable supply as a result of for a lower cost regulatory alternative must do so in writing backflow or back siphonage. Bypass arrangements, jumper within 21 days of this notice. connections, removable sections, swivel or changeable devices SPECIFIC AUTHORITY: 381.006, 403.862(1)(f) FS. and other temporary or permanent devices through which or LAW IMPLEMENTED: 381.006(1), 381.0061, 381.0062, because of which backflow can occur are considered to be 381.0202(3), 381.0067, 403.862(1)(f) FS. cross- connections. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (6) “Culinary” – of or relating to the preparation and THIS NOTICE, A HEARING WILL BE HELD AT THE service of food, beverages, and dishwashing. DATE, TIME AND PLACE SHOWN BELOW (IF NOT (7) “Dermal contact” – contact with the skin. REQUESTED, THIS HEARING WILL NOT BE HELD):

Section II - Proposed Rules 5769 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(5)(8) “Disinfectant” – any oxidant, for example: chlorine, (12) “Multifamily Water System” – a water system that chlorine dioxide, chloramine or a process applied to water, in provides piped water to three (3) or four (4) residences, one of any part of the treatment or distribution system, that is intended which may be a rental residence. Examples include but are not to kill or inactivate pathogenic organisms. limited to water systems that serve the following: (6)(9) “Establishment” – a non-residential building or (a) Three (3) or four (4) owner-occupied residences. premise. This term excludes residential-based businesses (b) Two (2) or three (3) owner-occupied residences plus where there is no public consumption, or where patrons do not one (1) rental residence. visit, and where provided that they are not staffed by (c) Three (3) or four (4) residences on a property, where non-resident employees work no more than as often as once one (1) residence is occupied by the property owner and the per week. This term also excludes non-residential locations remaining residences on the property are occupied by where there is no public consumption, where patrons do not non-renting family members of the property owner. visit, and where employees work no more than once per week. (d) Three (3) or four (4) residences on a property, where (7)(10) “Existing sSystem” – a water system that was one (1) residence is occupied by the property owner, one (1) constructed and initially placed in service prior to January 1, residence is a rental residence, and the remaining residences on 1993. the property are occupied by non-renting family members of (8) “Health Advisory Level” (HAL) – the maximum the property owner. recommended level of a contaminant in potable water based on (13)(11) “Rental rResidence” – a structure or part of a human health concerns, as determined by the Florida structure that is rented for use as a home, residence, or sleeping Department of Health. A list of the chemicals and their place by one or more persons, or a mobile home rented by a established HALs are listed in the Florida Department of tenant. This term does not apply to facilities offering transient Health Environmental Chemistry Analyte List, 10/30/07, residency such as a public lodging establishment. This term available from the Department of Health, Division of applies to a residence occupied by one or more persons other Environmental Health/Water Programs at: 4052 Bald Cypress than the property owner as documented on the warranty deed, Way, Bin C22, Tallahassee, FL 32399-1742, or regardless of the occupant’s relationship to the owner, except www.doh.state.fl.us/environment/community/health-advisory/ as described in the examples of Multifamily Water Systems in HAL_list.pdf. paragraphs (12)(c) and (d) above with regards to non-renting (9) “Limited Use Public Water System” – a public water family members. This term also includes other facilities where system not covered or included in the Florida Safe Drinking residency or detention is incidental to the provision of Water Act. This includes but is not limited to water systems employment or medical, geriatric, educational, counseling, that serve the following: religious, or similar services, where each bed in such facilities (a) Two (2) or more rental residences or five (5) or more shall be considered a rental residence. This term does not apply non-rental residences, but no more than fourteen (14) service to facilities offering transient residency such as a public connections and no more than twenty-four (24) persons; lodging establishment. (b) An establishment that serves any number of persons (14)(12) “Repair” – replacement of the components in a for less than sixty (60) days per year, or no more than potable water system with components of equivalent capacity twenty-four (24) persons for any number of days per year, or; and intended function. (c) An establishment that serves any number of persons for (15)(13) “Sanitary sSurvey” – a combination inspection any number of days per year provided that the system serves no and review of the water source, potential contaminant sources,; more than twenty-four (24) of the same persons for six (6) or system construction and operation including monitoring more months per year and there is no oral consumption of the compliance and consumption characteristics; and maintenance water by the transient population. Oral consumption includes to evaluate the system's capacity to provide potable water. but is not limited to consumption of the water through water (16)(14) “Site pPlan” – a plan-view drawing, drawn to fountains, cups, water-based beverages, dishwashing and water scale or with actual dimensions noted, of the subject property used in food preparation. Oral consumption does not include and the surrounding area, which locates the water source and industrial food or beverage processing. Transient populations system, existing and proposed major contaminant sources include but are not limited to customers, clients, flow-through within one-thousand (1000) feet, existing and proposed minor traffic and church attendees. contaminant sources within two-hundred (200) feet, the slope (10) “Maximum Contaminant Level” (MCL) – the of land between the water and contaminant sources, and the maximum permissible level of a contaminant in potable water location of existing and proposed structures on the property. delivered to consumers. (17)(15) “Source wWater” – raw water as it enters the (11) “Modification” – a change, addition, or deletion of water system. the water system capacity, source, pumping, storage, distribution, or treatment equipment.

5770 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(18) “Supplier” – the person(s), company, corporation or (b) A $90 processing fee. For newly constructed systems, entity that owns or operates a Limited Use Public Water this fee shall also serve as the annual operating permit fee for System or Multifamily Water System. the first year, or portion thereof, as described in Rule (19)(16) “Water sSystem” – the mechanical and electrical 64E-8.004, F.A.C. assembly of one or more pumps, pipes, storage structures, (a) Wells shall be located upgradient of contaminant treatment equipment, and distribution network meant to sources, unless sanitary or safety concerns prevent this provide water to the plumbing of a building or premise. For the placement. purposes of this chapter rule, except as described in subsection (b) Abandonment of wells is required per Rule 64E-8.007(8), F.A.C., a water system does not include the well 62-532.440, F.A.C. or any connections after a the master water meter where the (3) Water systems shall be equipped with: water is obtained from a public water system that is covered or (a) A conveniently accessible, non-threaded downward included in the Florida Safe Drinking Water Act, the water is opening tap, located at least twelve (12) inches above grade not treated, collected or resold after the master water meter, between the source and any storage or treatment equipment. and the end user is not a carrier which conveys passengers in (b) A working pressure gauge. interstate commerce. (c) A six (6) foot by six (6) foot by four (4) inch thick Specific Authority 381.0011(4),(13), 381.006, 381.0062(1),(3)(a), concrete apron centered around the well. 403.862(1)(f) FS. Law Implemented 381.006(1),(2), 381.0062(1)-(3), (d) An aboveground check valve between the raw water 403.862(1)(f) FS. History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.024, Amended 1-26-98, 1-24-00,______. source tap and the disinfectant injection point (for systems with chemical disinfection). (Substantial rewording of Rule 64E-8.002 follows. See Florida (e) A well vent as described in paragraph Administrative Code for present text.) 62-555.320(8)(c), F.A.C., for well pumps installed under a water system construction permit issued by the Department on 64E-8.002 Limited Use Public Water System Construction. or after the effective date of this chapter, unless the criteria for exemption listed in that section are met. No person shall construct a new water well to supply a Limited Use Public Water System unless a well construction permit has (4) Systems shall be sized and designed as follows, unless been issued by the appropriate water management district or designed by a professional engineer: their delegated well permitting agents, in accordance with Rule (a) Calculate Peak Demand (PD) as follows: 62-532.400, F.A.C. and Chapter 40A-3, B-3, C-3, D-3, or E-3, PD = (GPD/T) x 0.1 + IF, where: F.A.C. All wells serving Limited Use Public Water Systems PD is Peak Demand in Gallons per minute (GPM); must be constructed in accordance with Rule 62-532.500, GPD is projected Gallons per day from section 64E-6.008, F.A.C. and Chapter 40A-3, B-3, C-3, D-3, or E-3, F.A.C. F.A.C., Table I; (1) To apply for new construction or modification of a T is daily time of system operation in hours (Use sixteen Limited Use Public Water System, an applicant must complete (16) for limited use community systems or facilities open ten Form DH 4092B, Application for Limited Use and (10) or more hours per day; use eight (8) for all other Multifamily Water System Construction Permit. Form DH facilities); 4092B, effective 9/07, is hereby adopted and incorporated by IF is the Irrigation flow factor (Use five (5) if site has lawn reference, and can be obtained from the Department of Health, or landscaping; use zero (0) if site has none). Division of Environmental Health/Water Programs at: 4052 (b) Minimum storage tank size: Bald Cypress Way, Bin C22, Tallahassee, Florida 32399-1742, 1. A hydropneumatic tank shall be at least ten (10) times at www.doh.state.fl.us/environment/water/manual/encl1.htm, the PD. For a flexible diaphragm or bladder tank, the amount or from the County Health Department (CHD). The applicant of water delivered between pump shutdown and start shall must submit a completed Form DH 4092B to the Department equal or exceed the PD. Therefore: along with: Gross Storage Tank Volume, no disinfection = PD × 10 (2) Distances between contaminant sources and potable Drawdown Volume, bladder tank = PD water supply wells shall be maintained as specified in 2. Beginning on the effective date of this chapter, where subsection 62-532.400(7), F.A.C., Water Well Permitting and continuous disinfection is required for groundwater supplied Construction Requirements. systems to remove confirmed microbiological contamination, (a) Two (2) copies of a site plan and two (2) copies of a Table 1 shall be used to determine the minimum water contact construction plan. Each such plan shall be a minimum size of time and free chlorine residual concentration needed at various 8.5 x 11 inches and of sufficient clarity for reproduction. water temperatures:

Section II - Proposed Rules 5771 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Table 1: Minimum Free Chlorine Residual (mg/L) (a) Inside pipe diameter size requirements are as listed in Table 2, unless designed by a professional engineer: Water Temperature1 Table 2: Minimum Water System Pipe Size Contact 1 2 Time 36°F 41.0°F 50.0°F 59.0°F 68.0°F 77.0°F For GPM up to: Or length up to: Use pipe diameter: 15 NA NA NA 2.7 2.0 1.4 minutes 6 50’ 1/2” 30 3.5 2.7 2.0 1.4 1.0 0.7 10 100’ 3/4” minutes 45 2.4 1.8 1.4 0.9 0.7 0.5 15 200’ 1” minutes 25 300’ 1 1/4” Table 1 Notes: 35 400’ 1 1/2” Above values are based on a water pH of no greater than 9.0 60 600’ 2” and a baffling factor of 0.1 (no baffling). Water temperature, 90 800’ 2 1/2” pH and free chlorine residuals are based on the water exiting the contact tank. 125 1000’ 3” 1 For initial design of disinfection systems, use the coldest Table 2 Notes: anticipated water temperature exiting the contact tank. These figures prevent water velocity from exceeding six (6) a. Therefore, the effective water contact volume for feet per second, and pressure loss from exceeding twenty (20) groundwater supplied systems shall be a minimum of either pounds per square inch per one-hundred (100) feet of pipe at fifteen (15) or thirty (30) times the PD (to achieve a minimum peak demand based upon Hazen & Williams friction loss tables water contact time of either 15 or 30 minutes with the using constant = 150. disinfectant at peak demand flow, based on Table 1 values). 1 b. The effective water contact volume in hydropneumatic Use Gallons per minute flow from Peak Demand calculation tanks shall be no more than 50% of the gross hydropneumatic in section (4) above. tank volume, therefore: 2 Distribution pipe lengths shall be summed to find the length Gross Hydropneumatic Tank Volume = PD x Contact factor in column two. Time/0.5 (b) Potable water pipes shall be no closer than five (5) feet c. A flexible diaphragm or bladder storage tank may not be horizontally to building sewer pipes and effluent transmission used as a contact tank. lines of an onsite sewage treatment and disposal system d. 100% of the volume of a second, airless retention tank (OSTDS) as defined in Rule 64E-6.002, F.A.C. This separation may be considered effective volume. shall not apply where all portions of the bottom of the water e. Influent and effluent contact tank piping shall enter and pipe within five (5) feet of the sewer pipe are a minimum of exit at opposite ends of the longest tank dimension. twelve (12) inches above the top of the sewer pipe, or the water (c) Pump capacity shall be as large as the PD. pipe is sealed with a waterproof sealant within a sleeve of (d) Filtration to remove oxidation precipitates shall be similar or stronger material pipe to a distance of at least five (5) required if they invalidate microbiological tests. feet from the nearest portion of the sewer pipe. (e) Beginning on the effective date of this chapter, systems (c) Potable water pipes shall meet all separation supplied by surface water or cisterns, and systems supplied by requirements to sanitary or storm sewers, wastewater or groundwater where continuous disinfection is required but is stormwater force mains, and reclaimed water pipelines as not designed according to Table 1 above, must be designed by described in Rule 62-555.314, F.A.C. a professional engineer and must include treatment designed (d) Potable water pipes shall be no closer than ten (10) feet according to Chapters 3 and 4 of the Guidance Manual for horizontally to an OSTDS unless such water pipes are sealed Compliance with the Filtration and Disinfection Requirements with a waterproof sealant within a sleeve of similar or stronger for Public Water Systems Using Surface Water Sources, March material pipe to a distance of at least ten (10) feet from the 1991 Edition, available from the U.S. Environmental nearest portion of the OSTDS. In no case shall the sleeved Protection Agency (EPA) at: Office of Groundwater and water pipe be located within twenty-four (24) inches laterally Drinking Water (4601), Ariel Rios Building, 1200 of the OSTDS. Water pipes within five (5) feet of a drainfield Pennsylvania Avenue NW, Washington, DC, 20460-0003, or shall not be located at an elevation lower than the drainfield www.epa.gov/safewater/mdbp/implement.html. All such plans absorption surface. must be reviewed and approved by the Department’s Bureau of (e) Both new and replacement pipes shall be no more than Water Programs. 8.0% lead, and new and replacement flux or solders shall be no (5) Piping: more than 0.2% lead.

5772 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(6) All equipment shall be installed and operated in The results of such analyses shall not exceed the Maximum accordance with manufacturer's instructions and specifications. Contaminant Levels (MCL) or Health Advisory Levels (HAL) Only food or water-grade chemicals, equipment and materials listed in subsection 64E-8.006(2), F.A.C. shall be used. These items shall meet the standards of the U.S. (10) To obtain approval to place a new or modified Food and Drug Administration under Title 21 of the Code of Limited Use Public Water System into service, the applicant Federal Regulations (CFR) Parts 170-199, and pertinent must submit a completed Form DH 4092A, Application for Federal Registers; or meet the National Sanitation Limited Use Public Water System Operation, and obtain either Foundation/American National Standards Institute, NSF/ANSI an annual operating permit, or a Registration exemption as Standard 60-2005, entitled Drinking Water Treatment described in subsection 64E-8.004(5), F.A.C. Form DH Chemicals – Health Effects, and NSF/ANSI Standard 61-2007, 4092A, effective 9/07, is hereby adopted and incorporated by entitled Drinking Water System Components – Health Effects, reference, and can be obtained from the Department of Health, available from NSF International at P. O. Box 130140, Ann Division of Environmental Health/Water Programs at: 4052 Arbor, Michigan, 48113-0140; or meet the standards of another Bald Cypress Way, Bin C22, Tallahassee, Florida 32399-1742, ANSI accredited testing and certification organization. at www.doh.state.fl.us/environment/water/manual/encl1.htm, or (7) The Department shall issue a permit to construct or from the CHD. modify a Limited Use Public Water System provided that: (a) The Department shall then issue an annual operating (a) All items in subsection (1) above have been submitted. permit or a Registration provided that: (b) All submitted plans and application materials meet the 1. The Department has inspected the system and has criteria listed in subsections (2) through (6) above. verified that it was constructed according to the approved (c) The Department has performed a sanitary survey and plans, in compliance with this section, and meets the operating has verified that the actual site conditions are as indicated on and maintenance standards of Rule 64E-8.005, F.A.C. the submitted plans and application materials and meet the 2. Satisfactory results of the analyses listed in subsection criteria listed in subsection (2) above. (9) above have been submitted. (8) Water system construction or modification permits are 3. A copy of the well completion report prepared per Rule valid for eighteen (18) months. An extension of time to 62-532.410, F.A.C., has been submitted. complete construction or modification shall be granted for a (b) If deficiencies are found, written notice shall be period of ninety (90) days if the Department receives a written provided to the applicant by the Department. Deficiencies shall request from the applicant prior to expiration of the be corrected within ninety (90) days of the expiration date of construction permit and the conditions under which the the construction or modification permit, unless a time original construction permit was granted have not changed. extension is granted in writing by the Department. (9) Upon completion of water system construction or (c) Re-inspection requests must be accompanied by a $40 modification, the applicant shall perform a water quality fee. clearance as follows: Specific Authority 381.0011(4,13), 381.006, 381.0062(1),(3)(a), (a) Microbiological analysis of five (5) source water 403.862(1)(f) FS. Law Implemented 381.0012, 381.0061, 381.0067, samples: 381.006(1),(2), 381.0062(1)-(3), 403.862(1)(f) FS. History–New 1. One (1) source water sample shall be collected per day 1-1-93. Amended 8-20-96, Formerly 10D-4.025, Amended 1-26-98, for five (5) days within a period of twenty-three (23) 1-24-00, 11-13-00, 10-7-02,______. consecutive days. Collection of two (2) samples per day is (Substantial rewording of Rule 64E-8.003 follows. See Florida permitted if collected six (6) hours apart and the pump is run at Administrative Code for present text.) rated capacity for at least fifteen (15) minutes before each collection. 64E-8.003 Private and Multi-family Water System 2. No more than one (1) of these five (5) samples and Construction. neither of the last two of these samples shall reveal the Any new or modified Multifamily Water System, any presence of coliform bacteria. Multifamily Water System that was constructed and initially (b) One (1) microbiological analysis of a remote placed into service on or after January 1, 1993 that did not distribution water sample per day for two (2) consecutive days. obtain construction approval from the Department at the time (c) One (1) Lead analysis of a first draw water sample of construction, or any water system that was constructed and collected from an indoor tap after the water has been initially placed into service on or after January 1, 1993 that is now being converted into a Multifamily Water System, must undisturbed in the plumbing for at least six (6) hours. obtain construction approval from the Department and is (d) One (1) Nitrate (Nitrate as N) analysis of a source subject to the following requirements: water sample. (e) Any analyses required per subsection 64E-8.006(4) or Rule 64E-8.007, F.A.C.

Section II - Proposed Rules 5773 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(1) All new potable wells serving Private or Multifamily (6) Upon request by the applicant, the Department shall Water Systems must be constructed in accordance with Rule inspect to determine if the Multifamily System has been 62-532.500, F.A.C. and Chapter 40A-3, B-3, C-3, D-3 or E-3, constructed in compliance with the approved plans and with and shall be separated from major contaminant sources per this section. Upon a satisfactory inspection by the Department, subsection 64E-8.002(2), F.A.C. receipt of satisfactory results of the analyses listed in section (a) Multifamily Water Systems must also meet the criteria (5) above, and receipt of a copy of the well completion report in subsections 64E-8.002(4), (5) and (6), F.A.C. prepared per Rule 62-532.410, F.A.C., the Department shall (b) Private Water Systems must also meet the criteria in issue written approval to operate the Multifamily Water paragraph 64E-8.002(5)(e) and subsection (6), F.A.C. System. (2) To apply for Multifamily Water System construction or (a) If deficiencies are found, written notice shall be modification approval, an applicant must complete and submit provided to the applicant by the Department. Deficiencies shall Form DH 4092B, effective 9/07, to the Department along with: be corrected within ninety (90) days of the expiration date of (a) Two (2) copies of a site plan and two (2) copies of a the construction permit, unless a time extension is granted in construction plan. Each such plan shall be a minimum size of writing by the Department. 8.5 x 11 inches and of sufficient clarity for reproduction. (b) Re-inspection requests must be accompanied by a $40 (b) A $75 processing fee. fee. (3) The Department shall issue a permit to construct or (7) An Existing water system supplied by a domestic well modify a Multifamily Water System provided that: that was constructed and initially placed into service prior to (a) All items in subsection (2) above have been submitted. January 1, 1993 and that is now being converted into a (b) All submitted plans and application materials meet the Multifamily Water System, must obtain approval to operate the criteria listed in subsection (1) above for Multifamily Water converted Multifamily System. Systems. (a) Such converted Multifamily Water Systems shall meet (c) The Department has performed a sanitary survey and the minimum setback distances listed in subsection (1) above has verified that the actual site conditions are as indicated on except that a system supplied by a well constructed prior to the submitted plans and application materials and meet the January 1, 1972 that is greater than or equal to fifty (50) feet criteria listed in subsection (1) above for Multifamily Water from an OSTDS shall be accepted without a variance. Systems. (b) To obtain approval to operate such a converted (4) Multifamily Water system construction or modification Multifamily Water System, an applicant must complete and approval is valid for eighteen (18) months. An extension of submit Form DH 4092B, effective 9/07, to the Department time to complete construction or modification shall be granted along with: for a period of ninety (90) days if the Department receives a 1. A site plan of minimum size of 8.5 x 11 inches and of written request from the applicant prior to expiration of the sufficient clarity for reproduction. construction permit and the conditions under which the 2. A $75 processing fee. original construction permit was granted have not changed. 3. Satisfactory water quality results for the analyses listed (5) Upon completion of Multifamily Water System in section (5) above. construction, the applicant shall perform a water quality (c) Upon a satisfactory inspection by the Department that clearance as follows: verifies compliance with the minimum setback distances listed (a) One (1) microbiological analysis of a source water in paragraph (7)(a) above and receipt of the items listed in sample per day for two (2) consecutive days. paragraph (7)(b) above, the Department shall issue written (b) One (1) microbiological analysis of a remote approval to the supplier to operate the converted Multifamily distribution water sample. Water System. (c) One (1) Lead analysis of a first draw water sample (d) If deficiencies are found, written notice shall be collected from an indoor tap after the water has been provided to the applicant by the Department. Re-inspection undisturbed in the plumbing for at least six (6) hours. requests must be accompanied by a $40 fee. (d) One (1) Nitrate (Nitrate as N) analysis of a source Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, water sample. 381.0062(1),(3)(a) FS. Law Implemented 381.0012, 381.0061, 381.0067, 381.006(1),(2), 381.0062(1)-(3), 403.862(1)(f) FS. Such analyses shall be performed in accordance with History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.026, subsection 64E-8.006(1), F.A.C., and the results of such Amended 1-26-98, 1-24-00, 11-13-00, 10-7-02,______. analyses shall not exceed the MCLs listed in subsection 64E-8.006(2), F.A.C. (Substantial rewording of Rule 64E-8.004 follows. See Florida Administrative Code for present text.)

5774 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

64E-8.004 Annual Operating Permits, Existing Systems, e. Any satisfactory analyses required per subsection Systems Constructed On or After 1/1/93, Annual Inspections 64E-8.006(4), F.A.C. and Registrations. (b) The following requirements shall apply to Existing (1) Annual operating permits are required for all Limited systems: Use Public Water Systems, except those systems Registered 1. Minimum setback distances listed in subsection per section (5) below. Issuance of initial annual operating 64E-8.002(2), F.A.C., shall be met except that a system permits for modified or newly constructed and approved supplied by a well constructed prior to January 1, 1972 that is Limited Use Public Water Systems is described in subsection greater than or equal to fifty (50) feet from an OSTDS, or a 64E-8.002(10), F.A.C. Annual operating permits are not well constructed prior to January 1, 1993 that is greater than or transferable to new persons, expire on September 30 of each equal to seventy-five (75) feet from an OSTDS, shall be year, and must be renewed on an annual basis. Renewal and accepted without a variance if the OSTDS is in compliance change of owner fees for annual operating permits are as with Chapter 64E-6, F.A.C. follows: 2. The well must meet the construction standards that were (a) Limited use commercial water systems which serve required at the time of original installation for potable wells. family day care establishments as described in Chapter 3. The system must maintain a minimum water pressure of 65C-20, F.A.C.: Annual renewal; $30. Change of owner twenty (20) pounds per square inch throughout the water between October 1 and March 31; $30. Change of owner system at all times. between April 1 and September 30; $15. 4. The system shall contain no cross-connections. (b) All other Limited Use Public Water Systems: Annual 5. The system must be equipped with a raw water source renewal; $90. Change of owner between October 1 and March tap as described in paragraph 64E-8.002(3)(a), F.A.C., or, at a 31; $90. Change of owner between April 1 and September 30; minimum, an outside untreated water tap or hose bib. $45. 6. The system must meet all other operating and (2) Existing Limited Use Public Water Systems that were maintenance standards of Rule 64E-8.005, F.A.C. constructed and initially placed into service prior to January 1, 7. Existing systems supplied by surface water or cisterns 1993, except those systems that obtain a Registration per must meet the design and treatment standards of section subsection (5) below, must obtain an annual operating permit paragraph 64E-8.002(4)(e), F.A.C. from the Department. (c) Upon receipt of satisfactory items listed in paragraph (a) To obtain an initial annual operating permit for an (2)(a) above, and a satisfactory inspection by the Department Existing system, the following must be submitted to the that verifies compliance with paragraph (2)(b) above, the Department: Department shall issue an annual operating permit to the 1. A completed Form DH 4092A, effective 9/07. supplier. 2. A $90 operating permit fee if between October 1 and (d) If deficiencies are found, written notice shall be March 31, or $45 operating permit fee if between April 1 and provided to the applicant by the Department. Re-inspection September 30. Limited use commercial water systems which requests must be accompanied by a $40 fee. serve family day care establishments as described in Chapter (e) An Existing water system supplied by a domestic well 65C-20, F.A.C., shall pay an operating permit fee of $30 if that was constructed and initially placed into service prior to between October 1 and March 31, or $15 operating permit fee January 1, 1993 and that is now being converted into a Limited if between April 1 and September 30. Use Public Water System, must obtain an annual operating 3. A site plan and a construction plan. Each such plan shall permit according to the same requirements for Existing be a minimum size of 8.5 x 11 inches and of sufficient clarity systems as listed in paragraphs (2)(a) through (d) above, or a for reproduction. Registration exemption as described in subsection (5) below. 4. A well completion report, if available. (3) A Limited Use Public Water System that was 5. Satisfactory water quality analysis results for the constructed and initially placed into service on or after January following: 1, 1993 that did not obtain construction approval from the a. One (1) microbiological analysis of a source water Department at the time of construction, or any water system sample per day for two (2) consecutive days. that was constructed and initially placed into service on or after b. One (1) microbiological analysis of a water sample January 1, 1993 that is now being converted into a Limited Use from the distribution system. Public Water System, must obtain an annual operating permit c. One (1) Lead analysis of a first draw water sample or a Registration exemption from the Department and is collected from an indoor tap after the water been undisturbed subject to all construction, water quality clearance and in the plumbing for at least six (6) hours. permitting requirements for new Limited Use Public Water d. One (1) Nitrate (Nitrate as N) analysis of a source water Systems as described in Rule 64E-8.002, F.A.C. sample.

Section II - Proposed Rules 5775 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(4) Each year, prior to expiration and renewal of a Limited the treatment equipment is actively managed and maintained Use Public Water System’s annual operating permit, the by the Department of Environmental Protection’s Water Department shall conduct an inspection of the water system Supply Restoration Program. and shall collect and perform one (1) microbiological analysis (a) The supplier of a newly constructed and approved of a water sample from the distribution system for no Limited Use Commercial Public Water System as described in additional fee. When treatment includes disinfection, one (1) subsection 64E-8.002(10), F.A.C., may apply for a microbiological source water sample shall also be collected Registration exemption by submitting a completed Form DH and analyzed on the same day as the distribution water sample. 4095, Application for Limited Use Commercial Water System The following standards shall be checked during the inspection Registration, along with a $15 application fee to the and shall be in compliance prior to renewal of an annual Department. Form DH 4095, effective 9/07, is hereby adopted operating permit: and incorporated by reference, and can be obtained from the (a) The water pressure must be a minimum of twenty (20) Department of Health, Division of Environmental pounds per square inch throughout the water system at all Health/Water Programs at: 4052 Bald Cypress Way, Bin C22, times; Tallahassee, Florida 32399-1742, at www.doh.state.fl.us/ (b) The water system shall contain no cross-connections; environment/water/manual/encl1.htm, or from the CHD. Upon (c) The system must be equipped with: receipt of these items and an inspection by the Department that 1. For systems constructed after January 1, 1993: A raw verifies compliance with the above criteria for Registration, the water source tap as described in paragraph 64E-8.002(3)(a), Department shall issue written authorization to operate the F.A.C., and a structurally sound concrete apron as described in Registered system. paragraph 64E-8.002(3)(c), F.A.C., or; (b) Eligible system owners of Existing systems may apply 2. For Existing systems: A raw water source tap as for a Registration exemption by submitting the following to the described in paragraph 64E-8.002(3)(a), F.A.C., or, at a Department: minimum, an outside untreated water tap or hose bib. 1. A completed Form DH 4092A, Application for Limited (d) All chemically disinfected systems shall have an Use Public Water System Operation, along with a $90 aboveground check valve between the raw water source tap application fee. The Department shall waive this requirement and the disinfectant injection point; upon conversion from a current annually permitted system to a (e) Chemically disinfected systems must be in compliance Registered system. with the disinfectant residual limits of paragraph 2. A completed Form DH 4095, Application for Limited 64E-8.005(1)(d), F.A.C.; Use Commercial Water System Registration, along with a $15 (f) The system must be in compliance with all operating application fee. and maintenance standards listed in Rule 64E-8.005, F.A.C. 3. A site plan and a construction plan. Each drawing shall (g) The system or system use has not been modified be a minimum size of 8.5 x 11 inches and of sufficient clarity without prior approval by the Department. for reproduction. (h) The supplier has submitted all required routine water 4. A well completion report, if available. quality analysis results listed in subsection 64E-8.006(3), 5. Satisfactory water quality analysis results for the F.A.C. following: If deficiencies are found, written notice shall be provided to the a. One (1) microbiological analysis of a source water supplier by the Department. All reinspections conducted by the sample per day for two (2) consecutive days and one (1) Department to verify correction of deficiencies are subject to a microbiological analysis of a water sample from the reinspection fee of $40. distribution system. The Department shall waive these (5) Suppliers of Limited Use Commercial Public Water microbiological sampling requirements if the system Systems that do not make tap water available for public classification is being changed from a current annually consumption are eligible for a Registration exemption if the permitted system to a Registered system, or if the supplier is system meets the water quality standards of subsection applying for re-registration due to changes in business activity 64E-8.006(2), F.A.C., and does not require continuous or ownership per paragraph (5)(f) below, provided that all disinfection to remove microbiological contamination. previously required microbiological sample analyses have Registered systems are exempt from obtaining annual been satisfactory for the previous calendar year and the system operating permits. If corrective treatment equipment is has not been modified without prior approval from the required to correct a chemical MCL or HAL violation, the Department. supplier shall not be eligible for a Registration exemption and b. One (1) Lead analysis of a first draw water sample shall be required to obtain an annual operating permit, unless collected from an indoor tap after the water been undisturbed in the plumbing for at least six (6) hours, performed within the last five (5) years;

5776 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

c. One (1) Nitrate (Nitrate as N) analysis of a distribution (c) The supplier shall alert the CHD county health water sample, performed within the last five (5) years. department twenty-four (24) hours in advance where possible, d. Any satisfactory analysis required per subsection but no later than the next business day after any shutdown or 64E-8.006(4), F.A.C. treatment failure, or within twenty-four (24) hours after (c) Upon receipt of satisfactory items listed in paragraph discovering sabotage or vandalism to the water system. (5)(b) above and a satisfactory inspection by the Department (d) Where continuous disinfection is required to remove that verifies compliance with subpargraphs (2)(b)1. through 6. confirmed microbiological contamination, dDisinfection above, the Department shall issue written authorization to equipment shall maintain the a free available chlorine residual operate the Registered system. and total chlorine residual between 0.2 milligrams per liter (d) If deficiencies are found, written notice shall be (mg/L) and 4.0 mg/L free available chlorine residual or 5.0 provided to the applicant by the Department. Re-inspection mg/L total chlorine residual throughout the entire system, or requests must be accompanied by a $40 fee. the equivalent of these limits as determined by the (e) In order to retain their potable water status as is Ddepartment. A functional disinfectant concentration test kit required by the Federal Occupational Health and Safety shall be kept on site at all times. Administration under 29 CFR 1910.141 and the Florida 1. Where continuous disinfection is required, the supplier Plumbing Code, suppliers of Registered systems as described shall test the chlorine residual daily by using a N, within this section must perform annual testing for bacteria in N-Diethyl-p-Phenylenediamine (DPD) color comparison test the form of one (1) satisfactory microbiological sample per kit, or a portable spectrophotometer test kit and post the results year. Such analyses shall be performed no more than twelve in a log kept on premises. The test kit shall be functional and (12) months apart and the results shall be provided to the kept on site at all times. The Ddepartment shall specify tests Department no later than fifteen (15) days after the time period for alternative disinfectants upon construction approval. in which the sample was required. If this annual testing is not 2. Where continuous disinfection is required for a Limited performed, the Department may revoke the Registration Use Community System and a chemical disinfectant is used, exemption and require the supplier to either obtain an annual the supplier shall assure a state certified water treatment plant operating permit per subsection (1) above, or reapply for operator services the system weekly. Registration by submitting the items listed in subparagraphs 3. Where continuous disinfection was initially required (5)(b)2. through 5., above. prior to the effective date of this chapter, the effective water (f) Re-registration of eligible water systems is required contact volume for groundwater supplied systems shall be 15 prior to any change in business activity or upon change of times the PD, and the effective water contact volume for system ownership. To re-register, the supplier shall submit the surface water supplied systems shall be 120 times the PD (in items listed in subparagraphs (5)(b)1. through 5., above. order to achieve a minimum water contact time of 15 or 120 minutes, respectively, with the disinfectant at peak demand Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, 381.0062(1),(3)(a),(6) FS. Law Implemented 381.0012, 381.0061, flow). 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. History–New 4. Where continuous disinfection was initially required for 1-1-93. Amended 8-20-96, Formerly 10D-4.027, Amended 1-26-98, a groundwater supplied system on or after the effective date of 1-24-00, 11-13-00, 10-7-02,______. this chapter, the system must maintain the minimum required water contact time and free chlorine residual based on the 64E-8.005 Operation and Maintenance. water temperature exiting the contact tank according to Table (1) The following operating standards shall apply to all 1, or designed in accordance with Chapters 3 and 4 of the U.S. permitted Limited Use Public Water Systems: EPA Guidance Manual for Compliance with the Filtration and (a) All components shall function properly at all times. Disinfection Requirements for Public Water Systems Using (b) Should the system shut down, the supplier shall take Surface Water Sources, March 1991 Edition. steps to restore it immediately. The supplier shall alert all users 5. Where disinfection equipment is installed on a Limited in advance of maintenance that will cause pressure loss or Use Public Water System but is not required, the free available water quality change. The supplier shall follow the standards chlorine residual and total chlorine residual shall not exceed outlined in the Guidelines for the Issuance of Precautionary 4.0 mg/L throughout the entire system. Boil Water Notices, 12/11/06 revision, available from the (e) The system shall maintain a minimum water pressure Department of Health, Division of Environmental of twenty (20) pounds per square inch throughout the water Health/Water Programs at: 4052 Bald Cypress Way, Bin C22, system at all times. Tallahassee, FL 32399-1742, or www.doh.state.fl.us/ (f) The water system shall contain no cross-connections. environment/water/manual/boilnew.htm. (2) The following maintenance standards shall apply to all Limited Use Public Water permitted Ssystems:

Section II - Proposed Rules 5777 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(a) All components shall be in good repair and used as 1. Lead – 0.015 milligrams per liter (mg/L). intended. 2. Nitrate as N – 10.0 mg/L. (b) Replacement of components shall be with new or 3. Other primary drinking water contaminant MCLs listed like-new products, approved per subsection rule 64E-8.002(6), in Rule 62-550.310, F.A.C. F.A.C. and equal to those originally approved. 4. Drinking water HALs as defined in subsection (c) The vicinity within five (5) feet of the water system 64E-8.001(8), F.A.C. and well shall be free of vegetation, debris and hazards which (b) Microbiological Maximum Contaminant Levels could prevent or hinder inspection. (MCL): (d) If an emergency modification is performed, alteration 1. A total coliform MCL violation occurs when a total occurs, the supplier must apply submit a completed Form DH coliform test reveals the presence of total coliform bacteria in 4092B to the Ddepartment for system modification per Rule any compliance and repeat sample. 64E-8.002, F.A.C., on the next business day. 2. A fecal coliform MCL violation occurs when a fecal (e) The supplier shall record the date and type of all post coliform or E. coli test reveals the presence of fecal coliform or maintenance and repairs performed on the system /repair dates E. coli in any compliance or repeat sample, provided the repeat and type in a log kept on the premises. test is positive for total coliform bacteria. (f) Systems vulnerable to vandalism shall be secured, but 3. The supplier shall collect a repeat sample on the first any enclosure shall not restrict visibility or authorized access business day following notification that coliform bacteria were for inspection. present in the previous sample. Failure to provide a repeat (g) The upper end of the well casing shall be watertight sample to the laboratory by the deadline specified by the except for vents which shall be directed downward and Department will result in use of the previous sample's results as protected with 20-mesh screen. if they were the repeat sample’s results. (h) Any chemical which could contaminate the water 4. Unless coliform bacteria are present, a result of too supply shall not be stored within twenty-five (25) feet of the numerous to count (TNTC), confluent or turbid with the well head unless the chemical container is in an additional, absence of gas or acid, is invalid and the supplier shall collect a above-ground containment structure capable of containing the replacement sample on the next business day after notification full volume of the chemical. of the invalid results. Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, (3) The following monitoring schedule applies to annually 381.0062(1),(3)(a) FS. Law Implemented 381.0012, 381.0061, permitted Limited Use Public Water Systems: 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. History–New (a) Analysis of water samples for Lead and Nitrate per 1-1-93, Amended 8-20-96, Formerly 10D-4.028, Amended 1-26-98, paragraphs 64E-8.002(9)(c) and (d), F.A.C., is required once 10-7-02,______. every thirty-six (36) months for Limited Use Community (Substantial rewording of Rule 64E-8.006 follows. See Florida Systems, or once every sixty (60) months for Limited Use Administrative Code for present text.) Commercial Systems. Such analyses shall be performed no more than 36 months or 60 months apart, respectively. The 64E-8.006 Water Quality Standards and Monitoring for Department shall require more frequent chemical monitoring if Limited Use Public Water Systems. analysis results indicate the presence of contaminants which (1) Water quality samples collected for compliance with may pose a threat to public health. this chapter, except chlorine residuals, shall be analyzed by a (b) One (1) microbiological analysis of a water sample laboratory certified for the contaminant by the Department in from the distribution system is required once every calendar accordance with Chapter 64E-1, F.A.C., and shall be analyzed quarter (one sample during each of the following periods: using a Department-certified method for analyzing drinking January through March; April through June; July through water samples. Approved methods for analyzing drinking September; October through December). Whenever possible, water compliance samples are available at the U.S. EPA Office each quarterly sample shall be collected during the middle of Groundwater and Drinking Water website at www.epa.gov/ month of each period (February, May, August and November) safewater/methods/methods.html. Microbiological analyses in order to allow time for laboratory analysis and reporting of shall be in accordance with those methods specified in 40 CFR results. 141.21(f). Chemical analyses shall be in accordance with those 1. When treatment includes disinfection, one (1) methods specified in 40 CFR 141.23(k). microbiological source water sample must also be collected on (2) Analysis results of water quality samples collected for the same day as the distribution water sample. compliance with this chapter shall not exceed the following 2. The Department may increase microbiological analysis standards: frequency to a monthly basis for a period of one (1) year or (a) Chemical Maximum Contaminant Levels (MCL) and more if the water source or water system has a history of Health Advisory Levels (HAL): intermittent unsatisfactory microbiological analysis results.

