Section I Notices of Development of Proposed Rules and Negotiated
Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Section I DEPARTMENT OF AGRICULTURE AND CONSUMER Notices of Development of Proposed Rules SERVICES Division of Administration and Negotiated Rulemaking RULE NO.: RULE TITLE: 5A-17.001 Agricultural Land Acknowledgment DEPARTMENT OF STATE PURPOSE AND EFFECT: The Agricultural Land Division of Cultural Affairs Acknowledgment Act, Section 163.3163, Florida Statutes, was RULE NO.: RULE TITLE: created by Section 2 of Chapter 2011-007, Laws of Florida, 1T-1.036 Arts and Cultural Grants (HB 7103). The Department of Agriculture and Consumer PURPOSE AND EFFECT: The purpose of this rule Services, in cooperation with the Department of Revenue, may amendment is to establish in rule the most recent guidelines adopt rules to administer the Act. The Department has received and grant report form for the General Program Support several comments requesting rulemaking to ensure common Program and the Specific Cultural Project Program. The application of the Act across the state. guidelines for both programs clarify eligibility criteria, match SUBJECT AREA TO BE ADDRESSED: Agricultural Land requirements, application submission criteria, panel review and Acknowledgment Act, Section 163.3163, Florida Statutes. evaluation criteria, amend materials incorporated by reference, RULEMAKING AUTHORITY: 163.3163(4)(c), 570.07(23) and update the application form. FS. SUBJECT AREA TO BE ADDRESSED: Guidelines and LAW IMPLEMENTED: 163.3163 FS. application forms for the General Program Support Program A RULE DEVELOPMENT WORKSHOP WILL BE HELD and the Specific Cultural Project Program. Specific areas AT THE DATE, TIME AND PLACE SHOWN BELOW: include: eligibility criteria, match, application procedures, DATE AND TIME: December 1, 2011, 1:30 p.m. panel review and evaluation criteria, and updated application PLACE: The Terry L. Rhodes Building, 2005 Apalachee and grant report forms. Parkway Ste 225, Tallahassee, FL 32399 and by conference RULEMAKING AUTHORITY: 265.284(3)(j), 265.286(1), call at Dial-In Number: 1(888)808-6959 with Conference (11) FS. Code: “3457501149”. LAW IMPLEMENTED: 265.284, 265.286, 286.011, 286.012 Pursuant to the provisions of the Americans with Disabilities FS. Act, any person requiring special accommodations to IF REQUESTED IN WRITING AND NOT DEEMED participate in this workshop/meeting is asked to advise the UNNECESSARY BY THE AGENCY HEAD, A RULE agency at least 7 days before the workshop/meeting by DEVELOPMENT WORKSHOP WILL BE HELD AT THE contacting: Steven Hall, Attorney, by email at DATE, TIME AND PLACE SHOWN BELOW: “[email protected]” or by phone DATE AND TIME: Monday, November 28, 2011, 9:30 a.m. (850)245-1000. If you are hearing or speech impaired, please PLACE: Division of Cultural Affairs, R. A. Gray Building, 3rd contact the agency using the Florida Relay Service, Floor, Room 302A, 500 South Bronough Street, Tallahassee, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Florida 32399-0250 THE PERSON TO BE CONTACTED REGARDING THE Pursuant to the provisions of the Americans with Disabilities PROPOSED RULE DEVELOPMENT AND A COPY OF Act, any person requiring special accommodations to THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Steven participate in this workshop/meeting is asked to advise the Hall, Attorney, Department of Agriculture and Consumer agency at least 7 days before the workshop/meeting by Services by email at “[email protected]” or contacting: Donald R. Blancett, Division of Cultural Affairs, by phone (850)245-1000 R. A. Gray Building, 3rd Floor, 500 South Bronough Street, THE PRELIMINARY TEXT OF THE PROPOSED RULE Tallahassee, Florida 32399-0250. If you are hearing or speech DEVELOPMENT IS NOT AVAILABLE. impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DEPARTMENT OF HIGHWAY SAFETY AND MOTOR THE PERSON TO BE CONTACTED REGARDING THE VEHICLES PROPOSED RULE DEVELOPMENT AND A COPY OF Division of Motor Vehicles THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donald RULE NO.: RULE TITLE: R. Blancett, Division of Cultural Affairs, R. A. Gray Building, 15C-20.001 Derelict Motor Vehicle Electronic 3rd Floor, 500 South Bronough Street, Tallahassee, Florida Application and Notification 32399-0250 PURPOSE AND EFFECT: To establish electronic notification THE PRELIMINARY TEXT OF THE PROPOSED RULE systems for salvage motor vehicle dealers and secondary DEVELOPMENT IS NOT AVAILABLE. metals recyclers on salvage and derelict motor vehicles; establish fees for such system.
Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 3729 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
SUBJECT AREA TO BE ADDRESSED: Reporting with the Commission. Rule 25-4.0341, F.A.C., would offer requirements for salvage and derelict motor vehicles and limited guidance to telecommunications companies choosing mobile homes relating to the titles of motor vehicles or mobile to file service schedules with the Commission. Undocketed. homes and associated fees. SUBJECT AREA TO BE ADDRESSED: Telecommunications RULEMAKING AUTHORITY: 319.30(8)(a) FS. utility regulation. LAW IMPLEMENTED: 319.30(2)(c)2., 319.30(7)(a)4.b, RULEMAKING AUTHORITY: 350.127, 364.01 FS. 319.30(8) FS. LAW IMPLEMENTED: 364.01, 364.04, 364.163 FS. IF REQUESTED IN WRITING AND NOT DEEMED A RULE DEVELOPMENT WORKSHOP WILL BE HELD UNNECESSARY BY THE AGENCY HEAD, A RULE AT THE DATE, TIME AND PLACE SHOWN BELOW: DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE AND TIME: Monday, December 5, 2011, 1:30 p.m. DATE, TIME AND PLACE SHOWN BELOW: PLACE: Betty Easley Conference Center, Room 148, 4075 DATE AND TIME: Thursday, December 15, 2011, 2:00 p.m., Esplanade Way, Tallahassee, FL EST One or more Commissioners may be in attendance and PLACE: 2900 Apalachee Parkway, Neil Kirkman Building, participate in the workshop. In accordance with the Americans Room A427, Tallahassee, Florida 32399 with Disabilities Act, persons requiring a special Pursuant to the provisions of the Americans with Disabilities accommodation to participate at this workshop should contact Act, any person requiring special accommodations to the Office of Commission Clerk no later than five days prior to participate in this workshop/meeting is asked to advise the the workshop at 2540 Shumard Oak Boulevard, Tallahassee, agency at least 5 days before the workshop/meeting by Florida 32399-0850, via 1(800)955-8770 (Voice) or contacting: Selma Sauls, Government Operations Consultant I, 1(800)955-8771 (TDD), Florida Relay Service. 2900 Apalachee Parkway, Tallahassee Florida 32399, THE PERSON TO BE CONTACTED REGARDING THE [email protected] (850)617-3001. If you are hearing or PROPOSED RULE DEVELOPMENT AND A COPY OF speech impaired, please contact the agency using the Florida THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rosanne Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Gervasi, Florida Public Service Commission, Office of the (Voice). General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL THE PERSON TO BE CONTACTED REGARDING THE 32399-0850, (850)413-6224, [email protected]. The PROPOSED RULE DEVELOPMENT AND A COPY OF agenda for the workshop and a copy of the preliminary draft of THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Selma the proposed rule amendment will be available on the Sauls, Government Operations Consultant I, 2900 Apalachee Commission’s website, www.floridapsc.com, after November Parkway, Tallahassee Florida 32399, [email protected] 15, 2011 (850)617-3001 THE PRELIMINARY TEXT OF THE PROPOSED RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM DEVELOPMENT IS NOT AVAILABLE. THE CONTACT PERSON LISTED ABOVE.
PUBLIC SERVICE COMMISSION PUBLIC SERVICE COMMISSION RULE NOS.: RULE TITLES: RULE NOS.: RULE TITLES: 25-4.034 Tariffs 25-4.083 Preferred Carrier Freeze. 25-4.0341 Filing of Service Schedules 25-4.118 Local, Local Toll, or Toll Provider PURPOSE AND EFFECT: Rule 25-4.034, F.A.C., would be Selection. amended and Rule 25-4.0341, F.A.C., would be added to PURPOSE AND EFFECT: Rule 25-4.083, F.A.C., would be comply with recent changes to Section 364.04(1), F.S., which repealed and the substance of Rule 25-4.083, F.A.C., would be permits telecommunications companies the option of filing incorporated into Rule 25-4.118, F.A.C. Rule 25-4.118, F.A.C., published service schedules either with the Commission or would be amended to comply with recent changes to Section through other reasonably publicly accessible means, including 364.16(5), F.S., relating to unauthorized changes of a on a website, and which provides that the Commission shall subscriber’s local telecommunications service and preferred have no jurisdiction over the content or form or format of such carrier freezes and to incorporate the substance of Rule published schedules. Rule 25-4.034, F.A.C., would require 25-4.083, F.A.C. The amendments to Rule 25-4.118, F.A.C., local exchange telecommunications companies to maintain would be consistent with the Telecommunications Act of 1996, tariffs on file with the Commission setting forth all intrastate provide for specific verification methods, provide for rates, terms and conditions for network access services subscriber notification regarding a preferred carrier freeze at pursuant to Section 364.163, F.S., and would otherwise no charge, allow for a subscriber’s change to be considered simplify requirements when schedules or tariffs are published valid if verification is performed consistent with Commission