5778 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(4) Additional analyses for contaminants shall be required 64E-8.007 Corrective Actions. for a system if: Subsections (1) through (7) below apply to all Limited Use (a) The well is located within a Department of Public Water Systems. Chemical and microbiological MCLs Environmental Protection (DEP) delineated area under Chapter and HALs are listed in subsection 64E-8.006(2), F.A.C. 62-524, F.A.C. Disinfection of a water system as required by subsection (3) or (b) The well is within one-thousand (1000) feet of a (4) below to remove bacteriological contamination shall be contaminated well or a known contaminant source. accomplished by interrupting service and maintaining a (c) The analyses are required per Rule 64E-8.007, F.A.C. minimum 50 mg/L solution of free available chlorine or its (5) All Limited Use Public Water System suppliers shall equivalent throughout the system for a minimum of three report water sample analysis results to the Department within hours, then reducing the concentration to less than or equal to five days of receipt of the results. Analysis results for chemical 4.0 mg/L prior to service being restored. samples required by paragraph (3)(a) above must be submitted (1) When a microbiological sample analysis reveals the no later than thirty (30) days after the time period in which the presence of coliform bacteria, the supplier must perform repeat sample was required. Analysis results for microbiological testing within one (1) business day following notification as samples required by paragraph (3)(b) above must be submitted described in subparagraph 64E-8.006(2)(b)3., F.A.C. no later than fifteen (15) days after the time period in which the (2) An acute risk to health exists when a chemical MCL or sample was required. These reporting deadlines in no way HAL violation occurs, or when a fecal coliform MCL violation change the compliance sampling time periods in which sample occurs. Upon occurrence of such an acute risk, immediate analysis is required to be performed by the supplier. action shall be taken by the supplier to prevent consumer (a) Any chemicals or pathogens detected in concentrations exposure, and shall include: that exceed a published MCL or HAL shall be reported by the (a) Written public notice to consumers per Rule supplier to the Department and removed by corrective actions 64E-8.008, F.A.C. taken by the supplier per Rule 64E-8.007, F.A.C. (b) For chemical MCL or HAL violations, provision of (b) Laboratories must report to the supplier and to the temporary access to an approved alternative source of water, or Department all positive microbiological water sample analysis provision of one gallon per day per person of a state permitted results and any water sample analysis results that exceed a brand of bottled water to consumers until a permanent solution published MCL or HAL no later than the end of the next is completed per subsection (5) below. business day after the result was determined, by telephone, (c) For fecal coliform MCL violations, issuance of a boil facsimile, or e-mail. Positive fecal coliform or E. coli results water notice according to the Guidelines for the Issuance of must be reported to the supplier and to the Department as soon Precautionary Boil Water Notices as referenced in paragraph as possible, but no later than the end of the day in which the 64E-8.005(1)(b), F.A.C. In addition, the supplier shall take result was determined in accordance with subsection those actions required in subsection (3) or (4) below. 64E-1.005(2), F.A.C. (3) For total and fecal coliform MCL violations in the (6) Fees charged to the supplier when samples are well, the supplier shall: submitted by or through the Department for routine (a) Disinfect the system within twenty-four (24) hours of monitoring, for a well or water system clearance or for a notification of the MCL violation, then within twenty-four (24) private request shall include laboratory analysis costs for each hours of disinfection, perform a five (5) sample sample analyzed, any locally mandated fees and shipping fees. microbiological well survey as described in paragraph (7) Department staff may collect compliance samples 64E-8.002(9)(a), F.A.C. If the results are still unsatisfactory upon a supplier’s request for a fee of $50 per microbiological per subparagraph 64E-8.002(9)(a)2., F.A.C., then; sampling site visit, $60 per chemical sampling site visit, or $70 (b) Within ten (10) days of receipt of the test results, apply per combined chemical and microbiological sampling site visit, to the Department for a system modification permit per Rule plus any locally mandated fees, laboratory analysis fees and 64E-8.002, F.A.C., for installation of continuous disinfection shipping fees. treatment equipment or construction of a new well. Then; Specific Authority 403.862(1)(f), 381.0011(4),(13), 373.309, 381.006, 1. Install treatment equipment within fourteen (14) days of 381.0062(1),(3)(a), 381.0202(3) FS. Law Implemented 381.0012, issuance of the modification permit, then within seven (7) days 381.0061, 381.0067, 373.309(1)(e)6., 381.006(1),(2), 381.0062, of equipment installation, perform a satisfactory two (2) 403.862(1)(f), 381.0202(3) FS. History–New 1-1-93, Amended consecutive day distribution system microbiological clearance, 8-20-96, Formerly 10D-4.029, Amended 1-26-98, 1-24-00, 11-13-00, ______. or; 2. Construct a new well within fourteen (14) days of (Substantial rewording of Rule 64E-8.007 follows. See Florida issuance of the modification permit, then within seven (7) days Administrative Code for present text.) of well installation, begin a satisfactory five (5) sample

Section II - Proposed Rules 5779 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 microbiological well survey as described in paragraph remove such equipment, provided that the Department is 64E-8.002(9)(a), F.A.C., and a two (2) consecutive day notified prior to its removal and has confirmed that all required distribution system microbiological clearance. quarterly analyses of the raw water for the past twenty-four (4) For total and fecal coliform MCL violations in the (24) months or monthly analyses of the raw water for the past system, the supplier, within twenty-four (24) hours of twelve (12) months have been satisfactory. notification of the MCL violation, shall verify the water quality (8) When water main breaks or other planned or of the system by collecting one (1) source water sample and unplanned disruptions of water service occur after the master one (1) repeat sample within the system at the same location meter within a Consecutive Public Water System that is that revealed the bacteria, then, if only the system still contains excluded from coverage under the Florida Safe Drinking Water water violating the coliform MCL; Act, the Department shall be notified by the supplier within (a) Disinfect the system within twenty-four (24) hours of twenty-four (24) hours of the disruption and corrective actions receipt of the confirmation test results, then within twenty-four including disinfection, microbiological monitoring, public (24) hours of disinfection, perform a two (2) consecutive day notification, and precautionary boil water notices shall be distribution system microbiological clearance. If the results are performed as described in Rule 62-555.340, F.A.C. still unsatisfactory, then; Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, (b) Within ten (10) days of receipt of the test results, apply 381.0062(1),(3)(a) FS. Law Implemented 381.0011(8), 381.0012, to the Department for a system modification permit per Rule 381.0061, 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. 64E-8.002, F.A.C., for installation of continuous disinfection History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.030, Amended 1-26-98,______. treatment equipment. Then; 1. Install treatment equipment within fourteen (14) days of 64E-8.008 Public Notification. issuance of the modification permit, then; When an acute health risk exists, Tthe supplier shall provide 2. Within seven (7) days of equipment installation, public notification as required in subsection rules perform a satisfactory two (2) consecutive day distribution 64E-84.007(2)(b) and (5)(a) to consumers as follows: system microbiological clearance. (1) Notices shall caution consumers not to consume the (5) When a water sample analysis result for any chemical water, explain the alternative as described in paragraph or contaminant listed in paragraph 64E-8.006(2)(a), F.A.C., 64E-8.007(2)(b) or (c), F.A.C., based on the type of water exceeds a published MCL or HAL, the supplier shall: quality violation, and describe, in non-technical terms, the (a) Perform a confirmation water sample analysis within nature of the violation and the supplier’s corrective actions. fourteen (14) days of notification of the initial results, then if Notices shall include a contact name and phone number, and be the MCL or HAL is exceeded again: neatly printed in large type. (b) Within thirty (30) days of receipt of the confirmation (2) The supplier shall provide a copy of the printed notice test results, apply to the Department for a system modification to the Department within twenty-four (24) hours of notification permit per Rule 64E-8.002, F.A.C., for installation of of the water quality violation. Notices shall be neatly printed in corrective treatment equipment or construction of a new well. large type and the supplier shall provide a copy to the county Then; health department. 1. Install treatment equipment within thirty (30) days of (3) The supplier shall deliver notices to consumers served issuance of the modification permit. Then, if the treatment by a Limited Use Community Public Water or Private System equipment is not actively managed and maintained by the within four (4) 24 hours of notification being notified of the Department of Environmental Protection’s Water Supply water quality violation. Restoration Program, perform an analysis of the raw and (4) The supplier shall post notices at water outlets in treated water within seven (7) days after equipment installation Limited Use Commercial Systems within four (4) 12 hours of and once every twelve (12) months thereafter. or; notification being notified of the water quality violation. 2. Construct a new well within thirty (30) days of issuance (5) The supplier shall take special actions where of the modification permit, then perform an analysis of the raw consumers are not capable of reading printed material, such as water within seven (7) days after well installation and once verbal notification and disabling of water outlets. Where every twelve (12) months thereafter. non-English speaking persons consume the water, the notice (6) All modifications performed under this section must be shall be translated into the prevalent languages of the inspected by the Department to verify compliance with the consumers. approved plans and with this chapter. Re-inspection requests (6) After all violations have been corrected per Rule must be accompanied by a $40 fee. 64E-8.007, F.A.C. Upon departmental release of the system, (7) When corrective water treatment equipment is installed the supplier shall provide a notice to consumers that rescinds by the supplier of a Limited Use Public Water System as a the original notice, in the same manner as required in result of chemical or coliform MCL violations, the owner may subsections rules 64E-8.008(1) through (5) above.

5780 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, has been reissued. Special consideration shall be given to lots 381.0062(1),(3)(a) FS. Law Implemented 381.0011(8), 381.0012, platted prior to 1972 or granted a variance under Chapter rule 381.0061, 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. 64E-6, F.A.C. History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.031, Amended 1-26-98,______. (a) When approving a variance request, the Department may require provisos including, but not limited to: 64E-8.009 Variances. 1. Minimum well casing depth to achieve a satisfactory (1) The supplier of any Limited Use Public, Multifamily vertical separation from sanitary hazards, based on the depth or Private Water System may request a variance from the and location of confining layers or other geological features. requirements of this chapter by submitting the following to the 2. Rotary well construction with full grouting of the well CHD: completing Form DH 4094 and submitting a statement casing with neat cement or driven well construction with regarding hardship, any other information necessary for grouting of the top twenty (20) feet and bottom five (5) feet rendering a decision and all information required by subsection with neat cement, per subparagraph 62-532.500(2)(f)3. or 4., 64E-8.009(3). The burden of presenting pertinent and F.A.C. supportive facts shall be the responsibility of the applicant. 3. Satisfactory water quality analysis for total coliform, (a) A completed Form DH 4094 (Section I only), Nitrate, or other likely contaminants of concern. Application for Variance from Chapter 64E-8, F.A.C. Form 4. Increased water quality monitoring frequency for DH 4094, effective 9/07, is hereby adopted and incorporated Limited Use Public Water Systems. by reference, and can be obtained from the Department of 5. Installation of water treatment equipment. Health, Division of Environmental Health/Water Programs at: 6. Connection to a municipal public water system if one 4052 Bald Cypress Way, Bin C22, Tallahassee, Florida eventually becomes available. 32399-1742, at www.doh.state.fl.us/environment/water/ (b) Variances for proposed water system construction manual/encl1.htm, or from the CHD. expire eighteen (18) months after approval. The expiration (b) A statement of hardship. date may be extended if necessary to coincide with the (c) A site plan. The plan shall be a minimum size of 8.5 x expiration date of the associated water system construction 11 inches and of sufficient clarity for reproduction. permit or well construction permit issued by the Water (d) Any applicable well completion reports. Management District or delegate agency. (e) Any applicable water quality analysis results. (c) Emergency approval of variance requests may be (f) Any other information necessary for rendering a granted by the Department’s Division of Environmental decision including information pertaining to the items listed in Health/Bureau of Water Programs in cases of extreme subsection (4) below. The burden of presenting pertinent and hardship. supportive facts shall be the responsibility of the applicant. (3) For variances requests for involving private water Upon receipt of all application materials, the CHD shall review system replacement wells only, for separations between fifty such variance applications, make a recommendation to the (50) and seventy-five (75) feet from a septic system or sanitary Department by completing Section II of Form DH 4094, 9/07, hazard as defined in subsection 62-532.400(7) Table 1, except and forward all application materials to the Division of those which are less than 50 feet from an OSTDS or less than Environmental Health/Bureau of Water Programs. 25 feet from a building foundation which has been chemically (2) Upon consideration of each application, and the treated for pests and contains no impervious strata below the recommendations of the Wwater Mmanagement Ddistrict and ground surface, the applicable CHD county health department the CHD county health department, the Department’s Division administrator has the authority to grant a variance, grant a of Environmental Health/Bureau of Water Programs Deputy provisional variance or deny the variance request. The county State Health Officer or his designee has the authority to grant a health department administrator will grant a variance to variance, grant a provisional variance or deny the variance prevent excessive hardship based on the same criteria specified request. The Department Deputy State Health Officer or his in subsections 64E-8.009(2) above and (4), below. designee will consider granting a variance to prevent excessive (4) In granting or denying a variance, the Ddepartment hardship in cases involving minor deviation from established shall consider: standards, when the hardship was not caused intentionally by (a) Historical water quality. the applicant, where no reasonable alternative exists, and (b) Age and condition of system components and the where proper use of the system will not adversely affect public likelihood it will continue to provide potable water. health. In making its decision, the department shall consider (c) Size of cone of influence and protection of source from the factors in subsection 64E-8.003(4), F.A.C. Variances on contamination. new wells are not transferable to other persons and expire one (d) Amount of deviation from these standards. year after approval unless a system or well construction permit (e) Type and degree of consumer exposure.

Section II - Proposed Rules 5781 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(f) Economic hardship. (7) Failure to take corrective actions when an MCLs or (g) Alternative potable water availability. HAL is are exceeded (a violation of Rule 64E-8.007), $500. (h) Geological characteristics of the well. (8) Failure to provide public notification when an MCLs or HAL is are exceeded (a violation of Rule 64E-8.007), $500. Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, 381.0062(1),(3)(a),(6)(a) FS. Law Implemented 381.006(1),(2), Specific Authority 381.006, 403.862(1)(f), 381.0061(1) FS. Law 381.0062, 403.862(1)(f) FS. History–New 1-1-93, Amended 8-20-96, Implemented 381.0061, 381.0062 FS. History–New 1-1-95, Formerly Formerly 10D-4.032, Amended 1-26-98, 1-24-00, ______. 10D-4.101, Amended 1-24-00,______.

64E-8.010 Prohibited Acts. 64E-8.013 Cross-Connection Control. The following are prohibited: (1) Cross-connections as defined in subsection (1) Failure to conduct required sampling or testing, or 64E-8.001(4)(5), F.A.C., are prohibited. falsification of results. (2) Any cross-connection involving a Llimited Uuse (2) Intentionally or otherwise introducing a contaminant Public, Mmulti-family, or Pprivate Wwater Ssystem shall be determined to pose a health hazard into a Limited Use, corrected using the methods established in the within Multi-family, or Private Water System or its source. Recommended Practice for Backflow Prevention and (3) Failure to meet schedules for compliance or corrective Cross-Connection Control, American Water Works actions. Association Manual M14, Third Second Edition, 2004 1990, (4) Failure to conduct required public notification or available from the American Water Works Association at, 6666 corrective action. West Quincy Avenue, Denver, CO 80235 hereby incorporated (5) Impersonating a Ddepartment employee. by reference. Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006, Specific Authority 381.0011(4,13), 381.006, 381.0062(1),(3)(a), 381.0062(1),(3)(a) FS. Law Implemented 381.0012, 381.0025, 403.862(1)(f) FS. Law Implemented 381.0012, 381.0061, 381.0067, 381.0061, 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. 381.006(1),(2), 381.0062(1)-(3), 403.862(1)(f) FS. History–New History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.033, 1-26-98, Amended 11-13-00, ______. Amended 1-26-98, 11-13-00,______. NAME OF PERSON ORIGINATING PROPOSED RULE: 64E-8.011 Services Provided. Michelle Kearney Specific Authority 381.0011(13), 381.0202, 403.862 FS. Law NAME OF SUPERVISOR OR PERSON WHO APPROVED Implemented 381.0202, 403.862 FS. History–New 1-1-95, Formerly THE PROPOSED RULE: Bob Vincent, (850)245-4240 10D-4.100, Amended 11-13-00, Repealed______. DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 13, 2007 64E-8.012 Schedule of Fines. DATE NOTICE OF PROPOSED RULE DEVELOPMENT The department shall impose fines or pursue other enforcement PUBLISHED IN FAW: December 22, 2006 action authorized by Sections 381.0012 and 381.0062, F.S. The following maximum fines shall be imposed for violations of DEPARTMENT OF FINANCIAL SERVICES Chapter 64E-8, F.A.C., Eeach day that a violation occurs shall Division of Accounting and Auditing be considered as a separate violation: RULE NOS.: RULE TITLES: (1) Failure to obtain a new Limited Use Public Water 69I-73.001 Definitions System construction permit [a violation of subsection rule 69I-73.002 Threshold for Recording Property 64E-8.002(1)(2)], $500. 69I-73.003 Recording of Property (2) Failure to obtain a new Mmulti-family Water System 69I-73.004 Marking of Property construction permit ([a violation of Rule 64E-8.003(2)]), $250. 69I-73.005 Disposition of Property (3) Failure to obtain a Limited Use Commercial or Limited 69I-73.006 Inventory of Property Community Public Water System operating permit ([a PURPOSE AND EFFECT: The purpose of the proposed rules violation of Rule subsection 64E-8.004(1)]), $500. is to implement Section 274.02, F.S., which authorizes the (4) Failure to obtain a Limited Use Commercial Public Chief Financial Officer to establish by rule the requirements Water System Rregistration [a violation of subsection rule for recording of local government owned property and for the 64E-8.004(5)(6)], $250. periodic review of such property for inventory purposes. (5) Failure to maintain required chlorine residual levels [a SUMMARY: The proposed rules establish minimum violation of paragraph rule 64E-8.005(1)(d)], $100. recordkeeping and inventory requirements for county and (6) Failure to comply with water quality system district owned tangible personal property. monitoring requirements [a violation of subsection rule 64E-8.006(3)(2)], $250.

5782 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

SUMMARY OF STATEMENT OF ESTIMATED (4) “Custodian’s Delegate” means a person acting under REGULATORY COSTS: No Statement of Estimated the supervision of the custodian to whom the custody of Regulatory Cost was prepared. property has been delegated by the custodian and, from whom Any person who wishes to provide information regarding a the custodian receives custody receipts. statement of estimated regulatory costs, or provide a proposal (5) “Data Processing Software” has the meaning set forth for a lower cost regulatory alternative must do so in writing in Section 119.011(6), F.S. Data processing software is not within 21 days of this notice. considered to be property within the meaning of these rules. SPECIFIC AUTHORITY: 274.02 FS. (6) “Depreciated Cost” means cost less accumulated LAW IMPLEMENTED: 274.01, 274.02 FS. depreciation. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (7) “Financial System” means the fund accounting process THIS NOTICE, A HEARING WILL BE HELD AT THE used by the local government for recording cash and other DATE, TIME AND PLACE SHOWN BELOW (IF NOT financial resources, expenditures and other financial uses, REQUESTED, THIS HEARING WILL NOT BE HELD): together with all related liabilities and residual equities or DATE AND TIME: Monday, December 24, 2007, 10:00 a.m. balances. PLACE: Room 430, Fletcher Building, Tallahassee, Florida (8) “Fiscal Year” means the governmental unit’s fiscal Pursuant to the provisions of the Americans with Disabilities year established pursuant to law. Act, any person requiring special accommodations to (9) “Governmental Unit” has the meaning set forth in participate in this workshop/meeting is asked to advise the Section 274.01(1), F.S. agency at least 5 days before the workshop/meeting by (10) “Identification Number” means a unique number contacting: Burton Marshall, (850)413-5588. If you are assigned and affixed to each item of property to identify it as hearing or speech impaired, please contact the agency using the property held by the custodian and for the purpose of Florida Relay Service, 1(800)955-8771 (TDD) or differentiating one item of property from another. 1(800)955-8770 (Voice). (11) “Property” has the meaning set forth in Section THE PERSON TO BE CONTACTED REGARDING THE 274.02(1), F.S. PROPOSED RULES IS: Burton Marshall, Chief, Bureau of (12) “Unaccounted for Property” means property held by a Local Government, 200 East Gaines Street, Tallahassee, FL custodian, subject to the accountability provisions of Section 32399-0354, (850)413-5588 or [email protected] 274.03, F.S., which cannot be physically located by the custodian or custodian’s delegate, which property has not been THE FULL TEXT OF THE PROPOSED RULES IS: otherwise lawfully disposed of. TANGIBLE PERSONAL PROPERTY OWNED BY (13) “Value” means the worth or fair market value at the date of acquisitions for donated property. LOCAL GOVERNMENTS Specific Authority 274.02 FS. Law Implemented 274.01, 274.02 FS. 69I-73.001 Definitions. History–New______. (1) “Control Accounts” means summary accounts designed to control accountability for individual property 69I-73.002 Threshold for Recording Property. records. Unlike individual property records which establish All property with a value or cost of $1,000 or more and a accountability for particular items of property, control accounts projected useful life of 1 year or more shall be recorded in the accumulate the total cost or value of the custodian’s property local government’s financial system as property for inventory and, through entries to the control accounts documenting purposes. acquisitions, transfers and dispositions, provide evidence of the Specific Authority 274.02 FS. Law Implemented 274.02 FS. History– change in that total cost or value over periods of time as well as New______. the total cost or value at any time. (2) “Cost” means acquisition or procurement cost (i.e., 69I-73.003 Recording of Property. invoice price plus freight and installation charges less (1) Maintenance of Property Records – Governmental discounts). In determining cost, the value of property units shall maintain adequate records of property in their exchanged by custodian in satisfaction of a portion of the custody. The records shall contain at a minimum, the purchase price of new property shall not be deducted from the information required by these rules. full purchase price regardless of any property “traded in” on (2) Individual Records Required for Each Property Item – the new property. Each item of property shall be accounted for in a separate (3) “Custodian” means, without limitation, any elected or property record. Related individual items which constitute a appointed officer, board, commission or authority, or any other single functional system may be designated as a property person or agency entitled to lawful custody of property owned group. A property group may be accounted for in one record if by the local government. the component items are separately identified within the

Section II - Proposed Rules 5783 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 record. Examples of property items subject to group additional control accounts for property to the extent deemed accountability include, but are not limited to, modular necessary for different funds or sub-funds. Control accounts furniture, computer components, book sets, and similar shall not be established by periodically summarizing the costs association of items. All property group items, the total value or values recorded on the individual property records. Rather, or cost which is equal to or greater than $1,000 shall be entries to control accounts shall be derived from documents inventoried under this rule. evidencing transactions affecting the acquisition, transfer or (3) Content of Individual Property Records – Each disposition of property items and shall be posted property record shall include the following information: contemporaneously with entries to the individual property (a) Identification number. records. (b) Description of item or items. (5) Depreciation shall be recorded to meet local (c) Physical location (the city, county, address or building governments’ financial reporting requirements relating to name, and room number therein). depreciation accounting. However, depreciation shall not be (d) Name of custodian with assigned responsibility for the recorded on the individual property records or in control item. accounts in such a manner as to reduce the recorded acquisition cost or value (i.e., deprecation shall be recorded as an item (e) In the case of a property group, the number and separate from the acquisition cost). description of the component items comprising the group. (f) Name, make or manufacturer if applicable. Specific Authority 274.02 FS. Law Implemented 274.02 FS. History– (g) Year and/or model(s) if applicable. New______. (h) Manufacturer’s serial number(s) if any, and if an 69I-73.004 Marking of Property Records. automobile, vehicle identification number (VIN) and title (1) Marking of Property – Each property item shall be certificate number if applicable. permanently marked with the identification number assigned to (i) Date acquired. that item to establish its identity and ownership by the (j) Cost or value at the date of acquisition for the item or governmental unit holding title to the item. The marking shall the identified component parts thereof. When the historical visually display the property identification number of the item cost of the purchased property is not practicably determinable, and may include an electronic scanning code (“barcode”) to the estimated historical cost of the item shall be determined by facilitate electronic inventory procedures. appropriate methods and recorded. Estimated historical costs (2) Exemptions for Marking Property – Any item of shall be identified in the record and the basis of determination property whose value or utility would be significantly impaired established in the governmental unit’s public records. The by the attachment or inscription of the property identification basis of valuation for property items constructed by personnel number, is exempt from the requirement for physical marking. of the governmental unit shall be the costs of material, direct However, the custodian’s property records shall contain labor and overhead costs identifiable to the project. Donated sufficient descriptive data to permit positive identification of items, including federal surplus tangible personal property, such items. shall be valued at fair market value at the date of acquisition. (3) Location of Marking – Items of a similar nature shall Regardless of acquisition method, the cost or value of a be marked in a similar manner to facilitate identification. In property item shall include ancillary charges necessary to place determining a marking location, careful consideration shall be the asset into its intended location and condition for use. given to the intended use of the items; the probability that the Ancillary charges include expenditures that are directly marking could be obliterated by wear, vandalism or routine attributable to asset acquisition, such as freight and maintenance functions; and, the appropriateness of the marking transportation charges, installation costs and professional fees. method chosen. Additionally, the location of the marking and (k) Method of acquisition and, for purchased items, the the marking method chosen shall not mar the appearance of the voucher and check or warrant number. item. When utilizing an electronic scanning format system, (l) Date the item was last physically inventoried and the electronic codes shall be placed on property in the same condition of the item at that date. manner as other markings specified in this section. (m) If disposed of, the information prescribed in Rule Specific Authority 274.02 FS. Law Implemented 274.02 FS. History– 69I-73.005, F.A.C. New______. (n) The local government may include any other information on the individual property record that the 69I-73.005 Disposition of Property. governmental unit may care to include. (1) Methods of Disposition – Property within the meaning (4) Control Accounts – A governmental unit-wide control of these rules may be lawfully disposed of, as provided in account showing the total cost or value of the custodian’s Sections 274.05, 274.06 and 274.07, F.S. Property of the property shall be maintained. A governmental unit may keep

5784 Section II - Proposed Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 governmental unit which is not accounted for during regular or (3) Electronic scanning format used for the identification special inventories shall be subject to the rules regarding number is acceptable only if the recorded data is downloadable unaccounted for property (See Rule 69I-73.006, F.A.C.). to a computer and can then be used to generate reports that will (2) Required Information – The following information include all information required on the hardcopy inventory shall be recorded on the individual property record for each form. item lawfully disposed of, pursuant to Section 274.05, 274.06 (4) Unrecorded Property – Any property item found or 274.07, F.S.: during the conduct of an inventory which meets the (a) Date of disposition. requirements for accounting and control as defined in Rule (b) Authority for disposition (resolution of the governing 69I-71.003, F.A.C., and which item is not included on the body properly recorded in the minutes as required by Section inventory forms described above, shall have an inventory form 274.07, F.S.). created for the item when located. After appropriate (c) Manner of disposition (sold, donated, transferred, investigation to establish the ownership of the item, it shall be cannibalized, scrapped, destroyed, traded). added to the governmental unit's property records or, if (d) Identity of the employee(s) witnessing the disposition, ownership cannot be reasonably established, the item may be if cannibalized, scrapped or destroyed. disposed of in the manner provided by law as applicable to surplus property, pursuant to Sections 274.05 and 274.06, F.S. (e) For items disposed of, a notation identifying any related transactions (such as receipt for sale of the item, (5) Custodian Delegate Shall Not Inventory Certain Items insurance recovery, trade-in). – The custodian delegate shall not personally inventory items (f) For property certified as surplus, reference to for which they are responsible. documentation evidencing that such property was disposed of (6) Reconciliation of Inventory to Property Records – in the manner prescribed by Section 274.05 or 274.06, F.S. Upon completion of a physical inventory: (3) Transfer of Property Records – The individual property (a) The data listed on the inventory forms shall be record for each item lawfully disposed of as described in this compared with the individual property records. Noted rule shall be, upon disposition of the item, transferred to a differences such as location, condition and custodian shall be disposed property file. Destruction of such records shall be investigated and corrected as appropriate or alternatively, the governed by the provisions of Chapter 119, F.S. item shall be relocated to its assigned location and custodian in (4) Control Account – The cost or value of items lawfully the individual property record. disposed of shall be removed from the control account at the (b) Items not located during the inventory process shall be time of disposition. promptly reported to the governmental unit which shall cause a thorough investigation to be made. If the investigation Specific Authority 274.02 FS. Law Implemented 274.02 FS. History– determines that the item was stolen, the individual property New______. record shall be so noted, and a report filed with the appropriate 69I-73.006 Inventory of Property. law enforcement agency describing the missing item and the (1) Physical Inventory Required – Each governmental unit circumstances surrounding its disappearance. shall ensure a complete physical inventory of all property is (7) Unaccounted for Property – For items identified as taken annually and whenever there is a change of custodian or unaccounted for and reported to the State’s Chief Financial change of custodian’s delegate. Officer, recording of the items as dispositions, or otherwise (2) Inventory Forms – The form used to record the removing of the items from the property records, shall be physical inventory pursuant to Section 274.02(1), F.S., shall be subjected to approval of the State’s Chief Financial Officer, as at the discretion of the governmental unit. However, the form provided in Section 17.041, F.S., and Rule 69I-71.003, F.A.C. shall display at a minimum for each property item, the Specific Authority 274.02 FS. Law Implemented 274.02 FS. History– following information: New______. (a) Date of inventory. NAME OF PERSON ORIGINATING PROPOSED RULE: (b) Identification number. Burton Marshall, Chief, Bureau of Local Government (c) Existence of property item (or not). NAME OF SUPERVISOR OR PERSON WHO APPROVED (d) Physical location (the city, county, address or building THE PROPOSED RULE: Doug Darling, Director, Division of name and room number therein). Accounting and Auditing (e) Present physical condition. DATE PROPOSED RULE APPROVED BY AGENCY (f) Name and signature of the employee or other individual HEAD: July 31, 2007 attesting to the existence of the item. (g) In the case of a property group, the number and description of the component items comprising the group.

Section II - Proposed Rules 5785 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT DEPARTMENT OF TRANSPORTATION PUBLISHED IN FAW: August 17, 2007 RULE NOS.: RULE TITLES: 14-22.002 Regulations Covering Qualification Section III of Contractors Notices of Changes, Corrections and 14-22.006 Current Capacity Rating 14-22.015 Forms Withdrawals NOTICE OF CHANGE Notice is hereby given that the following changes have been DEPARTMENT OF REVENUE made to the proposed rule in accordance with subparagraph Corporate, Estate and Intangible Tax 120.54(3)(d)1., F.S., published in Vol. 33, No. 42, October 19, RULE NO.: RULE TITLE: 2007 issue of the Florida Administrative Weekly. 12C-1.0221 Returns, Notices, and Elections; SUMMARY OF CHANGE: The following changes are being Signing and Verification made in response to a review by the Joint Administrative NOTICE OF CHANGE Procedures Committee: Notice is hereby given that the following changes have been 1. 14-22.002 (1)(a) is changed to add form title, number, and made to the proposed rule in accordance with subparagraph date references for the online web application form as follows: 120.54(3)(d)1., F.S., published in Vol. 33, No. 41, October 12, (a) Persons or firms who desire to qualify with the 2007 issue of the Florida Administrative Weekly. Department in order to bid for the performance of road, bridge, Subsection (1) of Rule 12C-1.0221, Florida Administrative or public transportation construction projects in excess of Code, has been changed, so that, when adopted, the subsection $250,000, shall file annually with the Department an will read as follows: Application for Qualification (Online Web Application), Form (1) A return, election, or notice required of a taxpayer shall 375-020-38, 11/7/2007. An application for qualification shall be signed by an officer duly authorized to sign. A return or be filed electronically on the website http://www.dot.state. notice required of a taxpayer made by a fiduciary under fl.us/cc-admin/default.htm. Information regarding the subsection 220.22(3), F.S., shall be signed by the fiduciary. An electronic application, including a copy of the form, can be officer’s or fiduciary’s signature on a return or notice made by obtained by writing to the Department at the address listed or for a taxpayer shall be prima facie evidence that such below. Persons or firms may obtain information on how to individual was authorized to sign the return or notice on behalf obtain a user name and password to use the electronic of the taxpayer. The filing of a return that is not signed or that application filing process by contacting the Contracts is improperly signed and verified is may be treated as a failure Administration Office at the address below. Persons or firms to file the return for purposes of starting the limitation period shall also file two hard copies of audited financial statements or for the imposition of penalty for failure to file. as required by this section via hand delivery or mail to Paragraph (c) of subsection (1) of Rule 12C-1.0221, Florida Department of Transportation, Contracts Administration Administrative Code, has been changed, so that, when adopted, Office, 605 Suwannee Street, MS 55, Room 60, Haydon Burns the paragraph will read as follows: Building, Tallahassee, Florida 32399-0455. For purposes of (c) Form F-7004 shall be signed by a person authorized by this rule, “filing” is defined as receipt of the application and the taxpayer to request such extension. Such person must be an audited financial statements by the Contracts Administration individual authorized under paragraph (a) or (b) to sign the Office. taxpayer’s return; a person currently enrolled as an agent under 2. 14-22.006(3) is changed to add form title, number, and date Treasury Department Circular Number 230 (herein references for the online certification of work underway form incorporated by reference), to practice before the Internal as follows: Revenue Service; an attorney who is a member in good (3) In order for the Department to have the information standing of the bar of the highest court of any state, possession, required to determine a bidder’s Current Capacity, it is territory, commonwealth, or the District of Columbia; or any necessary that the bidder certify the total dollar amount of all certified public accountant who is duly qualified to practice in work the bidder has underway. This certification shall be any state, possession, territory, commonwealth, or the District accomplished electronically by submitting Certification of of Columbia. Work Underway (Online Web Application), Form 375-020-39, 11/7/2007, to the Department concurrently with the bid submittal for the first letting in the calendar month that the bidder submits a bid. 3. 14-22.015 Forms is changed to include adding form title, number, and date references for the online web application and the certification of work underway forms:

5786 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Form Number Date Title (17)(16) “Evidence of marketable title” means assurance 375-020-38 11/7/2007 Application for Qualification of the marketability of the land being acquired, in the form of a (Online Web Application) marketability title commitment and policy (American Land 375-020-39 11/7/2007 Certification of Work Underway Title Association [ALTA] Form B with Florida revisions). The (Online Web Application) coverage, form and exceptions of the title insurance must be approved by the Division in order to assure that title is BOARD OF TRUSTEES OF THE INTERNAL marketable and compatible with the purposes of the IMPROVEMENT TRUST FUND acquisition. The terms “Title Policy” and “Title Commitment” are included within this definition. Notices for the Board of Trustees of the Internal Improvement (17) through (28) renumbered (18) through (29) No Trust Fund between December 28, 2001 and June 30, 2006, go change. to http://www.dep.state.fl.us/ under the link or button titled “Official Notices.” Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 4-6-89, BOARD OF TRUSTEES OF INTERNAL 1-29-90, 10-30-91,______. IMPROVEMENT TRUST FUND 18-1.006 Appraisal Procedures, Report Requirements and RULE NOS.: RULE TITLES: Determining Maximum Amounts. 18-1.002 Definitions (1) through (3) No change. 18-1.006 Appraisal Procedures, Report (4) In accordance with Section 253.025(6)(f), F.S., the Requirements and Determining appraisal report shall be accompanied by a sales history of the Maximum Amounts parcel for the prior five years. This requirement shall be 18-1.007 Appraiser Eligibility and Selection waived under the following conditions: If the sales history 18-1.011 Board Action would not be useful, or the cost would be prohibitive compared 18-1.013 Donations to the value of the parcel, such as cases wherein 15 or more NOTICE OF CHANGE parcels are appraised in one appraisal report. This waiver Notice is hereby given that the following changes have been provision does not impact or reduce the sales history made to the proposed rule in accordance with subparagraph requirements for appraisal services under the USPAP. 120.54(3)(d)1., F.S., published in Vol. 33, No. 29, July 20, (a) The history shall be deemed not useful for projects 2007 issue of the Florida Administrative Weekly. consisting of a large number of relatively similar size 18-1.002 Definitions. properties under separate ownership for which a When used in this chapter, the following shall have the multiple-ownership appraisal technique can be used. indicated meaning unless the context clearly indicates (b) The cost will be considered to be prohibitive relative to otherwise: the value of the parcel if the most recent assessed value for ad (1) through (9) No change. valorem tax purposes is $50,000 or less, excluding greenbelt (10) “Certified survey” means a boundary survey, as agricultural, aquifer recharge, or other special exemptions. further defined in Rule 18-1.005, F.A.C., which is certified, (5) through (9) No change. signed and sealed by a professional surveyor and mapper Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, authorized to practice surveying in the State of Florida, and 373.139, 259.041 FS. History–New 6-16-86, Amended 4-6-89, approved by the Division’s Bureau of Survey and Mapping as 1-29-90, 1-2-91, 10-30-91,______. being in compliance with the minimum technical standards for land surveying in Florida. The survey shall accurately portray 18-1.007 Designated Appraisal Organizations and the parcel’s boundaries, improvements and encumbrances. The Appraiser Eligibility and Selection. survey must have been certified within 90 days of the closing (1) Approved Appraiser List – Eligibility and Selection. on the property unless this requirement is waived by the (a) The Chief Appraiser shall annually send an Division and by the title insurer for the purpose of deleting the announcement to each approved appraisal organization and to standard exceptions for survey matters, easements, or claims of the Florida Real Estate Appraisal Board (FREAB) for easements not shown by the public records from the owner’s publication in their respective newsletters, inviting interested title policy. appraisers to apply for placement on the approved appraiser (11) “Council” means the Acquisition and Restoration list. Council formed by Section 259.035, F.S. 1. An appraiser shall be considered eligible and will be (11) through (15) renumbered (12) through (16) No placed on the list when he has complied with all the following change. criteria: a. through b. No change.

Section III - Notices of Changes, Corrections and Withdrawals 5787 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

c. The appraiser is a state certified appraiser licensed to do 18-2.018 Policies, Standards, and Criteria for Evaluating, business in Florida and certified by the FREAB. Approving or Denying Requests to Use Uplands. d. through e. No change. (1) No change. 2. through 3. No change. (2) General Policies. (2) through (6) No change. (a) through (j) No change. Specific Authority 253.03, 253.025, 259.041 FS. Law Implemented (k) Appraisal services shall be obtained through the 253.025, 259.041 FS. History–New 6-16-86, Amended 1-29-90, Division in accordance with the procedures and requirements 10-30-91,______. provided in Chapter 18-1, F.A.C., except as follows: 1. No change. 18-1.011 Board Action. 2. The appraisal service fee shall be paid by the applicant (1) through (4) No change. and is non-refundable. No appraisal work shall proceed until (5) The Division and the Board may consider an appraisal the Division receives the appraisal fee. When appraisal acquired by the Seller, or any part thereof, in negotiating or services are required prior to an applicant being identified, approving any purchase, but such appraisal may not be used in funding will be provided by the requesting agency or the lieu of an appraisal required by subsection 253.025(6) F.S. or Division and shall be reimbursed to that agency or the Division 259.041(7), F.S., to determine the maximum offer allowed by by the purchaser, lessee or sublessee. If the applicant law except as otherwise provided by law. withdraws its application after appraisal services have begun (5)(6) No change. and any appraisal expenses have been incurred, the appraisal Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, fee will be non-refundable. If no services have begun and no 259.041 FS. History–New 6-16-86, Amended 1-29-90, 10-30-91, expenses have been incurred, the appraisal fee is refundable ______. upon written request of the applicant. For sales for which the applicant paid for the appraisal services and submitted a 18-1.013 Donations. qualified competitive bid but the bid was awarded to another (1) The Board will consider may accepting donations of bidder, the winning bidder shall reimburse the applicant who land if under the following conditions are met: paid for the appraisal services. (a) through (e) No change. (l) through (p) No change. (2) through (3) No change. (3) No change. Specific Authority 253.025, 259.041 FS. Law Implemented 253.025, Specific Authority 253.03(7)(a) FS. Law Implemented 253.001, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 253.02, 253.03, 253.04, 253.034, 253.111, 253.115, 243.42-.44. ______. 253.47, 253.51-.61, 253.62, 253.77, 253.82, 259.035, 270.07, 270.08, 270.11 FS. History–New 6-4-96, Amended 4-17-02,______. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND BOARD OF TRUSTEES OF INTERNAL RULE NOS.: RULE TITLES: IMPROVEMENT TRUST FUND 18-2.017 Definitions RULE NO.: RULE TITLE: 18-2.018 Policies, Standards, and Criteria for 18-24.005 Full Review of Project Proposals Evaluating, Approving or Denying NOTICE OF CHANGE Requests to Use Uplands Notice is hereby given that the following changes have been NOTICE OF CHANGE made to the proposed rule in accordance with subparagraph Notice is hereby given that the following changes have been 120.54(3)(d)1., F.S., published in Vol. 33, No. 22, June 1, 2007 made to the proposed rule in accordance with subparagraph issue of the Florida Administrative Weekly. 120.54(3)(d)1., F.S., published in Vol. 33, No. 29, July 20, 18-24.005 Full Review of Project Proposals. 2007 issue of the Florida Administrative Weekly. (1) through (4) No change. 18-2.017 Definitions. (5) Boundary Modifications. By majority vote, the (1) through (20) No change. council will direct staff to prepare, revise, or update a project (21) Division means the Division of State Lands of the boundary for a project already on the approved list. Department of Environmental Protection. Landowners who wish to have their property removed from an (22) through (68) No change. approved project boundary shall submit by certified mail a Specific Authority 253.03 FS. Law Implemented 253.03, 253.034, letter identifying such property to be removed to the following 259.035 FS. History–New 6-4-96, Amended ______. address: Florida Forever Program; Office of Environmental Services; Mail Station 140, State of Florida Department of Environmental Protection; 3900 Commonwealth Boulevard; Tallahassee, FL 32399-3000. All other proposals to amend the

5788 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 boundary for a project already on the approved list will be addition summary or amended project report to the Council at considered by the council, at its next regularly scheduled its next regularly scheduled meeting after preparation of its meeting, if the following conditions are met: report. (a) Removal of property from Florida Forever Project. (b) The council shall consider a proposed boundary Landowners who wish to have their property removed from an addition only if the applicant provides a complete application approved Florida Forever Project boundary shall submit by as required in paragraph (a), and only if one or more of the certified mail a letter stating they wish their property to be following criteria is met: removed and sufficiently identifying such property to the 1. The county property appraiser’s tax valuation for all address stated in subsection 18-24.003(1), F.A.C. The Council parcels of the proposed addition total less than $5 million; shall approve such removals at its next regularly scheduled 2. The proposed addition meets the criteria for emergency meeting if they meet the foregoing requirements. acquisitions pursuant to Section 253.027 or subsection (a) Each proposed modifications to the project boundary 259.041(15), F.S.; must include an assessment of the proposed modification. The 3. The acreage of proposed addition is less than 10% of the assessment for proposals to add property to an existing project size of the existing project boundary, including areas boundary shall include the following: previously acquired, and is less than 1,000 acres; 1. A complete application that includes all items of 4. The property was previously on an acquisition list information as required in subsection 18-24.003(3), and this developed under Chapter 259, F.S.; section; and 5. The property was previously managed by a state 2. If fee simple acquisition is proposed, a letter from the agency; or proposed managing agency indicating the agency’s willingness 6. The council chair receives written requests to consider a to manage the property and describing the proposed addition’s proposed boundary modification from two or more council relative importance to management of the existing project or to members. the protection of its significant resources; or (c) An affirmative vote of at least five council members 3. If less-than-fee acquisition is proposed, a brief shall be required to add property to or remove property from an description of any known activities or property rights proposed existing project. to be acquired by the state and those proposed to be retained by (c) Each application to add property to an existing Project the landowner. boundary shall, within 30 days of receipt, be reviewed by staff (b) Addition of property to Florida Forever Project. All to verify sufficiency of information in accordance with this boundary additions shall comply with all the requirements of subsection. Applicants who submit incomplete applications Rules 18-24.002, 18-24.003 and 18-24.004, F.A.C., except as shall be notified of each deficiency, and shall have 30 days stated herein. from the date of the deficiency letter within which to submit 1. Boundary addition proposals exceeding 1,000 acres or the missing information. If the missing information is not 10% of the original project acreage or $2,000,000 in the most received by the deadline, the boundary amendment application recent county property appraiser’s assessed value shown on the will be denied and returned to the applicant. owner’s ad valorem tax bill shall be considered new Florida (d) Proposals not meeting at least one of the criteria in Forever Projects and shall not be entitled to the expedited paragraph (b) shall not be considered by the council as a procedures herein. boundary modification, but may be submitted by the applicant 2. Each application to add property to an existing Project as a Florida Forever project proposal pursuant to Rule boundary that meets the criteria of subparagraph 18-24.003, F.A.C. 18-24.005(5)(b)1., F.A.C., shall, within 30 days of receipt, be (e) For a proposed boundary modification that exceeds reviewed by staff to verify sufficiency of information in 5,000 acres in size, staff shall prepare an amended project accordance with this paragraph. Staff shall expedite the evaluation report in accordance with the provisions of application process to add property by updating the original subsection 18-24.005(2), F.A.C., unless the council chair project evaluation report with a project addition summary receives from four or more council members written requests attached, unless staff determines that the original project to consider a proposed boundary modification without a site evaluation report, or any part thereof, does not fairly apply to visit by staff. or represent the property in the addition, is in need of updating, (f) An affirmative vote of at least five council members or other circumstances necessitate preparation of a more shall be required to property to an existing project, while a thorough amended project evaluation report (such as a change majority vote of members present shall be required to remove in flora or fauna, a traumatic event, or a change in land use). property from an existing project. Staff shall state in its project addition summary whether the (g) Parcels of land qualifying as de minimis lands, as foregoing requirements are met. Staff shall submit its project defined in paragraph 18-24.001(2)(f), F.A.C., shall be exempt from the provisions of this section.

Section III - Notices of Changes, Corrections and Withdrawals 5789 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Specific Authority 259.035(1), 259.035(4), 259.105(9), 259.105(18) (3) No change. FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended ______. Specific Authority 455.219(1) FS. Law Implemented 455.219(1) FS. History–New 10-1-00, Amended 8-17-06,______. DEPARTMENT OF CORRECTIONS THE PERSON TO BE CONTACTED REGARDING THE RULE NO.: RULE TITLE: PROPOSED RULE IS April Dawn M. Skilling, Deputy 33-602.220 Administrative Confinement General Counsel, Department of Business and Professional NOTICE OF WITHDRAWAL Regulation, 1940 North Monroe Street, Tallahassee, Florida Notice is hereby given that the above rule, as noticed in Vol. 32399, (850)488-0063. 33, No. 31, August 3, 2007 issue of the Florida Administrative Weekly has been withdrawn. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL Construction Industry Licensing Board REGULATION RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 61G4-12.011 Definitions 61-5.005 License Renewal Fee Waivers NOTICE OF CORRECTION NOTICE OF CHANGE Notice is hereby given that the following correction has been Notice is hereby given that the following changes have been made to the proposed rule in Vol. 33, No. 32, August 10, 2007 made to the proposed rule in accordance with subparagraph issue of the Florida Administrative Weekly. 120.54(3)(d)1., F.S., published in Vol. 33, No. 44, November 2, The correction is as follows: 2007 issue of the Florida Administrative Weekly. The Notice of Change which published on November 2, 2007 The changes are based upon written material received on or in Vol. 33, No. 44 of the Florida Administrative Weekly before the date of the final public hearing. incorrectly stated, “The change is in response to written 61-5.005 License Renewal Fee Waivers. comments submitted by the staff of the Joint Administrative (1) No change. Procedures Committee.” It should have read, “The change is in (2) The full renewal fee is waived for licensees of response to comments received at the public hearing on professions named in this subsection renewing their license in October 10, 2007.” the two year period following the effective date of the most This correction does not affect the substance of the Notice of recent amendment to this rule. Change published on November 2, 2007. (a) Real estate brokers and sales associates, regulated THE PERSON TO BE CONTACTED REGARDING THE pursuant to Part I of Chapter 475, F.S., whose renewal fees are PROPOSED RULE IS: G. W. Harrell, Executive Director, set in Rule 61J2-1.011, F.A.C. and whose biennial license Construction Industry Licensing Board, 1940 North Monroe renewal is scheduled to occur on March 31, 2008, pursuant to Street, Tallahassee, Florida 32399-0750 Rule 61-6.001, F.A.C.; (b) Athlete agents regulated pursuant to Part IX of Chapter DEPARTMENT OF BUSINESS AND PROFESSIONAL 468, F.S., and whose renewal fees are set forth in Rule REGULATION 61-24.004, F.A.C.; Construction Industry Licensing Board (c) Employee leasing, regulated pursuant to Part XI of RULE NO.: RULE TITLE: Chapter 468, F.S., and whose renewal fees are set in Rule 61G4-15.0021 Certification and Registration of 61G7-5.001, F.A.C.; Business Organizations (d) Real estate appraisers, regulated pursuant to Part II of NOTICE OF CHANGE Chapter 475, F.S., and whose renewal fees are set in Rule Notice is hereby given that the following changes have been 61J1-2.001, F.A.C.; made to the proposed rule in accordance with subparagraph (e) Architecture and interior design, regulated pursuant to 120.54(3)(d)1., F.S., published in Vol. 33, No. 16, April 20, Part I of Chapter 481, F.S., and whose renewal fees are set in 2007 issue of the Florida Administrative Weekly. Rules 61G1-17.001, 61G1-17.002 and 61G1-17.003, F.A.C.; The change is in response to written comments submitted by (e)(f) Professional engineers, regulated pursuant to the staff of the Joint Administrative Procedures Committee. Chapter 471, F.S., and whose renewal fees are set forth in Rule This Notice of Change supersedes the previous Notice of 61G15-24.001, F.A.C.; and Change which published on November 2, 2007, in Vol. 33, No. (f)(g) Barbering, regulated pursuant to Chapter 476, F.S., 44, of the Florida Administrative Weekly. The changes are as and whose renewal fees are set forth in Rules 61G3-20.009, follows: 61G3-20.010 and 61G3-20.011, F.A.C. Subsection (3)(b) shall now read as follows:

5790 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

(b) If the business organization has a financially This correction does not affect the substance of the Notice of responsible officer, the financially responsible officer, rather Change published on November 2, 2007. than the qualifying contractor, shall complete the following THE PERSON TO BE CONTACTED REGARDING THE forms which are incorporated by reference: PROPOSED RULE IS: G. W. Harrell, Executive Director, 1. DBPR CILB 4366, Financially Responsible Officer Construction Industry Licensing Board, 1940 North Monroe Application, 2007 November 1, Street, Tallahassee, Florida 32399-0750. 2. If applicable, DBPR 0050, Explanatory Information for Background Questions, 2007 November 1, DEPARTMENT OF ENVIRONMENTAL PROTECTION 3. If applicable, DBPR 0060, General Explanatory Notices for the Department of Environmental Protection Description, 2007 November 1, between December 28, 2001 and June 30, 2006, go to 4. DBPR CILB 4356, Bond Application, 2007 November http://www.dep.state.fl.us/ under the link or button titled 1, “Official Notices.” The forms may be obtained via internet at http://www.myfloridalicense.com/dbpr/pro/cilb/documents/fro DEPARTMENT OF ENVIRONMENTAL PROTECTION _application_package.pdf, or by contacting the Customer RULE NOS.: RULE TITLES: Contact Center of the Department of Business and Professional 62-17.021 Definitions Regulation at 1940 N. Monroe Street, Tallahassee, FL 62-17.143 Recommended Orders, Exceptions 32399-1039. 62-17.293 Fees, Disbursement of Funds, In addition, the financially responsible officer shall comply Contracts with the requirements of Rule 61G4-15.006, F.A.C., except NOTICE OF CHANGE that the financially responsible officer shall also demonstrate a Notice is hereby given that the following changes have been personal or business organization net worth of at least $10,000 made to the proposed rule in accordance with subparagraph regardless of the category of contractor's license held by any 120.54(3)(d)1., F.S., published in Vol. 33, No. 43, October 26, other qualifier for the business organization, $10,000 cash and 2007 issue of the Florida Administrative Weekly. a bond in a form acceptable to the Board’s Executive Director 62-17.021 Definitions. made payable to the Florida Homeowners’ Construction No change. Recovery Fund in the amount of $100,000. For purposes of (1) through (7) No change. Section 489.105(14), F.S., a "person" means a human being (8) “Land use plans and zoning ordinances” means all who is at least eighteen (18) years of age. components of the local government comprehensive plan THE PERSON TO BE CONTACTED REGARDING THE adopted pursuant to Ch. 163, Part II, F.S. and the adopted PROPOSED RULE IS: G. W. Harrell, Executive Director, zoning ordinances and any site-specific zoning approvals. Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750 (9) through (14) renumbered (8) through (13) No change. 62-17.143 Recommended Orders, Exceptions. DEPARTMENT OF BUSINESS AND PROFESSIONAL (1) No change. REGULATION (2) Any final order issued by the department shall address Construction Industry Licensing Board the extent to which the project comports with the provisions of RULE NO.: RULE TITLE: Section 403.509(3), F.S. 61G4-15.006 Financial Responsibility, Definition, (3) No change. Grounds for Denial 62-17.293 Fees, Disbursement of Funds, Contracts. NOTICE OF CORRECTION (1) through (2) No change. Notice is hereby given that the following correction has been (a) through (c) No change. made to the proposed rule in Vol. 33, No. 30, July 27, 2007 (d) Authorized agency expenses for DEP and other issue of the Florida Administrative Weekly. affected agencies may only include direct costs for those items The correction is as follows: identified in Section 403.518(2)(c)1., F.S. The Notice of Change which published on November 2, 2007 (e) No change. in Vol. 33, No. 44 of the Florida Administrative Weekly incorrectly stated, “The change is in response to written DEPARTMENT OF JUVENILE JUSTICE comments submitted by the staff of the Joint Administrative Procedures Committee.” It should have read, “The change is in Residential Services response to comments received at the public hearing on RULE NO.: RULE TITLE: October 10, 2007.” 63E-7.015 Research Projects

Section III - Notices of Changes, Corrections and Withdrawals 5791 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

NOTICE OF WITHDRAWAL the Florida Administrative Code, in Vol. 33, No. 30. These Notice is hereby given that the above rule, as noticed in Vol. changes are being made in response to comments received 33, No. 33, August 17, 2007 issue of the Florida from the Joint Administrative Procedures Committee and the Administrative Weekly has been withdrawn. Board’s vote at the October 25, 2007, Board meeting. The changes are as follows: DEPARTMENT OF HEALTH (5) Psychopathology. This course prepares the student in Board of Chiropractic the evaluation and classification of abnormal human behavior RULE NO.: RULE TITLE: and psychiatric disorders in individuals according to current 64B2-11.001 Application for Licensure diagnostic standards (DSM IVTR and ICD-9 or ICD-10). Examination THE PERSON TO BE CONTACTED REGARDING THESE NOTICE OF CHANGE CHANGES IS: Sue Foster, Executive Director, Board of Notice is hereby given that the following changes have been Clinical Social Work, Marriage and Family Therapy and made to the proposed rule in accordance with subparagraph Mental Health Counseling/MQA, 4052 Bald Cypress Way, Bin 120.54(3)(d)1., F.S., published in Vol. 33, No. 20, May 18, #C08, Tallahassee, Florida 32399-3258 2007 issue of the Florida Administrative Weekly. SECOND NOTICE OF CHANGE DEPARTMENT OF FINANCIAL SERVICES These changes were approved by the Board on November 2, Division of Funeral, Cemetery, and Consumer Services 2007 and were made to address concerns raised by the Joint RULE NO.: RULE TITLE: Administrative Procedures Committee. The changes are as 69K-1.001 List of Approved Forms; follows: Incorporation When changed, subsection (3) shall now read as follows: NOTICE OF CHANGE (3) In order that the Board may timely certify to the Notice is hereby given that the following changes have been Department of Health those applicants eligible to take the made to the proposed rule in accordance with subparagraph examination, all applications, fees and all supporting 120.54(3)(d)1., F.S., published in Vol. 33, No. 24, June 15, documentation including transcripts, NBCE examination 2007 issue of the Florida Administrative Weekly. results, fingerprint card, verification of licensure from other 1. The name of the Department’s website in the first paragraph jurisdictions and, if applicable, certified copies of court records has been changed to http://www.myfloridacfo.com. evidencing a criminal conviction, plea, or other disposition, 2. The forms identified in subsections (20) and (30) have been documents must be on file with the Board no later than March deleted and all of the affected subsections have been 1st of each year for those candidates applying for the May renumbered accordingly. Examination and September 1st for the November 3. The word “Monthly” has been added before the word examination. All applications, fees and all supporting “Report” in subsections (68) through (71) [formerly listed as documents must be on file with the Board no later than subsections (70) through (73)]. September 1st of each year for those candidates applying for the November Examination. Section IV THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Emergency Rules Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND DEPARTMENT OF HEALTH Notices for the Board of Trustees of the Internal Improvement Board of Clinical Social Work, Marriage and Family Trust Fund between December 28, 2001 and June 30, 2006, go Therapy and Mental Health Counseling to http://www.dep.state.fl.us/ under the link or button titled RULE NO.: RULE TITLE: “Official Notices.” 64B4-22.110 Course Content NOTICE OF CHANGE DEPARTMENT OF ENVIRONMENTAL PROTECTION Notice is hereby given that the following changes have been Notices for the Department of Environmental Protection made to the proposed rule in accordance with subparagraph between December 28, 2001 and June 30, 2006, go to 120.54(3)(d)1., F.S., published in Vol. 33, No. 30, July 27, http://www.dep.state.fl.us/ under the link or button titled 2007 issue of the Florida Administrative Weekly. “Official Notices.” 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 the July 27, 2007, issue of

5792 Section IV - Emergency Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Section V or Lands of the District and governs the minimum low member Petitions and Dispositions Regarding Rule elevation of pile-supported facilities within Works or Lands of the District. Generally, the Order sets forth the basis of the Variance or Waiver Governing Board decision to grant the waiver, as follows: 1) the granting of this waiver will not significantly interfere with BOARD OF TRUSTEES OF THE INTERNAL the District’s current ability to perform necessary construction, IMPROVEMENT TRUST FUND alteration, operation and routine maintenance activities property interests and ability to construct, operate and maintain Notices for the Board of Trustees of the Internal Improvement Works and Lands of the District activities; and 2) the Order Trust Fund between December 28, 2001 and June 30, 2006, go granting a waiver from the subject rule would prevent the to http://www.dep.state.fl.us/ under the link or button titled Petitioner from suffering a substantial hardship. “Official Notices.” A copy of the Order may be obtained by contacting: Juli Triola, South Florida Water Management District, 3301 Gun Club WATER MANAGEMENT DISTRICTS Road, MSC 1410, West Palm Beach, FL 33406-4680, NOTICE IS HEREBY GIVEN THAT on November 27, 2007, (561)682-6268 or by e-mail [email protected]. the Suwannee River Water Management District, received a petition for variance from Jerry & Janet Barnes, 24271 NOTICE IS HEREBY GIVEN THAT on November 15, 2007, Highway 247, O’Brien, FL 32071, pursuant to Section the South Florida Water Management District (“District”) has 120.542, F.S. Petitioner is seeking a variance from paragraph issued an order. 40B-4.3030(12)(b), F.A.C., to the 75-foot setback requirement. The District Governing Board issued an Order Granting The previous property owner constructed a residential addition Waiver under Section 120.542, F.S. (SFWMD in Lafayette County, in Township 6 South, Range 14 East, 2007-807-DAO-ROW), on November 15, 2007, to the Florida Section 17, which encroaches in the 75-foot setback of the Department of Transportation. The petition for waiver was Suwannee River. These rules are intended to set forth criteria received by the SFWMD on August 28, 2007. Notice of receipt for development activities with a Work of the District. of the petition requesting the waiver was published in the Comments on this petition should be filed with: Jon Dinges, F.A.W., Vol. 33, No. 39, on September 28, 2007. No public District Clerk, SRWMD, 9225 CR 49, Live Oak, FL 32060, comment was received. This Order provides a waiver for the within 14 days of publication of this notice. The petition has widening of US-1/SR5 over the C-103N Canal under been assigned ERP Number 07-0542. Modification to Right of Way Occupancy Permit Number A copy of the Petition for Variance or Waiver may be obtained 3103; Section 33, Township 56 South, Range 39 East, by contacting: Robin Lamm, Administrative Assistant, Miami-Dade County. Specifically, the Order grants a waiver of Suwannee River Water Management District, 9225 CR 49, subsections 40E-6.011(4) and (6), and paragraph Live Oak, FL 32060, (386)362-1001 or (800)226-1066 in 40E-6.221(2)(j), F.A.C., which governs the placement of Florida only. permanent and semi-permanent encroachments within Works or Lands of the District and governs the minimum low member NOTICE IS HEREBY GIVEN THAT on November 15, 2007, elevation of pile-supported facilities within Works or Lands of the South Florida Water Management District (“District”) has the District. Generally, the Order sets forth the basis of the issued an order. Governing Board decision to grant the waiver, as follows: 1) The District Governing Board issued an Order Granting the granting of this waiver will not significantly interfere with Waiver under Section 120.542, F.S. (SFWMD the District’s current ability to perform necessary construction, 2007-806-DAO-ROW), on November 15, 2007, to the Florida alteration, operation and routine maintenance activities Department of Transportation. The petition for waiver was property interests and ability to construct, operate and maintain received by the SFWMD on August 28, 2007. Notice of receipt Works and Lands of the District activities; and 2) the Order of the petition requesting the waiver was published in the granting a waiver from the subject rule would prevent the F.A.W., Vol. 33, No. 39, on September 28, 2007. No public Petitioner from suffering a substantial hardship. comment was received. This Order provides a waiver for the A copy of the Order may be obtained by contacting: Juli Triola, widening of US-1/SR5 over the C-103 Canal under South Florida Water Management District, 3301 Gun Club Modification to Right of Way Occupancy Permit Number Road, MSC 1410, West Palm Beach, FL 33406-4680, 2848; Section 33, Township 56 South, Range 39 East, (561)682-6268 or by e-mail [email protected]. Miami-Dade County. Specifically, the Order grants a waiver of subsections 40E-6.011(4) and (6), and paragraph NOTICE IS HEREBY GIVEN THAT on November 15, 2007, 40E-6.221(2)(j), F.A.C., which governs the placement of the South Florida Water Management District (“District”) has permanent and semi-permanent encroachments within Works issued an order.

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 5793 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

The District Governing Board issued an Order Granting the end of business on the 14th day at the South Florida Water Waiver under Section 120.542, F.S. (SFWMD Management District, 3301 Gun Club Road, MSC 1410, West 2007-808-DAO-ROW), on November 15, 2007, to the Collier Palm Beach, FL 33406, Attn: Juli Triola, Office of Counsel. County Parks and Recreation Department. The petition for waiver was received by the SFWMD on August 15, 2007. DEPARTMENT OF BUSINESS AND PROFESSIONAL Notice of receipt of the petition requesting the waiver was REGULATION published in the F.A.W., Vol. 33, No. 35, on August 31, 2007. No public comment was received. This Order provides a NOTICE IS HEREBY GIVEN that on November 5, 2007, the waiver for the proposed installation of a concrete sidewalk Florida Department of Business and Professional Regulation, with aluminum pedestrian railing along the south side of the Division of Hotels and Restaurants, received a petition for an Spanish Oaks Lane bridge crossing the I-75 Canal and within Emergency Variance for subsections 61C-4.0101(1) and the southwest bridge quadrant at its intersection with Tarpon 61C-4.010(6), Florida Administrative Codes from Taco Loco Bay Boulevard in Collier County under Right of Way Lunchi Mex Corporation located in Plant City. The above Occupancy Permit Number 13189; Section 29, Township 48 referenced F.A.C. addresses food supplies, food protection, and South, Range 26 East, Collier County. Specifically, the Order physical facilities-except as specifically provided in this rule, grants a waiver of subsections 40E-6.011(4) and (6), and Rule public food service establishments shall be subject to the 40E-6.221, F.A.C., which governs the placement of provisions of chapter three and chapter six of the FDA Food above-ground permanent and semi-permanent encroachments Code. They are requesting to do open air food service on a within Works or Lands of the District. Generally, the Order sets Mobile Food Dispensing Vehicle. forth the basis of the Governing Board decision to grant the A copy of the Petition for Variance or Waiver may be obtained waiver, as follows: 1) the granting of this waiver will not by contacting: [email protected]. significantly interfere with the District’s current ability to perform necessary construction, alteration, operation and NOTICE IS HEREBY GIVEN THAT on November 6, 2007, routine maintenance activities property interests and ability to the Florida Department of Business and Professional construct, operate and maintain Works and Lands of the Regulation, Division of Hotels and Restaurants, received a District activities; and 2) the Order granting a waiver from the petition for an Emergency Variance for subsection subject rule would prevent the Petitioner from suffering a 61C-4.010(7), Florida Administrative Code, from the Cuban substantial hardship. sandwich X press located in Melbourne. The above referenced A copy of the Order may be obtained by contacting: Juli Triola, F.A.C. states that all bathrooms shall be of easy and convenient South Florida Water Management District, 3301 Gun Club access to both patrons and employees… They are requesting a Road, MSC 1410, West Palm Beach, FL 33406-4680, variance to share bathroom facilities with an adjacent (561)682-6268 or by e-mail [email protected]. establishment. A copy of the Petition for Variance or Waiver may be obtained NOTICE IS HEREBY GIVEN THAT on November 19, 2007, by contacting [email protected]. the South Florida Water Management District (District), received a petition for waiver from Olimpia T. Ruiz, amending NOTICE IS HEREBY GIVEN THAT on November 7, 2007, her previous petition received on November 8, 2007, regarding the Florida Department of Business and Professional Application No. 07-1108-1 for issuance of a Right of Way Regulation, Division of Hotels and Restaurants, received a Occupancy Permit for utilization of Works or Lands of the petition for an Emergency Variance for subsections District known as the C-4, Miami-Dade County, to allow a 61C-4.010(5) and 61C-1.004(1), Florida Administrative Code, proposed fence enclosure to encroach 8.5' and a portion of an from Garden Café located in Naples. The above referenced existing air conditioner slab encroaching .5' within the north F.A.C. refers to Chapters four and five in the 2001 Federal right of way of C-4 adjacent to 651 S. W. 130th Avenue, lying Food and Drug Administration (FDA) Food Code. The in Section 2, Township 54 South, Range 39 East. The petition Chapters in the 2001 FDA Food Code refer to required seeks relief from subsections 40E-6.011(4) and (6), F.A.C., cooling, heating, holding, warewashing, and service sink which governs the placement of permanent and/or equipment in food service establishments. The Petitioner is semi-permanent above-ground encroachments within 40 feet requesting to share warewashing facilities and service sink of the top of the canal bank. equipment with a licensed food service establishment on the A copy of the Petition for Variance or Waiver may be obtained same premises. by contacting: Juli Triola at (561)682-6268 or e-mail at A copy of the Petition for Variance or Waiver may be obtained [email protected]. The District will accept comments by contacting [email protected]. concerning the petition for 14 days from the date of publication of this notice. To be considered, comments must be received by

5794 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

NOTICE IS HEREBY GIVEN THAT on November 13, 2007, A copy of the Petition for Variance or Waiver may be obtained the Florida Department of Business and Professional by contacting Sue Foster, Executive Director at Regulation, Division of Hotels and Restaurants, received a (850)245-4474. petition for an Emergency Variance for subsections 61C-4.0101(1) and 61C-4.010(6), Florida Administrative NOTICE IS HEREBY GIVEN THAT on November 6, 2007, Code, from Aimmee Lee Angizer Mobile located in Orlando. the Department of Health, received a petition for variance or The above referenced F.A.C. addresses food supplies, food waiver from sub-sub-subparagraph 64F-12.015(6)(d), (1), (b) protection, and physical facilities-except as specifically (iii), F.A.C. The petitioner is Organon API, Inc., 2136 South provided in this rule, public food service establishments shall Wolf Road, Des Plaines, IL 60018, Contact Person: Fred Figa, be subject to the provisions of chapter three and chapter six of Senior Legal Counsel, Organon USA, Inc., (973)325-4503, the FDA Food Code. They are requesting to do open air food Fax: (973)325-4705. service on a Mobile Food Dispensing Vehicle. Organon API Inc. requests a variance from A copy of the Petition for Variance or Waiver may be obtained sub-sub-subparagraph 64F-12.015(6)(d), (1), (b)(iii), F.A.C. by contacting [email protected]. That section provides that a company may be licensed by the state as a non-resident manufacturer of prescription drugs if it NOTICE IS HEREBY GIVEN THAT on November 7, 2007, is “a private label distributor and the private label distributor’s the Construction Industry Licensing Board, received a petition prescription drugs are originally manufactured and labeled for for waiver or variance of Rule 61G4-16.005, F.A.C., from Seth the distributor and have not been repackaged.” It is Organon Asher Rabinowitz, with respect to the duration of validity of API Inc.’s understanding that the Board of Pharmacy has exam results. interpreted this provision as requiring that the private label A copy of the Petition for Variance or Waiver may be obtained distributor’s name appear on the product labels. Organon API by contacting: G. W. Harrell, Executive Director, Construction Inc.’s name does not appear on the labels of the products Industry Licensing Board, Northwood Center, 1940 N. Monroe manufactured for it and, therefore, Organon API Inc. requests a Street, Tallahassee, FL 32399-0750. variance from this code requirement. A copy of the Petition for Variance or Waiver may be obtained DEPARTMENT OF ENVIRONMENTAL PROTECTION by contacting: Rebecca R. Poston, R.Ph., Executive Director, Board of Pharmacy and Drugs, Devices, and Cosmetics Notices for the Department of Environmental Protection Program, 4052 Bald Cypress Way, Bin C-04, Tallahassee, FL between December 28, 2001 and June 30, 2006, go to 32399-3254, telephone: (850)245-4292. http://www.dep.state.fl.us/ under the link or button titled “Official Notices.” Section VI DEPARTMENT OF HEALTH Notices of Meetings, Workshops and Public NOTICE IS HEREBY GIVEN THAT on November 8, 2007, Hearings the Board of Dentistry, received a petition for a waiver or variance of subsection 64B5-2.0146(2), F.A.C., with respect to DEPARTMENT OF LEGAL AFFAIRS the following licensure requirement: that each applicant for a The Department of Legal Affairs, Council on the Social Florida dental license successfully completes supplemental Status of Black Men and Boys announces a public meeting to remedial education to the level of a graduating senior, filed by which all persons are invited. Edwin A. Bayo on behalf of Oscar Arevalo. DATE AND TIME: December 18, 2007, 2:00 p.m. – 4:00 p.m. A copy of the Petition for Variance or Waiver may be obtained PLACE: Room 216, The Capitol, Tallahassee, Florida by contacting Sue Foster, Executive Director at GENERAL SUBJECT MATTER TO BE CONSIDERED: The (850)245-4474. Council shall make a systematic study of the conditions affecting black men and boys, including, but not limited to, NOTICE IS HEREBY GIVEN THAT on November 8, 2007, homicide rates, arrest and incarceration rate, poverty, violence, the Board of Dentistry, received a petition for seeking a waiver drug abuse, death rates, disparate annual income levels, school or variance of subsection 64B5-2.0146(2), F.A.C., with respect performance in all grade levels including postsecondary levels, to the following licensure requirement: that each applicant for and health issues. This purpose of this meeting is to review the a Florida dental license successfully completes supplemental Council’s initial annual report with the Attorney General. remedial education to the level of a graduating senior, by A copy of the agenda may be obtained by contacting: Rick Edwin A. Bayo on behalf of Jennifer Sorroza. Nuss via telephone at (850)414-3300.

Section VI - Notices of Meetings, Workshops and Public Hearings 5795 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: The Act, any person requiring special accommodations to meeting will be to review, discuss and seek consensus on a participate in this workshop/meeting is asked to advise the package or recommendations to the legislature for proposed agency at least 48 hours before the workshop/meeting by refinements to Florida’s regulation and use of consumer contacting the Bureau of Criminal Justice Programs at fertilizers to ensure they are based on the best available science (850)414-3300. If you are hearing or speech impaired, please and uniform subject to variations necessary to meet mandated contact the agency using the Florida Relay Service, state and federal water quality standards. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). A copy of the agenda may be obtained by contacting: Mr. For more information, you may contact the Bureau of Criminal Anderson H. “Andy” Rackley, Director, Division of Justice Programs at (850)414-3300. Agricultural Environmental Services, 3125 Conner Boulevard, Suite F, Tallahassee, Florida 32399, (850)488-3731. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES The Department of Agriculture and Consumer Services announces a public meeting to which all persons are invited. The Florida Department of Agriculture and Consumer Services announces a public meeting to which all persons are DATE AND TIME: December 20, 2007, 8:30 a.m. invited. PLACE: Eyster Auditorium, Doyle Conner Building, 3125 DATE AND TIME: Monday, December 17, 2007, 5:30 p.m. Conner Boulevard, Tallahassee, Florida 32399 PLACE: Ocala/Marion County Chamber of Commence, 110 E. GENERAL SUBJECT MATTER TO BE CONSIDERED: Silver Springs Boulevard, Ocala, Florida 34470 Organizational meeting of the Consumer Fireworks Task Force. GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Jeff This meeting is open to the entire Horse Park Authority to Vowell, Division of Forestry, 3125 Conner Boulevard, discuss Horse Park business. Tallahassee, Florida 32399 or call (850)414-0843. A copy of the agenda may be obtained by contacting: Richard Gunnels at (850)488-3022 or email [email protected]. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to Pursuant to the provisions of the Americans with Disabilities participate in this workshop/meeting is asked to advise the Act, any person requiring special accommodations to agency at least 24 hours before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: Jeff Vowell, Division of Forestry, 3125 Conner agency at least 2 days before the workshop/meeting by Boulevard, Tallahassee, Florida 32399 or call (850)414-0843. contacting: Richard Gunnels at (850)488-3022 or email If you are hearing or speech impaired, please contact the [email protected]. If you are hearing or speech agency using the Florida Relay Service, 1(800)955-8771 impaired, please contact the agency using the Florida Relay (TDD) or 1(800)955-8770 (Voice). Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). For more information, you may contact: Jeff Vowell, Division of Forestry, 3125 Conner Boulevard, Tallahassee, Florida The Animal Industry Technical Council (AITC) announces a 32399 or call (850)414-0843. meeting to which all interested persons are invited. DATE AND TIMES: January 11, 2008, 8:30 a.m. – 12:00 DEPARTMENT OF EDUCATION Noon, Quarterly Meeting; Tour of the veterinary hospital, 12:00 Noon – 2:00 p.m. The Office of Early Learning announces a public meeting to PLACE: University of Florida, College of Veterinary which all persons are invited. Medicine, Equine Auditorium DATES AND TIMES: December 6, 2007, 10:00 a.m. – 5:00 GENERAL SUBJECT MATTER TO BE CONSIDERED: For p.m.; December 7, 2007, 8:30 a.m. – 3:00 p.m. a quarterly meeting with a tour of the veterinary hospital. PLACE: Hyatt Regency Orlando International Airport, For more information, please contact Anne Vuxton at Intercontinental Ballroom I, Orlando, FL (850)410-0914. GENERAL SUBJECT MATTER TO BE CONSIDERED: Review and Revision of the Voluntary Prekindergarten (VPK) The Consumer Fertilizer Task Force announces a public Education Program Standards (2005). meeting to which all persons are invited. The Florida Department of Education, Office of Early DATE AND TIME: December 17, 2007, 8:00 a.m. – 5:00 p.m. Learning, is pleased to announce the first of two Panel of PLACE: University of Florida/IFAS Mid-Florida Research and Experts’ Meetings to review the Voluntary Prekindergarten Education Center Auditorium, 2725 South Binion Road, (VPK) Education Performance Standards (2005). The focus of Apopka, Florida 32703, (407)884-2034

5796 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 this meeting will be: emergent literacy, language and PLACE: Tallahassee Community College Capitol Center, 300 communication, physical health, approaches to learning, social W. Pensacola Street, Room 1111, Tallahassee FL 32312 and emotional development, and motor development. GENERAL SUBJECT MATTER TO BE CONSIDERED: The The area of Cognitive Development and General Knowledge Charter School Appeal Commission Hearing will be hearing (mathematics, science, social studies, the arts) will be the Termination of Sawgrass Academy vs. Brevard County discussed at a second meeting on December 17 and 18, 2007. School Board, Osprey Academy vs. Brevard County School A copy of the agenda may be obtained by contacting: Office of Board and the Application Denials of Pinecrest Academy, Inc. Early Learning at [email protected] or (850)245-0445. vs Orange County School Board and Imagine Sarasota County Pursuant to the provisions of the Americans with Disabilities LLC vs. Sarasota County School Board. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: Office of participate in this workshop/meeting is asked to advise the Independent Education and Parental Choice, 325 West Gaines agency at least 5 days before the workshop/meeting by Street, Suite 522, Tallahassee, Florida 32399, (850)245-0502. contacting: Office of Early Learning at earlylearning@ fldoe.org or (850)245-0445. If you are hearing or speech The Department of Education, Digital Divide Council impaired, please contact the agency using the Florida Relay announces a public meeting to which all persons are invited. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DATE AND TIME: December 14, 2007, 10:00 a.m. For more information, you may contact: Office of Early PLACE: This meeting will take place via conference phone. Learning at [email protected] or (850)245-0445. The call in number is 1(888)808-6959. The conference code is 2459322 to be followed by the # sign. The Office of Early Learning announces a public meeting to GENERAL SUBJECT MATTER TO BE CONSIDERED: which all persons are invited. goals of the Council, membership, and implementation of DATES AND TIMES: December 17, 2007, 10:00 a.m. – 5:00 technology programs across the state. p.m.; December 18, 2007, 8:30 a.m. – 1:30 p.m. A copy of the agenda may be obtained by contacting: Kate PLACE: Hyatt Regency Orlando International Airport, Kemker, PhD, Bureau Chief, Bureau of Instruction and Intercontinental Ballroom I, Orlando, FL Innovation, Florida Department of Education, 325 West Gaines GENERAL SUBJECT MATTER TO BE CONSIDERED: Street, Ste. 432, Tallahassee, FL 32399, (850)245-9868, Fax: Review and Revision of the Voluntary Prekindergarten (VPK) (850)245-0826, [email protected]. Education Performance Standards (2005). The Florida Department of Education, Office of Early The Education Practices Commission announces a hearing to Learning, is pleased to announce the second of two Panel of which all persons are invited. Experts’ Meetings to review the Voluntary Prekindergarten DATE AND TIMES: December 14, 2007, 9:00 a.m. or as soon (VPK) Education Performance Standards (2005). The focus of thereafter as can be heard, An Administrator Hearing Panel; this meeting will be standards in the area of Cognitive Teacher Hearing Panel, 9:30 a.m. or as soon thereafter as can Development and General Knowledge (mathematics, science, be heard social studies, the arts). PLACE: Residence Inn Tallahassee, 600 West Gaines Street, A copy of the agenda may be obtained by contacting: Office of Tallahassee, Florida 32304, (850)329-9080 Early Learning at [email protected] or (850)245-0445. GENERAL SUBJECT MATTER TO BE CONSIDERED: The Pursuant to the provisions of the Americans with Disabilities Hearing Panel of the Education Practices Commission will Act, any person requiring special accommodations to consider final agency action in matters dealing with the participate in this workshop/meeting is asked to advise the disciplining of certified educators. agency at least 5 days before the workshop/meeting by A copy of the agenda may be obtained by contacting: contacting: Office of Early Learning at earlylearning@ Education Practices Commission, 325 W. Gaines Street, 224 fldoe.org or (850)245-0445. If you are hearing or speech Turlington Building, Tallahassee, Florida 32399-0400. impaired, please contact the agency using the Florida Relay Pursuant to the provisions of the Americans with Disabilities Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Act, any person requiring special accommodations to For more information, you may contact: Office of Early participate in this workshop/meeting is asked to advise the Learning at [email protected] or (850)245-0445. agency at least 5 days before the workshop/meeting by contacting: Kathleen M. Richards at (850)245-0455. If you are The Charter School Appeal Commission announces a hearing or speech impaired, please contact the agency using the hearing to which all persons are invited. Florida Relay Service, 1(800)955-8771 (TDD) or DATE AND TIME: December 12, 2007, 9:00 a.m. – until 1(800)955-8770 (Voice). completion

Section VI - Notices of Meetings, Workshops and Public Hearings 5797 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

If any person decides to appeal any decision made by the (Communications Services Tax; Public Use Forms). Notice of Board with respect to any matter considered at this meeting or this proposed adoption was published in the F.A.W., on hearing, he/she will need to ensure that a verbatim record of October 19, 2007 (Vol. 33, No. 42, pp. 4895-4896). A Rule the proceeding is made, which record includes the testimony Development Workshop was held on September 11, 2007, and and evidence from which the appeal is to be issued. a Rule Hearing was subsequently held on November 13, 2007. For more information, you may contact: Education Practices No comments have been submitted regarding these proposed Commission, 325 W. Gaines Street, 224 Turlington Building, rule amendments. Tallahassee, Florida 32399-0400. A copy of the agenda may be obtained by contacting Larry Green at (850)922-4830. DEPARTMENT OF REVENUE Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The Department of Revenue announces a public meeting to participate in this workshop/meeting is asked to advise the which all persons are invited. agency at least 48 hours before the workshop/meeting by DATE AND TIME: December 18, 2007, during a regular contacting Larry Green at (850)922-4830. If you are hearing or meeting of the Governor and Cabinet, which begins at 9:00 speech impaired, please contact the agency using the Florida a.m. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 PLACE: Cabinet Meeting Room, Lower Level, The Capitol, (Voice). Tallahassee, Florida For more information, you may contact Larry Green at GENERAL SUBJECT MATTER TO BE CONSIDERED: (850)922-4830. Approval of the proposed amendments to Rule 12A-1.008, Florida Administrative Code (Sales and Use Tax — The Department of Revenue announces a public meeting to Newspapers, Community Newspapers, Shoppers, Magazines which all persons are invited. and Other Periodicals). Notice of this proposed adoption was DATE AND TIME: December 18, 2007, during a regular published in the F.A.W., on October 12, 2007 (Vol. 33, No. 41, meeting of the Governor and Cabinet, which begins at 9:00 pp. 4750-4751). A Rule Development Workshop was held on a.m. February 20, 2007. Comments were received at the workshop PLACE: Cabinet Meeting Room, Lower Level, The Capitol, and the Department amended the proposed rule based on the Tallahassee, Florida comments. A rule hearing was subsequently held on November 5, 2007. No comments were submitted during or after this GENERAL SUBJECT MATTER TO BE CONSIDERED: hearing. Approval of the proposed amendments to Rule 12C-1.0221, A copy of the agenda may be obtained by contacting Larry Florida Administrative Code (Corporate Income Tax — Green at (850) 922-4830. Returns, Notices, and Elections; Signing and Verification). Notice of this proposed adoption was published in the F.A.W., Pursuant to the provisions of the Americans with Disabilities on October 12, 2007 (Vol. 33, No. 41, pp. 4751-4753). No Act, any person requiring special accommodations to comments were received at the Rule Development Workshop participate in this workshop/meeting is asked to advise the that was held on August 14, 2007. A rule hearing was agency at least 48 hours before the workshop/meeting by subsequently held on November 5, 2007. No comments were contacting: Larry Green at (850)922-4830. If you are hearing submitted during this hearing. Comments were submitted after or speech impaired, please contact the agency using the Florida the hearing by the Joint Administrative Procedures Committee Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 of the Florida Legislature. The Department published a Notice (Voice). of Change in the F.A.W., on December 7, 2007 amending this For more information, you may contact Larry Green at proposed rule to conform it to the Committee’s comments. (850)922-4830. A copy of the agenda may be obtained by contacting Larry Green at (850)922-4830. The Department of Revenue announces a public meeting to Pursuant to the provisions of the Americans with Disabilities which all persons are invited. Act, any person requiring special accommodations to DATE AND TIME: December 18, 2007, during a regular participate in this workshop/meeting is asked to advise the meeting of the Governor and Cabinet, which begins at 9:00 agency at least 48 hours before the workshop/meeting by a.m. contacting Larry Green at (850)922-4830. If you are hearing or PLACE: Cabinet Meeting Room, Lower Level, The Capitol, speech impaired, please contact the agency using the Florida Tallahassee, Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 GENERAL SUBJECT MATTER TO BE CONSIDERED: (Voice). Approval of the proposed amendments to paragraph 12A-19.100(4)(a), Florida Administrative Code

5798 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

For more information, you may contact Larry Green at DATE AND TIME: December 18, 2007, 1:00 p.m. – 5:00 p.m. (850)922-4830. PLACE: The Westin Tampa Harbour Island, 725 South Harbour Island Boulevard, Tampa, Florida 33602 The Department of Revenue announces a public meeting on GENERAL SUBJECT MATTER TO BE CONSIDERED: The Rules 12C-2.001, Definitions; 12C-2.002, Property Subject to Strategic Aggregates Review Task Force, recently formed by Tax – Annual and Nonrecurring; 12C-2.003, Exemptions; the Florida Legislature under CS/HB 985, will hold the first in 12C-2.004, Levy of Tax – Annual and Nonrecurring; a series of public meetings to discuss improvements in policy 12C-2.005, Due Date – Payment of Tax – Discounts Allowed; and public investment as it relates to the availability of 12C-2.006, Taxable Situs – Reporting Requirements – Who construction aggregate materials and related mining/land use Shall File a Return; 12C-2.0061, Transfer of Intangible practices in the State of Florida. The first meeting will include Personal Property to Certain Out-of-State Entities; discussions of task force organization, rules of procedure and 12C-2.0062, Management or Control; 12C-2.0063, Intangible stakeholder perspectives. Verbal and written comments may be Personal Property Held in Trusts; 12C-2.007, Penalties and provided at the informational meeting or sent by mail to: Interest; 12C-2.008, Information Reports; 12C-2.010, Christine McDonald, Public Information Officer, 5007 N. E. Valuations; 12C-2.0105, Tax Credits; 12C-2.011, 39th Avenue, Gainesville, FL 32609 or via the web at Administration; 12C-2.0115, Public Use Forms; 12C-2.012, http://www.dot.state.fl.us/statematerialsoffice/administration/r Refunds, F.A.C. to which all persons are invited. esources/library/issues-trends/aggtaskforce/contactus.html. DATE AND TIME: December 18, 2007, during a regular A copy of the agenda may be obtained by contacting: Christine meeting of the Governor and Cabinet, which begins at 9:00 McDonald, Public Information Officer at (352)955-6624 or by a.m. e-mail at [email protected]. PLACE: Cabinet Meeting Room, Lower Level, The Capitol, Pursuant to the provisions of the Americans with Disabilities Tallahassee, Florida Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the Approval of the proposed amendments to Rule Chapter 12C-2, agency at least 7 days before the workshop/meeting by Florida Administrative Code (Intangible Personal Property contacting: Christine McDonald, Public Information Officer at Tax). Notice of this proposed adoption was published in the (352)955-6624 or by e-mail at christine.mcdonald@dot. F.A.W., on October 19, 2007 (Vol. 33, No. 42, pp. 4897-4907). state.fl.us. If you are hearing or speech impaired, please A Rule Development Workshop was held on August 27, 2007, contact the agency using the Florida Relay Service, and a Rule Hearing was subsequently held on November 13, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 2007. No comments were submitted during or after the For more information, you may contact: Christine McDonald, workshop, and no comments were submitted at the hearing. Public Information Officer at (352)955-6624 or by e-mail at After the hearing the Joint Administrative Procedures [email protected]. Committee of the Florida Legislature requested a copy of a form, which the Department provided. The Strategic Aggregates Review Task Force announces a A copy of the agenda may be obtained by contacting Larry public meeting to which all persons are invited. Green at (850)922-4830. DATE AND TIME: December 19, 2007, 8:00 a.m. – 5:00 p.m. Pursuant to the provisions of the Americans with Disabilities PLACE: The Westin Tampa Harbour Island, 725 South Act, any person requiring special accommodations to Harbour Island Boulevard, Tampa, Florida 33602 participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: The agency at least 48 hours before the workshop/meeting by Strategic Aggregates Review Task Force, recently formed by contacting Larry Green at (850)922-4830. If you are hearing or the Florida Legislature under CS/HB 985, will hold the first in speech impaired, please contact the agency using the Florida a series of public meetings to discuss improvements in policy Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 and public investment as it relates to the availability of (Voice). construction aggregate materials and related mining/land use For more information, you may contact Larry Green at practices in the State of Florida. The first meeting will include (850)922-4830. discussions of task force organization, rules of procedure and stakeholder perspectives. Verbal and written comments may be DEPARTMENT OF TRANSPORTATION provided at the informational meeting or sent by mail to: Christine McDonald, Public Information Officer, 5007 N. E. The Strategic Aggregates Review Task Force announces a 39th Avenue, Gainesville, FL 32609 or via the web at public meeting to which all persons are invited. http://www.dot.state.fl.us/statematerialsoffice/administration/r esources/library/issues-trends/aggtaskforce/contactus.html.

Section VI - Notices of Meetings, Workshops and Public Hearings 5799 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

A copy of the agenda may be obtained by contacting: Christine DATE AND TIME: January 8, 2008, 9:00 a.m. – 12:00 Noon McDonald, Public Information Officer at (352)955-6624 or by PLACE: Florida Department of Transportation, 605 Suwannee e-mail at [email protected]. Street, Burns Building, 5th Floor, Commission Office, Pursuant to the provisions of the Americans with Disabilities Tallahassee, Florida Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the Teleconference of the Florida Transportation Commission’s agency at least 7 days before the workshop/meeting by Subcommittee to discuss additional oversight of the contacting: Christine McDonald, Public Information Officer at Transportation Authorities as stated in HB 985. (352)955-6624 or by e-mail at christine.mcdonald@dot. A copy of the agenda may be obtained by contacting Cathy state.fl.us. If you are hearing or speech impaired, please Goodman at (850)414-4105. contact the agency using the Florida Relay Service, Pursuant to the provisions of the Americans with Disabilities 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Act, any person requiring special accommodations to For more information, you may contact: Christine McDonald, participate in this workshop/meeting is asked to advise the Public Information Officer at (352)955-6624 or by e-mail at agency at least 48 hours before the workshop/meeting by [email protected]. contacting Cathy Goodman at (850)414-4105. If you are hearing or speech impaired, please contact the agency using the The Strategic Aggregates Review Task Force announces an Florida Relay Service, 1(800)955-8771 (TDD) or informational tour of the Port of Tampa that has been 1(800)955-8770 (Voice). scheduled for the members of the task force. For more information, you may contact: Florida Transportation DATE AND TIME: December 20, 2007, 8:00 a.m. – 12:00 Commission, Room 176, M.S. 9, 605 Suwannee Street, Noon Tallahassee, Florida 32399-0450, (850)414-4105. PLACE: The Westin Tampa Harbour Island, 725 South Harbour Island Boulevard, Tampa, Florida 33602 BOARD OF TRUSTEES OF THE INTERNAL GENERAL SUBJECT MATTER TO BE CONSIDERED: The IMPROVEMENT TRUST FUND Strategic Aggregates Task Force, recently formed by the Notices for the Board of Trustees of the Internal Improvement Florida Legislature under CS/HB 985, will take a tour of the Trust Fund between December 28, 2001 and June 30, 2006, go Port of Tampa on Thursday, December 20, 2007. Public to http://www.dep.state.fl.us/ under the link or button titled participation in the Port of Tampa tour will be limited to 10 “Official Notices.” participants due to the size of the vessel that will transport the task force members. This scheduled event is intended to be a fact-finding session for the sole purpose of gathering DEPARTMENT OF CITRUS information only, therefore, no recommendations will be made, The Florida Department of Citrus, Marketing Alternatives no public business will be discussed and no votes will be taken. Subcommittee announces a public meeting to which all If you are interested in participating in this event, please persons are invited. contact Christine McDonald, Public Information Officer at DATE AND TIME: Tuesday, December 18, 2007, 1:00 p.m. (352)955-6624 or by e-mail at christine.mcdonald@dot. PLACE: Florida Department of Citrus, 1115 East Memorial state.fl.us. The final ten participants will be randomly selected. Blvd., Lakeland, FL Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: The Act, any person requiring special accommodations to purpose of this meeting will be to review staff white paper participate in this tour is asked to advise the agency at least summarizing possible alterations of existing FCC/FDOC seven days prior to the meeting by contacting: Christine strategies and future marketing programs to effectively McDonald, Public Information Officer at (352)955-6624 or by eliminate free riders, including the potential incremental costs e-mail at [email protected]. (both monetary and risks) of such program alterations. The For additional information, please contact: Christine Subcommittee will also discuss any other issues that may McDonald, Public Information Officer, Florida Department of properly come before the Subcommittee. Transportation, State Materials Office, 5007 Northeast 39th A copy of the agenda may be obtained by contacting: Teresa Avenue, Gainesville, Florida 32609, (352)955-6624. Czerny at (863)499-2500. Pursuant to the provisions of the Americans with Disabilities The Florida Transportation Commission announces a public Act, any person requiring special accommodations to meeting to which all persons are invited. participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Bill Jones at (863)499-2500. If you are hearing or

5800 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 speech impaired, please contact the agency using the Florida GENERAL SUBJECT MATTER TO BE CONSIDERED: Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Regularly scheduled meeting for all Parole, Conditional (Voice). Release, Conditional Medical Release, Addiction Recovery For more information, you may contact: Teresa Czerny at and Control Release matters as well as other Commission (863)499-2500. business. A copy of the agenda may be obtained by contacting: Florida The Florida Department of Citrus, Florida Citrus Parole Commission, 2601 Blair Stone Road, Bldg. C, Commission announces a public meeting to which all persons Tallahassee, Florida 32399-2450. are invited. Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: Wednesday, December 19, 2007, 9:00 a.m. Act, any person requiring special accommodations to PLACE: Florida Department of Citrus, 1115 East Memorial participate in this workshop/meeting is asked to advise the Blvd., Lakeland, FL agency at least five days before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: The contacting: Florida Parole Commission, 2601 Blair Stone Commission will convene for the purpose of standing Road, Bldg. C, Tallahassee, Florida 32399-2450. If you are committee meetings and the regular monthly meeting of the hearing or speech impaired, please contact the agency using the Florida Citrus Commission. The Commission will address Florida Relay Service, 1(800)955-8771 (TDD) or issues pertaining to budget items and revisions, contracts, 1(800)955-8770 (Voice). advertising programs, program evaluation measurements, If any person decides to appeal any decision made by the licensing, rulemaking, and other matters addressed during Board with respect to any matter considered at this meeting or monthly meetings of the Commission. The Commission may hearing, he/she will need to ensure that a verbatim record of also go into closed session pursuant to the provisions of the proceeding is made, which record includes the testimony Section 286.011(8), F.S., to discuss Citrosuco, et al v. and evidence from which the appeal is to be issued. Department of Citrus, et al. The parties attending the closed For more information, you may contact: Florida Parole session will be Benny W. Albritton, Jr., Robert M. Behr, Commission, 2601 Blair Stone Road, Bldg. C, Tallahassee, Wesley W. Brumback, Michael L. Carrere, E. Stanley Carter, Florida 32399-2450. W. Cody Estes, Sr., Michael W. Haycock, Virginia S. Pena, Steven M. Smith, George H. Streetman, Michael O. Taylor, The Florida Parole Commission announces a public meeting David P. Wheeler, Ken Keck, Executive Director, Hank B. to which all persons are invited. Campbell, Esq., and Edwin A. Scales, III, Esq. DATE AND TIME: Friday, December 21, 2007, 9:00 a.m. A copy of the agenda may be obtained by contacting: Linda PLACE: Florida Parole Commission, 2601 Blair Stone Road, Gurney at (863)499-2500 or [email protected]. Bldg. C, Tallahassee, Florida 32399-2450 Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: Act, any person requiring special accommodations to Emergency vote as needed for all Parole, Conditional Release, participate in this workshop/meeting is asked to advise the Conditional Medical Release, Addiction Recovery and Control agency at least 48 hours before the workshop/meeting by Release matters as well as other Commission business. contacting: Bill Jones at (863)499-2500. If you are hearing or A copy of the agenda may be obtained by contacting: Florida speech impaired, please contact the agency using the Florida Parole Commission, 2601 Blair Stone Road, Bldg. C, Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Tallahassee, Florida 32399-2450. (Voice). Pursuant to the provisions of the Americans with Disabilities For more information, you may contact: Linda Gurney at Act, any person requiring special accommodations to (863)499-2500 or [email protected]. participate in this workshop/meeting is asked to advise the agency at least five days before the workshop/meeting by FLORIDA PAROLE COMMISSION contacting: Florida Parole Commission, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399-2450, The Florida Parole Commission announces a public meeting (850)488-3417. If you are hearing or speech impaired, please to which all persons are invited. contact the agency using the Florida Relay Service, DATE AND TIME: Wednesday, December 19, 2007, 9:00 a.m. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). PLACE: Florida Parole Commission, 2601 Blair Stone Road, If any person decides to appeal any decision made by the Bldg. C, Tallahassee, Florida 32399-2450 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.

Section VI - Notices of Meetings, Workshops and Public Hearings 5801 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

For more information, you may contact: Florida Parole GENERAL SUBJECT MATTER TO BE CONSIDERED: Commission, 2601 Blair Stone Road, Bldg. C, Tallahassee, Volunteer Florida Foundation Board of Directors Meeting Florida 32399-2450. general business. A copy of the agenda may be obtained by contacting Kristin PUBLIC SERVICE COMMISSION Mullikin. Pursuant to the provisions of the Americans with Disabilities The Florida Public Service Commission announces a public Act, any person requiring special accommodations to meeting to which all persons are invited. participate in this workshop/meeting is asked to advise the DATE AND TIME: Wednesday, January 9, 2008, 5:00 p.m. – agency at least 72 hours before the workshop/meeting by 8:30 p.m. contacting Kristin Mullikin. If you are hearing or speech PLACE: Chain of Lakes Complex, 210 Cypress Gardens impaired, please contact the agency using the Florida Relay Blvd., Winter Haven, Florida 33880 Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: If any person decides to appeal any decision made by the Docket No. 070415-WS, Application for staff-assisted rate Board with respect to any matter considered at this meeting or case in Polk County by CHC VII, Ltd. The purpose of this hearing, he/she will need to ensure that a verbatim record of customer meeting is to give customers and other interested the proceeding is made, which record includes the testimony persons an opportunity to provide comment to the Florida and evidence from which the appeal is to be issued. Public Service Commission staff regarding the quality of For more information, you may contact: Kristin Mullikin at service the utility provides, the proposed rate increase, and to (850)414-0092. ask questions and comment on staff’s preliminary rates. Members of the public who wish to comment or ask questions are urged to appear promptly since the meeting may be The Office of Film and Entertainment and the Digital Media adjourned early if no customers or interested persons are Incentive Task Force will convene in meeting via conference present to speak. One or more Commissioners may attend. call. This is a public meeting to which all persons are invited. DATE AND TIME: Friday, December 14, 2007, 9:00 a.m. EMERGENCY CANCELLATION OF CUSTOMER MEETING: If a named storm or other disaster requires PLACE: Governor’s Office of Film and Entertainment, The cancellation of the meeting, Commission staff will attempt to Capitol, Suite 2001, Tallahassee, FL 32399-0001. Call In #: give timely direct notice to the parties. Notice of the 1(888)808-6959, Conference Code #4104765 cancellation of the meeting will also be provided on the GENERAL SUBJECT MATTER TO BE CONSIDERED: To Commission’s website (http://www.psc.state.fl.us) under the discuss the Digital Media Industry incentive in Florida. Hot Topics link found on the home page. Cancellation can also Should any person wish to appeal any decision made with be confirmed by calling the Office of the General Counsel at respect to the above referenced meeting, he/she may need to (850)413-6199. ensure verbatim recording of the proceedings in order to Pursuant to the provisions of the Americans with Disabilities provide a record for judicial review. Act, any person requiring special accommodations to Pursuant to Section 286.26, Florida Statutes, any handicapped participate in this workshop/meeting is asked to advise the person wishing to attend this meeting should contact the agency at least 48 hours before the workshop/meeting by Commission at least 48 hours prior to the meeting in order to contacting Office of the Commission Clerk at (850)413-6770. request any special assistance. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 The Office of Film and Entertainment, The Office of (TDD) or 1(800)955-8770 (Voice). Tourism, Trade & Economic Development, The Office of the For more information, you may contact: Jennifer Brubaker, Lieutenant Governor, and The Florida Film and Entertainment Office of the General Counsel at (850)413-6228. Advisory Council will convene in a meeting. This is a public meeting to which all persons are invited. EXECUTIVE OFFICE OF THE GOVERNOR DATE AND TIME: Wednesday, December 19, 2007, 2:00 p.m. PLACE: Governor’s Office of Film and Entertainment, The The Governor’s Commission on Volunteerism and Capitol, Suite 2001, Tallahassee, FL 32399-0001 Community Service announces a telephone conference call to GENERAL SUBJECT MATTER TO BE CONSIDERED: To which all persons are invited. conduct interviews for the position of State Film DATE AND TIME: Friday, December 14, 2007, 8:00 a.m. – Commissioner. 5:00 p.m. PLACE: Tallahassee, FL

5802 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Should any person wish to appeal any decision made with GENERAL SUBJECT MATTER TO BE CONSIDERED: The respect to the above referenced meeting, he/she may need to regular monthly board meeting of the SWFRPC has been ensure verbatim recording of the proceedings in order to cancelled for the month of December. The next scheduled provide a record for judicial review. board meeting is scheduled for Thursday, January 17, 2008 at Pursuant to Section 286.26, Florida Statutes, any handicapped 9:00 am. person wishing to attend this meeting should contact the For more information, you may contact: Mrs. Nichole L. Commission at least 48 hours prior to the meeting in order to Gwinnett at (239)338-2550, ext. 232 or by email ngwinnett@ request any special assistance. swfrpc.org.

REGIONAL PLANNING COUNCILS The Southwest Florida Regional Planning Council announces a telephone conference call to which all persons are The Northeast Florida Regional Council, Personnel, Budget, invited. and Finance Policy Committee announces a public meeting to which all persons are invited. DATE AND TIME: Thursday, December 20, 2007, 9:00 a.m. DATE AND TIME: Thursday, December 6, 2007, 9:00 a.m. PLACE: Southwest Florida Regional Planning Council, 1926 Victoria Avenue, Fort Myers, FL PLACE: Northeast Florida Regional Council, 6850 Belfort Oaks Place, Jacksonville, Florida 32216 GENERAL SUBJECT MATTER TO BE CONSIDERED: The Council’s Nominations Committee will be discussing and GENERAL SUBJECT MATTER TO BE CONSIDERED: To recommending nominations for the positions of Chairman, discuss pending personnel, budget, and finance policy matters. Vice Chairman, Secretary, and Treasurer officers of the 2008 Notice is also given that two or more members of the Boards of calendar year to the full board. County Commissioners, City/Town Councils/Commissions Pursuant to the provisions of the Americans with Disabilities and other entities covered under Chapter 286, Florida Statutes, Act, any person requiring special accommodations to may attend and speak at the meeting. participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: Angela agency at least 5 days before the workshop/meeting by Giles, Northeast Florida Regional Council, 6850 Belfort Oaks contacting: Mrs. Debbie Kooi at (239)338-2550, ext. 210 or Place, Jacksonville, Florida 32216. email [email protected]. If you are hearing or speech impaired, please contact the agency using the Florida Relay The Central Florida Regional Planning Council announces a Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). public meeting to which all persons are invited. If any person decides to appeal any decision made by the DATE AND TIME: December 12, 2007, 9:30 a.m. Board with respect to any matter considered at this meeting or PLACE: Bob Crawford Agricultural Center, 605 East Main hearing, he/she will need to ensure that a verbatim record of Street, Bartow, FL 33830 the proceeding is made, which record includes the testimony GENERAL SUBJECT MATTER TO BE CONSIDERED: and evidence from which the appeal is to be issued. Regular monthly meeting of the Council and/or it’s Executive For more information, you may contact: Mrs. Nichole Committee. Gwinnett at (239)338-2550 ext. 232 or email ngwinnett@ A copy of the agenda may be obtained by contacting Patricia swfrpc.org. M. Steed, Executive Director. If any person decides to appeal any decision made by the The Southwest Florida Regional Planning Council Board with respect to any matter considered at this meeting or announces a public meeting to which all persons are invited. hearing, he/she will need to ensure that a verbatim record of DATE AND TIME: Thursday, December 20, 2007, 10:00 a.m. the proceeding is made, which record includes the testimony PLACE: Southwest Florida Regional Planning Council, 1st and evidence from which the appeal is to be issued. Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, For more information, you may contact: Patricia M. Steed, FL Executive Director, 555 East Church Street, Bartow, FL 33830. GENERAL SUBJECT MATTER TO BE CONSIDERED: The Council’s Subcommittee will be discussing and compiling the NOTICE OF CANCELLATION – The Southwest Florida newly appointed Executive Director’s job description. Regional Planning Council announces a public meeting to Pursuant to the provisions of the Americans with Disabilities which all persons are invited. Act, any person requiring special accommodations to DATE AND TIME: Thursday, December 20, 2007 participate in this workshop/meeting is asked to advise the PLACE: Southwest Florida Regional Planning Council, 1st agency at least 5 days before the workshop/meeting by Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, contacting: Mrs. Debbie Kooi at (239)338-2550, ext. 210 or FL

Section VI - Notices of Meetings, Workshops and Public Hearings 5803 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 email [email protected]. If you are hearing or speech A copy of the agenda may be obtained by contacting: SFRTA impaired, please contact the agency using the Florida Relay Planning Office at (954)788-7928. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Pursuant to the provisions of the Americans with Disabilities If any person decides to appeal any decision made by the Act, any person requiring special accommodations to Board with respect to any matter considered at this meeting or participate in this workshop/meeting is asked to advise the hearing, he/she will need to ensure that a verbatim record of agency at least 48 hours before the workshop/meeting by the proceeding is made, which record includes the testimony contacting: Executive Office at 800 N. W. 33rd Street, Suite and evidence from which the appeal is to be issued. 100, Pompano Beach, Florida 33064. If you are hearing or For more information, you may contact: Mrs. Nichole speech impaired, please contact the agency using the Florida Gwinnett at (239)338-2550, #232 or email ngwinnett@ Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 swfrpc.org. (Voice). If any person decides to appeal any decision made by the The South Florida Regional Planning Council announces a Board with respect to any matter considered at this meeting or public meeting to which all persons are invited. hearing, he/she will need to ensure that a verbatim record of DATE AND TIME: Thursday, December 13, 2007, 2:00 p.m. – the proceeding is made, which record includes the testimony 3:00 p.m. and evidence from which the appeal is to be issued. PLACE: Jim Ward Community Center, 301 N. W. 46th Avenue, Plantation, Florida WATER MANAGEMENT DISTRICTS GENERAL SUBJECT MATTER TO BE CONSIDERED: To The Northwest Florida Water Management District continue deliberations regarding economic development, announces a public meeting to which all persons are invited. aesthetic improvement and increased intergovernmental DATE AND TIME: Thursday, December 13, 2007, 11:00 a.m. cooperation along the corridor. (EST) A copy of the agenda may be obtained by contacting: South PLACE: District Headquarters, 10 miles west of Tallahassee Florida Regional Planning Council, 3440 Hollywood on Highway 90, Tallahassee, FL Boulevard, Suite 140, Hollywood, Florida 33021. GENERAL SUBJECT MATTER TO BE CONSIDERED: Pursuant to the provisions of the Americans with Disabilities Governing Board Meeting - to discuss District business Act, any person requiring special accommodations to OTHER MEETINGS HELD ON DECEMBER 1, 2007: participate in this workshop/meeting is asked to advise the 11:05 a.m. (EST) Public Hearing on Consideration of agency at least 5 days before the workshop/meeting by Regulatory Matters contacting: South Florida Regional Planning Council at (954)985-4416. If you are hearing or speech impaired, please A copy of the agenda may be obtained by contacting: Dorothy contact the agency using the Florida Relay Service, Cotton, NWFWMD, 81 Water Management Drive, Havana, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). FL 32333, (850)539-5999, also available through the Internet at www.nwmfwmd.state.fl.us. If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Pursuant to the provisions of the Americans with Disabilities hearing, he/she will need to ensure that a verbatim record of Act, any person requiring special accommodations to the proceeding is made, which record includes the testimony participate in this workshop/meeting is asked to advise the and evidence from which the appeal is to be issued. agency at least 72 hours before the workshop/meeting by contacting Larry Wright at the District. If you are hearing or For more information, you may contact: South Florida speech impaired, please contact the agency using the Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 140, Hollywood, Florida 33021. (Voice). If any person decides to appeal any decision made by the REGIONAL TRANSPORTATION AUTHORITIES Board with respect to any matter considered at this meeting or The South Florida Regional Transportation Authority hearing, he/she will need to ensure that a verbatim record of announces a public meeting to which all persons are invited. the proceeding is made, which record includes the testimony DATE AND TIME: Wednesday, December 19, 2007, 10:00 and evidence from which the appeal is to be issued. a.m. PLACE: Board Room of SFRTA’s Administrative Offices, 800 The Southwest Florida Water Management District N. W. 33rd Street, Pompano Beach, FL 33064 (SWFWMD) announces a public meeting to which all persons GENERAL SUBJECT MATTER TO BE CONSIDERED: are invited. Planning Technical Advisory Committee Meeting.

5804 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DATE AND TIME: Tuesday, December 18, 2007, 9:00 a.m. are hearing or speech impaired, please contact the agency using PLACE: District Headquarters, 2379 Broad Street, the Florida Relay Service, 1(800)955-8771 (TDD) or Brooksville, FL 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: If any person decides to appeal any decision made by the GOVERNING BOARD COMMITTEE MEETINGS, BOARD Board with respect to any matter considered at this meeting or MEETING, AND PUBLIC HEARING: Conduct Committee hearing, he/she will need to ensure that a verbatim record of meetings, Governing Board meeting and public hearing. the proceeding is made, which record includes the testimony A closed attorney-client session will be held during the lunch and evidence from which the appeal is to be issued. break. Ad Order 58011. For more information, you may contact the District Clerk’s A copy of the agenda may be obtained by contacting: Office at (561)682-2087. SWFWMD Executive Department, 2379 Broad Street, Brooksville, Florida 34604, 1(800)423-1476 (Florida) or COMMISSION FOR THE TRANSPORTATION Frances Sesler at (352)796-7211, extension 4608. DISADVANTAGED Pursuant to the provisions of the Americans with Disabilities The Florida Commission for the Transportation Act, any person requiring special accommodations to Disadvantaged announces a public meeting to which all participate in this workshop/meeting is asked to advise the persons are invited. agency at least 5 days before the workshop/meeting by DATE AND TIME: Friday, December 14, 2007, 10:00 a.m. – contacting the General Services Department at until completion 1(800)423-1476 (Florida) or (352)796-7211, extension 4527, TDD only 1(800)231-6103. If you are hearing or speech PLACE: Commission Business Office, Rhyne Building, 2740 impaired, please contact the agency using the Florida Relay Centerview Drive, Suite 1-A, Tallahassee, FL 32301, Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). (850)410-5700. Conference Call Number: 1(888)808-6959, Conference Code: 34767. If any person decides to appeal any decision made by the GENERAL SUBJECT MATTER TO BE CONSIDERED: To Board with respect to any matter considered at this meeting or designate emergency Medicaid Subcontracted Providers in hearing, he/she will need to ensure that a verbatim record of certain service areas and other Commission Business. the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. A copy of the agenda may be obtained by contacting: Nikki For more information, you may contact SWFWMD Executive Smith, 605 Suwannee Street, MS-49, Tallahassee, FL 32399, Department at the address above. (850)410-5700 or 1(800)983-2435. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The South Florida Water Management District announces a participate in this workshop/meeting is asked to advise the public meeting to which all persons are invited. agency at least 5 days before the workshop/meeting by Water Conservation Summit contacting: Nikki Smith, 605 Suwannee Street, MS-49, DATE AND TIME: December 17, 2007, 8:30 a.m. Tallahassee, FL 32399, (850)410-5700 or 1(800)983-2435. If PLACE: SFWMD Headquarters, Building B-1, 3301 Gun Club you are hearing or speech impaired, please contact the agency Road, West Palm Beach, Florida 33406 using the Florida Relay Service, 1(800)955-8771 (TDD) or GENERAL SUBJECT MATTER TO BE CONSIDERED: 1(800)955-8770 (Voice). Hosted by the Water Resources Advisory Commission, the For more information, you may contact: Nikki Smith, 605 purpose of the Summit meeting is to bring together local, state Suwannee Street, MS-49, Tallahassee, FL 32399, and national experts along with a broad range of stakeholders (850)410-5700 or 1(800)983-2435. to develop an enduring, comprehensive water conservation program for South Florida. The public is advised that it is REGIONAL UTILITY AUTHORITIES possible that one or more members of the Governing Board of the South Florida Water Management District may attend and NOTICE OF CANCELLATION – The Withlachoochee participate in this meeting. Regional Water Supply Authority announces a public A copy of the agenda may be obtained by contacting: Reagan meeting to which all persons are invited. Walker at (561)682-6262 or online at www.sfwmd.gov. DATE AND TIME: Wednesday, December 19, 2007, 4:30 p.m. Pursuant to the provisions of the Americans with Disabilities PLACE: Sumter County Courthouse, Commission Meeting Act, any person requiring special accommodations to Room 222, 209 N. Florida Street, Bushnell, FL 33513 participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: To agency at least 5 days before the workshop/meeting by conduct regular business of the Authority. contacting the District Clerk’s Office at (561)682-2087. If you

Section VI - Notices of Meetings, Workshops and Public Hearings 5805 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

A copy of the agenda may be obtained by contacting: E911 Grant Committee meeting to discuss issues related to Withlacoochee Regional Water Supply Authority, P. O. Drawer E911 Grant Applications 190, Tallahassee, Florida 32302 or at www.WRWSA.org under DATES AND TIMES: February 18, 2008, 2:00 p.m. – 5:00 “minutes and notices,” “current agenda.” p.m.; February 19, 2008, 9:00 a.m. – until conclusion of If any person decides to appeal any decision made by the business Board with respect to any matter considered at this meeting or PLACE: Embassy Suites, Altamonte Springs, Florida hearing, he/she will need to ensure that a verbatim record of E911 Board Meeting the proceeding is made, which record includes the testimony DATES AND TIME: February 20-21, 2008, 9:00 a.m. – until and evidence from which the appeal is to be issued. conclusion of business For more information, you may contact: Jackson Sullivan at PLACE: Embassy Suites, Altamonte Springs, Florida (850)513-3604. Grant Committee meeting to discuss issues related to 2008 Grant Applications AGENCY FOR HEALTH CARE ADMINISTRATION DATE AND TIME: March 18, 2008, 2:00 p.m. – until The Agency for Health Care Administration, conclusion of business Pharmaceutical and Therapeutics Committee announces a PLACE: Hilton Garden Inn Hotel, Tallahassee, Florida public meeting to which all persons are invited. E911 Board Meeting DATE AND TIME: Wednesday, January 9, 2008, 9:30 a.m. – DATES AND TIME: March 19-20, 2008, 9:00 a.m. – until 2:30 p.m. conclusion of business PLACE: Tampa Airport Marriott, Tampa International Airport, PLACE: Hilton Garden Inn Hotel, Tallahassee, Florida Tampa, Florida 33607 Grant Committee meeting to discuss issues related to 2008 GENERAL SUBJECT MATTER TO BE CONSIDERED: Grant Applications Recommendations for drugs to be included on the Preferred DATE AND TIME: April 15, 2008, 2:00 p.m. – until Drug List are made at this meeting. conclusion of business Members of the public who wish to testify at this meeting must PLACE: Hilton Garden Inn Hotel, Tallahassee, Florida contact Mark Gibson at (850)487-3270. The number of E911 Board Meeting speakers will be limited and will be accommodated in order of DATES AND TIME: April 16-17, 2008, 9:00 a.m. – until notification to Mr. Gibson. Because of unforeseen events that conclusion of business may cause changes, interested parties are encouraged to watch PLACE: Hilton Garden Inn Hotel, Tallahassee, Florida the web site at http://www.fdhc.state.fl.us/Medicaid If accommodation due to disability is needed in order to /Prescribed_Drug. Procedures for speakers to follow are also participate, please notify the DMS – Communications and available on the website. Information Technology Services Office/E911 Board in A copy of the agenda may be obtained by contacting Mark writing at least five (5) days in advance at 4050 Esplanade Gibson at (850)487-3270. Way, Tallahassee, Florida 32399-0950.

DEPARTMENT OF MANAGEMENT SERVICES The State Retirement Commission announces a hearing to NOTICE OF CHANGE – The Department of Management which all persons are invited. Services, Communications and Information Technology DATE AND TIME: December 10, 2007, 8:30 a.m. Services, E911 Board announces the following meeting PLACE: Omni Hotel, 245 Water Street, Jacksonville, FL schedule information. GENERAL SUBJECT MATTER TO BE CONSIDERED: To Meeting Notice Update: conduct hearings pursuant to Section 121.23, Florida Statutes, E911 Board Meeting and to consider other matters related to the business of the DATES AND TIME: December 12-13, 2007, 9:00 a.m. – until Commission. conclusion of business A copy of the agenda may be obtained by contacting: PLACE: Embassy Suites, Orlando, Florida Department of Management Services, State Retirement New Meeting Notices: Commission, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950 or by telephoning (850)487-2410. E911 Board Meeting A party who decides to appeal any decision made at such DATES AND TIME: January 16-17, 2008, 9:00 a.m. – until hearings will need a verbatim record of the hearing and may conclusion of business need to ensure that one is made, including the testimony and PLACE: Renaissance at World Golf Village, St. Augustine, evidence, upon which the appeal is to be based. Florida

5806 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Pursuant to the provisions of the Americans with Disabilities DEPARTMENT OF ENVIRONMENTAL PROTECTION Act, any person requiring special accommodations to Notices for the Department of Environmental Protection participate in this workshop/meeting is asked to advise the between December 28, 2001 and June 30, 2006, go to agency at least 15 days before the workshop/meeting. If you http://www.dep.state.fl.us/ under the link or button titled are hearing or speech impaired, please contact the agency using “Official Notices.” 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 The Department of Environmental Protection, Office of Board with respect to any matter considered at this meeting or Coastal and Aquatic Managed Areas announces a public hearing, he/she will need to ensure that a verbatim record of meeting to which all persons are invited. the proceeding is made, which record includes the testimony DATES AND TIMES: Wednesday, December 12, 2007, 8:30 and evidence from which the appeal is to be issued. a.m. – 5:00 p.m. or business completed; Thursday, December 13, 2007, 8:30 a.m. – 5:00 p.m. or business completed PLACE: Rookery Bay National Estuarine Research Reserve, DEPARTMENT OF BUSINESS AND PROFESSIONAL Environmental Learning Center, Upper Mezzanine, 300 Tower REGULATION Road, Naples, FL 34113 The Board of Employee Leasing Companies announces a GENERAL SUBJECT MATTER TO BE CONSIDERED: The public meeting to which all persons are invited. Florida Oceans and Coastal Resources Council will meet to DATE AND TIME: Wednesday, December 19, 2007, 9:00 a.m. further its duties under the Oceans and Coastal Resources Act, or soon thereafter including work on the FY 2008-2009 Annual Science Research PLACE: The Peabody Orlando, 9801 International Drive, Plan. Orlando, Florida 32819, (800)732-2639 A copy of the agenda may be obtained by contacting: Steve GENERAL SUBJECT MATTER TO BE CONSIDERED: To Wolfe at [email protected] or (850)245-2102. reconsider the following cases: Pursuant to the provisions of the Americans with Disabilities 2007-023248; 2007-035388; 2007-035386; 2007-035394; Act, any person requiring special accommodations to 2006-050572; 2006-050574; 2006-050583; 2006-050493; participate in this workshop/meeting is asked to advise the 2006-050586; 2006-050528 agency at least 5 days before the workshop/meeting by A copy of the agenda may be obtained by contacting: Board of contacting: Steve Wolfe at [email protected] or Employee Leasing Companies, 1940 North Monroe Street, (850)245-2102. If you are hearing or speech impaired, please Tallahassee, Florida 32399-0767 or by calling their office at contact the agency using the Florida Relay Service, (850)487-1395. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The Suwannee River Wilderness Trail announces a public participate in this workshop/meeting is asked to advise the meeting to which all persons are invited. agency at least 48 days before the workshop/meeting by DATE AND TIME: December 12, 2007, 10:00 a.m. contacting: Board of Employee Leasing Companies at PLACE: Advent Christian Village, Dowling Park, Florida (850)487-1395. If you are hearing or speech impaired, please GENERAL SUBJECT MATTER TO BE CONSIDERED: contact the agency using the Florida Relay Service, Camp Suwannee – Program at Advent Christian Village. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). A copy of the agenda may be obtained by contacting: Amy If any person decides to appeal any decision made by the Thompson at 1(800)868-9914 or [email protected]. Board with respect to any matter considered at this meeting or fl.us. hearing, he/she will need to ensure that a verbatim record of Pursuant to the provisions of the Americans with Disabilities the proceeding is made, which record includes the testimony Act, any person requiring special accommodations to and evidence from which the appeal is to be issued. participate in this workshop/meeting is asked to advise the For more information, you may contact: Board of Employee agency at least 7 days before the workshop/meeting by Leasing Companies, 1940 North Monroe Street, Tallahassee, contacting: Amy Thompson at 1(800)868-9914 or amy. Florida 32399-0767. [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).

Section VI - Notices of Meetings, Workshops and Public Hearings 5807 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

If any person decides to appeal any decision made by the Pursuant to the provisions of the Americans with Disabilities Board with respect to any matter considered at this meeting or Act, any person requiring special accommodations to hearing, he/she will need to ensure that a verbatim record of participate in this workshop/meeting is asked to advise the the proceeding is made, which record includes the testimony agency at least 48 hours before the workshop/meeting. If you and evidence from which the appeal is to be issued. are hearing or speech impaired, please contact the agency using For more information, you may contact: Amy Thompson at the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)868-9914 or [email protected]. 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the The Department of Environmental Protection announces a Board with respect to any matter considered at this meeting or public meeting to which all persons are invited. hearing, he/she will need to ensure that a verbatim record of DATE AND TIME: Friday, December 14, 2007, 1:00 p.m. the proceeding is made, which record includes the testimony PLACE: Ed Ball Building, City of Jacksonville Public Works, and evidence from which the appeal is to be issued. 1st Floor, Training Room, 214 North Hogan Street, Jacksonville, Florida 32202 The Department of Health announces a public meeting to GENERAL SUBJECT MATTER TO BE CONSIDERED: The which all persons are invited. Lower St. Johns River Tributaries (LSJRT) BMAP Working DATE AND TIME: December 18, 2007, 10:00 a.m. – 12:00 Group was formed to provide a forum for stakeholders to Noon discuss issues related to the LSJRT TMDLs, including PLACE: 224 S. E. 24 Street, Environmental Health Conference development, allocation, and implementation of the TMDLs. Room, Gainesville, FL 32601 Topics for this meeting include discussion of the Lower St. GENERAL SUBJECT MATTER TO BE CONSIDERED: Johns River Tributaries Fecal Coliform Basin Management Environmental Health Professional Certification continuing Action Plan. education policies, procedures and protocols. A copy of the agenda may be obtained by contacting: Ms. Amy A copy of the agenda may be obtained by contacting: David B. Tracy, Department of Environmental Protection, 2600 Blair Wolfe, 4052 Bald Cypress Way, BIN A08, Tallahassee, FL Stone Road, Watershed Planning and Coordination Section, 32399-1710, (850)245-4277. MS 3565, Tallahassee, Florida 32399-2400 or by calling her at (850)245-8506. The Department of Health, Bureau of Water Programs Pursuant to the provisions of the Americans with Disabilities announces a public meeting to which all persons are invited. Act, any person requiring special accommodations to DATES AND TIME: Wednesday, January 9, 2008; participate in this workshop/meeting is asked to advise the Wednesday, March 12, 2008; Wednesday, May 14, 2008; agency at least 48 hours before the workshop/meeting by Wednesday, July 9, 2008; Wednesday, September 10, 2008; contacting: Ms. Amy Tracy at (850)245-8506. If you are Wednesday, November 12, 2008, 9:30 a.m. – end by or before hearing or speech impaired, please contact the agency using the 3:00 p.m. Florida Relay Service, 1(800)955-8771 (TDD) or PLACE: Hurston Building, South Tower, 1st Floor, 1(800)955-8770 (Voice). Conference Room A, 400 West Robinson Street, Orlando, FL 32801 DEPARTMENT OF HEALTH GENERAL SUBJECT MATTER TO BE CONSIDERED: The The Board of Nursing Home Administrators, Probable purpose of each meeting will be for the Governor’s Public Pool Cause Panel announces a telephone conference call to which and Bathing Place Advisory Board to review and make all persons are invited. recommendations to the Department for agency action on variance requests, rule and policy development, and other DATE AND TIME: Wednesday, December 19, 2007, 10:00 technical review issues. a.m. A copy of the agenda may be obtained by contacting: PLACE: Meet Me Number: 1(888)808-6959, when prompted, Department of Health, Bureau of Water Programs, 4052 Bald enter your Conference Code: 9849329103, then #. Department Cypress Way, BIN #C-22, Tallahassee, FL 32399-1742, of Health, 4052 Bald Cypress Way, Bin #C07, Tallahassee, (850)245-4240. Florida Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: For Act, any person requiring special accommodations to cases previously heard by the panel. participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: Joe agency at least 2 days before the workshop/meeting by Baker, Jr., Executive Director, Board of Nursing Home contacting: Pat Duncan, Department of Health, Bureau of Administrators, 4052 Bald Cypress Way, Bin #C07, Water Programs, 4052 Bald Cypress Way, BIN #C-22, Tallahassee, FL 32399-3257. Tallahassee, FL 32399-1742, (850)245-4240. If you are

5808 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 hearing or speech impaired, please contact the agency using the Pursuant to the provisions of the Americans with Disabilities Florida Relay Service, 1(800)955-8771 (TDD) or Act, any person requiring special accommodations to 1(800)955-8770 (Voice). participate in this workshop/meeting is asked to advise the If any person decides to appeal any decision made by the agency at least 5 days before the workshop/meeting by Board with respect to any matter considered at this meeting or contacting Robin Grantham at (850)488-4197. If you are hearing, he/she will need to ensure that a verbatim record of hearing or speech impaired, please contact the agency using the the proceeding is made, which record includes the testimony Florida Relay Service, 1(800)955-8771 (TDD) or and evidence from which the appeal is to be issued. 1(800)955-8770 (Voice). For more information, you may contact: Department of Health, If any person decides to appeal any decision made by the Bureau of Water Programs, 4052 Bald Cypress Way, BIN Board with respect to any matter considered at this meeting or #C-22, Tallahassee, FL 32399-1742, (850)245-4240. hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony DEPARTMENT OF CHILDREN AND FAMILY and evidence from which the appeal is to be issued. SERVICES FISH AND WILDLIFE CONSERVATION The Substance Abuse and Mental Health Programs of the COMMISSION Department of Children and Family Services are conducting a public meeting. The Fish and Wildlife Conservation Commission announces DATE AND TIME: December 13, 2007, 10:00 a.m. – 1:00 a public meeting to which all persons are invited. p.m. DATE AND TIME: Wednesday, December 19, 2007, 10:00 PLACE: 400 W. Robinson St., Conference Room C, South a.m. – 11:00 a.m. Tower (Hurston Building), Orlando, FL. Please contact John PLACE: Fish and Wildlife Conservation Commission, Fish Bryant at (850)413-6779 if you need special assistance to and Wildlife Research Institute, 100 Eighth Avenue, S. E., 4th attend this meeting. Floor, Conference Room, St. Petersburg, Florida 33701 GENERAL SUBJECT MATTER TO BE CONSIDERED: To GENERAL SUBJECT MATTER TO BE CONSIDERED: The accept public and stakeholder comments on the role and purpose of this meeting is to conduct the Guaranteed Energy function of managing entities. Section 394.9082, F.S., defines a Performance Savings Contract Award per Section managing entity as “an entity that manages the delivery of 489.145(4)(e), F.S. It is intended to award this energy savings behavioral health services.” Managing entities are viewed as a contract to Energy Systems Group, Clearwater, Florida. promising method of purchasing a comprehensive system of A copy of the agenda may be obtained by contacting: Darlyn substance abuse treatment services within the Department’s Stockfisch, 100 Eighth Avenue, S. E., St. Petersburg, Florida circuits and regions. The stakeholder and public comment 33701, (727)896-8626. portion of the meeting will be preceded by a presentation Pursuant to the provisions of the Americans with Disabilities outlining the Department’s rationale for contracting with Act, any person requiring special accommodations to managing entities and the role, functions, and activities participate in this workshop/meeting is asked to advise the expected to be performed by the managing entities. agency at least 5 days before the workshop/meeting by contacting the agency ADA Coordinator at (850)488.6411. If FLORIDA HOUSING FINANCE CORPORATION you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or The Florida Housing Finance Corporation announces a 1(800)955-8770 (Voice). public meeting to which all persons are invited. DATES AND TIME: December 20, 2007; January 3, 2008, DEPARTMENT OF FINANCIAL SERVICES 1:30 p.m. PLACE: Rick Seltzer Conference Room, Suite 6000, Florida The Department of Financial Services, Division of State Housing Finance Corporation, 227 North Bronough Street, Fire Marshal announces a public meeting to which all persons Tallahassee, Florida 32301-1329 are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: To DATE AND TIME: Thursday, December 20, 2007, 2:00 p.m. discuss the evaluations of the Response(s) submitted for PLACE: State Fire Marshal Conference Room, Third Floor, Florida Housing Finance Corporation’s Request for Atrium, 325 John Knox Road, Tallahassee, Florida 32303. Qualifications #2007-04 for Media Planning and Buying Anyone wishing to attend may attend in person or by telephone Services. conference call. Those attending by telephone conference call A copy of the agenda may be obtained by contacting Robin should dial (850)413-1591, (Suncom) 293-1591. (Cisco VoIP Grantham at (850)488-4197. Internal callers may reach the conference call by dialing

Section VI - Notices of Meetings, Workshops and Public Hearings 5809 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

11591.) Once you have dialed the initial number you will be GENERAL SUBJECT MATTER TO BE CONSIDERED: prompted to enter the Conference ID which is 736003. The Scheduled meeting of the Elder Options Board of Directors. connection will be available 5 to 10 minutes before 2:00 p.m. The Board will take action on matters to be determined by the GENERAL SUBJECT MATTER TO BE CONSIDERED: members of the Board, which may include matters such as the Quarterly meeting of the Florida Fire Safety Board. Executive Director’s Report. A copy of the agenda may be obtained by contacting: Donald The Board will also review and discuss applications received Rollins, Division of State Fire Marshal, Bureau of Fire by Elder Options from local service provider organizations to Prevention, Regulatory Licensing Section, 200 East Gaines provide Older American Act services for the period January 1, Street, Tallahassee, FL 32399-0342, or by calling him at 2008 through December 31, 2008. Based upon its (850)413-3628. deliberations, the Board will take formal action to fund or Pursuant to the provisions of the Americans with Disabilities withhold funding of each of the respective applications. The Act, any person requiring special accommodations to Board will authorize contract awards for those applications that participate in this workshop/meeting is asked to advise the it has taken formal action to fund. agency at least 48 hours before the workshop/meeting by A copy of the agenda may be obtained by contacting: Sarah contacting: Donald Rollins, Division of State Fire Marshal, Ellis at (352)378-6649. Bureau of Fire Prevention, Regulatory Licensing Section, 200 Pursuant to the provisions of the Americans with Disabilities East Gaines Street, Tallahassee, FL 32399-0342, or by calling Act, any person requiring special accommodations to him at (850)413-3628. If you are hearing or speech impaired, participate in this workshop/meeting is asked to advise the please contact the agency using the Florida Relay Service, agency at least 48 hours before the workshop/meeting by 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). contacting: Sarah Ellis at (352)378-6649. If you are hearing or speech impaired, please contact the agency using the Florida TREASURE COAST EDUCATION, RESEARCH AND Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 DEVELOPMENT AUTHORITY (Voice). If any person decides to appeal any decision made by the The Treasure Coast Education, Research and Development Board with respect to any matter considered at this meeting or Authority announces a public meeting to which all persons are hearing, he/she will need to ensure that a verbatim record of invited. the proceeding is made, which record includes the testimony DATE AND TIME: Tuesday, December 11, 2007, 1:00 p.m. and evidence from which the appeal is to be issued. PLACE: University of Florida Indian River Research and Education Center, 2199 South Rock Road, Fort Pierce, Florida SOIL AND WATER CONSERVATION DISTRICTS GENERAL SUBJECT MATTER TO BE CONSIDERED: Minutes of November 13, 2007 meeting, Treasurer’s report, The Duval Soil and Water Conservation District announces Preliminary Master Plan presentation, St. Lucie county a public meeting to which all persons are invited. Economic Development Council presentation, cattle lease DATE AND TIME: December 12, 2007, 10:00 a.m. update, concurrency exemption, committee reports, and such PLACE: Duval Agricultural Extension Center, 1010 N. other business as the Authority may deem appropriate. McDuff Avenue, Jacksonville, FL 32254 A copy of the agenda may be obtained by contacting the GENERAL SUBJECT MATTER TO BE CONSIDERED: To Authority at (772)467-3107 prior to the meeting. conduct the business of the District Board. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to FLORIDA LEAGUE OF CITIES participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by The Florida League of Cities announces a public meeting to contacting (772)467-3107. If you are hearing or speech which all persons are invited. impaired, please contact the agency using the Florida Relay DATE AND TIME: December 13, 2007, 11:00 a.m. – 3:30 Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). p.m. PLACE: Alexander Suites, 5225 Collins Avenue, Miami Beach, FL, (305)341-6500 MID-FLORIDA AREA AGENCY ON AGING GENERAL SUBJECT MATTER TO BE CONSIDERED: The Elder Options, formerly known as, the Mid-Florida 11:00 a.m. The Florida Municipal Pension Trust Fund Area Agency on Aging announces a public meeting to which 1:00 p.m. The Florida Municipal Investment Trust and all persons are invited. FMPTF joint meeting DATE AND TIME: December 12, 2007, 10:00 a.m. 2:30 p.m. The Florida Municipal Loan Council, Immediately PLACE: Hilton University of Florida Conference Center following FMIvT meeting Gainesville, 1714 S. W. 34th Street, Gainesville, FL 32607

5810 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

A copy of the agenda may be obtained by contacting: Penny times will be posted at the above address at least seven days Mitchell at [email protected]. prior to the meeting. Persons who want to be notified of such Pursuant to the provisions of the Americans with Disabilities meetings may request to be put on the mailing list for such Act, any person requiring special accommodations to notices by writing to Molly Gosline at the council address. participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: Florida agency at least 7 days before the workshop/meeting. If you are Independent Living Council, 1018 Thomasville Road, Suite hearing or speech impaired, please contact the agency using the 100A, Tallahassee, Florida 32303-6271, (850)488-5624 or Toll Florida Relay Service, 1(800)955-8771 (TDD) or Free 1(877)822-1993. 1(800)955-8770 (Voice). For more information, you may contact: Toll Free If any person decides to appeal any decision made by the Teleconference number and conference code can be obtained Board with respect to any matter considered at this meeting or by calling (850)488-5624 or Toll Free 1(877)822-1993. hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony Section VII and evidence from which the appeal is to be issued. For more information, you may contact: Linda Bridges at Notices of Petitions and Dispositions [email protected], (850)222-9684. Regarding Declaratory Statements

FLORIDA INDEPENDENT LIVING COUNCIL, INC. DEPARTMENT OF EDUCATION The Florida Independent Living Council, Inc. announces a NOTICE IS HEREBY GIVEN THAT the Department of telephone conference call to which all persons are invited. Education has issued an order disposing of the petition for Advocacy Committee Meeting declaratory statement filed by Mark Cavinee on August 22, DATE AND TIME: Thursday, January 3, 2008, 1:30 p.m. 2007. The following is a summary of the agency's disposition (EST) of the petition: PLACE: FILC, Inc. Administrative Offices, 1018 Thomasville The petitioner had requested a declaratory statement on Road, Suite 100A, Tallahassee, Florida 32303-6271 whether Section 1013.33(15)(a), F.S. conflicts with the Florida Planning Committee Meeting Fire Prevention Code, paragraph 69A-58.0082(1)(a), F.A.C., with respect to local government approval for the placement of DATE AND TIME: Thursday, January 10, 2008, 1:30 p.m. portable classroom facilities and whether Section (EST) 1013.371(1)(a), F.S., requires a school board to follow local PLACE: FILC, Inc. Administrative Offices, 1018 Thomasville land development code. The Petition for Declaratory Statement Road, Suite 100A, Tallahassee, Florida 32303-6271 is denied because the Florida Department of Education does Evaluation Committee Meeting not have jurisdiction to implement or to interpret the statutes DATE AND TIME: Thursday, January 10, 2008, 2:30 p.m. and rules in question and because the declaratory process does (EST) not allow for the consideration of agency action after the fact. PLACE: FILC, Inc. Administrative Offices, 1018 Thomasville A copy of the Order Disposing of the Petition for Declaratory Road, Suite 100A, Tallahassee, Florida 32303-6271 Statement may be obtained by contacting: Lynn Abbott, Finance Committee Meeting Agency Clerk, Department of Education, 325 West Gaines DATE AND TIME: Thursday, January 17, 2008, 1:30 p.m. Street, Room 1514, Tallahassee, Florida 32399-0400, (EST) (850)245-9661. PLACE: FILC, Inc. Administrative Offices, 1018 Thomasville Road, Suite 100A, Tallahassee, Florida 32303-6271 BOARD OF TRUSTEES OF THE INTERNAL Executive Committee Meeting IMPROVEMENT TRUST FUND DATE AND TIME: Thursday, January 24, 2008, 2:30 p.m. Notices for the Board of Trustees of the Internal Improvement (EST) Trust Fund between December 28, 2001 and June 30, 2006, go PLACE: FILC, Inc. Administrative Offices, 1018 Thomasville to http://www.dep.state.fl.us/ under the link or button titled Road, Suite 100A, Tallahassee, Florida 32303-6271 “Official Notices.” GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct the regular business of the council. COMMITTEE AND TASK FORCE MEETINGS: Please note that committees and task forces of the Florida Independent Living Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and

Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 5811 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

DEPARTMENT OF ENVIRONMENTAL PROTECTION does require consideration of placement of fire hydrant assemblies and does not conflict with Section 1013.33, Florida Notices for the Department of Environmental Protection Statutes. between December 28, 2001 and June 30, 2006, go to A copy of the Order Disposing of the Petition for Declaratory http://www.dep.state.fl.us/ under the link or button titled Statement may be obtained by contacting: Lesley Mendelson, “Official Notices.” Assistant General Counsel, 200 East Gaines Street, Tallahassee, FL 32399-0340, or by e-mailing your request to DEPARTMENT OF FINANCIAL SERVICES [email protected]. NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has issued Section VIII an order disposing of the petition for declaratory statement filed by Mark Cavinee, Petitioner, Case #91292-07-FM, and Notices of Petitions and Dispositions Schenkelshultz, Joseph S. Toth, AIA, Case #91373-07-FM on Regarding the Validity of Rules November 14, 2007. The following is a summary of the agency’s disposition of the petition: Notice of Petition for Administrative Determination has Both Petitions address the same location and the same question been filed with the Division of Administrative Hearings on and are consolidated for the purpose of entering a single the following rules: Declaratory Statement. A copy of the Order Disposing of the Petition for Declaratory NONE Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Notice of Disposition of Petition for Administrative Tallahassee, FL 32399-0340, or by e-mailing your request to Determination have been filed by the Division of [email protected]. Administrative Hearings on the following rules: NONE NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal, has issued an order disposing of the petition for declaratory statement Section IX filed by ColorAll Technologies International, Inc., Case Notices of Petitions and Dispositions #91600-07-FM on November 20, 2007. The following is a Regarding Non-rule Policy Challenges summary of the agency's disposition of the petition: The Declaratory Statement concludes that NFPA 1.43.1.2.1. does not apply to outdoor spray painting operations. NONE A copy of the Final Order may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Section X Gaines Street, Tallahassee, FL 32399-0340, or by e-mailing Announcements and Objection Reports of your request to [email protected]. the Joint Administrative Procedures NOTICE IS HEREBY GIVEN THAT the Department of Committee Financial Services, Division of State Fire Marshal, has issued an order disposing of the petition for declaratory statement The Joint Administrative Procedures Committee will be filed by Department of Financial Services, Division of State meeting: Fire Marshal, on November 20, 2007. The following is a DATE AND TIME: Monday, December 10, 2007, 3:00 p.m. – summary of the agency’s disposition of the petition: 5:00 p.m. The Petition requested a Declaratory Statement regarding the PLACE: Room 24, House Office Building, Tallahassee, FL Florida Fire Prevention Code, Florida Administrative Codes, Florida Statutes, and the School Board involving Horizon COMMITTEE MEETING AGENDA Middle School in Kissimmee, Florida, over which the Petitioner is the Authority Having Jurisdiction. The CALL TO ORDER AND ROLL CALL Declaratory Statement concludes that local amendments to Rule Chapter 69A-58, Florida Administrative Code, are not allowed pursuant to Sections 633.022 and 1013.12, Florida TAB 1 Status Report Statutes. If the effect of the Land Development Code ordinance is to amend the rule, then it is invalid. The Department’s rule

5812 Section VIII - Notices of Petitions and Dispositions Regarding the Validity of Rules Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

TAB 2 REPORT ON PREVIOUS OBJECTIONS: Section XI Notices Regarding Bids, Proposals and DEPARTMENT OF CHILDREN AND FAMILY SERVICES Purchasing 65C-20.009(3)(a)1.a. & b., Staffing Requirements. DEPARTMENT OF EDUCATION 65C-20.013(5)(b)1.c. II, III, IV, Large Family Civil Engineering for Minor Projects Child Care Homes. Florida Atlantic University 65C-22.003(7)(d)3., 4., 5., Training. PROJECT DESCRIPTION 03-12-07 Objections Voted. The civil engineer will be a single point of responsibility for 04-12-07 Letter Received from the Secretary – Seeking performance of multiple civil engineering projects up to Legislation, $1,000,000 individually, functioning as an independent if Not Enacted, They will Amend to Modify. engineer, publicly bidding trade contracts. One Civil 05-23-07 Letter Received from the Secretary – As Engineering contract will be awarded, for an initial period of Statutory Authority was Not Obtained During two years with an option to renew for one additional year. the 2007 Legislative Session, Amendments SELECTION CRITERIA will be Noticed. Firms will be evaluated in the following areas: experience and 06-22-07 FAW Notices of Rule Development. ability; record-keeping, project administration ability, 08-17-07 FAW Notices of Proposed Rulemaking. scheduling; cost estimating; cost control; quality control; and 10-31-07 Letter Received from the Agency Requesting qualification of the firm’s personnel. the 90 days be Tolled to Accommodate Experience and ability scores will be based on the following Review by the Committee. criteria: 1. Experience in projects of similar size and scope. STATE BOARD OF EDUCATION 2. Experience in working with Universities. 6A-6.040, Voluntary Prekindergarten (VPK) 3. Ability to manage the projects efficiently. Director Endorsement for SELECTION COMMITTEE Private Providers. Tom Donaudy, University Architect & Vice President for Facilities, Florida Atlantic University 10-01-07 Objection Voted. Raymond Nelson, Facilities Planning Director, Florida Atlantic 10-29-07 Letter Received from the Agency with Notice University of Rule Development attached – Will Amend. Robert Richman, University Planner, Florida Atlantic 11-02-07 FAW Notice of Rule Development. University Jim Baker, Engineering & Utilities Director, Florida Atlantic DEPARTMENT OF HEALTH University SELECTION SCHEDULE: 64E-2.001, Definitions. The anticipated schedule for selection, award, and negotiation 10-01-07 Objection Voted. is as follows: 11-02-07 Letter Received from the Submittals Due: January 7, 2008 Agency – Will Amend Shortlist Meeting: January 21, 2008 Final Interviews: To Be Determined TAB 3 Report on the State Board of Education’s GENERAL INFORMATION English for Speakers of Other Languages 1. All applicants will be notified of the results of the (ESOL) and ESOL-related rules and shortlisting in writing. Finalists will be informed of the unadopted policies interview date and time and will be provided with additional project information, if available. REPORTS AND APPEARANCES

Section XI - Notices Regarding Bids, Proposals and Purchasing 5813 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

2. The Selection Committee will make a recommendation to months from the date of their being placed on the convicted the President of the University. All finalists will be vendor list. FAU Professional Qualifications Supplement, the notified in writing of the President's action. Upon approval Project Fact Sheet, and the approved Facilities Program are by the President, negotiations will be conducted in available online at http://wise.fau.edu/facilities/uavp/AE-CM accordance with Section 287.055, Florida Statutes. -advertise-home.php or by contacting: Carla C. Capeletti, Office of the University Architect and Vice President for BT-651 – Innovation Village Apartments Phase I Facilities, Florida Atlantic University, 777 Glades Road, Boca Raton Campus Campus Operations Building #69, Room 101, Boca Raton, NOTICE TO PROFESSIONAL CONSULTANTS Florida 33431, Telephone (561)297-2663, (561)297-0224 Fax, or e-mail [email protected]. Florida Atlantic University, on behalf of its Board of Trustees, announces that Professional Services in the discipline of Five (5) bound sets of the required proposal data shall be Architecture, will be required for the project listed below: submitted to: Mr. Tom Donaudy, University Architect and Vice President for Facilities, at the above address, by 5:00 p.m. Project No. BT- 651 (Local Time), on January 18, 2008. Facsimile (FAX) Project and Location: Located on Florida Atlantic University’s submittals are not acceptable and will not be considered. Boca Raton Campus, the Innovation Village Apartments will Innovation Village Apartments Phase I – BT-651 consist of apartment style units for 600 students with each unit providing a private single bedroom for each student, arranged Florida Atlantic University – Boca Raton Campus in a four bedroom suite with a living room, dining area and PROJECT DESCRIPTION kitchen, and at least two separate bathrooms. In addition, The project consists of site development and construction of several RA suites shall be incorporated into the complex. The apartment style units for 600 students with each unit providing entire project shall be entirely handicap accessible. The total a private single bedroom for each student, arranged in a four construction budget is approximately $42,300,000.00. The bedroom suite with a living room, dining area and kitchen, and selected firm will provide schematic design, design development, at least two separate bathrooms. In addition, several RA suites construction documents and construction administration for the shall be incorporated into the complex. The complex shall be referenced project. Blanket professional liability insurance will entirely handicap accessible. be required for this project in the amount of $1,000,000.00, and This facility will be constructed using the Construction will be provided as a part of Basic Services. Management delivery process. INSTRUCTIONS: The Construction budget is approximately $42,300,000.00. Firms desiring to apply for consideration shall submit a letter SELECTION CRITERIA of application. Firms will be evaluated in the following areas: current The letter of application should have attached: workload, location, past performance, volume of state work, A completed “Florida Atlantic University Professional design ability, and experience and ability. Experience and Qualifications Supplement” (FAUPQS Revised January 2004). ability scores will be based on the following criteria: Applications on any other form may not be considered. Experience of firm and individual members of the design team A copy of the applicant’s current Professional Registration with project of similar size and program. Certificate from the appropriate governing board. An applicant Experience of firm and individual members of the design team must be properly registered at the time of application to in planning, designing, estimating, and construction practice its profession in the State of Florida. If the applicant is administration of projects similar in size and budget. Site a corporation, it must be chartered by the Florida Department examples of projects within the past five-year, including the of State to operate in Florida. ability to meet aggressive time and budget constraints. Submit 5 (five) sets of the above requested data bound in the Experience in campus planning, educational facilities and order listed above. Applications which do not comply with the working with committees. above instructions may be disqualified. Application materials SELECTION COMMITTEE will not be returned. The plans and specifications for the State Tom Donaudy, University Architect & Vice President for of Florida University projects are subject to reuse in Facilities accordance with the provisions of Section 287.055, Florida Raymond Nelson, Director, Facilities Planning Statutes. As required by Section 287.133, Florida Statutes, a Jim Baker, Director, Engineering & Utilities consultant may not submit a proposal for this project if it is on Jill Eckardt, Director, University Housing the convicted vendor list for a public entity crime committed SELECTION SCHEDULE: within the past 36 months. The selected consultant must The anticipated schedule for selection, award, and negotiation warrant that it will neither utilize the services of, nor contract is as follows: with, any supplier, subcontractor, or consultant in excess of Submittal Due: January 18, 2008 $10,000.00 in connection with this project for a period of 36

5814 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Shortlist Meeting: February 14, 2008 qualification of the firm's personnel, and staff and consultants. Final Interviews: TBD Finalists may request a copy of the building program and the Contract Negotiation: TBD latest documentation prepared by the project GENERAL INFORMATION Architect/Engineer, and a copy of the standard Florida Atlantic 1. All applicants will be notified of the results of the University Construction Management Agreement. The shortlisting in writing. Finalists will be informed of the Selection Committee may reject all proposals and stop the interview date and time and will be provided with additional selection process at any time. The Construction Manager shall project information, if available. have no ownership, entrepreneurial or financial affiliation with the selected architect/engineer involved with this project. 2. The Selection Committee will make a recommendation to the President of the University. All finalists will be Firms desiring to provide Construction Management services notified in writing of the President's action. Upon approval for the project shall submit a letter of application and a by the President, negotiations will be conducted in completed “Florida Atlantic University Construction Manager accordance with Section 287.055, Florida Statutes. Qualification Supplement” (FAUCMPQS Revised January 2004). Proposals must not exceed 40 pages, including the 3. Professional liability insurance is required for this project Construction Manager Qualifications Supplement and letter of in the amount of $1,000,000.00. application. Pages must be numbered consecutively. 4. A copy of the building program is available on our website Submittals that do not comply with these requirements or do at http://wise.fau.edu/facilities/uavp/AE-CM-advertise- not include the requested data will not be considered. No home.php. submittal material will be returned. All applicants must be licensed to practice as general NOTICE TO CONSTRUCTION MANAGERS contractors in the State of Florida at the time of application. Florida Atlantic University, on behalf of its Board of Trustees, Corporations must be registered to operate in the State of announces that Construction Management services will be Florida by the Department of State, Division of Corporations, required for the project listed below: at the time of application. As required by Section 287.133, Project No.: BT#651 Innovation Village Apartments Phase I Florida Statutes, a Construction Management firm may not located at Florida Atlantic University’s Boca Raton Campus. submit a proposal for this project if it is on the convicted The project consists of site development and construction of vendor list for a public entity crime committed within the past apartment style units for 600 students with each unit providing 36 months. The selected Construction Management firm must a private single bedroom for each student, arranged in a four warrant that it will neither utilize the services of, nor contract bedroom suite with a living room, dining area and kitchen, and with, any supplier, subcontractor, or consultant in excess of at least two separate bathrooms. In addition, several RA suites $15,000.00 in connection with this project for a period of 36 shall be incorporated into the complex. The entire project shall months from the date of their being placed on the convicted be entirely handicap accessible. vendor list. The estimated construction cost is $42,300,000.00. The FAUCMQS form and the Project Fact Sheet may be The contract for Construction Management services will obtained on our website at:http://uavp.fau.edu, or by consist of two phases. Phase one is pre-construction services, contacting: Carla Capeletti, Office of the University Architect for which the Construction Manager will be paid a fixed fee. & Vice President for Facilities, Florida Atlantic University, Phase one services include value engineering, constructability 777 Glades Road, Campus Operations Bldg. #69, Room 101, analyses, development of a cost model, estimating, and the Boca Raton, Florida 33431, Telephone (561)297-2663, Fax development of a Guaranteed Maximum Price (GMP) at 100% (561)297-0224. Construction Document phase. If the GMP is accepted, Phase Five (5) bound sets of the required proposal data shall be two, the construction phase, will be implemented. In phase two submitted and addressed to: Mr. Tom Donaudy, University of the contract, the Construction Manager becomes the single Architect & Vice President for Facilities, at the above address point of responsibility for performance of the construction of by 5:00 p.m. on January 25, 2008. Facsimile (FAX) submittals the project and shall publicly bid trade contracts. Failure to are not acceptable and will not be considered. negotiate an acceptable fixed fee for phase one of the contract, Innovation Village Apartments Phase I – BT-651 or to arrive at an acceptable GMP within the time provided in Florida Atlantic University – Boca Raton Campus the agreement, may result in the termination of the PROJECT DESCRIPTION Construction Manager's contract. The project consists of site development and construction of Selection of finalists for interviews will be made on the basis apartment style units for 600 students with each unit providing of Construction Manager qualifications, including experience a private single bedroom for each student, arranged in a four and ability; past experience; bonding capacity; record-keeping, bedroom suite with a living room, dining area and kitchen, and administrative ability, critical path scheduling expertise; cost estimating; cost control ability; quality control capability;

Section XI - Notices Regarding Bids, Proposals and Purchasing 5815 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 at least two separate bathrooms. In addition, several RA suites The project consists of the design and construction of minor shall be incorporated into the complex. The complex shall be projects for the university. entirely handicap accessible. Minor projects are defined as projects with a value of up to This facility will be constructed using the construction $1,000,000.00. management delivery process. FORM OF PROPOSALS The Construction budget is approximately $42,300,000.00. It is the University’s intention to have professionals in the SELECTION CRITERIA disciplines of design/build for this project. Firms will be evaluated in the following areas: Experience and The selected design/build firm will provide design, ability, past experience; bonding capacity; record-keeping; construction documents, and administration for the referenced administrative ability; critical path scheduling expertise; cost project. Blanket professional liability insurance for the estimating; cost control ability; quality contract capability’; design/builder will be required for this project in the amount of qualification of the firm’s personnel, staff and consultants; and $250,000 and will be provided as a part of Basic Services. the ability to phase a project such that key existing computer Five (5) bound copies of the required proposal data shall be functions are kept operational throughout the project. submitted to: Ms. Gina Seabrook, Facilities Planning, 4000 Experience and ability scores will be based on the following Central Florida Blvd., Post Office Box 163020, Orlando, FL criteria: 32816-3020. Submittals must be received by 5:00 p.m. (Local 1. Experience in projects of similar size and scope. Time), on Thursday, January 8, 2008. Facsimile (FAX) 2. Experience in working with Universities. submittals are not acceptable and will not be considered. Late SELECTION COMMITTEE submissions will not be accepted. Tom Donaudy, University Architect & Vice President for The committee members have elected not to meet with Facilities proposed firms. Raymond Nelson, Director, Facilities Planning INSTRUCTIONS FOR DESIGN/BUILDERS Jim Baker, Director, Engineering & Utilities Design/Build firms desiring to apply for consideration must Jill Eckardt, Director, University Housing include a letter of application and should have attached: SELECTION SCHEDULE: 1. The most recent version of the Florida Board of Education “Professional Qualifications Supplement” (PQS) dated The anticipated schedule for selection, award, and negotiation 7/03, completed by the applicant. Do not alter the PQS is as follows: form. Submittal Due: January 25, 2008 2. A copy of the firms current Professional Registration Shortlist Meeting: February 21, 2008 Certificates from the appropriate governing board. An Final Interviews: TBD applicant must be properly registered at the time of Contract Negotiation: TBD application to practice its profession in the State of GENERAL INFORMATION Florida. If the applicant is a corporation, it must be 1. All applicants will be notified of the results of the short list chartered by the Florida Department of State to operate in in writing. Finalists will be informed of the interview date Florida. and time and will be provided with additional project 3. The most recent version of the Florida Board of Education information, if available. “Revised Construction Manager Qualifications 2. The Selection Committee will make a recommendation to Supplement” (CMQS) dated 02/02. Do not alter the the President of the University. All finalists will be CMQS form. notified in writing of the President's action. Upon approval Applications that do not comply with all instructions may be by the President, negotiations will be conducted in disqualified. Application materials will not be returned. accordance with Section 287.055, Florida Statutes. Selection of finalists for interviews will be made on the basis 3. A copy of the building program is available on our of design/builder’s qualifications separately, including website at http://wise.fau.edu/facilities/uavp/AE-CM- experience and ability; past experience; bonding capacity; cost advertise-home.php. estimating; qualification of the firm’s personnel, staff and consultants; and ability to include minority business enterprise Notice of Bid/Request for Proposal participation. Finalists will be provided with a description of The University of Central Florida on behalf of its Board of the final interview topics. The Selection Committee may reject Trustees announces that Professional Services in the discipline all proposals and stop the selection process at any time. of design/build will be required for the project listed below: The plans and specifications for Florida Board of Education Project and Location: University of Central Florida, Main projects are subject to reuse in accordance with the provisions Campus, Orlando, Florida 32816-3020. of Section 287.055, Florida Statutes. As required by Section 287.133, Florida Statutes, a consultant may not submit a

5816 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 proposal for this project if it is on the convicted vendor list for Request for Qualifications (RFQ) a public entity crime committed within the past 36 months. The FOR selected consultant must warrant that it will neither utilize the Annual Contract for Construction Management Services services of, nor contract with, any supplier, subcontractor, or The Office of Facilities Design and Construction announces consultant in excess of $15,000.00 in connection with this that Construction Management services are required for project for a period of 36 months from the date of placement on Annual Contracts for Construction Management Services for the convicted vendor list. Duval County Public Schools. The firm(s) selected under an Carefully review the Design/Build Contract and General annual contract will be responsible for assigned projects Condition’s documents. Submitting a proposal for this project having estimated construction costs not exceeding the constitutes complete agreement with and acceptance of the threshold amount of $1,000,000 (construction), provided for in terms and conditions contained within these documents. These § 287.055, Florida Statutes. This will be a multiple year documents can be found on our website at www.fp.ucf.edu contract to one or more firms for an initial period of one year with the advertisement. with an option to renew for two additional one-year periods. INSTRUCTIONS FOR DESIGN/BUILDERS Applications are to be sent to: All applicants must be licensed to practice as general James L. Womack contractors in the State of Florida at the time of application. Facilities Design and Construction Corporations must be registered to operate in the State of 1701 Prudential Drive – 5th Floor Florida by the Department of State, Division of Corporations, Jacksonville, FL 32207-8182 at the time of application. As required by Section 287.133, PROJECT MANAGER: James L. Womack Florida Statutes, a construction management firm may not submit a proposal for this project if it is on the convicted PHONE NO.: (904)390-2279 vendor list for a public entity crime committed within the past RESPONSE DUE DATE: RFQ’S ARE DUE ON OR 36 months. The selected construction management firm must BEFORE JANUARY 8, 2008 AND WILL BE ACCEPTED warrant that it will neither utilize the services of, nor contract UNTIL 4:30 p.m. with, any supplier, subcontractor, or consultant in excess of MBE GOALS: If multiple contracts are awarded, one out of $15,000.00 in connection with this project for a period of 36 every four of them should be sheltered. The remaining should months from the date of their being placed on the convicted have an overall participation goals of 10%; based on the vendor list. availability of MBEs for this project. DESIGN/BUILD CONTRACT Information on the selection process can be found at The contract for design/build services will consist of two www.dreamsbeginhere.org go to about dcps, then dcps phases. Phase one will consist of the development of departments, then Facilities Design and Construction then construction documents and the development of a Guaranteed Selection Booklets. Maximum Price (GMP) at 50% construction documents. If the GMP is accepted, phase two, the construction phase, will be BOARD OF TRUSTEES OF THE INTERNAL implemented. In phase two of the contract, the design/builder IMPROVEMENT TRUST FUND becomes the single point of responsibility for performance of Notices for the Board of Trustees of the Internal Improvement the construction of the project and shall publicly bid trade Trust Fund between December 28, 2001 and June 30, 2006, go contracts. Failure to negotiate an acceptable GMP within the to http://www.dep.state.fl.us/ under the link or button titled time provided in the agreement may result in the termination of “Official Notices.” the design/builder’s contract. PROJECT FACT SHEET STATE BOARD OF ADMINISTRATION Project Fact Sheet contains the selection criteria which is the primary basis for determining the shortlist. The Project Fact Notice of Bid/Request for Proposal Sheet, Professional Qualifications Supplement forms, The Florida Prepaid College Board is accepting proposals in Construction Manager Qualifications Supplement forms, response to an Invitation to Negotiate, ITN #07-01, to obtain descriptive project information, and selection criteria may be proposals from qualified agencies to provide Advertising, obtained by contacting: Ms. Gina Seabrook, University of Marketing & Public Relation Services for the Florida Prepaid Central Florida, Phone (407)823-2166, Fax (407)823-5141, College Plan and the Florida College Investment Plan. Email: [email protected], Web site: www.fp.ucf.edu. Copies of the Invitation to Negotiate, ITN #07-01, are available on or after December 7, 2007, by submitting a written request to Thomas J. Wallace, Executive Director, Florida Prepaid College Board, 1801 Hermitage Blvd., Suite 210,

Section XI - Notices Regarding Bids, Proposals and Purchasing 5817 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Tallahassee, Florida 32308, Facsimile (850)488-3555. All PREQUALIFICATION: Each bidder whose field is governed information received in regard to this ITN must be sent to the by Chapters 399, 489, and 633 of the Florida Statutes for above named address. licensure or certification must submit prequalification data of There is no bidder’s conference. Only written inquiries their eligibility to submit proposals five (5) calendar days prior concerning the ITN will be accepted. No written inquiries will to the bid opening date if not previously qualified by the be accepted after 12 Noon, Eastern Time, December 17, 2007. Department for the current biennium (July 1 through June 30) The original unbound copy and five (5) copies of each of odd numbered years. Please call Ms. Sandra Rogers at response to the ITN must be received by 12 Noon, Eastern (850)922-8855 for Prequalification Requirements. You must Time, January 25, 2008, at the Florida Prepaid College Board, be prequalified five (5) days prior to bid opening. After the bid 1801 Hermitage Blvd., Suite 210, Tallahassee, Florida 32308. opening the low bidder must qualify in accordance with Rule Proposals must be submitted in full accordance with the 60D-5.004, F.A.C. A copy of the rule requirements is included requirements and mandatory criteria of the ITN. in the Instruction To Bidders under Article B-2 “Bidder The Board reserves the right to reject any and all proposals or Qualification Requirements and Procedures”. accept minor irregularities in the best interest of the State. Sealed bids will be received, publicly opened and read aloud Certified Minority Business Enterprises are encouraged to on: participate. DATE AND TIME: January 9, 2008, 3:00 p.m. (EST Local SPECIAL ACCOMMODATION: Any person requiring Time) special accommodations at the bid opening because of a Any person with a qualified disability requiring special disability should fax a written request for same to: Thomas J. accommodations at the pre-bid conference, and/or bid/proposal Wallace, Executive Director, Florida Prepaid College Board, at opening, shall contact the person listed below at least (5) (850)488-3555, no later than five (5) days prior to the bid working days prior to the event. If you are hearing or speech opening. impaired, please contact this office by using Florida Relay Services by dialing 1(800)955-8771 (TDD). DEPARTMENT OF CORRECTIONS PROPOSAL: Bids must be submitted in full in accordance with the requirements of the Drawings, Specifications, Bidding ADVERTISEMENT FOR BIDS Conditions and Contractual Conditions, which may be PROPOSALS ARE REQUESTED FROM GENERAL examined and obtained from the: CONTRACTORS BY THE STATE OF FLORIDA, ARCHITECT-ENGINEER: Hartman & Associates, Inc., 4415 DEPARTMENT OF CORRECTIONS, FOR THE Metro Parkway, Suite 320, Fort Myers, Florida 33916 CONSTRUCTION OF: TELEPHONE: (239)277-5155 PROJECT NO:EK-04-WW Drawings and specifications may be purchased for $75.00 per PROJECT NAME AND LOCATION: Lowell Correctional set from the Architect/Engineer. Institution Wastewater Collection System Improvements PRE-BID CONFERENCE: There will be no pre-bid conference FOR: Construction of new gravity collection system and for this project. However, Contractors are encouraged to visit the abandonment of two (2) existing lift stations. site on December 19, 2007, 1:00 p.m., to inspect the site and PERFORMANCE BOND AND LABOR AND MATERIAL familiarize themselves with the project conditions. Contractors PAYMENT BOND: If the construction contract award amount is shall contact Mr. Wayne Shifflett, Maintenance Supervisor at $100,000.00 or less, a Performance Bond and a Labor And (352)401-5335, no later than December 14, 2007, to obtain Material Payment Bond are not required. clearance to visit the site, which is located at the Lowell PUBLIC ENTITY CRIME INFORMATION STATEMENT: A Correctional Institution, 11120 N. W. Gainesville Road, Ocala, person or affiliate who has been placed on the convicted Florida 34482-1479. vendor list following a conviction for a public entity crime may CONTRACT AWARD: Bid Tabulation and Notice of Award not submit a bid on a contract to provide any goods or services Recommendation will be sent to all bidders by Facsimile to a public entity, may not submit a bid on a contract with a (FAX), Return Receipt Required. If no protest is filed per public entity for the construction or repair of a public building Article B-20 of the Instructions to Bidders, “Bid Protests, or public work, may not submit bids on leases of real property Points of Entry”, the contract will be awarded by the Secretary, to a public entity, may not be awarded or perform work as a Department of Corrections. Right is reserved to reject any or contractor, supplier, subcontractor, or consultant under a all bids. contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

5818 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

ADVERTISEMENT FOR BIDS PROPOSAL: Bids must be submitted in full in accordance PROPOSALS ARE REQUESTED FROM GENERAL with the requirements of the Drawings, Specifications, Bidding CONTRACTORS BY THE STATE OF FLORIDA, Conditions and Contractual Conditions, which may be DEPARTMENT OF CORRECTIONS, FOR THE examined and obtained from the: CONSTRUCTION OF: ARCHITECT-ENGINEER: Hartman & Associates, Inc., 4415 PROJECT NO: EK-11 (WTI) Metro Parkway, Suite 320, Fort Myers, FL 33916 PROJECT NAME AND LOCATION: Marion Correctional TELEPHONE: (239)277-5155 Institution Water Treatment Plant Modifications Drawings and specifications may be purchased for $75.00 per FOR: Construction of yard piping modifications and the set from the Architect/Engineer. change from gas chlorine to liquid chlorine PRE-BID CONFERENCE: There will be no pre-bid conference PERFORMANCE BOND AND LABOR AND MATERIAL for this project. However, Contractors are encouraged to visit the PAYMENT BOND: If the construction contract award amount is site on December 19, 2007, 10:00 a.m., to inspect the site and $100,000.00 or less, a Performance Bond and a Labor And familiarize themselves with the project conditions. Contractors Material Payment Bond are not required. shall contact Mr. Mike Hensley, Maintenance Supervisor at PUBLIC ENTITY CRIME INFORMATION STATEMENT: A (352)401-6459, no later than December 14, 2007, to obtain person or affiliate who has been placed on the convicted clearance to visit the site, which is located at the Marion vendor list following a conviction for a public entity crime may Correctional Institution, 3269 N. W. 105th Street, Lowell, Florida not submit a bid on a contract to provide any goods or services 32663-0158. to a public entity, may not submit a bid on a contract with a CONTRACT AWARD: Bid Tabulation and Notice of Award public entity for the construction or repair of a public building Recommendation will be sent to all bidders by Facsimile or public work, may not submit bids on leases of real property (FAX), Return Receipt Required. If no protest is filed per to a public entity, may not be awarded or perform work as a Article B-20 of the Instructions to Bidders, “Bid Protests, contractor, supplier, subcontractor, or consultant under a Points of Entry”, the contract will be awarded by the Secretary, contract with any public entity, and may not transact business Department of Corrections. Right is reserved to reject any or with any public entity in excess of the threshold amount all bids. provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the NOTICE TO PROFESSIONAL CONSULTANTS FOR convicted vendor list. PROFESSIONAL ARCHITECTURAL/ENGINEERING PREQUALIFICATION: Each bidder whose field is governed SERVICES by Chapters 399, 489, and 633 of the Florida Statutes for The State of Florida, Department of Corrections, Bureau of licensure or certification must submit prequalification data of Procurement and Supply, announces that Professional Services their eligibility to submit proposals five (5) calendar days prior are required from Architectural/Engineering firms for the to the bid opening date if not previously qualified by the project listed below. Applications from qualified firms are to Department for the current biennium (July 1 through June 30) be sent to the attention of Julyn Hussey, Bureau of of odd numbered years. Please call Ms. Sandra Rogers at Procurement and Supply, Department of Corrections, 2601 (850)922-8855 for Prequalification Requirements. You must Blair Stone Road, Tallahassee, Florida 32399-2500, be prequalified five (5) days prior to bid opening. After the bid (850)410-4049. The selected firm may be required to perform opening the low bidder must qualify in accordance with Rule its services on an accelerated schedule. 60D-5.004, F.A.C. A copy of the rule requirements is included INSTRUCTIONS in the Instruction To Bidders under Article B-2 “Bidder Any firm desiring to provide professional services for this Qualification Requirements and Procedures”. project shall apply for consideration with a letter of Sealed bids will be received, publicly opened and read aloud application, indicating within the body of the letter, your firm’s on: specific abilities respective to the particular project’s DATE AND TIME: January 9, 2008, 2:00 p.m. (EST Local requirements, office location(s) from which the firm will be Time) doing the work and attach current copies of the following: Any person with a qualified disability requiring special 1. A copy of the Department of Corrections’ current accommodations at the pre-bid conference, and/or bid/proposal “Professional Qualifications Supplement” (PQS) (dated opening, shall contact the person listed below at least (5) September 2004) with current data. The PQS is posted as a working days prior to the event. If you are hearing or speech related document for printing on the Vendor Bid System impaired, please contact this office by using Florida Relay under this solicitation at the following website address: Services by dialing 1(800)955-8771 (TDD). http://vbs.dms.state.fl.us/vbs/search.criteria_form. PLACE: Hartman & Associates, Inc., 4415 Metro Parkway, Suite 320, Fort Myers, FL 33916

Section XI - Notices Regarding Bids, Proposals and Purchasing 5819 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

2. A reproduction of the firm’s current Florida State Board responding to this RFQ will be notified by a single posting, License with the appropriate board governing the after approval by the Secretary, through the following website discipline offered. If the firm is a corporation, it must be address: http://vbs.dms.state.fl.us/vbs/search.criteria_form. It properly chartered with the Department of State to operate is the firm’s responsibility to check the website for updated in Florida. Include a copy of the charter and current information. certification that all fees and filings are current. Response Date: January 14, 2008, by 4:00 p.m. Eastern 3. Attach a current copy of the SF330 for the office(s) that Standard Time (EST) Late submittals will not be opened or will be performing the work. This form may be found at considered. the following website address: http://www.gsa.gov. PROJECT: Provide Professional Architectural/Engineering 4. Evidence of professional liability insurance in the amount Services to adapt prototypical work camp plans at Everglades of at least $1,000,000. Correctional Institution. Scope of work includes Design, 5. Describe scope of work to be assigned to any Environmental Permitting, Bidding Services and Construction sub-consultant and include a SF330 for each Administration of the associated Sitework and Utilities and sub-consultant. expansion of the existing utilities as required to service the 6. Names, specific qualifications and professional work camp. Work includes architectural/engineering support, memberships of person(s) to be assigned to this project to assist the Department in adapting prototype building designs and their respective roles (do not include resumes). to site conditions and includes providing contract 7. Names, addresses and phone numbers of at least five (5) administration services. Partial funding is available for the other agencies for whom similar services have been initial site design. Additional funding, contingent upon annual performed within the last five (5) years and the date, appropriations by the Legislature, will be required to complete project name, brief project description, firm’s project the design, permitting and construction. manager and specific services provided in each case. EXPERIENCE: Candidate firms need to provide information 8. If desired by the firm, additional examples of similar regarding their experience and expertise in design of site work projects completed by persons to be assigned to this and utilities for correctional institutions and all associated project, references (none from current or former environmental permitting. Department of Corrections personnel) and any other PROJECT LOCATION: Everglades Correctional Institution, supporting information. Miami, Florida is the project site for purposes of the selection Submit one original letter of interest and five (5) copies of the process. required data. The required data shall be submitted in the order PROJECT NUMBER: FL-50(ST) listed above. Faxed copies will not be accepted. Applications ESTIMATED CONSTRUCTION COST: $11,400,000 that do not comply with the instructions set forth above may be PROJECT ADMINISTRATOR: Chuck Bozeman, considered improper and be disqualified. The plans and Construction Projects Administrator, (850)410-4174 specifications developed by the firm awarded this project are subject to reuse in accordance with the requirements of Section DEPARTMENT OF ENVIRONMENTAL PROTECTION 287.055, Florida Statutes, (“Consultants’ Competitive Negotiation Act”). Notices for the Department of Environmental Protection The awarded firm shall not knowingly engage in this project, between December 28, 2001 and June 30, 2006, go to on a full time, part time or other basis during the period of this http://www.dep.state.fl.us/ under the link or button titled Contract, any current or former employee of the Department “Official Notices.” where such employment conflicts with Section 112.3185, Florida Statutes. NOTICE OF INVITATION TO BID Respondents will be ranked by a Competitive Selection BID NO. BDC 45-07/08 Committee based on the information received in response to The Department of Environmental Protection, Division of this Request For Qualifications (RFQ). Interviews of all ranked Recreation and Parks, Bureau of Design and Construction is respondents may or may not be required, at the direction of the soliciting formal competitive bids for the project listed below: Committee. If interviews are required they will be held during PROJECT NAME: Jonathan Dickinson State Park – the week beginning February 11, 2008, ending February 15, Concession Tour Boat Launch 2008. Under the authority delegated to the Secretary of the SCOPE OF WORK: The contractor shall provide the necessary Department of Corrections by Section 287.055, F.S., sitting as labor, supervision, equipment and materials required to the head of the Department of Corrections, Professional successfully complete the construction of a 6 foot wide by Services Contracts will be awarded to one firm following the approximately 350 foot long accessible walkway, a portion of recommendations of the Competitive Selection Committee and which is over water and supported by concrete pilings. The in accord with the statutory negotiation procedures. All firms walkway is comprised of concrete sidewalk with a section of

5820 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 elevated wood and composite material boardwalk with Administrator, Bureau of Design and Construction, handrails. The work also includes construction of a 6 foot wide (850)488-5372. The Department reserves the right to reject any by approximately 250 foot long boardwalk with two 6 foot by or all bids. 10 foot observation platforms, and two 6 foot by 30 foot finger BID POSTING DATE: No later than 2:00 p.m., Friday, piers, constructed of wood and composite material, all of January 11, 2008, unless extended by the Department for good which is over water and supported by concrete pilings. The cause. work also includes relocating several existing floating canoe/kayak mooring docks, and the demolition and NOTICE OF INVITATION TO BID rehabilitation of approximately 1000 square feet of existing BID NO. BDC 46-07/08 wooden decking and stairs including associated handrails. The Department of Environmental Protection, Division of PARK LOCATION: Jonathan Dickinson State Park, 16450 Recreation and Parks, Bureau of Design and Construction is S. E. Federal Highway, Hobe Sound, Florida 33455 soliciting formal competitive bids for the project listed below: PROJECT MANAGER: Randy Strange, Bureau of Design and PROJECT NAME: Indian Key Historic State Park – Dock Construction, Alfred B. Maclay Gardens State Park, 3540 Repair Thomasville Road, Tallahassee, Florida 32309, SCOPE OF WORK: The contractor shall provide all labor, (850)488-5372, Fax: (850)488-1141. materials, equipment and supervision required to successfully MINORITY BUSINESS REQUIREMENT: The Department complete the removal of the remains of an existing storm of Environmental Protection supports diversity in its damaged wooden dock, construction of a new approximately Procurement Program and requests that all sub-contracting 2,000 square foot dock in the same footprint as the existing opportunities afforded by this bid embrace diversity dock, with prestressed concrete piles and girders and enthusiastically. The award of sub-contracts should reflect the Strongwell, or Engineer approved equal deck components. The full diversity of the citizens of the State of Florida. The project also includes the rehabilitation of approximately 6 Department will be glad to furnish a list of Minority Owned reinforced concrete observation tower footing at a separate Firms that could be offered sub-contracting opportunities. location in the Park. All access to the Park is by water only. PREQUALIFICATION: When the total bid price including PARK LOCATION: Indian Key, Atlantic Ocean alternates exceeds $200,000.00, each bidder whose field is PROJECT MANAGER: Randy Strange, Bureau of Design governed by Chapters 399, 489, and 633 of the Florida Statutes and Construction, Alfred B. Maclay Gardens State Park, 3540 for licensure or certification must submit prequalification data Thomasville Road, Tallahassee, Florida 32309, of their eligibility prior to the bid closing date. (850)488-5372, Fax: (850)488-1141. INSTRUCTIONS: Any firm desiring plans and bid MINORITY BUSINESS REQUIREMENT: The Department specifications for this project may obtain a copy by writing the of Environmental Protection supports diversity in its address or calling the telephone number below. Plans and Procurement Program and requests that all sub-contracting specifications will be available on December 7, 2007 at: opportunities afforded by this bid embrace diversity Jonathan Dickinson State Park, 16450 S. E. Federal Highway, enthusiastically. The award of sub-contracts should reflect the Hobe Sound, Florida 33455, Attention: Mark Nelson, full diversity of the citizens of the State of Florida. The (772)546-2771. Department will be glad to furnish a list of Minority Owned ADA REQUIREMENTS: Any person with a qualified Firms that could be offered sub-contracting opportunities. disability shall not be denied equal access and effective PREQUALIFICATION: When the total bid price including communication regarding any bid/proposal documents or the alternates exceeds $200,000.00, each bidder whose field is attendance at any related meeting or bid/proposal opening. If governed by Chapters 399, 489, and 633 of the Florida Statutes accommodations are needed because of disability, please for licensure or certification must submit prequalification data contact Michael Renard with the Bureau of Design and of their eligibility prior to the bid closing date. Construction, (850)488-5372, at least five (5) workdays prior INSTRUCTIONS: Any firm desiring plans and bid to openings. If you are hearing or speech impaired, please specifications for this project may obtain a copy by writing the contact the Florida Relay Services by calling 1(800)955-8771 address or calling the telephone number below. Plans and (TDD) or 1(800)955-8770 (Voice). specifications will be available on December 7, 2007 at: BID SUBMITTAL DUE DATE: No later than 4:30 p.m., Windley Key Fossil Reef Geological State Park, P. O. Box Tuesday, January 8, 2008, to the below address: Florida 33598, Islamorada, Florida 33036 Department of Environmental Protection Bureau of Design and Attention: Melba Nezbed, (305)664-2540. Construction, 3540 Thomasville Road, Tallahassee, Florida ADA REQUIREMENTS: Any person with a qualified 32309, attention Michael Renard, Construction Projects disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If

Section XI - Notices Regarding Bids, Proposals and Purchasing 5821 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 accommodations are needed because of disability, please specifications will be available on December 7, 2007 at: Lake contact Michael Renard with the Bureau of Design and Jackson Mounds Archeological State Park, c/o St. Marks Construction, (850)488-5372, at least five (5) workdays prior Administration 1022 Desoto Park Drive, Tallahassee, Florida to openings. If you are hearing or speech impaired, please 32301. contact the Florida Relay Services by calling 1(800)955-8771 ADA REQUIREMENTS: Any person with a qualified (TDD) or 1(800)955-8770 (Voice). disability shall not be denied equal access and effective BID SUBMITTAL DUE DATE: No later than 4:00 p.m., communication regarding any bid/proposal documents or the Tuesday, January 8, 2008, to the below address: Florida attendance at any related meeting or bid/proposal opening. If Department of Environmental Protection Bureau of Design and accommodations are needed because of disability, please Construction, 3540 Thomasville Road, Tallahassee, Florida contact Michael Renard with the Bureau of Design and 32309, attention Michael Renard, Construction Projects Construction at (850)488-5372 at least five (5) workdays prior Administrator, Bureau of Design and Construction, to openings. If you are hearing or speech impaired, please (850)488-5372. The Department reserves the right to reject any contact the Florida Relay Services by calling 1(800)955-8771 or all bids. (TDD) or 1(800)955-8770 (Voice). BID POSTING DATE: No later than 2:00 p.m., Friday, BID SUBMITTAL DUE DATE: No later than 2:00 p.m., January 11, 2008, unless extended by the Department for good Tuesday, January 8, 2008, to the below address: Florida cause. Department of Environmental Protection, Bureau of Design and Construction, 3540 Thomasville Road, Tallahassee, NOTICE OF INVITATION TO BID Florida 32309, attention Michael Renard, Construction BID NO. BDC 47-07/08 Projects Administrator, Bureau of Design and Construction, The Department of Environmental Protection, Division of (850)488-5372. The Department reserves the right to reject any Recreation and Parks, Bureau of Design and Construction is or all bids. soliciting formal competitive bids for the project listed below: BID POSTING DATE: No later than 2:00 p.m., Friday, PROJECT NAME: Lake Jackson Mounds Archeological State January 11, 2008, unless extended by the Department for good Park – Artifact Storage Facility cause. SCOPE OF WORK: The contractor shall provide the necessary labor, supervision, equipment and materials required to FLORIDA HOUSING FINANCE CORPORATION successfully construct a new Artifact Storage Facility Notice of Bid/Request for Proposal including all related infrastructure according to the plans and The Florida Housing Finance Corporation invites all qualified specifications. entities wishing to provide auditing services for and on behalf PARK LOCATION: Lake Jackson Mounds Archeological of Florida Housing Finance Corporation to submit proposals State Park, off US 27, 2 miles north of I-10, c/o St. Marks for consideration. Proposals shall be accepted until 2:00 p.m. Administration 1022 Desoto Park Drive, Tallahassee, Florida. (Eastern Time), Friday, January 18, 2008, to the attention of: PROJECT MANAGER: Mitch Fenton, Bureau of Design and Robin L. Grantham, Contracts Administrator, Florida Housing Construction, Alfred B. Maclay Gardens State Park, 3540 Finance Corporation, 227 North Bronough Street, Suite 5000, Thomasville Road, Tallahassee, Florida 32309, Tallahassee, Florida 32301-1329. For questions or additional (850)488-5372, Fax: (850)488-3537. information, please contact Robin Grantham at (850)488-4197 MINORITY BUSINESS REQUIREMENT: The Department or [email protected]. of Environmental Protection supports diversity in its To obtain a copy of the Request for Proposals, which outlines Procurement Program and requests that all sub-contracting selection criteria and offeror’s responsibilities, please submit opportunities afforded by this bid embrace diversity your request to the attention of Robin L. Grantham, or you can enthusiastically. The award of sub-contracts should reflect the download the Request for Proposals from the Florida Housing full diversity of the citizens of the State of Florida. The Finance Corporation website at http://www.floridahousing.org Department will be glad to furnish a list of Minority Owned /Home/BusinessLegal/Solicitations/RequestForProposals.htm. Firms that could be offered sub-contracting opportunities. Any modifications that occur to the Request for Proposals will PREQUALIFICATION: When the total bid price including be posted at the web site and may result in an extension of the alternates exceeds $200,000.00, each bidder whose field is deadline. governed by Chapters 399, 489, and 633 of the Florida Statutes for licensure or certification must submit prequalification data of their eligibility prior to the bid closing date. INSTRUCTIONS: Any firm desiring plans and bid specifications for this project may obtain a copy by writing the address or calling the telephone number below. Plans and

5822 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

GAINESVILLE-ALACHUA COUNTY REGIONAL The official clock is located in the Authority’s Administrative AIRPORT AUTHORITY Office. Only SOQ’s received by this time and date will be considered. Notice of Bid/Request for Proposal GACRAA reserves the right to reject any or all SOQ’s received The Gainesville-Alachua County Regional Airport Authority in response to this Request for Qualifications as determined to (GACRAA) is soliciting Statements of Qualifications (SOQ’s) be in the best interest of the Airport. for the purpose of obtaining airport engineering services For additional information, contact Ms. Lynn Noffsinger at Consultants for the Gainesville Regional Airport. Services to (352)378-8797, [email protected]. be performed by the Consultants may include, but are not limited to: Land Use Studies, Planning and Land Development, Obstruction Surveys, Land Acquisition; Stormwater and Notice of Bid/Request for Proposal Environmental Studies, Permitting and Agency Coordination, The Gainesville-Alachua County Regional Airport Authority Wetland Mitigation. Drainage Studies and Improvement Plans; (GACRAA) is soliciting Statements of Qualifications (SOQ’s) Vertical Facility Design, such as Architectural, Mechanical, for the purpose of obtaining an airport engineering services Electrical, Structural and Landscaping Design of consultant for design, engineering, and construction oversight Airport-related and Ancillary Facilities, including Terminal, of a Taxiway B rehabilitation and lighting project at the Maintenance, Corporate Hangar, Rental Car Quick Turn Gainesville Regional Airport. Around, Fueling, Multi-Modal and Parking Facilities; The SOQ documents will be available beginning November Horizontal Infrastructure Design, such as General Civil, 29, 2007 at the Gainesville Regional Airport’s Administration Rehabilitation and Extension of Runways, Taxiways and Office, 3880 N. E. 39th Avenue, Gainesville, FL 32609. Aircraft Parking Apron Facilities; Lighting/Electrical Design The selected Consultant will scope, negotiate and enter into an and Airport Owned Navigation Aids; Construction individual agreement for services with the Airport Authority Management, Administration and Coordination; Construction for completion of the Taxiway B Rehabilitation project. Observation and Inspection Services; Construction Cost Five (5) copies of the SOQ’s must be signed by an authorized Estimates and Independent Cost Estimates; Quality official, enclosed in a sealed envelope or package clearly Assessment and Quality Assurance Reviews and Facilities marked “Proposal No. 08-002 –Engineering Consulting Inspection; Aviation/Airport Geographic Information System Services – Taxiway B Rehab and Lighting” and mailed or (GIS) Services; Environmental planning, preparation, and delivered to the Authority’s Administrative Office, Gainesville permitting, and other environmental analysis, as needed, to Regional Airport, Attn: Allan Penksa, Chief Executive Officer, support future development; Fencing and Security Upgrades; 3880 N.E. 39th Avenue, Gainesville, FL 32609. SOQ’s Wildlife Management; Master Plan Updates; Noise Studies and received after 4:30 p.m. December 20, 2007 will not be Mitigation; and Roadway Development, Planning, Design, and considered. The official clock is located in the Authority’s Construction. Administrative Office. Only SOQ’s received by this time and The SOQ documents will be available beginning November date will be considered. 29, 2007 at the Gainesville Regional Airport’s Administration GACRAA reserves the right to reject any or all SOQ’s received Office, 3880 N.E. 39th Avenue, Gainesville, FL 32609. in response to this Request for Qualifications as determined to Qualification statements will be reviewed for the purpose of be in the best interest of the Airport. establishing a list of a minimum of three (3) qualified firms For additional information, contact Ms. Lynn Noffsinger at from which to choose for the aforementioned projects. The (352)378-8797, [email protected]. selected Consultants will scope, negotiate and enter into individual agreements for services with the Airport Authority PETER R. BROWN CONSTRUCTION, INC. on an assignment-by-assignment basis during the term of Master Agreement(s). The term of the Master Agreement(s) Notice of Request for Proposals will be for five (5) years. USF Tampa Student Residence Facility Phase IV BR-580 Five (5) copies of the SOQ’s must be signed by an authorized Magnolia Hall official, enclosed in a sealed envelope or package clearly Hillsborough County, Tampa, Florida marked “Proposal No. 08-001 – General Engineering Peter R. Brown Construction, Inc. (CGC-061419), the Consulting Services” and mailed or delivered to the Construction Manager/Design Builder for the USF Tampa Authority’s Administrative Office, Gainesville Regional Student Residence Facility Phase IV Magnolia Hall, BR-580 Airport, Attn: Allan Penksa, Chief Executive Officer, 3880 hereby solicits sealed proposals for the referenced project in N.E. 39th Avenue, Gainesville, FL 32609. SOQ’s received accordance with the proposal documents to include but not after 4:30 p.m., December 20, 2007, will not be considered. limited to the following: The Scope of Work for this project includes but is not limited to the following:

Section XI - Notices Regarding Bids, Proposals and Purchasing 5823 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

The project consists of a new 7-story 350,718sf precast directed to the Construction Manager, in writing by January 3, concrete structure for student apartments, support services and 2008. The Owner and Architect will not accept calls regarding a dining facility. Sitework, Piling, CIP Concrete, Precast this project. Concrete, Elevator and Fire Sprinkler Work have been contracted and are not included in this request for proposal. Section XII This phase of the work includes Structural and Misc. Steel, Lightweight Insulating Concrete, Membrane Roofing, Doors, Miscellaneous Door Frames, Hardware, Windows and other Glazed openings, Interior Partitions, Stucco, Exterior Painting and DEPARTMENT OF COMMUNITY AFFAIRS Waterproofing, Loading Dock Equipment, Protective Covers, NOTICE IS HEREBY GIVEN THAT the Building Officials Food Service Equipment, Plumbing, HVAC (Chilled Water), Association of Florida has issued a Binding Interpretation Electrical and Building Systems. The remaining trades will be pursuant to Section 553.775, F.S., filed by Thomas Pepe/Karen procured under a future request for proposal. Kalman on October 19, 2007. The following is a summary of A pre-proposal meeting will be held at 10:00 a.m. (Local the interpretation: Time), Wednesday, January 2, 2008 at the following location: The 2004 Florida Building Code was not in force at the time of USF Tampa Campus – Magnolia Hall Jobsite construction [1984 and 1998] and, therefore, not applicable to Peter R. Brown Construction Inc. Jobsite Office the construction. 12030 USF Walnut Drive A copy of the Interpretation may be obtained at http://www. Tampa, FL 33620 floridabuilding.org/bi/bi_default.aspx. Deadline for receipt of All Proposal Packages has been set for 2:00 p.m., on Thursday, January 10, 2008. Only proposals EMERGENCY MANAGEMENT PREPAREDNESS AND received on or before the time and date listed will be ASSISTANCE – COMPETITIVE GRANT PROGRAM considered. All proposals received after 2:00 p.m., of the day The Division of Emergency Management gives notice of specified above, will be returned unopened. its intent to open the Fiscal Year 2008-2009 application cycle All interested subcontractors must be pre-qualified or have for competitive awards from the Emergency Management, completed the pre-qualification process within the last year. Preparedness, and Assistance (EMPA) Trust Fund. The Please contact the following person to obtain information or application cycle officially opens December 7, 2007 with an documents about the pre-qualification requirements for this application submission deadline of February 7, 2008. project: Contingent on a Legislative appropriation, funds provided Jim Cummings, Director of Estimating under the Fiscal Year 2008-2009 cycle will be available to Phone: (727)535-6407 – Fax: (727)539-8485 award recipients no earlier than July 1, 2008. University of South Florida and Peter R. Brown Construction, Due to the uncertainty of the Fiscal Year 2008-2009 Inc. are committed to provide equal opportunity and strongly Legislative Appropriations, the amount of funds available for encourage all interested M/WBE and SBE firms to submit this program cannot be determined at this time. As soon as the proposals. appropriation is approved, notification of these funds will be One set of plans and specifications will be supplied to all posted on our website at www.floridadisaster.org/ pre-qualified trade contractors at no cost. Drawings will be cps/grants.htm. available December 10, 2007. Trade contractors are The Division encourages all interested and eligible parties responsible for the cost of shipping. Additional sets may be with projects that will enhance emergency management purchased directly from the copy center. Copy center capabilities within the State of Florida to apply for funds information will be distributed with the Proposal Packages. during this open period. University of South Florida and Peter R. Brown Construction, As provided for in Rule Chapter 9G-19, F.A.C., two Inc. reserve the right to accept or reject any and all proposals in programs offering competitive awards encompassing four whole or part and to waive informalities and irregularities. separate categories are available as follows: No verbal instruction or directives will be accepted regarding PROGRAMS: this project during the proposal period. All instructions or 1) EMERGENCY MANAGEMENT COMPETITIVE directives must be clarified through written Addenda or GRANT PROGRAM – (General) Provides competitive Supplements. All questions regarding the work should be grants to state or regional agencies, local governments,

5824 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

and private non-profit organizations to implement projects include the low income, the frail, elderly and the disabled that will further state and local emergency management and language barriers, the care and sheltering of people objectives. Eligible applicants may submit multiple with their pets, and/or transportation issues. applications; however, no single application shall seek or Applications addressing the above priority must be receive an award in excess of $200,000. All eligible submitted under Project Category #4, – “Other projects that applicants, with the exception of counties shall be limited will further state and local emergency management objectives to no more than three (3) application submissions in an which have been designated by the State of Florida as priorities application cycle. in the applicable Notice of Funding Availability.” 2) MUNICIPAL COMPETITIVE GRANT PROGRAM – All critical facility projects, at a minimum, whether Provides competitive grants to municipalities that are mitigation, retrofit, renovations or new construction, must legally constituted, have an authorized, established, and conform to the hurricane vulnerability guidelines established in maintained emergency management program; have a the American Red Cross’ publication “Standards for Hurricane signed current Statewide Mutual Aid Agreement (SMAA) Evacuation Shelter Selection” (ARC 4496, January 2002). To and have supplied all required information and assist in the determination of a facility’s compliance with these documentation such that the SMAA is ready to be signed guidelines, an ARC 4496 Evaluation Questionnaire will be by the Division of Emergency Management by the date of made available. If these standards cannot be met until the the application deadline. Each Municipal Emergency project is complete, the evaluation will need to reflect what Management Program may apply for one competitive measures will be used to reach a compliance status. THE grant under this program, not to exceed $50,000 in EVALUATION QUESTIONNAIRE MUST BE requested grant funds. COMPLETED AND SUBMITTED WITH THE APPLICATION CATEGORIES: APPLICATION. Critical facilities include, but are not limited Applications are accepted in the following four categories to, hurricane shelters, Emergency Operations Centers, under both programs: structures for fire stations, rescue operations or law 1) Projects that will promote public education on disaster enforcement facilities, hospitals and public works facilities, preparedness and recovery issues. etc. Other more stringent codes and standards may apply to 2) Projects that will enhance coordination of relief efforts of new construction or substantial renovation/retrofit projects. statewide private sector organizations, including Applicants who are eligible under Rural Economic public-private business partnership efforts. Development Initiatives (REDI)-Rural Area of Critical 3) Projects that will improve the training and operations Economic Concern may be entitled for a waiver or reduction of capabilities of agencies assigned lead or support financial match requirements. Applicants will need to provide responsibilities in the Florida Comprehensive Emergency the most current memorandum from the Executive Office of Management Plan. The Governor, Office of Tourism Trade and Economic 4) Other projects that will further state and local emergency Development that confirms their eligibility when submitting management objectives designated as priorities in the their application. This waiver will be considered by the Review applicable Notice of Funding Availability. NOTE: Committee when determining match score. PRIORITY POINTS ARE AVAILABLE FOR In conjunction with this offering, in lieu of workshops, a APPLICATIONS SUBMITTED UNDER THIS tutorial PowerPoint presentation will be on our website, CATEGORY ONLY. www.floridadisaster.org/cps/grants.htm. This tutorial will Priority Area: provide more detailed information about the State’s priority issues, a review of the application format, a review of the Rule Projects that will promote solutions for removing barriers Chapter 9G-19, F.A.C., and other important information to emergency preparedness. These may include, but are relevant to the programs. not limited to, projects which address community preparedness, such as Community Emergency Response TO DOWNLOAD THE RULE, APPLICATION PACKET Teams (CERTs) and county/local Emergency Operations AND ARC 4496 EVALUATION QUESTIONNAIRE, Centers/Emergency Management Incident Management PLEASE VISIT OUR WEBSITE AT www.floridadisaster.org/ Teams (IMTs); public information and education building cps/grants.htm. on the theme of “Get a Plan”; special needs populations to

Section XII - Miscellaneous 5825 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

EMERGENCY MANAGEMENT PREFORMANCE GRANT TO DOWNLOAD THE APPLICATION AND ARC 4496 SUPPLEMENTAL AWARD – COMPETITIVE GRANT EVALUATION QUESTIONNAIRE, PLEASE VISIT OUR The Division of Emergency Management gives notice of WEBSITE AT: www.floridadisaster.org/cps/grants.htm. its intent to open an application cycle for competitive awards with funds from the Emergency Management Performance DCA Order No. DCA07-OR-273 Grant (EMPG) Supplemental award. The application cycle STATE OF FLORIDA officially opens December 7, 2007 with an application DEPARTMENT OF COMMUNITY AFFAIRS submission deadline of February 7, 2008. Funds provided will In re:A LAND DEVELOPMENT REGULATION be available to award recipients no earlier than July 1, 2008. ADOPTED These competitive funds will be provided to municipalities BY ISLAMORADA, VILLAGE OF ISLANDS with a population of 100,000 or less, are legally constituted, ORDINANCE NO. 07-23 have an authorized, established, and maintained emergency ______/ management program, as well as a signed current Statewide Mutual Aid Agreement (SMAA). Each Municipal Emergency FINAL ORDER Management Program may apply for one competitive grant The Department of Community Affairs (the under this program, not to exceed $50,000. The Division “Department”) hereby issues its Final Order, pursuant to encourages all interested and eligible parties with projects that §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2006), will enhance emergency management capabilities within the approving a land development regulation adopted by a local State of Florida to apply for funds during this open period. government within the Florida Keys Area of Critical State Projects that will promote solutions for removing barriers Concern as set forth below. to emergency preparedness will receive additional points. FINDINGS OF FACT These priorities include, but are not limited to, projects which 1. The Florida Keys Area is a statutorily designated area of address community preparedness, such as Community critical state concern, and Islamorada, Village of Islands is Emergency Response Teams (CERTs) and local Emergency a local government within the Florida Keys Area. Operations Centers/Emergency Management Incident 2. On October 1, 2007, the Department received for review Management Teams (IMTs); public information and education Islamorada, Village of Islands Ordinance No. 07-23 (“Ord. building on the theme of “Get a Plan”; special needs No. 07-23”) adopted by the Village on September 27, populations to include low income, the frail, the elderly, the 2007. disabled and language barriers; the care and sheltering of 3. The purpose of the Ordinance is to amend Chapter 30 people with their pets; and/or transportation issues. Land Development Regulations, Article 4 Administrative All critical facility projects, at a minimum, whether Procedures, by creating Division 16 Affordable Housing mitigation, retrofit, renovations or new construction, must to implement the findings of the Village’s Workforce conform to the hurricane vulnerability guidelines established in Housing Study by providing affordable housing standards. the American Red Cross’ publication “Standards for Hurricane The purpose of the proposed standards is to provide an Evacuation Shelter Selection” (ARC 4496, January 2002). To affordable supply of housing for 30% of the generated assist in the determination of a facility’s compliance with these local workforce and their families. guidelines, an ARC 4496 Evaluation Questionnaire will be CONCLUSIONS OF LAW made available. If these standards cannot be met until the 4. The Department is required to approve or reject land project is complete, the evaluation will need to reflect what development regulations or portions thereof that are measures will be used to reach a compliance status. THE enacted, amended, or rescinded by any local government EVALUATION QUESTIONNAIRE MUST BE in the Florida Keys Area of Critical State Concern. COMPLETED AND SUBMITTED WITH THE §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. APPLICATION. Critical facilities include, but are not limited (2006). to, hurricane shelters, Emergency Operations Centers, 5. Islamorada, Village of Islands is a local government structures for fire stations, rescue operations of law within the Florida Keys Area of Critical State Concern. enforcement facilities, hospitals and public works facilities, § 380.0552, Fla. Stat. (2006), and Rule 28-29.002 etc. Other more stringent codes and standards may apply to (superseding Chapter 27F-8), Fla. Admin. Code. new construction or substantial renovation/retrofit projects.

5826 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

6. “Land development regulations” include local zoning, IF YOUR PETITION FOR HEARING DOES NOT subdivision, building, and other regulations controlling the ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT development of land. § 380.031(8), Fla. Stat. (2006). The CONTAINED IN THE DEPARTMENT’S ACTION, THEN regulations adopted by Ord. 07-23 are land development THE ADMINISTRATIVE PROCEEDING WILL BE AN regulations. INFORMAL ONE, CONDUCTED PURSUANT TO 7. All land development regulations enacted, amended or SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, rescinded within an area of critical state concern must be AND CHAPTER 28-106, PARTS I AND III, FLORIDA consistent with the Principles for Guiding Development ADMINISTRATIVE CODE. IN AN INFORMAL (the “Principles”) as set forth in § 380.0552(7), Fla. Stat. ADMINISTRATIVE PROCEEDING, YOU MAY BE (2006). See Rathkamp v. Department of Community REPRESENTED BY COUNSEL OR BY A QUALIFIED Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN 1209 (Fla. 3d DCA 1999). The Principles are construed as OR ORAL EVIDENCE IN OPPOSITION TO THE a whole and no specific provision is construed or applied DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR in isolation from the other provisions. YOU MAY EXERCISE THE OPTION TO PRESENT A 8. Ord. 07-23 promotes and furthers the following Principles: WRITTEN STATEMENT CHALLENGING THE GROUNDS (a) To strengthen local government capabilities for UPON WHICH THE DEPARTMENT HAS CHOSEN TO managing land use and development so that local JUSTIFY ITS ACTION OR INACTION. government is able to achieve these objectives without the IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT continuation of the area of critical state concern STATED IN THE AGENCY ACTION, THEN YOU MAY designation. FILE A PETITION REQUESTING A FORMAL (j) To make available affordable housing for all sectors of ADMINISTRATIVE HEARING BEFORE AN the population of the Florida Keys. ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF 9. Ord. 07-23 is not inconsistent with the remaining ADMINISTRATIVE HEARINGS, PURSUANT TO Principles. Ord. 07-23 is consistent with the Principles for SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, Guiding Development as a whole. AND CHAPTER 28-106, PARTS I AND II, FLORIDA WHEREFORE, IT IS ORDERED that Ord. 07-23 is found ADMINISTRATIVE CODE. AT A FORMAL to be consistent with the Principles for Guiding Development ADMINISTRATIVE HEARING, YOU MAY BE of the Florida Keys Area of Critical State Concern, and is REPRESENTED BY COUNSEL OR OTHER QUALIFIED hereby APPROVED. REPRESENTATIVE, AND This Order becomes effective 21 days after publication in YOU WILL HAVE THE OPPORTUNITY TO PRESENT the Florida Administrative Weekly unless a petition is filed as EVIDENCE AND ARGUMENT ON ALL THE ISSUES described below. INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT DONE AND ORDERED in Tallahassee, Florida. PROPOSED FINDINGS OF FACT AND ORDERS, AND TO NOTICE OF ADMINISTRATIVE RIGHTS FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. ANY PERSON WHOSE SUBSTANTIAL INTERESTS IF YOU DESIRE EITHER AN INFORMAL ARE AFFECTED BY THIS ORDER HAS THE PROCEEDING OR A FORMAL HEARING, YOU MUST OPPORTUNITY FOR AN ADMINISTRATIVE FILE WITH THE AGENCY CLERK OF THE PROCEEDING PURSUANT TO SECTION 120.569, DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN FLORIDA STATUTES, REGARDING THE AGENCY’S PLEADING ENTITLED, “PETITION FOR ACTION. DEPENDING UPON WHETHER YOU ALLEGE ADMINISTRATIVE PROCEEDINGS” WITHIN 21 ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. PETITION REQUESTING AN ADMINISTRATIVE A PETITION IS FILED WHEN IT IS RECEIVED BY THE PROCEEDING, YOU ARE ENTITLED TO EITHER AN AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF INFORMAL PROCEEDING OR A FORMAL HEARING. GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.

Section XII - Miscellaneous 5827 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

THE PETITION MUST MEET THE FILING Weiss Serota Helfman Pastoriza REQUIREMENTS IN SUBSECTION 28-106.104(2), Guedes Cole & Boniske, P.A. FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL 3107 Stirling Drive, Suite 300 PROCEEDING IS REQUESTED, THEN THE PETITION Fort Lauderdale, FL 33312-8500 SHALL BE SUBMITTED IN ACCORDANCE WITH RULE By Hand Delivery or Interagency Mail: 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A Clark Turner, ACSC Administrator FORMAL HEARING IS REQUESTED, THEN THE Richard E. Shine, Assistant General Counsel PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH SUBSECTION 28-106.201(2), FLORIDA ADMINISTRATIVE CODE. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR A PERSON WHO HAS FILED A PETITION MAY VEHICLES REQUEST MEDIATION. A REQUEST FOR MEDIATION Notice of Publication for a New Point MUST INCLUDE THE INFORMATION REQUIRED BY Franchise Motor Vehicle Dealer in a County of More RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. than 300,000 Population CHOOSING MEDIATION DOES NOT AFFECT THE Pursuant to Section 320.642, Florida Statutes, notice is RIGHT TO AN ADMINISTRATIVE HEARING. given that Hyosung Motors America, Inc., intends to allow the YOU WAIVE THE RIGHT TO AN INFORMAL establishment of Andrew J. Biggar d/b/a Orange City Cycle, as ADMINISTRATIVE PROCEEDING OR A FORMAL a dealership for the sale of Hyosung (HYOS) motorcycles at HEARING IF YOU DO NOT FILE A PETITION WITH THE 2305 South Volusia Avenue, Orange City (Volusia County), AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION Florida 32763, on or after November 15, 2007. OF THIS FINAL ORDER. The name and address of the dealer operator(s) and /s/______principal investor(s) of Andrew J. Biggar d/b/a Orange City CHARLES GAUTHIER, AICP Cycle are dealer operator(s): Andrew James Biggar, 2211 Director, Division of Community Planning Gamewell Court, Deltona, Florida 32725; principal investor(s): Department of Community Affairs Andrew James Biggar, 2211 Gamewell Court, Deltona, Florida 2555 Shumard Oak Boulevard 32725. Tallahassee, Florida 32399-2100 The notice indicates intent to establish the new point CERTIFICATE OF FILING AND SERVICE location in a county of more than 300,000 population, I HEREBY CERTIFY that the original of the foregoing according to the latest population estimates of the University of Final Order has been filed with the undersigned Agency Clerk Florida, Bureau of Economic and Business Research. of the Department of Community Affairs, and that true and Certain dealerships of the same line-make may have correct copies have been furnished to the persons listed below standing, pursuant to Section 320.642, Florida Statutes, to file by the method indicated this 28th day of November, 2007. a petition or complaint protesting the application. /s/______Written petitions or complaints must be received by the Paula Ford, Agency Clerk Department of Highway Safety and Motor Vehicles within 30 By U.S. Mail: days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Administrator, Dealer License Honorable Dave Boerner, Mayor Section, Department of Highway Safety and Motor Vehicles, Islamorada, Village of Islands Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Post Office Box 568 Parkway, Tallahassee, Florida 32399-0635. Islamorada, FL 33036 A copy of such petition or complaint must also be sent by Beverly Raddatz, Village Clerk U.S. Mail to: Simon Kim, President, Hyosung Motors Islamorada, Village of Islands America, Inc., 5815 Brook Hollow Parkway, Suite B, Post Office Box 568 Norcross, Georgia 30071. Islamorada, FL 33036 If no petitions or complaints are received within 30 days Nina Boniske, Esq. of the date of publication, a final order will be issued by the James White, Esq. Department of Highway Safety and Motor Vehicles approving

5828 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 the establishment of the dealership, subject to the applicant’s Notice of Publication for a New Point compliance with the provisions of Chapter 320, Florida Franchise Motor Vehicle Dealer in a County of More Statutes. than 300,000 Population Pursuant to Section 320.642, Florida Statutes, notice is Notice of Publication for a New Point given that Vento North America, LLC, intends to allow the Franchise Motor Vehicle Dealer in a County of More establishment of Dixie Motor Sales, Inc., as a dealership for than 300,000 Population the sale of Jialing (JIAL) motorcycles at 600 Southeast 5 Pursuant to Section 320.642, Florida Statutes, notice is Avenue, Delray Beach (Palm Beach County), Florida 33483, given that ZENN Motor Company, intends to allow the on or after December 15, 2007. establishment of Custom Carriages, Inc. d/b/a Golf and The name and address of the dealer operator(s) and Electric Vehicles, as a dealership for the sale of ZENN principal investor(s) of Dixie Motor Sales, Inc. are dealer Neighborhood electric vehicles (ZENN) at 18754 East operator(s): Steve Cacasini, 600 Southeast 5 Avenue, Delray Colonial Drive, Orlando (Orange County), Florida 32820, on Beach, Florida 33483; principal investor(s): Steve Cacasini, or after November 6, 2007. 600 Southeast 5 Avenue, Delray Beach, Florida 33483. The name and address of the dealer operator(s) and The notice indicates intent to establish the new point principal investor(s) of Custom Carriages, Inc. d/b/a Golf and location in a county of more than 300,000 population, Electric Vehicles are dealer operator(s): Robert Brownell, according to the latest population estimates of the University of 18754 East Colonial Drive, Orlando, Florida 32820; principal Florida, Bureau of Economic and Business Research. investor(s): Robert Brownell, 18754 East Colonial Drive, Certain dealerships of the same line-make may have Orlando, Florida 32820. standing, pursuant to Section 320.642, Florida Statutes, to file The notice indicates intent to establish the new point a petition or complaint protesting the application. location in a county of more than 300,000 population, Written petitions or complaints must be received by the according to the latest population estimates of the University of Department of Highway Safety and Motor Vehicles within 30 Florida, Bureau of Economic and Business Research. days of the date of publication of this notice and must be Certain dealerships of the same line-make may have submitted to: Nalini Vinayak, Administrator, Dealer License standing, pursuant to Section 320.642, Florida Statutes, to file Section, Department of Highway Safety and Motor Vehicles, a petition or complaint protesting the application. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Written petitions or complaints must be received by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles within 30 A copy of such petition or complaint must also be sent by days of the date of publication of this notice and must be U.S. Mail to: Alma Gonzalez, Vento North America, 6190 submitted to: Nalini Vinayak, Administrator, Dealer License Cornerstone Court E, Suite #200, San Diego, California 92121. Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by the establishment of the dealership, subject to the applicant’s U.S. Mail to: Mike Richard, ZENN Motor Company, 85 compliance with the provisions of Chapter 320, Florida Scarsdale Road, Suite 100, Toronto, Ontario, Canada Statutes. M3B2R2. If no petitions or complaints are received within 30 days Notice of Publication for a New Point of the date of publication, a final order will be issued by the Franchise Motor Vehicle Dealer in a County of More Department of Highway Safety and Motor Vehicles approving than 300,000 Population the establishment of the dealership, subject to the applicant’s Pursuant to Section 320.642, Florida Statutes, notice is compliance with the provisions of Chapter 320, Florida given that Vento North America, LLC, intends to allow the Statutes. establishment of Dixie Motor Sales, Inc., as a dealership for the sale of motorcycles manufactured by Qianjiang Motorcycles Group Corp. (QINJ) at 600 Southeast 5 Avenue, Delray Beach (Palm Beach County), Florida 33483, on or after December 15, 2007.

Section XII - Miscellaneous 5829 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Dixie Motor Sales, Inc. are dealer standing, pursuant to Section 320.642, Florida Statutes, as operator(s): Steve Cacasini, 600 Southeast 5 Avenue, Delray amended by Chapter 88-395, Laws of Florida, to file a petition Beach, Florida 33483; principal investor(s): Steve Cacasini, or complaint protesting the application. 600 Southeast 5 Avenue, Delray Beach, Florida 33483. Written petitions or complaints must be received by the The notice indicates intent to establish the new point Department of Highway Safety and Motor Vehicles within 30 location in a county of more than 300,000 population, days of the date of publication of this notice and must be according to the latest population estimates of the University of submitted to: Nalini Vinayak, Administrator, Dealer License Florida, Bureau of Economic and Business Research. Section, Department of Highway Safety and Motor Vehicles, Certain dealerships of the same line-make may have Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee standing, pursuant to Section 320.642, Florida Statutes, to file Parkway, Tallahassee, Florida 32399-0635. a petition or complaint protesting the application. A copy of such petition or complaint must also be sent by Written petitions or complaints must be received by the U.S. Mail to: Alma Gonzalez, Vento North America, 6190 Department of Highway Safety and Motor Vehicles within 30 Cornerstone Court E, Suite #200, San Diego, California 92121. days of the date of publication of this notice and must be If no petitions or complaints are received within 30 days submitted to: Nalini Vinayak, Administrator, Dealer License of the date of publication, a final order will be issued by the Section, Department of Highway Safety and Motor Vehicles, Department of Highway Safety and Motor Vehicles approving Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee the establishment of the dealership, subject to the applicant’s Parkway, Tallahassee, Florida 32399-0635. compliance with the provisions of Chapter 320, Florida A copy of such petition or complaint must also be sent by Statutes. U.S. Mail to: Alma Gonzalez, Vento North America, 6190 Cornerstone Court E, Suite #200, San Diego, California 92121. Notice of Publication for a New Point If no petitions or complaints are received within 30 days Franchise Motor Vehicle Dealer in a County of Less of the date of publication, a final order will be issued by the than 300,000 Population Department of Highway Safety and Motor Vehicles approving Pursuant to Section 320.642, Florida Statutes, notice is the establishment of the dealership, subject to the applicant’s given that Vento North America, LLC, intends to allow the compliance with the provisions of Chapter 320, Florida establishment of Fast Trixx Powersports, Inc., as a dealership Statutes. for the sale of motorcycles manufactured by Qianjiang Motorcycles Group Corp. (QINJ) at 2386 Allen Road, Notice of Publication for a New Point Tallahassee (Leon County), Florida 32312, on or after Franchise Motor Vehicle Dealer in a County of Less December 15, 2007. than 300,000 Population The name and address of the dealer operator(s) and Pursuant to Section 320.642, Florida Statutes, notice is principal investor(s) of Fast Trixx Powersports, Inc. are dealer given that Vento North America, LLC, intends to allow the operator(s): Daniel Maddox, 2386 Allen Road, Tallahassee, establishment of Fast Trixx Powersports, Inc., as a dealership Florida 32312; principal investor(s): Daniel Maddox, 2386 for the sale of Jialing (JIAL) motorcycles at 2386 Allen Road, Allen Road, Tallahassee, Florida 32312. Tallahassee (Leon County), Florida 32312, on or after The notice indicates intent to establish the new point December 15, 2007. location in a county of less than 300,000 population, according The name and address of the dealer operator(s) and to the latest population estimates of the University of Florida, principal investor(s) of Fast Trixx Powersports, Inc. are dealer Bureau of Economic and Business Research. operator(s): Daniel Maddox, 2386 Allen Road, Tallahassee, Certain dealerships of the same line-make may have Florida 32312; principal investor(s): Daniel Maddox, 2386 standing, pursuant to Section 320.642, Florida Statutes, as Allen Road, Tallahassee, Florida 32312. amended by Chapter 88-395, Laws of Florida, to file a petition The notice indicates intent to establish the new point or complaint protesting the application. location in a county of less than 300,000 population, according Written petitions or complaints must be received by the to the latest population estimates of the University of Florida, Department of Highway Safety and Motor Vehicles within 30 Bureau of Economic and Business Research. days of the date of publication of this notice and must be

5830 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 submitted to: Nalini Vinayak, Administrator, Dealer License If no petitions or complaints are received within 30 days Section, Department of Highway Safety and Motor Vehicles, of the date of publication, a final order will be issued by the Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Department of Highway Safety and Motor Vehicles approving Parkway, Tallahassee, Florida 32399-0635. the establishment of the dealership, subject to the applicant’s A copy of such petition or complaint must also be sent by compliance with the provisions of Chapter 320, Florida U.S. Mail to: Alma Gonzalez, Vento North America, 6190 Statutes. Cornerstone Court E, Suite #200, San Diego, California 92121. If no petitions or complaints are received within 30 days Notice of Publication for a New Point of the date of publication, a final order will be issued by the Franchise Motor Vehicle Dealer in a County of More Department of Highway Safety and Motor Vehicles approving than 300,000 Population the establishment of the dealership, subject to the applicant’s Pursuant to Section 320.642, Florida Statutes, notice is compliance with the provisions of Chapter 320, Florida given that Vento North America, LLC, intends to allow the Statutes. establishment of Morland Marine International, Inc., as a dealership for the sale of motorcycles manufactured by Notice of Publication for a New Point Qianjiang Motorcycles Group Corp. (QINJ) at 3907 14th Street Franchise Motor Vehicle Dealer in a County of More West, Bradenton (Manatee County), Florida 34205, on or after than 300,000 Population December 7, 2007. Pursuant to Section 320.642, Florida Statutes, notice is The name and address of the dealer operator(s) and given that Johnny Pag.Com, intends to allow the establishment principal investor(s) of Morland Marine International, Inc. are of Mega Power Sports Corp., as a dealership for the sale of dealer operator(s): Brian T. Quartermain, 3907 14th Street Johnny Pag (PAGS) motorcycles at 390 North Beach Street, West, Bradenton, Florida 34205; principal investor(s): Brian T. Daytona Beach (Volusia County), Florida 32114, on or after Quartermain, 3907 14th Street West, Bradenton, Florida November 1, 2007. 34205. The name and address of the dealer operator(s) and The notice indicates intent to establish the new point principal investor(s) of Mega Power Sports Corp. are dealer location in a county of more than 300,000 population, operator(s): David M. Levison, 390 North Beach Street, according to the latest population estimates of the University of Daytona Beach, Florida 32114; principal investor(s): David M. Florida, Bureau of Economic and Business Research. Levison, 390 North Beach Street, Daytona Beach, Florida Certain dealerships of the same line-make may have 32114. standing, pursuant to Section 320.642, Florida Statutes, to file The notice indicates intent to establish the new point a petition or complaint protesting the application. location in a county of more than 300,000 population, Written petitions or complaints must be received by the according to the latest population estimates of the University of Department of Highway Safety and Motor Vehicles within 30 Florida, Bureau of Economic and Business Research. days of the date of publication of this notice and must be Certain dealerships of the same line-make may have submitted to: Nalini Vinayak, Administrator, Dealer License standing, pursuant to Section 320.642, Florida Statutes, to file Section, Department of Highway Safety and Motor Vehicles, a petition or complaint protesting the application. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Written petitions or complaints must be received by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles within 30 A copy of such petition or complaint must also be sent by days of the date of publication of this notice and must be U.S. Mail to: Alma Gonzalez, Vento North America, 6190 submitted to: Nalini Vinayak, Administrator, Dealer License Cornerstone Court E, Suite #200, San Diego, California 92121. Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by the establishment of the dealership, subject to the applicant’s U.S. Mail to: JR Pag, President, Johnny Pag.Com, 11754 compliance with the provisions of Chapter 320, Florida Warm Springs Road, Riverside, California 92505. Statutes.

Section XII - Miscellaneous 5831 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of More principal investor(s) of Solano Cycle, Inc. are dealer than 300,000 Population operator(s): Martin Solano, 32 San Marco Avenue, St. Pursuant to Section 320.642, Florida Statutes, notice is Augustine, Florida 32084; principal investor(s): Martin given that Red Horse Motor Works, LLC, intends to allow the Solano, 32 San Marco Avenue, St. Augustine, Florida 32084. establishment of Razors Edge Performance, LLC, as a The notice indicates intent to establish the new point dealership for the sale of Red Horse motorcycles (REDH) at location in a county of less than 300,000 population, according 2600 North Federal Highway, Lighthouse Point (Broward to the latest population estimates of the University of Florida, County), Florida 33064, on or after November 15, 2007. Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Razors Edge Performance, LLC are standing, pursuant to Section 320.642, Florida Statutes, as dealer operator(s): Paul Riccio, 23086-2 Island View Drive, amended by Chapter 88-395, Laws of Florida, to file a petition Boca Raton, Florida 33433; principal investor(s): Paul Riccio, or complaint protesting the application. 23086-2 Island View Drive, Boca Raton, Florida 33433. Written petitions or complaints must be received by the The notice indicates intent to establish the new point Department of Highway Safety and Motor Vehicles within 30 location in a county of more than 300,000 population, days of the date of publication of this notice and must be according to the latest population estimates of the University of submitted to: Nalini Vinayak, Administrator, Dealer License Florida, Bureau of Economic and Business Research. Section, Department of Highway Safety and Motor Vehicles, Certain dealerships of the same line-make may have Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee standing, pursuant to Section 320.642, Florida Statutes, to file Parkway, Tallahassee, Florida 32399-0635. a petition or complaint protesting the application. A copy of such petition or complaint must also be sent by Written petitions or complaints must be received by the U.S. Mail to: Jim Kolbe, Genuine Scooters, LLC, 5400 North Department of Highway Safety and Motor Vehicles within 30 Damen Avenue, Chicago, Illinois 60625. days of the date of publication of this notice and must be If no petitions or complaints are received within 30 days submitted to: Nalini Vinayak, Administrator, Dealer License of the date of publication, a final order will be issued by the Section, Department of Highway Safety and Motor Vehicles, Department of Highway Safety and Motor Vehicles approving Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee the establishment of the dealership, subject to the applicant’s Parkway, Tallahassee, Florida 32399-0635. compliance with the provisions of Chapter 320, Florida A copy of such petition or complaint must also be sent by Statutes. U.S. Mail to: Geno Gargiulo, Red Horse Motor Works, LLC, 3318 Northeast 16th Place, Fort Lauderdale, Florida 33305. Notice of Publication for a New Point If no petitions or complaints are received within 30 days Franchise Motor Vehicle Dealer in a County of Less of the date of publication, a final order will be issued by the than 300,000 Population Department of Highway Safety and Motor Vehicles approving Pursuant to Section 320.642, Florida Statutes, notice is the establishment of the dealership, subject to the applicant’s given that SunL Group, Inc., intends to allow the establishment compliance with the provisions of Chapter 320, Florida of South Lake Power Sports, LLC, as a dealership for the sale Statutes. of motorcycles manufactured by Chuanl Motorcycle Manufacturing Co. Ltd. (CHUA) at 697 East Anderson Street, Notice of Publication for a New Point Groveland (Lake County), Florida 34711, on or after Franchise Motor Vehicle Dealer in a County of Less November 23, 2007. than 300,000 Population The name and address of the dealer operator(s) and Pursuant to Section 320.642, Florida Statutes, notice is principal investor(s) of South Lake Power Sports, LLC are given that Genuine Scooters, LLC, intends to allow the dealer operator(s): Jack King, 697 East Anderson Street, establishment of Solano Cycle, Inc., as a dealership for the sale Groveland, Florida 34711; principal investor(s): Jack King, of motorcycles manufactured by Motive Power Industry Ltd. 697 East Anderson Street, Groveland, Florida 34711. (MOTI) at 32 San Marco Avenue, St. Augustine (St. Johns The notice indicates intent to establish the new point County), Florida 32084, on or after November 16, 2007. location in a county of less than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

5832 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Certain dealerships of the same line-make may have Section, Department of Highway Safety and Motor Vehicles, standing, pursuant to Section 320.642, Florida Statutes, as Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee amended by Chapter 88-395, Laws of Florida, to file a petition Parkway, Tallahassee, Florida 32399-0635. or complaint protesting the application. A copy of such petition or complaint must also be sent by Written petitions or complaints must be received by the U.S. Mail to: Jeff Boudreaux, SunL Group, Inc., 8551 Esters Department of Highway Safety and Motor Vehicles within 30 Boulevard, Irving, Texas 75063. days of the date of publication of this notice and must be If no petitions or complaints are received within 30 days submitted to: Nalini Vinayak, Administrator, Dealer License of the date of publication, a final order will be issued by the Section, Department of Highway Safety and Motor Vehicles, Department of Highway Safety and Motor Vehicles approving Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee the establishment of the dealership, subject to the applicant’s Parkway, Tallahassee, Florida 32399-0635. compliance with the provisions of Chapter 320, Florida A copy of such petition or complaint must also be sent by Statutes. U.S. Mail to: Jeff Boudreaux, SunL Group, Inc., 8551 Esters Boulevard, Irving, Texas 75063. Notice of Publication for a New Point If no petitions or complaints are received within 30 days Franchise Motor Vehicle Dealer in a County of Less of the date of publication, a final order will be issued by the than 300,000 Population Department of Highway Safety and Motor Vehicles approving Pursuant to Section 320.642, Florida Statutes, notice is the establishment of the dealership, subject to the applicant’s given that SunL Group, Inc., intends to allow the establishment compliance with the provisions of Chapter 320, Florida of South Lake Power Sports, LLC, as a dealership for the sale Statutes. of motorcycles manufactured by Shanghai JMSTAR (JMST) at 697 East Anderson Street, Groveland (Lake County), Florida Notice of Publication for a New Point 34711, on or after November 23, 2007. Franchise Motor Vehicle Dealer in a County of Less The name and address of the dealer operator(s) and than 300,000 Population principal investor(s) of South Lake Power Sports, LLC are Pursuant to Section 320.642, Florida Statutes, notice is dealer operator(s): Jack King, 697 East Anderson Street, given that SunL Group, Inc., intends to allow the establishment Groveland, Florida 34711; principal investor(s): Jack King, of South Lake Power Sports, LLC, as a dealership for the sale 697 East Anderson Street, Groveland, Florida 34711. of motorcycles manufactured by Chongqing Lifan Industry The notice indicates intent to establish the new point Group (CHOL) at 697 East Anderson Street, Groveland (Lake location in a county of less than 300,000 population, according County), Florida 34711, on or after November 23, 2007. to the latest population estimates of the University of Florida, The name and address of the dealer operator(s) and Bureau of Economic and Business Research. principal investor(s) of South Lake Power Sports, LLC are Certain dealerships of the same line-make may have dealer operator(s): Jack King, 697 East Anderson Street, standing, pursuant to Section 320.642, Florida Statutes, as Groveland, Florida 34711; principal investor(s): Jack King, amended by Chapter 88-395, Laws of Florida, to file a petition 697 East Anderson Street, Groveland, Florida 34711. or complaint protesting the application. The notice indicates intent to establish the new point Written petitions or complaints must be received by the location in a county of less than 300,000 population, according Department of Highway Safety and Motor Vehicles within 30 to the latest population estimates of the University of Florida, days of the date of publication of this notice and must be Bureau of Economic and Business Research. submitted to: Nalini Vinayak, Administrator, Dealer License Certain dealerships of the same line-make may have Section, Department of Highway Safety and Motor Vehicles, standing, pursuant to Section 320.642, Florida Statutes, as Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee amended by Chapter 88-395, Laws of Florida, to file a petition Parkway, Tallahassee, Florida 32399-0635. or complaint protesting the application. A copy of such petition or complaint must also be sent by Written petitions or complaints must be received by the U.S. Mail to: Jeff Boudreaux, SunL Group, Inc., 8551 Esters Department of Highway Safety and Motor Vehicles within 30 Boulevard, Irving, Texas 75063. days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Administrator, Dealer License

Section XII - Miscellaneous 5833 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

If no petitions or complaints are received within 30 days Notice of Publication for a New Point of the date of publication, a final order will be issued by the Franchise Motor Vehicle Dealer in a County of Less Department of Highway Safety and Motor Vehicles approving than 300,000 Population the establishment of the dealership, subject to the applicant’s Pursuant to Section 320.642, Florida Statutes, notice is compliance with the provisions of Chapter 320, Florida given that SunL Group, Inc., intends to allow the establishment Statutes. of South Lake Power Sports, LLC, as a dealership for the sale of motorcycles manufactured by Qingqi Group, Inc. (QING) at Notice of Publication for a New Point 697 East Anderson Street, Groveland (Lake County), Florida Franchise Motor Vehicle Dealer in a County of Less 34711, on or after November 23, 2007. than 300,000 Population The name and address of the dealer operator(s) and Pursuant to Section 320.642, Florida Statutes, notice is principal investor(s) of South Lake Power Sports, LLC are given that SunL Group, Inc., intends to allow the establishment dealer operator(s): Jack King, 697 East Anderson Street, of South Lake Power Sports, LLC, as a dealership for the sale Groveland, Florida 34711; principal investor(s): Jack King, of motorcycles manufactured by Shanghai Meitian Motorcycle 697 East Anderson Street, Groveland, Florida 34711. Co. Ltd. (MEIT) at 697 East Anderson Street, Groveland (Lake The notice indicates intent to establish the new point County), Florida 34711, on or after November 23, 2007. location in a county of less than 300,000 population, according The name and address of the dealer operator(s) and to the latest population estimates of the University of Florida, principal investor(s) of South Lake Power Sports, LLC are Bureau of Economic and Business Research. dealer operator(s): Jack King, 697 East Anderson Street, Certain dealerships of the same line-make may have Groveland, Florida 34711; principal investor(s): Jack King, standing, pursuant to Section 320.642, Florida Statutes, as 697 East Anderson Street, Groveland, Florida 34711. amended by Chapter 88-395, Laws of Florida, to file a petition The notice indicates intent to establish the new point or complaint protesting the application. location in a county of less than 300,000 population, according Written petitions or complaints must be received by the to the latest population estimates of the University of Florida, Department of Highway Safety and Motor Vehicles within 30 Bureau of Economic and Business Research. days of the date of publication of this notice and must be Certain dealerships of the same line-make may have submitted to: Nalini Vinayak, Administrator, Dealer License standing, pursuant to Section 320.642, Florida Statutes, as Section, Department of Highway Safety and Motor Vehicles, amended by Chapter 88-395, Laws of Florida, to file a petition Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee or complaint protesting the application. Parkway, Tallahassee, Florida 32399-0635. Written petitions or complaints must be received by the A copy of such petition or complaint must also be sent by Department of Highway Safety and Motor Vehicles within 30 U.S. Mail to: Jeff Boudreaux, SunL Group, Inc., 8551 Esters days of the date of publication of this notice and must be Boulevard, Irving, Texas 75063. submitted to: Nalini Vinayak, Administrator, Dealer License If no petitions or complaints are received within 30 days Section, Department of Highway Safety and Motor Vehicles, of the date of publication, a final order will be issued by the Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Department of Highway Safety and Motor Vehicles approving Parkway, Tallahassee, Florida 32399-0635. the establishment of the dealership, subject to the applicant’s A copy of such petition or complaint must also be sent by compliance with the provisions of Chapter 320, Florida U.S. Mail to: Jeff Boudreaux, SunL Group, Inc., 8551 Esters Statutes. Boulevard, Irving, Texas 75063. If no petitions or complaints are received within 30 days Notice of Publication for a New Point of the date of publication, a final order will be issued by the Franchise Motor Vehicle Dealer in a County of More Department of Highway Safety and Motor Vehicles approving than 300,000 Population the establishment of the dealership, subject to the applicant’s Pursuant to Section 320.642, Florida Statutes, notice is compliance with the provisions of Chapter 320, Florida given that American Lifan Industry, Inc., intends to allow the Statutes. establishment of Topline Enterprises d/b/a R & R Unlimited, as

5834 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 a dealership for the sale of Chongqing Lifan (CHOL) The name and address of the dealer operator(s) and motorcycles at 15818 U.S. 19, Hudson (Pasco County), Florida principal investor(s) of USA Wholesale Scooters, Inc. are 34667, on or after November 20, 2007. dealer operator(s): Noel Farbman, 4720 North Federal The name and address of the dealer operator(s) and Highway, Fort Lauderdale, Florida 33308; principal principal investor(s) of Topline Enterprises, d/b/a R & R investor(s): Noel Farbman, 4720 North Federal Highway, Fort Unlimited are dealer operator(s): Robert Waters, 15818 U.S. Lauderdale, Florida 33308. 19, Hudson, Florida 34667; principal investor(s): Robert The notice indicates intent to establish the new point Waters, 15818 U.S. 19, Hudson, Florida 34667. location in a county of more than 300,000 population, The notice indicates intent to establish the new point according to the latest population estimates of the University of location in a county of more than 300,000 population, Florida, Bureau of Economic and Business Research. according to the latest population estimates of the University of Certain dealerships of the same line-make may have Florida, Bureau of Economic and Business Research. standing, pursuant to Section 320.642, Florida Statutes, to file Certain dealerships of the same line-make may have a petition or complaint protesting the application. standing, pursuant to Section 320.642, Florida Statutes, to file Written petitions or complaints must be received by the a petition or complaint protesting the application. Department of Highway Safety and Motor Vehicles within 30 Written petitions or complaints must be received by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles within 30 submitted to: Nalini Vinayak, Administrator, Dealer License days of the date of publication of this notice and must be Section, Department of Highway Safety and Motor Vehicles, submitted to: Nalini Vinayak, Administrator, Dealer License Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Section, Department of Highway Safety and Motor Vehicles, Parkway, Tallahassee, Florida 32399-0635. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee A copy of such petition or complaint must also be sent by Parkway, Tallahassee, Florida 32399-0635. U.S. Mail to: Yenong Xie, President, JMSTAR Powersports, A copy of such petition or complaint must also be sent by Inc., 400 Northwest 141 Avenue, #207, Pembroke Pines, U.S. Mail to: Peter Xie, General Manager, American Lifan Florida 33028. Industry, Inc., 10990 Petal Street, Suite 500, Dallas, Texas If no petitions or complaints are received within 30 days 75238. of the date of publication, a final order will be issued by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles approving of the date of publication, a final order will be issued by the the establishment of the dealership, subject to the applicant’s Department of Highway Safety and Motor Vehicles approving compliance with the provisions of Chapter 320, Florida the establishment of the dealership, subject to the applicant’s Statutes. compliance with the provisions of Chapter 320, Florida Statutes. Notice of Publication for a New Point Franchise Motor Vehicle Dealer in a County of Less Notice of Publication for a New Point than 300,000 Population Franchise Motor Vehicle Dealer in a County of More Pursuant to Section 320.642, Florida Statutes, notice is than 300,000 Population given that SunL Group, Inc., intends to allow the establishment Pursuant to Section 320.642, Florida Statutes, notice is of Wausau Motors, LLC, as a dealership for the sale of given that JMSTAR Powersports, Inc., intends to allow the motorcycles manufactured by Chuanl Motorcycle establishment of USA Wholesale Scooters, Inc., as a dealership Manufacturing Co. Ltd. (CHUA) at 2172 Pioneer Road, for the sale of Shanghai JMSTAR (JMST) motorcycles at 4720 Wausau (Washington County), Florida 32463, on or after North Federal Highway, Fort Lauderdale (Broward County), November 21, 2007. Florida 33308, on or after November 15, 2007.

Section XII - Miscellaneous 5835 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Wausau Motors, LLC are dealer standing, pursuant to Section 320.642, Florida Statutes, as operator(s): Richard Higbee, 2172 Pioneer Road, Wausau, amended by Chapter 88-395, Laws of Florida, to file a petition Florida 32463; principal investor(s): Richard Higbee, 2172 or complaint protesting the application. Pioneer Road, Wausau, Florida 32463. Written petitions or complaints must be received by the The notice indicates intent to establish the new point Department of Highway Safety and Motor Vehicles within 30 location in a county of less than 300,000 population, according days of the date of publication of this notice and must be to the latest population estimates of the University of Florida, submitted to: Nalini Vinayak, Administrator, Dealer License Bureau of Economic and Business Research. Section, Department of Highway Safety and Motor Vehicles, Certain dealerships of the same line-make may have Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee standing, pursuant to Section 320.642, Florida Statutes, as Parkway, Tallahassee, Florida 32399-0635. amended by Chapter 88-395, Laws of Florida, to file a petition A copy of such petition or complaint must also be sent by or complaint protesting the application. U.S. Mail to: Mei Zhou, SunL Group, Inc., 8551 Esters Written petitions or complaints must be received by the Boulevard, Irving, Texas 75063. Department of Highway Safety and Motor Vehicles within 30 If no petitions or complaints are received within 30 days days of the date of publication of this notice and must be of the date of publication, a final order will be issued by the submitted to: Nalini Vinayak, Administrator, Dealer License Department of Highway Safety and Motor Vehicles approving Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Mei Zhou, SunL Group, Inc., 8551 Esters Notice of Publication for a New Point Boulevard, Irving, Texas 75063. Franchise Motor Vehicle Dealer in a County of Less If no petitions or complaints are received within 30 days than 300,000 Population of the date of publication, a final order will be issued by the Pursuant to Section 320.642, Florida Statutes, notice is Department of Highway Safety and Motor Vehicles approving given that SunL Group, Inc., intends to allow the establishment the establishment of the dealership, subject to the applicant’s of Wausau Motors, LLC, as a dealership for the sale of compliance with the provisions of Chapter 320, Florida motorcycles manufactured by Shanghai JMSTAR (JMST) at Statutes. 2172 Pioneer Road, Wausau (Washington County), Florida 32463, on or after November 21, 2007. Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of Less principal investor(s) of Wausau Motors, LLC are dealer than 300,000 Population operator(s): Richard Higbee, 2172 Pioneer Road, Wausau, Pursuant to Section 320.642, Florida Statutes, notice is Florida 32463; principal investor(s): Richard Higbee, 2172 given that SunL Group, Inc., intends to allow the establishment Pioneer Road, Wausau, Florida 32463. of Wausau Motors, LLC, as a dealership for the sale of The notice indicates intent to establish the new point motorcycles manufactured by Chongqing Lifan Industry location in a county of less than 300,000 population, according Group (CHOL) at 2172 Pioneer Road, Wausau (Washington to the latest population estimates of the University of Florida, County), Florida 32463, on or after November 21, 2007. Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Wausau Motors, LLC are dealer standing, pursuant to Section 320.642, Florida Statutes, as operator(s): Richard Higbee, 2172 Pioneer Road, Wausau, amended by Chapter 88-395, Laws of Florida, to file a petition Florida 32463; principal investor(s): Richard Higbee, 2172 or complaint protesting the application. Pioneer Road, Wausau, Florida 32463. Written petitions or complaints must be received by the The notice indicates intent to establish the new point Department of Highway Safety and Motor Vehicles within 30 location in a county of less than 300,000 population, according days of the date of publication of this notice and must be to the latest population estimates of the University of Florida, submitted to: Nalini Vinayak, Administrator, Dealer License Bureau of Economic and Business Research.

5836 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by the establishment of the dealership, subject to the applicant’s U.S. Mail to: Mei Zhou, SunL Group, Inc., 8551 Esters compliance with the provisions of Chapter 320, Florida Boulevard, Irving, Texas 75063. Statutes. If no petitions or complaints are received within 30 days of the date of publication, a final order will be issued by the Notice of Publication for a New Point Department of Highway Safety and Motor Vehicles approving Franchise Motor Vehicle Dealer in a County of Less the establishment of the dealership, subject to the applicant’s than 300,000 Population compliance with the provisions of Chapter 320, Florida Pursuant to Section 320.642, Florida Statutes, notice is Statutes. given that SunL Group, Inc., intends to allow the establishment of Wausau Motors, LLC, as a dealership for the sale of Notice of Publication for a New Point motorcycles manufactured by Qingqi Group, Inc. (QING) at Franchise Motor Vehicle Dealer in a County of Less 2172 Pioneer Road, Wausau (Washington County), Florida than 300,000 Population 32463, on or after November 21, 2007. Pursuant to Section 320.642, Florida Statutes, notice is The name and address of the dealer operator(s) and given that SunL Group, Inc., intends to allow the establishment principal investor(s) of Wausau Motors, LLC are dealer of Wausau Motors, LLC, as a dealership for the sale of operator(s): Richard Higbee, 2172 Pioneer Road, Wausau, motorcycles manufactured by Shanghai Meitian Motorcycle Florida 32463; principal investor(s): Richard Higbee, 2172 Co. Ltd. (MEIT) at 2172 Pioneer Road, Wausau (Washington Pioneer Road, Wausau, Florida 32463. County), Florida 32463, on or after November 21, 2007. The notice indicates intent to establish the new point The name and address of the dealer operator(s) and location in a county of less than 300,000 population, according principal investor(s) of Wausau Motors, LLC are dealer to the latest population estimates of the University of Florida, operator(s): Richard Higbee, 2172 Pioneer Road, Wausau, Bureau of Economic and Business Research. Florida 32463; principal investor(s): Richard Higbee, 2172 Certain dealerships of the same line-make may have Pioneer Road, Wausau, Florida 32463. standing, pursuant to Section 320.642, Florida Statutes, as The notice indicates intent to establish the new point amended by Chapter 88-395, Laws of Florida, to file a petition location in a county of less than 300,000 population, according or complaint protesting the application. to the latest population estimates of the University of Florida, Written petitions or complaints must be received by the Bureau of Economic and Business Research. Department of Highway Safety and Motor Vehicles within 30 Certain dealerships of the same line-make may have days of the date of publication of this notice and must be standing, pursuant to Section 320.642, Florida Statutes, as submitted to: Nalini Vinayak, Administrator, Dealer License amended by Chapter 88-395, Laws of Florida, to file a petition Section, Department of Highway Safety and Motor Vehicles, or complaint protesting the application. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Written petitions or complaints must be received by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles within 30 A copy of such petition or complaint must also be sent by days of the date of publication of this notice and must be U.S. Mail to: Mei Zhou, SunL Group, Inc., 8551 Esters submitted to: Nalini Vinayak, Administrator, Dealer License Boulevard, Irving, Texas 75063. Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by U.S. Mail to: Mei Zhou, SunL Group, Inc., 8551 Esters Boulevard, Irving, Texas 75063.

Section XII - Miscellaneous 5837 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007 the establishment of the dealership, subject to the applicant’s CON # 10004 Application Receipt Date: 11/21/2007 compliance with the provisions of Chapter 320, Florida Facility/Project: North Central Florida Hospice, Inc. Statutes. Applicant: North Central Florida Hospice, Inc. Project Description: Establish a hospice program BOARD OF TRUSTEES OF THE INTERNAL County: Lee District: 8 IMPROVEMENT TRUST FUND CON # 10005 Application Receipt Date: 11/19/2007 Notices for the Board of Trustees of the Internal Improvement Facility/Project: Hope Hospice and Community Services, Inc. Trust Fund between December 28, 2001 and June 30, 2006, go Applicant: Hope Hospice and Community Services, Inc. to http://www.dep.state.fl.us/ under the link or button titled Project Description: Establish a freestanding inpatient hospice “Official Notices.” facility of up to 16 beds County: Palm Beach District: 9 AGENCY FOR HEALTH CARE ADMINISTRATION CON # 10006 Application Receipt Date: 11/20/2007 NOTICE OF BATCHED APPLICATION RECEIPT Facility/Project: Chatsworth at Wellington Green Applicant: Chatsworth at Wellington Green, LLC. AND Project Description: Establish a community nursing home of NOTICE OF TENTATIVE PUBLIC HEARINGS up to 120 beds through the delicensure of 68 beds at Liberty The Agency for Health Care Administration has received Inn and 52 beds at Mission Palms Nursing & Rehabilitation and accepted the following Certificate of Need applications for Center review in the batched Other Beds and Programs review cycle with an application due date of November 21, 2007. County: Palm Beach District: 9 County: Volusia District: 4 CON # 10007 Application Receipt Date: 11/20/2007 CON # 9999 Application Receipt Date: 11/19/2007 Facility/Project: M.T. Health Center, LLC. Facility/Project: Adventa Hospice Services of Florida, Inc. Applicant: M.T. Health Center, LLC. Applicant: Adventa Hospice Services of Florida, Inc. Project Description: Establish a community nursing home of up to 99 beds through the delicensure of 99 beds at Mission Project Description: Establish a hospice program Palms Nursing & Rehabilitation Center County: Volusia District: 4 County: Miami-Dade District: 11 CON # 10000 Application Receipt Date: 11/20/2007 CON # 10008 Application Receipt Date: 11/21/2007 Facility/Project: Compassionate Care Hospice Facility/Project: St. Catherine’s West Applicant: Compassionate Care Hospice of Florida, Inc. Applicant: Villa Maria Nursing and Rehabilitation Center, Inc. Project Description: Establish a hospice program Project Description: Establish a 20-bed community nursing County: Volusia District: 4 home through the delicensure of 20 beds at St. Anne's Nursing CON # 10001 Application Receipt Date: 11/20/2007 Center Facility/Project: Crown Hospice, Inc. IF REQUESTED, within 14 days after notice that an Applicant: Crown Hospice, Inc. application has been filed, a public hearing may be held at the Project Description: Establish a hospice program local level within 21 days after December 26, 2007, the date County: Volusia District: 4 the application is scheduled to be deemed complete. CON # 10002 Application Receipt Date: 11/21/2007 IF REQUESTED, a tentative public hearing has been Facility/Project: HCR Manor Care Services of Florida, Inc. scheduled as follows: Applicant: HCR Manor Care Services of Florida, Inc. PROPOSALS: District 4 Project Description: Establish a hospice program DATE/TIME: Tuesday, January 8, 2008, 9:00 a.m. (until County: Volusia District: 4 12:00 Noon) CON # 10003 Application Receipt Date: 11/19/2007 PLACE: Health Planning Council of Northeast Florida, Facility/Project: Regency Hospice of Northwest Florida, Inc. Inc. Applicant: Regency Hospice of Northwest Florida, Inc. 101 South Palmetto Avenue Project Description: Establish a hospice program Daytona Beach, FL 32114 County: Volusia District: 4

5838 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

PROPOSALS: District 8 DEPARTMENT OF ENVIRONMENTAL PROTECTION DATE/TIME: Monday, January 7, 2008, 9:00 a.m. (until Notices for the Department of Environmental Protection 12:00 Noon) between December 28, 2001 and June 30, 2006, go to PLACE: Health Planning Council of S.W. Florida, Inc. http://www.dep.state.fl.us/ under the link or button titled 8961 Daniels Center Drive, #401 “Official Notices.” Fort Myers, FL 33912 PROPOSALS: District 9 The Department of Environmental Protection announces the DATE/TIME: Friday, January 11, 2008, 9:00 a.m. (until receipt of the below listed applications for permit coverage 12:00 Noon) under the Generic Permit for Discharge of Stormwater from PLACE: Treasure Coast Health Council, Inc. Phase II Municipal Separate Storm Sewer Systems (MS4). The 600 Sand Tree Drive, Suite 101 applications are being processed and are available for public Palm Beach Gardens, FL 33403 inspection during normal business hours, 8:00 a.m. to 5:00 PROPOSALS: District 11 p.m., Monday through Friday, except legal holidays, at Science DATE/TIME: Wednesday, January 9, 2008, 9:00 a.m. (until Applications International Corporation (SAIC), 2343 Hansen 12:00 Noon) Lane, Tallahassee, Florida 32301, (850)523-1449. Any PLACE: Health Council of South Florida comments related to the noticed applications or objections to the use of the Generic Permit by any of the noticed applicants 8095 N. W. 12th Street, Suite 300 Conference must be received by the Department within 14 days from the Room date of this notice. Miami, FL 33126 Phase II MS4 applications received November 6-20, 2007 Public hearing requests must be in writing and be received West Melbourne – FLR04E028 at the Agency for Health Care Administration, CON Office, 2727 Mahan Drive, Mail Stop 28, Tallahassee, Florida 32308, Town of Indian Shores (first permit cycle no permit number attention James B. McLemore, by 5:00 p.m., December 21, issued) 2007. In lieu of requesting and attending a public hearing, Tyndall Air Force Base – FLR04E004 written comments submitted to the department relative to the Comments may be mailed to the following address: merits of these applications will become part of the official Steven Kelly project application file. Pursuant to subsection 59C-1.010(3), NPDES Stormwater Section F.A.C., written comments must be received by December 26, 2600 Blair Stone Road, MS #2500 2007. Tallahassee, Florida 32399-2400

Section XII - Miscellaneous 5839 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

NOTICE OF AVAILABILITY On November 26, 2007, Ana M. Viamonte Ros, M.D., M.P.H., FLORIDA FINDING OF NO SIGNIFICANT IMPACT State Surgeon General of the Department of Health, issued an The Florida Department of Environmental Protection has Order of Emergency Suspension with the regard to the license determined that the City of Lake Helen project to replace a of Stephanie Lynn Demonico, L.P.N., license number PN diesel engine in poor condition with a new generator for 5164551. This Emergency Suspension Order was predicated emergency power, and an upgrade to the controls associated upon the Secretary’s findings of an immediate and serious with operating the water system will not adversely affect the danger to the public health, safety and welfare pursuant to environment. The total cost of the project is estimated to be Sections 456.073(8), and 120.60(6), Florida Statutes. The $189,000. The project may qualify for a Drinking Water State Secretary determined that this summary procedure was fair Revolving Fund loan composed of federal funds and state under the circumstances, in that there was no other method funds. available to adequately protect the public. A full copy of the Florida Finding of No Significant Impact can be obtained by writing to: Paul Brandl, Department of On November 26, 2007, Ana M. Viamonte Ros, M.D., M.P.H., Environmental Protection, Bureau of Water Facilities Funding, State Surgeon General of the Department of Health, issued an 2600 Blair Stone Road, MS#3505, Tallahassee, Florida Order of Emergency Suspension with the regard to the license 32399-2400 or calling (850)245-8373. of Billie Jean Myers, L.P.N., license number PN 5146742. This Emergency Suspension Order was predicated upon the FLORIDA STATE CLEARINGHOUSE Secretary’s findings of an immediate and serious danger to the The state is coordinating reviews of federal activities and public health, safety and welfare pursuant to Sections federally funded projects as required by Section 403.061(40), 456.073(8), and 120.60(6), Florida Statutes. The Secretary F.S. A list of projects, comments deadlines and the address for determined that this summary procedure was fair under the providing comments are available at http://www.dep.state. circumstances, in that there was no other method available to fl.us/secretary/oip/state_clearing/. For information, call adequately protect the public. (850)245-2161. This public notice fulfills the requirements of 15 CFR 930. OCHLOCKONEE RIVER SOIL AND WATER CONSERVATION DISTRICT DEPARTMENT OF HEALTH Meeting Date Correction: The Ochlockonee River Soil and On November 16, 2007, Ana M. Viamonte Ros, M.D., M.P.H., Water Conservation District will discuss its intention to State Surgeon General of the Department of Health, issued an promulgate rules concerning the application of fertilizer Order of Emergency Suspension with the regard to the license containing phosphorus in Leon County. The discussion will of Danae Alvarez, R.C.A., license number RCA 3811 and LMT take place during the District’s regular meeting at the Leon 44208. This Emergency Suspension Order was predicated County Agricultural Extension Office, 615 Paul Russell Road, upon the Secretary’s findings of an immediate and serious Tallahassee, Florida at 4:00 p.m. on December 10th, 2007. All danger to the public health, safety and welfare pursuant to members of the public are encouraged to attend. The agenda Sections 456.073(8), and 120.60(6), Florida Statutes. The for the meeting will be available at least seven days prior to the Secretary determined that this summary procedure was fair meeting and can be obtained by contacting Blas Gomez, Chair, under the circumstances, in that there was no other method at (850)933-6268. available to adequately protect the public.

5840 Section XII - Miscellaneous Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Section XIII Rule No. File Date Effective Proposed Amended Index to Rules Filed During Preceding Week Date Vol./No. Vol./No. Florida Real Estate Appraisal Board RULES FILED BETWEEN November 19, 2007 61J1-3.004 11/21/07 12/11/07 33/42 and November 21, 2007 61J1-5.001 11/21/07 12/11/07 33/42

Rule No. File Date Effective Proposed Amended DEPARTMENT OF HEALTH Date Vol./No. Vol./No. Division of Medical Quality Assurance 64B-3.004 11/21/07 12/11/07 33/41 WATER MANAGEMENT DISTRICTS Suwannee River Water Management District FISH AND WILDLIFE CONSERVATION 40B-1.703 11/20/07 12/10/07 33/34 33/42 COMMISSION 40B-8.021 11/20/07 12/10/07 33/42 Marine Resources 40B-8.061 11/20/07 12/10/07 33/42 68E-1.002 11/19/07 12/9/07 33/6 33/41 68E-1.004 11/19/07 12/9/07 33/6 33/41 DEPARTMENT OF BUSINESS AND PROFESSIONAL 68E-1.0041 11/19/07 12/9/07 33/6 33/41 REGULATION 68E-1.005 11/19/07 12/9/07 33/6 33/41 Florida Building Code Administrators and Inspector 61G19-6.017 11/21/07 12/11/07 33/41

Board of Accountancy 61H1-33.0032 11/21/07 12/11/07 33/42

Section XIII - Index to Rules Filed During Preceding Week 5841 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Section XIV Rule No. Proposed Amended Adopted List of Rules Affected Vol./No. Vol./No. Vol./No. 5C-24.002 33/27 This “List of Rules Affected” is a cumulative list of all rules 5C-24.003 33/27 which have been proposed but not filed for adoption. 5C-27.001 33/27 Beginning with the February 2, 1996 issue, the list will be 5C-28.001 33/27 published monthly for the period covering the last eight weeks. 5E-1.023 33/31 5E-14.106 33/7 5E-14.117 33/7 w – Signifies Withdrawal of Proposed Rule(s) 5F-2.001 33/38 33/41w c – Rule Challenge Filed 5F-2.002 33/38 33/41w v – Rule Declared Valid 5F-2.003 33/38 33/41w x – Rule Declared Invalid 5F-2.005 33/38 33/41w 5F-2.014 33/38 33/41w d – Rule Challenge Dismissed 5F-2.016 33/38 33/41w dw – Dismissed Upon Withdrawal 5F-8.0011 33/21 33/31 33/39 5F-8.0012 33/21 33/31 33/39 Rule No. Proposed Amended Adopted 5F-8.003 33/21 33/31 33/39 Vol./No. Vol./No. Vol./No. 5F-14.001 33/33 5F-14.002 33/33 5F-14.003 33/33 STATE 5I-4.002 32/49 5I-4.006 32/49 1B-2.011 33/38 5J-14.003 33/40 1SER07-1 33/32 5J-14.004 33/40 1SER07-2 33/32 5K-4.020 33/33 33/44 1S-2.0011 33/34 33/41 5L-1.003 33/27 33/39 1S-2.009 33/34 33/41 5N-1.116 33/37 1S-2.0091 33/34 33/41 5N-1.140 33/37 33/43 1S-2.0095 33/34 33/41 1S-2.034 33/30 33/37 EDUCATION 1S-2.037 33/30 33/37 1S-2.040 33/30 33/37 6AER07-1 33/28 1S-2.042 32/8 33/40w 6A-1.09401 33/29 33/41 1S-2.045 33/34 33/42 6A-2.0010 33/11 33/41w 1T-1.001 33/26 33/37 6A-4.0012 33/37 6A-4.0251 32/3 32/5 LEGAL AFFAIRS 6A-6.014 33/29 33/37 6A-7.0100 33/37 2-40.005 33/44 6B-4.010 33/10 2B-1.002 33/43 6C7-3.001 Newspaper 33/44 BANKING AND FINANCE 6C7-3.0031 Newspaper 33/44 6C7-3.0032 Newspaper 33/44 3E-48.005 28/42 6C7-3.008 Newspaper 33/44 6C7-3.010 Newspaper 33/44 INSURANCE 6C7-3.011 Newspaper 33/44 6C7-3.0121 Newspaper 33/44 4-138.047 28/41 6C7-3.0122 Newspaper 33/44 4-154.525 29/16 29/25 6C7-3.0123 Newspaper 33/44 4-211.031 27/44 6C7-3.0124 Newspaper 33/44 4-228.055 26/35 6C7-3.0131 Newspaper 33/44 4A-62.001 29/44 29/46 6C7-3.0132 Newspaper 33/44 4A-62.002 29/44 29/46 6C7-3.0133 Newspaper 33/44 6C7-3.0134 Newspaper 33/44 AGRICULTURE AND CONSUMER SERVICES 6C7-3.014 Newspaper 33/44 5B-58.001 27/29 6C7-3.017 Newspaper 33/44 33/44 6C7-3.018 Newspaper 33/44 5C-24.001 33/27 6C7-3.019 Newspaper 33/44

Section XIV - List of Rules Affected 5843 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

6C7-3.0191 Newspaper 33/44 HEALTH AND REHABILITATIVE SERVICES 6C7-3.026 Newspaper 33/44 6C7-3.0261 Newspaper 33/44 10-11.002 33/32 6C7-3.0262 Newspaper 33/44 10-11.003 33/32 6C7-3.030 Newspaper 33/44 10-11.004 33/32 6C7-3.033 Newspaper 33/44 10-11.005 33/32 6C7-5.0021 Newspaper 33/44 10-11.006 33/32 6C7-5.003 Newspaper 33/44 10-11.007 33/32 6C7-5.0041 Newspaper 33/44 6C7-5.0042 Newspaper 33/44 REVENUE 6C7-5.00431 Newspaper 33/44 12-3.011 33/38 6C7-5.0044 Newspaper 33/44 12-26.008 32/52 33/12 6E-1.003 33/19 33/37w 33/15 6E-1.0032 33/19 33/37w 12AER07-8 33/30 6E-2.002 33/20 33/37w 12A-1.0011 33/41 6E-2.004 33/20 33/37w 12A-1.005 33/41 6E-2.0041 33/20 33/37w 12A-1.008 33/41 6L-1.001 28/12 12A-1.011 33/41 6L-1.002 28/12 12A-1.0115 33/41 6L-1.004 28/12 12A-1.0141 33/38 6L-1.005 28/12 12A-1.038 33/32 33/44 6L-1.006 28/12 12A-1.039 33/32 33/44 6L-1.007 28/12 12A-1.056 33/32 33/44 6L-1.008 28/12 12A-1.071 33/41 6L-1.009 28/12 12A-1.096 33/32 6L-1.010 28/12 12A-1.097 33/32 6L-1.011 28/12 33/38 6L-1.012 28/12 33/41 6L-1.013 28/12 12A-12.003 33/32 33/44 6M-7.0055 30/26 12A-16.004 33/33 33/44 COMMUNITY AFFAIRS 12A-16.008 33/38 12A-17.005 32/2 32/31 9BER07-1 33/33 12A-19.070 33/32 9B-3.047 33/30 33/38 12A-19.071 33/32 9B-3.0472 33/30 33/38 12A-19.100 33/32 33/44 9B-3.0475 33/30 33/32 9B-3.0477 33/30 33/41 33/42 9B-3.053 31/45 12B-4.003 33/38 9B-7.003 33/30 33/41 12B-5.150 33/38 9B-7.0042 33/22 12B-7.008 33/32 33/44 9B-50.003 33/29 33/38 12B-7.0225 33/38 9B-72.010 33/22 12B-7.026 33/32 33/44 9B-72.070 33/22 12B-7.030 33/32 33/44 9B-72.080 33/22 12B-7.031 33/32 33/44 9B-72.100 33/22 12B-8.0016 33/32 9B-72.130 33/22 12B-8.003 33/38 9B-74.010 33/30 33/41 12C-1.0221 33/41 9B-74.020 33/30 33/41 12C-1.051 33/38 9B-74.030 33/30 33/41 12C-2.001 33/42 9B-74.040 33/30 33/41 12C-2.002 33/42 9B-74.050 33/30 33/41 12C-2.003 33/42 9J-5 32/32c 12C-2.004 33/42 12C-2.005 33/42 12C-2.006 33/42 12C-2.0061 33/42

5844 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

12C-2.0062 33/42 14-63.001 33/39 12C-2.0063 33/42 14-63.0011 33/39 12C-2.007 33/42 14-63.002 33/39 12C-2.008 33/42 14-63.0021 33/39 12C-2.010 33/42 14-63.003 33/39 12C-2.0105 33/42 14-63.004 33/39 12C-2.011 33/42 14-63.005 33/39 12C-2.0115 33/42 14-63.0051 33/39 12C-2.012 33/42 14-63.006 33/39 12C-3.008 33/32 33/44 14-63.007 33/39 12DER07-5 33/27 14-63.008 33/39 12DER07-6 33/28 14-63.0091 33/39 12DER07-7 33/30 14-63.0101 33/39 12DER07-9 33/39 14-63.011 33/39 12DER07-10 33/44 14-88.001 33/39 12D-3.001 33/26 33/38 14-88.002 33/39 12D-3.003 33/26 33/39 14-88.003 33/39 12D-7.003 33/26 33/39 14-88.0041 33/39 12D-7.013 33/26 33/39 14-88.005 33/39 12D-8.0061 33/26 33/39 14-91.007 33/42 12D-8.0063 33/34 14-109.0011 33/38 12D-8.011 33/26 33/39 12D-13.031 33/26 33/39 HIGHWAY SAFETY AND MOTOR VEHICLES 12D-16.002 33/26 33/39 15C-7.005 33/8c TRANSPORTATION BOARD OF TRUSTEES OF THE INTERNAL 14-1 31/32c IMPROVEMENT TRUST FUND 32/2c 32/2c 18-1.001 33/29 14-1.0081 33/31 33/38 18-1.002 33/29 14-10.007 33/31 33/41 18-1.003 33/29 14-15.002 33/33 33/41 18-1.004 33/29 14-22.0011 33/42 18-1.005 33/29 14-22.002 33/42 18-1.006 33/29 14-22.006 33/42 18-1.007 33/29 14-22.009 33/42 18-1.008 33/29 14-22.012 33/42 18-1.009 33/29 14-22.0121 33/42 18-1.010 33/29 14-22.0141 33/42 18-1.011 33/29 14-22.015 33/42 18-1.012 33/29 14-25.022 33/31 33/38 18-1.013 33/29 14-25.023 33/31 33/38 18-1.014 33/29 14-25.024 33/31 33/38 18-2.017 33/22 14-25.026 33/31 33/38 33/29 14-28.0011 33/39 18-2.018 33/22 14-28.0012 33/39 33/29 14-28.002 33/39 18-2.020 33/29 14-28.003 33/39 18-2.021 33/22 14-28.005 33/39 18-21.003 33/29 14-28.006 33/39 18-21.004 33/29 14-28.007 33/39 18-21.010 33/29 14-28.008 33/39 18-21.011 33/29 14-46.001 33/43 18-21.013 33/29 18-24.005 33/22

Section XIV - List of Rules Affected 5845 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

STATE BOARD OF ADMINISTRATION 28-106.601 33/40 28-112.001 33/40 19-11.002 33/32 33/41 28-112.002 33/40 19-11.003 33/32 33/41 19-11.004 33/32 33/42 CORRECTIONS 19-11.005 33/32 33/41 19-11.006 33/32 33/42 33-103.001 33/31 33/43 19-11.007 33/32 33/42 33-103.006 33/31 33/43 19-11.008 33/32 33/41 33-103.015 33/31 33/43 19-11.009 33/32 33/41 33-103.017 33/31 33/36 33/43 19-11.010 33/32 33/41 33-208.003 33/38 19-12.007 33/32 33/42 33-208.101 33/32 33/40 19-13.002 33/32 33/42 33-210.101 30/43 19-15.001 33/39 33-210.102 33/40 19B-4.001 33/39 33-601.314 33/36 33/44 33/43 33-601.603 33/31 33/40 19B-4.002 33/43 33-601.606 33/28 33/40 19B-4.005 33/43 33-601.724 33/28 33/40 19B-5.001 33/43 33-601.725 33/28 33/40 19B-5.002 33/43 33-601.731 33/19 33/22 33/39 19B-5.003 33/43 33/31 33/39 19B-5.006 33/43 33-601.901 33/38 19B-6.001 33/43 33-602.205 33/28 33/38 19B-9.001 33/43 33-602.210 33/21 33/39 19B-9.002 33/43 33-602.220 33/31 19B-9.003 33/43 WATER MANAGEMENT DISTRICTS 19B-9.005 33/43 19B-11.001 33/43 40B-1.703 33/34 33/42 19B-16.002 33/39 40B-3.3020 33/16 19B-16.003 33/34 33/37w 40B-3.3030 33/16 33/41 40B-3.3040 33/16 CITRUS 40B-8.021 33/42 40B-8.061 33/42 20-3.002 33/23 33/31 33/37 40C-2.091 33/23 20-13.011 33/33 33/42w 40C-2.101 33/36 20-100.004 33/23 33/31 33/37 40C-2.231 33/23 40C-2.301 33/36 PUBLIC SERVICE COMMISSION 40D-1.002 33/43 40D-1.600 33/27 33/38 25-4.0665 33/41 40D-1.603 33/43 25-30.4325 33/23 40D-1.6105 33/39 25-56.034 32/32c 40D-1.659 33/27 33/36 33/38 25-56.0341 32/32c 33/27 25-56.0342 32/32c 33/39 25-56.0343 32/32c 33/44 25-56.064 32/32c 40D-2.091 22/48 25-56.078 32/32c 33/30 33/39 25-56.115 32/32c 33/33 33/42 33/36 ADMINISTRATION COMMISSION 33/39 33/43 28-101.001 33/40 40D-2.101 33/39 28-104.005 33/40 40D-2.301 22/48 28-106.301 33/40 40D-2.302 33/39 28-106.302 33/40 40D-2.321 33/36 28-106.501 33/40

5846 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

40D-2.351 33/39 53ER07-50 33/32 40D-2.801 33/30 33/39 53ER07-51 33/34 33/36 53ER07-52 33/34 40D-4.051 33/27 33/36 53ER07-53 33/37 33/40 53ER07-54 33/37 40D-4.091 22/48 53ER07-55 33/38 33/27 33/38 53ER07-56 33/39 33/27 33/38 53ER07-57 33/39 33/27 53ER07-58 33/41 40D-4.331 33/27 33/36 33/41w 53ER07-59 Newspaper 33/43 33/43 53ER07-60 Newspaper 33/43 40D-4.351 33/43 53ER07-61 Newspaper 33/43 40D-4.381 33/43 53ER07-62 Newspaper 33/43 40D-8.041 32/1 53ER07-63 33/44 33/39 40D-8.624 33/14 ELDER AFFAIRS 40D-80.073 33/39 40D-400.443 33/27 33/38 58A-2.002 33/31 33/37w 40D-400.447 33/27 33/38 33/38c 40E-1.607 33/30 33/40 58A-2.003 33/31 33/37w 40E-2.091 33/36 33/38c 40E-2.301 33/36 58A-2.004 33/34 40E-2.321 33/36 58A-2.005 33/31 33/37w 40E-2.331 33/36 33/38c 40E-2.381 33/36 58A-2.010 33/31 33/37w 40E-20.011 33/36 33/38c 40E-20.091 33/36 58A-2.012 33/31 33/37w 40E-20.301 33/36 33/38c 40E-20.302 33/36 58A-2.012(1)(b) 33/38c 40E-20.321 33/36 33/38c 40E-20.331 33/36 58A-2.014 33/31 33/37w 40E-20.381 33/36 33/38c 40E-21.521 33/39 58A-2.0232 33/31 33/37w 40E-21.531 33/39 33/38c 40E-21.541 33/39 58L-1.001 33/41 40E-21.551 33/39 58L-1.005 33/41 58L-1.006 33/41 FLORIDA LAND AND WATER 58L-1.007 33/41 ADJUDICATORY COMMISSION 58M-2.001 33/40 58M-2.003 33/40 42CC-1.002 33/41 58M-2.007 33/40 42GG-1.002 33/42 58N-1.001 33/34 42LLL-1.001 33/47 58N-1.003 33/34 42LLL-1.002 33/47 58N-1.005 33/34 42LLL-1.003 33/47 58N-1.007 33/34 42T-1.002 33/35 58N-1.009 33/34 58N-1.011 33/34 LOTTERY 58N-1.013 33/34 58N-1.015 33/34 53ER07-42 33/28 58N-1.017 33/34 53ER07-43 33/28 58N-1.019 33/34 53ER07-44 33/28 53ER07-45 33/29 AGENCY FOR HEALTH CARE ADMINISTRATION 53ER07-46 33/29 53ER07-47 33/29 59-1 29/35c 53ER07-48 33/29 59-1.018 33/38 53ER07-49 33/32 59-1.024 33/38

Section XIV - List of Rules Affected 5847 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

59-1.025 33/38 60BB-3.019 32/50 33/23 59-1.031 33/38 33/33 59-1.062 33/38 60BB-3.020 32/50 33/23 59A-3.2085 33/11 33/33 33/39 60BB-3.021 32/50 33/23 59C-1.002 33/23 33/33 33/36c 60BB-3.022 32/50 33/23 33/36c 33/33 59C-1.008 33/29 33/40 60BB-3.024 32/50 33/23 59C-1.0355 33/30c 33/33 59C-1.0355(4)(d)3. 33/30c 33/44 59E-8.001 33/38 60BB-3.028 32/50 33/23 59E-8.002 33/38 33/33 59G-4.003 33/24 33/32 33/39 60BB-3.029 32/50 33/23 59G-4.016 32/19 33/33 59G-4.070 33/31 33/44 59G-4.085 33/35 60BB-8.700 33/26 59G-4.130 33/29 33/36 33/43 60L-35.001 33/27 59G-4.140 33/26 33/34 60L-35.002 33/27 33/44 60L-35.003 33/27 33/37 59G-4.199 33/36 33/41 59G-4.230 33/32 60L-35.004 33/27 59G-6.010 33/43 60L-35.005 33/27 59G-6.020 33/39 60L-35.006 33/27 59G-6.030 33/39 60S-9.001 33/23 33/37 59G-13.080 33/30 33/40 60U-1.006 33/23 33/37 59G-13.081 33/31 60V-1.007 33/23 33/37 59G-13.091 33/30 33/41 60W-8.001 33/23 33/37 59G-13.092 33/30 33/41 60Y-1 32/2c 59G-14.001 33/41 32/2c 59G-14.002 33/41 59G-14.003 33/41 BUSINESS AND PROFESSIONAL REGULATION 59G-14.004 33/41 59G-14.005 33/41 61-5.005 33/44 59G-14.006 33/41 61-6.001 33/44 59G-14.007 33/41 61A-1.010(1) 33/2c 59G-20.381 33/36 61A-2.019 31/50 33/38w 61A-5.0105 33/29 MANAGEMENT SERVICES 61A-5.747 33/29 61A-10.001 32/3 33/29 60BB-3.011 32/50 33/23 61A-10.002 32/3 33/29 33/33 61A-10.0021 32/3 33/29 60BB-3.012 32/50 33/23 61A-10.0022 32/3 33/29 33/33 61A-10.005 32/3 33/29 60BB-3.013 32/50 33/23 61A-10.006 32/3 33/29 33/33 61A-10.007 32/3 33/29 33/44 61A-10.008 32/3 33/29 60BB-3.015 32/50 33/23 61A-10.009 32/3 33/29 33/33 61A-10.0091 32/3 33/29 33/44 61A-10.010 32/3 33/29 60BB-3.016 32/50 33/23 61A-10.011 32/3 33/29 33/33 61A-10.0111 32/3 33/29 60BB-3.017 32/50 33/23 61A-10.0112 32/3 33/29 33/33 61A-10.012 32/3 33/29 60BB-3.018 32/50 33/23 61A-10.013 32/3 33/29 33/33 61A-10.014 32/3 33/29

5848 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

61A-10.015 32/3 33/29 61G4-15.0021 33/16 33/30 61A-10.016 32/3 33/29 33/33 61A-10.017 32/3 33/29 33/36 61A-10.018 32/3 33/29 33/44 61A-10.0181 33/29 33/29 61G4-15.003 33/38 61A-10.020 32/3 33/29 61G4-15.005 33/30 33/37 61A-10.021 32/3 33/29 61G4-15.006 33/30 33/44 61A-10.026 32/3 33/29 61G4-15.015 33/38 61A-10.027 32/3 33/29 61G4-15.017 33/38 61A-10.031 32/3 33/29 61G4-15.018 33/38 61A-10.050 32/3 33/29 61G4-15.026 33/38 61A-10.051 32/3 33/29 61G4-15.027 33/38 61A-10.052 32/3 33/29 61G4-15.033 33/27 33/44 61A-10.053 32/3 33/29 61G4-18.001 33/38 61A-10.054 32/3 33/29 61G5-20.003 33/32 33/38 61A-10.055 32/3 33/29 61G6-5.0061 33/35 61A-10.080 32/3 33/29 61G6-6.017 33/35 61A-10.081 32/3 33/29 61G6-7.001 33/30 33/37 61A-10.082 32/3 33/29 61G6-10.0065 33/35 61A-10.083 32/3 33/29 61G6-10.008 33/40 61A-10.084 32/3 33/29 61G7-10.0014 32/21 61A-10.085 32/3 33/29 61G7-33.0065 30/16 61B-82.001 33/29 33/37 61G9-9.001 31/6 61B-82.002 33/29 33/37 61G10-15.005 33/39 61B-82.004 33/29 33/37 61G10-18.001 33/38 61B-82.005 33/29 33/37 61G14-19.001 33/42 61B-82.006 33/29 33/37 61G15-20.006 32/30 32/39 61B-82.007 33/29 33/37 32/48 61B-83.001 33/29 33/37 61G15-21.007 32/32 61B-83.002 33/29 33/37 61G16-3.001 33/36 61B-83.003 33/29 33/37 61G16-4.004 32/46 33/33 33/41 61B-83.004 33/29 33/37 61G16-5.004 33/11 33/24 61C-4.0161 33/44 61G16-8.001 33/35 61C-5.006 33/26 33/37 61G17-7.0025 33/43 61D-7.020 33/44 61G19-6.0035 33/33 33/39 61D-14.091 32/48 61G19-6.012 33/41 61D-14.092 32/48 61G19-6.016 33/39 61D-14.093 32/48 61G19-6.017 33/41 61D-14.094 32/48 61G19-9.003 33/36 61D-14.095 32/48 61H1-24.001 33/39 61G1-11.013 33/43 61H1-29.003 33/39 61G1-21.003 33/27 33/43 61H1-31.001 33/31 33/38 61G1-24.002 33/27 33/43 61H1-33.001 33/39 61G2-3.001 33/26 33/37 61H1-33.0032 33/31 33/38 61G2-3.002 33/26 33/37 33/42 61G2-3.003 33/26 33/37 61J1-2.001 33/40 61G2-3.004 33/26 33/37 61J1-3.001 28/41 28/43 61G2-3.0041 33/26 33/37 28/46 61G2-3.005 33/26 33/37 61J1-3.002 28/41 28/43 61G2-3.006 33/26 33/37 28/46 61G2-3.007 33/26 33/37 61J1-3.004 33/42 61G2-3.008 33/26 33/37 61J1-4.001 33/27 33/42 61G2-3.010 33/26 33/37 61J1-4.003 33/27 33/42 61G2-3.011 33/26 33/37 61J1-4.005 28/41 28/43 61G2-3.012 33/26 33/37 61J1-4.010 33/40 61G4-12.011 33/32 33/44 61J1-5.001 33/42

Section XIV - List of Rules Affected 5849 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

61J1-6.001 33/40 62-17.280 33/43 61J1-7.004 28/41 28/43 62-17.281 33/43 61J1-7.005 28/41 28/43 62-17.282 33/43 28/46 62-17.293 33/43 61J1-8.001 33/40 62-113.100 33/36 61J1-8.002 33/40 62-204.800 33/35 33/41 61J1-11.009 32/37 62-296.341 33/44 61J2-1.011 33/42 62-296.470 32/45c 61J2-1.013 33/36 62-304.510 29/25 61J2-3.010 33/35 33/44 62-304.600 31/11 33/44w 61J2-5.014 32/14 33/2 31/27c 33/12 31/28c 33/36 31/28c 61J2-10.030 33/35 62-343.110 33/25 33/30 33/40 61J2-14.008 33/42 62-531.300 33/1 33/41 61J2-17.012 28/3 28/17 62-531.330 33/1 33/41 61J2-24.001 33/35 33/44 62-531.340 33/1 62-531.350 33/1 ENVIRONMENTAL PROTECTION 62-531.450 33/1 33/41 62-550.550 33/34 33/40 62-4.050 33/32 33/43 62-602.200 33/20 33/35 33/41 62-4.052 33/32 33/43 62-602.230 33/20 33/41 62-16.100 33/6 33/22 33/42 62-602.250 33/20 33/41 33/35 33/42 62-602.270 33/20 33/35 33/41 62-16.200 33/6 33/22 33/42 62-602.300 33/20 33/35 33/41 33/35 33/42 62-602.350 33/20 33/41 62-16.300 33/6 33/22 33/42 62-602.360 33/20 33/35 33/41 33/35 33/42 62-602.410 33/20 33/41 62-16.500 33/6 33/22 33/42 62-602.420 33/20 33/41 33/35 33/42 62-602.430 33/20 33/41 62-16.600 33/6 33/22 33/42 62-602.450 33/20 33/41 33/35 33/42 62-602.500 33/20 33/41 62-16.900 33/6 33/22 33/42 62-602.560 33/20 33/35 33/41 33/35 33/42 62-602.570 33/20 33/35 33/41 62-17.021 33/43 62-602.580 33/20 33/41 62-17.031 33/43 62-602.600 33/20 33/35 33/41 62-17.041 33/43 62-602.650 33/20 33/35 33/41 62-17.051 33/43 62-602.660 33/20 33/41 62-17.081 33/43 62-602.700 33/20 33/41 62-17.091 33/43 62-602.710 33/20 33/41 62-17.093 33/43 62-602.720 33/20 33/35 33/41 62-17.115 33/43 62-602.800 33/20 33/41 62-17.121 33/43 62-602.850 33/20 33/35 33/41 62-17.133 33/43 62-602.870 33/20 33/35 33/41 62-17.135 33/43 62-602.880 33/20 33/41 62-17.137 33/43 62-602.900 33/20 33/41 62-17.141 33/43 62-610.100 33/30 62-17.143 33/43 62-610.200 33/30 62-17.147 33/43 62-610.300 33/30 62-17.171 33/43 62-610.419 33/30 62-17.191 33/43 62-610.451 33/30 33/39 62-17.201 33/43 62-610.471 33/30 62-17.205 33/43 62-610.568 33/30 62-17.211 33/43 62-610.800 33/30 33/39 62-17.231 33/43 62-610.870 33/30 62-17.251 33/43

5850 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

62-620.100 33/36 33/44 63E-7.006 33/27 33/44 63E-7.007 33/27 62-699.200 33/20 33/35 33/41 63E-7.008 33/27 62-699.310 33/20 33/35 33/41 63E-7.009 33/27 62-699.311 33/20 33/35 33/41 63E-7.012 33/33 62-770.220 33/40 63E-7.014 33/33 62-770.900 33/40 63E-7.015 33/33 62-780.220 33/40 63H-2.003 33/31 33/39 62-780.900 33/40 62-782.220 33/40 HEALTH 62-782.900 33/40 62-785.220 33/40 64-1 30/29c 62-785.900 33/40 64-3.010 33/11 33/39 64-3.020 33/11 33/39 JUVENILE JUSTICE 64-3.030 33/11 33/39 64-3.040 33/11 33/39 63D-3.001 33/42 64-3.050 33/11 33/39 63D-3.002 33/42 64-3.060 33/11 33/39 63D-3.003 33/42 64-3.070 33/11 33/39 63D-3.004 33/42 64-3.080 33/11 33/39 63D-3.005 33/42 64A-1.205 33/22c 63D-3.006 33/42 64B-1.009 25/39 26/1 63D-3.007 33/42 64B-3.004 33/41 63D-7.001 33/26 64B-5.003 31/21 32/21 63D-7.002 33/26 33/40 64B-9.001 33/36 33/44 63D-7.003 33/26 64B-11.001 33/42 63D-7.004 33/26 33/40 64B1-4.001 33/44 63D-7.005 33/26 33/40 64B1-7.0015 33/44 63D-7.006 33/26 64B2-11.001 33/20 33/37 63D-7.007 33/26 64B2-11.004 33/40 63D-7.008 33/26 33/40 64B2-12.012 33/40 63D-7.009 33/26 33/40 64B2-13.004 33/37 63E-3.001 33/33 64B2-13.007 33/40 63E-3.002 33/33 64B2-15.002 31/49 33/42w 63E-3.003 33/33 33/37 33/43 63E-3.004 33/33 64B2-16.0075 33/30 33/37 33/44 63E-3.005 33/33 64B3-5.0011 33/37 33/39 63E-3.006 33/33 64B3-5.004 33/39 63E-3.007 33/33 64B3-11.005 33/10 33/37w 63E-3.008 33/33 64B3-12.002 33/10 33/43 63E-3.009 33/33 64B4-22.110 33/30 63E-3.010 33/33 64B5-2.013 33/40 63E-3.011 33/33 64B5-13.0046 33/44 63E-3.012 33/33 64B5-15.010 27/30 63E-3.013 33/33 64B5-15.030 33/32 33/35 33/42 63E-3.014 33/33 64B7-32.003 33/32 33/43 63E-3.015 33/33 64B8-9.0091 33/35 33/43 63E-6.002 33/35 64B8-9.015 33/35 33/42 63E-6.003 33/35 64B8-30.005 33/35 63E-6.006 33/35 64B8-30.0151 33/35 63E-6.012 33/35 64B8-30.0152 33/35 63E-7.001 33/23 33/39 64B8-30.019 33/35 63E-7.002 33/23 33/33 33/39 64B8-31.0101 33/35 63E-7.003 33/23 33/33 33/39 64B8-31.0102 33/35 63E-7.004 33/23 33/33 33/39 64B8-31.012 33/39 63E-7.005 33/23 33/33 33/39 64B8-36.003 33/43

Section XIV - List of Rules Affected 5851 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

64B8-41.001 33/39 64B16-27.103 30/50 32/52 64B8-42.002 33/41 64B16-27.104 30/50 31/20 64B8-50.0095 33/36c 64B16-27.210 30/50 31/20 64B8-52.004 33/36c 64B16-27.211 30/50 64B8-56.002(2)(a) 33/36c 64B16-27.220 30/50 31/2 64B9-2.001 33/34 33/41 64B16-27.300 30/50 64B9-2.002 32/19 64B16-27.410 30/50 33/44w 64B9-3.002 33/39 64B16-27.500(6) 33/36c 64B9-3.014 33/34 33/42 64B16-27.530 30/50 64B9-4.010 33/39 64B16-27.615 30/50 64B9-4.015 33/39 64B16-27.700 30/50 64B9-8.009 32/23 33/41w 64B16-27.797 33/15 64B9-9.015 32/24 32/51 64B16-27.831 30/50 64B9-15.003 33/34 33/42 64B16-28.451 32/45 33/15 64B9-15.009 33/30 64B16-28.900 31/23 31/30 33/44w 64B9-17.001 33/8c 64B16-28.902 31/23 31/30 33/44w 64B9-17.002 33/8c 64B18-14.002 33/33 33/41 64B10-11.002 33/34 33/44 64B18-14.009 33/33 33/40 64B10-12.002 33/33 33/41 64B18-14.010 33/33 33/40 64B10-12.009 33/33 33/41 64B19-18.004 33/39 64B10-14.006 33/34 64B19-18.008 33/13 33/17 33/43 64B10-15.001 33/34 33/42 64B20-2.003 33/38 64B10-15.002 33/34 33/42 64B21-503.005 33/38 64B10-16.001 33/34 64B24-2.001 33/37 64B11-2.011 33/34 33/42 64B24-2.004 33/37 64B11-3.010 33/34 33/42 64B24-3.002 33/36 33/44 64B12-16.003 33/35 64B24-3.010 33/34 33/42 64B13-3.007 33/34 33/44 64B32-6.001 33/9 33/36 33/43 64B13-3.009 33/34 33/44 64B32-6.004 33/32 33/39 33/40 64B13-3.010 33/34 33/44 64D-4.002 33/31 33/37 64B13-4.001 33/34 64E-2.007 33/27 33/34 33/41 64B13-15.009 33/34 33/44 64E-2.008 33/27 33/34 33/41 64B14-1.004 33/30 33/37 64E-2.009 33/27 33/34 33/41 64B15-6.0035 33/35 64E-2.0094 33/27 33/34 33/41 64B15-6.0112 33/35 64E-2.023 33/39 64B15-6.0113 33/35 64E-2.024 33/39 64B15-6.013 33/35 64E-2.025 33/39 64B15-7.0101 33/35 64E-2.026 33/39 64B15-7.0102 33/35 64E-2.027 33/39 64B15-7.012 33/39 64E-2.028 33/39 64B15-9.007 33/26 33/43w 64E-2.029 33/39 64B15-12.003 33/39 64E-2.036 33/27 33/34 33/41 64B15-12.0075 33/38 64E-5.101 33/41 64B15-14.006 33/35 33/44 64E-5.11072 33/41 64B16-26.1001 33/35 33/43 64E-5.1501 33/41 64B16-26.1004 33/35 33/43 64E-5.1502 33/41 64B16-26.103 33/21 33/44w 64E-5.206 33/41 64B16-26.402 30/52 64E-5.210 33/41 64B16-26.600 33/21 64E-5.216 33/41 64B16-26.601 33/21 64E-5.350 33/41 64B16-26.6011 30/52 64E-5.351 33/41 64B16-27.100 30/50 31/20 64E-5.430 33/41 64B16-27.1001 30/50 32/52 64E-5.440 33/41 64B16-27.1003 30/50 31/20 64E-5.441 33/41 32/52 64E-6.030 33/31 33/38

5852 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

64E-7.001 33/37 CHILDREN AND FAMILY SERVICES 64E-7.002 33/37 64E-7.003 33/37 65-1 30/6c 64E-7.004 33/37 30/9c 64E-7.005 33/37 30/15c 64E-7.006 33/37 32/2c 64E-12.001 33/36 32/2c 64E-12.002 33/36 65A-1.301 33/33 64E-12.003 33/36 65A-1.400 31/27c 64E-12.004 33/36 65A-1.601 28/11 28/23 64E-12.005 33/36 28/31 64E-12.006 33/36 28/41 64E-12.008 33/36 65A-1.704 33/33 64E-12.009 33/36 65A-1.705 33/33 64E-12.011 33/36 65A-1.708 33/26 33/41 64E-12.012 33/36 65A-1.712 33/8 33/18 33/43 64E-12.013 33/36 33/24 33/43 64E-14.002 33/29 33/30 33/43 64E-14.003 33/29 33/36 33/43 64E-14.004 33/29 65A-1.713 33/26 33/41 64E-14.005 33/29 65A-4.213 25/32 64E-14.006 33/29 65A-4.216 25/32 64E-14.007 33/29 65A-15.005 32/9 64E-14.009 33/29 65A-15.0095 26/4 64E-14.0095 33/29 65A-15.062 32/9 64E-14.010 33/29 65B-27.017 32/9 64E-14.013 33/29 65C-5.001 32/29 32/37 64E-14.015 33/29 65C-5.002 32/29 32/37 64E-14.016 33/29 33/38 65C-5.003 32/29 32/37 64E-14.017 33/29 65C-5.004 32/29 32/37 64E-14.018 33/29 65C-5.005 32/29 32/37 64E-14.020 33/29 65C-5.006 32/29 32/37 64E-14.021 33/29 65C-5.007 32/29 32/37 64E-14.023 33/29 65C-5.008 32/29 32/37 64E-14.024 33/29 65C-5.009 32/29 32/37 64F-1.0015 33/41 65C-5.010 32/29 32/37 64F-12.001 33/31 65C-5.011 32/29 32/37 64F-12.011 33/7 33/32 33/39 65C-13.001 32/48 64F-12.012 33/31 65C-13.002 32/48 64F-12.013 33/31 65C-13.003 32/48 64F-17.001 33/40 65C-13.004 32/48 64F-19.001 33/40 65C-13.005 32/48 64F-19.002 33/40 65C-13.006 32/48 64F-19.003 33/40 65C-13.007 32/48 64F-19.004 33/40 65C-13.008 32/48 64F-19.005 33/40 65C-13.009 32/48 64F-19.006 33/40 65C-13.010 32/48 64F-19.007 33/40 65C-13.011 32/48 64F-19.008 33/40 65C-13.012 32/48 64F-19.009 33/40 65C-13.013 32/48 64F-19.010 33/40 65C-13.014 32/48 64F-19.011 33/40 65C-13.015 32/48 64F-20.001 33/20 33/38 65C-13.016 32/48 64F-20.002 33/20 33/32 33/38 65C-13.017 32/48 64F-21.001 33/35 33/43 65C-13.018 32/48 64H-1.001 33/36 65C-13.019 32/48

Section XIV - List of Rules Affected 5853 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

65C-13.020 32/48 65C-15.027 32/48 33/20 65C-13.021 32/48 65C-15.028 32/48 65C-13.022 32/48 33/20 65C-15.029 32/48 33/20 33/33 65C-15.030 32/48 65C-13.023 32/48 33/20 65C-15.031 32/48 33/20 33/33 65C-15.032 32/48 33/20 65C-13.024 32/48 33/20 65C-15.033 32/48 33/20 33/33 65C-15.034 32/48 33/20 65C-13.025 32/48 33/20 65C-15.035 32/48 33/33 65C-15.036 32/48 33/20 65C-13.026 32/48 33/20 65C-15.037 32/48 33/20 33/33 65C-15.038 32/48 33/20 65C-13.027 32/48 33/20 65C-16.008 32/4 33/33 65C-20.008 33/33 65C-13.028 32/48 33/20 65C-20.009 33/33 33/33 65C-20.010 33/33 65C-13.029 32/48 33/20 65C-20.011 33/33 33/33 65C-20.012 33/33 65C-13.030 32/48 33/20 65C-20.013 33/33 33/33 65C-20.014 33/33 65C-13.031 32/48 33/20 65C-21.001 23/20 33/33 65C-22.001 33/33 65C-13.032 32/48 33/20 65C-22.003 33/33 33/33 65C-22.004 33/33 65C-13.033 32/48 33/20 65C-22.006 33/33 33/33 65C-22.007 29/9 65C-13.034 32/48 33/20 65C-22.008 33/33 33/33 65C-22.009 33/33 65C-15.001 32/48 33/20 65C-22.010 33/33 65C-15.002 32/48 33/20 65C-32.001 33/19 33/32 65C-15.003 32/48 33/20 65C-32.002 33/19 33/32 65C-15.0035 32/48 33/20 65C-32.003 33/19 33/32 65C-15.004 32/48 33/20 65C-32.004 33/19 33/32 65C-15.005 32/48 33/20 33/38 65C-15.006 32/48 65C-32.005 33/19 33/32 65C-15.010 32/48 33/20 33/38 65C-15.011 32/48 33/20 65C-32.006 33/19 33/32 65C-15.012 32/48 33/20 65C-32.007 33/19 33/32 65C-15.013 32/48 33/20 65C-32.008 33/19 33/32 65C-15.014 32/48 33/20 65E-2.003 26/20 26/28 65C-15.015 32/48 33/20 65G-1.010 33/5 33/26 33/37 65C-15.016 32/48 33/20 65G-1.046 33/5 33/26 33/37 65C-15.017 32/48 33/20 65G-1.047 33/5 33/26 33/37 65C-15.018 32/48 33/20 65G-7.001 33/40 65C-15.019 32/48 33/20 65G-7.002 33/40 65C-15.020 32/48 33/20 65G-7.003 33/40 65C-15.021 32/48 33/20 65G-7.004 33/40 65C-15.022 32/48 65G-7.005 33/40 65C-15.023 32/48 65G-7.006 33/40 65C-15.024 32/48 65G-7.007 33/40 65C-15.025 32/48 65G-7.008 33/40 65C-15.026 32/48 65G-7.009 33/40

5854 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

NAVIGATION DISTRICTS 68A-6.0024 33/32 33/39 68A-6.003 33/44 66B-1.001 31/50 68A-6.007 33/44 68A-6.0071 33/44 FLORIDA HOUSING FINANCE CORPORATION 68A-6.0072 33/44 68A-13.003 33/44 67-4.032 29/9 29/45 68A-23.005 30/1 67-18.005 28/42 68A-24.003 28/17 67-21.019 24/46 24/46 68A-24.004 28/17 67-32.009 24/28 68A-24.0055 30/1 67-38.002 33/31 68A-24.006 28/17 67-38.0026 33/31 33/36 30/1 67-38.003 33/31 68A-24.009 30/1 67-38.004 33/31 68A-27.003 33/32 33/39w 67-38.005 33/31 33/44 67-38.007 33/31 68A-27.004 33/32 33/39 33/44 67-38.008 33/31 33/44 67-38.010 33/31 68A-27.005 33/32 33/44 67-38.011 33/31 68BER07-1 33/27 67-38.014 33/31 68B-13.008 27/31 26/13 67-48.002 30/39 68B-23.101 32/18 67-53.005 33/39 68B-23.103 32/18 67-57.001 33/28 33/41 68B-23.104 32/18 67-57.005 33/28 33/41 68B-23.106 32/18 67-57.010 33/28 33/41 68B-23.107 32/18 67-57.020 33/28 33/41 68B-23.108 32/18 67-57.030 33/28 33/41 68B-23.109 32/18 67-57.040 33/28 33/41 68B-23.110 32/18 67-57.050 33/28 33/41 68B-23.112 32/18 67-57.060 33/28 33/41 68B-44.004 33/32 33/41 67-57.070 33/28 33/41 68B-44.005 33/32 33/41 67-57.080 33/28 33/41 68B-45.002 33/32 33/41 67-58.001 33/39 68B-45.004 33/32 33/41 67-58.002 33/39 68B-55.001 33/32 33/41 67-58.003 33/39 68B-55.002 33/32 33/41 67-58.004 33/39 68B-55.004 33/32 33/41 67-58.005 33/39 68B-55.005 33/32 33/41 67-58.006 33/39 68D-24.109 33/32 33/44 67-58.010 33/39 68E-1.002 33/6 33/41 67-58.015 33/39 68E-1.004 33/6 33/41 67-58.020 33/39 68E-1.0041 33/6 33/41 67-58.030 33/39 68E-1.005 33/6 33/41 67-58.040 33/39 67-58.050 33/39 FINANCIAL SERVICES 67-58.060 33/39 67-58.070 33/39 69-1 30/42c 67-58.080 33/39 69A-46.010 33/10 33/33 33/43w 67-58.090 33/39 69A-46.015 33/10 33/43w 67-58.100 33/39 69A-46.016 33/10 33/43w 67-58.110 33/39 69A-46.0165 33/10 33/43w 69A-46.017 33/10 33/33 33/43w FISH AND WILDLIFE CONSERVATION COMMISSION 69A-46.040 33/10 33/43w 69A-46.041 33/10 33/33 33/43w 68-1.001 33/44 69A-60.006 33/9 33/33 68-1.008 33/44 69A-62.001 29/44 29/46 68-1.009 33/44 69A-62.002 29/44 29/46 68A-6.0022 33/1 33/11

Section XIV - List of Rules Affected 5855 Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

69B-33.005(3)(a) 32/32c 69O-162.203 33/30 33/44 32/32c 69O-164.030 33/30 69B-41.002(19) 32/32c 69O-167.015 33/21 33/43 32/32c 69O-170.006 31/32c 69B-240.001 33/39 69O-170.020 32/5 32/12 69J-7.004 32/45 33/37w 69O-171.002 33/38 69J-8.001 33/13 33/44 69O-171.003 32/8 33/10 69J-8.002 33/13 33/44 33/14 69J-8.003 33/13 33/44 33/35 69J-8.004 33/13 33/35 33/44 32/23c 69J-8.005 33/13 33/44 69O-171.008 33/38 69J-8.006 33/13 33/44 69O-171.009 32/8 32/32 69J-8.007 33/13 33/44 33/20 69J-8.008 33/13 33/44 32/23c 69J-8.009 33/13 33/44 69O-175.001 31/2c 69J-8.010 33/13 33/44 69O-175.003 31/26 69J-8.011 33/13 33/44 69O-186.003 31/22 33/44w 69K-1.001 33/24 33/25 69K-5.0101 33/24 33/39 69O-186.003(1)(c) 33/36c 33/38d 69L-6.009 33/38 69O-186.005 31/22 33/44w 69L-6.012 33/38 33/25 69L-6.027 33/30 33/41 69O-186.013 32/40 69L-6.035 33/25 33/40 33/8c 69L-7.020 33/30 33/41 69O-186.017 33/41 69L-7.501 33/3 33/26 33/39 69O-203.202 33/18 33/43 69L-7.602 31/23 69O-203.204 33/18 33/43 69L-7.602(5)(q) 32/45c 69O-203.205 33/18 33/29 33/43 69L-56.530 31/3 69O-203.210 32/33 69M-1 29/52c 69V-40.001 33/40 69OER07-3 33/26 69V-40.002 33/40 69O-1 31/37c 69V-40.008 33/40 31/37c 69V-40.015 33/40 69O-125.003 33/24 33/43 69V-40.020 33/40 69O-125.005 31/6 69V-40.021 33/40 31/26 32/7 69V-40.022 33/40 33/26 69V-40.025 33/40 33/36c 69V-40.027 33/40 69O-125.006 33/26 69V-40.0271 33/40 33/36c 69V-40.028 33/40 69O-137.001 33/41 69V-40.0281 33/40 69O-137.013 32/26 33/25 69V-40.029 33/40 69O-138.001 33/41 69V-40.031 33/40 69O-139.019 33/10 69V-40.043 33/40 69O-142.200 33/27 33/43 69V-40.051 33/40 69O-143.041 33/41 69V-40.053 33/40 69O-143.042 33/41 69V-40.058 33/40 69O-149.002 33/31 69V-40.099 33/40 69O-149.003 33/36 69V-40.100 33/40 33/38 33/44w 69V-40.105 33/40 69O-149.005 33/38 33/44w 69V-40.156 33/40 69O-149.007 33/38 33/44w 69V-40.160 33/40 69O-157.301 33/23 33/32 33/43 69V-40.165 33/40 69O-157.302 33/23 33/32 33/43 69V-40.170 33/40 69O-157.303 33/23 33/32 33/43 69V-40.177 33/40 69O-157.304 33/23 33/32 33/43 69V-40.200 33/40

5856 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 33, Number 49, December 7, 2007

Rule No. Proposed Amended Adopted Rule No. Proposed Amended Adopted Vol./No. Vol./No. Vol./No. Vol./No. Vol./No. Vol./No.

69V-40.205 33/40 69V-80.003 33/32 69V-40.220 33/40 69V-80.015 33/32 69V-40.225 33/40 69V-80.050 33/32 69V-40.240 33/40 69V-80.060 33/32 69V-40.242 33/40 69V-85.002 33/32 33/43 69V-40.265 33/40 69V-85.003 33/32 33/43 69V-40.270 33/40 69V-85.004 33/32 69V-40.285 33/40 69V-85.005 33/32 33/43 69V-50.055 33/32 69V-85.200 33/32 69V-50.058 33/32 69V-160.024 33/32 69V-50.070 33/32 69V-160.030 33/32 33/43 69V-60.060 33/32 69V-160.031 33/32 69V-60.065 33/32 69V-160.032 33/32 69V-60.070 33/32 69W-600.002 33/40 69V-70.050 33/32 69W-600.006 33/40 69V-70.055 33/32 69V-70.060 33/32

Section XIV - List of Rules Affected 5857