3730 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 rules, and provide remedies for violations of the rule and allow IF REQUESTED IN WRITING AND NOT DEEMED for the imposition of other penalties available under Chapter UNNECESSARY BY THE AGENCY HEAD, A RULE 364, F.S. Undocketed. DEVELOPMENT WORKSHOP WILL BE NOTICED IN SUBJECT AREA TO BE ADDRESSED: Telecommunications THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE utility regulation. WEEKLY. RULEMAKING AUTHORITY: 350.127, 364.01, 364.16(5) THE PERSON TO BE CONTACTED REGARDING THE FS. PROPOSED RULE DEVELOPMENT AND A COPY OF LAW IMPLEMENTED: 364.01, 364.16(5), 364.285 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kathryn A RULE DEVELOPMENT WORKSHOP WILL BE HELD G. W. Cowdery, Florida Public Service Commission, Office of AT THE DATE, TIME AND PLACE SHOWN BELOW: the General Counsel, 2540 Shumard Oak Blvd., Tallahassee, DATE AND TIME: Monday, December 5, 2011, 9:30 a.m. FL 32399-0850, (850)413-6216, [email protected] PLACE: Betty Easley Conference Center, Room 148, 4075 THE PRELIMINARY TEXT OF THE PROPOSED RULE Esplanade Way, Tallahassee, FL DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON ABOVE. One or more Commissioners may be in attendance and participate in the workshop. In accordance with the Americans PUBLIC SERVICE COMMISSION with Disabilities Act, persons requiring a special accommodation to participate at this workshop should contact RULE NOS.: RULE TITLES: the Office of Commission Clerk no later than five days prior to 25-7.059 Use of Meters the workshop at 2540 Shumard Oak Boulevard, Tallahassee, 25-7.060 Location of Meters and Associated Florida 32399-0850, via 1(800)955-8770 (Voice) or Appurtenances 1(800)955-8771 (TDD), Florida Relay Service. 25-7.061 Meter Testing Equipment THE PERSON TO BE CONTACTED REGARDING THE 25-7.062 Meter Test Records PROPOSED RULE DEVELOPMENT AND A COPY OF 25-7.064 Periodic Meter Tests THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rosanne 25-7.065 Meter Test by Request Gervasi, Florida Public Service Commission, Office of the 25-7.066 Meter Test – Referee General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 25-7.070 Sealing Meters 32399-0850, (850)413-6224, [email protected]. The 25-7.071 Measuring Customer Service agenda for the workshop and a copy of the preliminary draft of 25-7.084 Meter Readings the proposed rule amendment will be available on the PURPOSE AND EFFECT: Rule 25-7.059, F.A.C., would be Commission’s website, www.floridapsc.com, after November clarified to accurately describe the “pressure control” function; 15, 2011 Rule 25-7.060 would be amended to delete obsolete meter locating requirements; Rule 25-7.061, F.A.C., would be THE PRELIMINARY TEXT OF THE PROPOSED RULE amended to delete obsolete meter-testing technology language; DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM Rule 25-7.062 would be amended to remove obsolete language THE CONTACT PERSON LISTED ABOVE. and to clarify language; Rule 25-7.064, F.A.C., language would be amended for accuracy and clarification; Rule PUBLIC SERVICE COMMISSION 25-7.065 would be amended to add allowable methods of test RULE NOS.: RULE TITLES: request and to add clarifying language; Rule 25-7.066, F.A.C., 25-6.019 Notification of Accidents would be amended to add clarifying language; Rule 25-7.070, 25-6.0345 Safety Standards for Construction of F.A.C., would be amended to update terminology; Rule new Transmission and Distribution 25-7.071, F.A.C., would be amended to delete unnecessary Facilities language; Rule 25-7.084, F.A.C., would be amended to remove 25-6.060 Meter Test – Referee obsolete language and to add clarifying language. Undocketed. PURPOSE AND EFFECT: To repeal Rule 25-6.019, F.A.C., to SUBJECT AREA TO BE ADDRESSED: The rules address eliminate duplication and conflict with other rules; to amend the use of meters, location of meters and associated Rule 25-6.0345, F.A.C., to update property damage reporting appurtenance, meter testing equipment, meter test records, requirement; and to change the title of Rule 25-6.060, F.A.C., periodic meter tests, meter test by request, meter test-referee, for accuracy and clarification. Undocketed. sealing meters, measuring customer service, and meter SUBJECT AREA TO BE ADDRESSED: The rule addresses readings. electric utility requirements concerning notification of RULEMAKING AUTHORITY: 350.127(2), 366.05(1) FS. accidents, safety standards for construction on new LAW IMPLEMENTED: 366.03, 366.05(1), (3), (4), (5) FS. transmission and distribution facilities, and meter tests. RULEMAKING AUTHORITY: 350.127(2), 366.05(1) FS. LAW IMPLEMENTED: 366.04(2)(f), (6), 366.05(1), (3) FS.
Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 3731 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
IF REQUESTED IN WRITING AND NOT DEEMED THE PRELIMINARY TEXT OF THE PROPOSED RULE UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE CONTACT PERSON ABOVE. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY. PUBLIC SERVICE COMMISSION THE PERSON TO BE CONTACTED REGARDING THE RULE NO.: RULE TITLE: PROPOSED RULE DEVELOPMENT AND A COPY OF 25-24.825 Price List THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kathryn PURPOSE AND EFFECT: Rule 25-24.825, F.A.C., would be G. W. Cowdery repealed to comply with recent changes to Section 364.04(1), THE PRELIMINARY TEXT OF THE PROPOSED RULE F.S., which permits telecommunications companies the option DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM of filing published service schedules either with the THE CONTACT PERSON LISTED ABOVE. Commission or through other reasonably publicly accessible means, including on a website, and which provides that the PUBLIC SERVICE COMMISSION Commission shall have no jurisdiction over the content or form RULE NOS.: RULE TITLES: or format of such published schedules. Undocketed. 25-12.005 Codes and Standards Adopted SUBJECT AREA TO BE ADDRESSED: Telecommunications 25-12.008 New, Reconstructed or Converted utility regulation. Facilities RULEMAKING AUTHORITY: 350.127, 364.01 FS. 25-12.027 Welder Qualifications LAW IMPLEMENTED: 364.01, 364.04 FS. 25-12.052 Criteria for Cathodic Protection of A RULE DEVELOPMENT WORKSHOP WILL BE HELD Buried or Submerged Steel, Cast AT THE DATE, TIME AND PLACE SHOWN BELOW: Iron, and Ductile Iron Pipeline DATE AND TIME: Monday, December 5, 2011, 1:30 p.m. 25-12.082 Construction Notice PLACE: Betty Easley Conference Center, Room 148, 4075 PURPOSE AND EFFECT: Rule 25-12.005, F.A.C., would be Esplanade Way, Tallahassee, FL amended to adopt the most current applicable Code of Federal One or more Commissioners may be in attendance and Regulation sections for natural gas pipelines; Rule 25-12.008, participate in the workshop. In accordance with the Americans F.A.C., would be amended to delete obsolete requirements and with Disabilities Act, persons requiring a special to reflect the adoption of the most current applicable C.F.R. accommodation to participate at this workshop should contact section; Rule 25-12.027, F.A.C., would be amended to reflect the Office of Commission Clerk no later than five days prior to the adoption of the most current applicable C.F.R. section; the workshop at 2540 Shumard Oak Boulevard, Tallahassee, Rule 25-12.052, F.A.C., would be amended to remove obsolete Florida 32399-0850, via 1(800)955-8770 (Voice) or language and to reflect the adoption of the most current 1(800)955-8771 (TDD), Florida Relay Service. applicable C.F.R. section; Rule 25-12.082, F.A.C., would be THE PERSON TO BE CONTACTED REGARDING THE amended to specify the timeframe within which major pipeline PROPOSED RULE DEVELOPMENT AND A COPY OF construction or alternation notification must be given to the THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rosanne Commission. Gervasi, Florida Public Service Commission, Office of the Undocketed General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL SUBJECT AREA TO BE ADDRESSED: Safety of gas 32399-0850, (850)413-6224, [email protected]. The transportation by pipeline. agenda for the workshop and a copy of the preliminary draft of RULEMAKING AUTHORITY: 350.127(2), 368.05(2), the proposed rule amendment will be available on the FS.\LAW IMPLEMENTED: 38.03, 368.05(2) FS. Commission’s website, www.floridapsc.com, after November IF REQUESTED IN WRITING AND NOT DEEMED 15, 2011 UNNECESSARY BY THE AGENCY HEAD, A RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE CONTACT PERSON LISTED ABOVE. WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF CORRECTIONS PROPOSED RULE DEVELOPMENT AND A COPY OF RULE NO.: RULE TITLE: THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kathryn 33-302.104 Correctional Probation Officers G. W. Cowdery, Office of General Counsel, 2540 Shumard Oak Carrying Firearms Blvd., Tallahassee, FL 32399-0850, (850)413-6216, PURPOSE AND EFFECT: The purpose and effect of the [email protected] proposed rule is to clarify what type of holster is required of probation officers who carry firearms.
3732 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
SUBJECT AREA TO BE ADDRESSED: Probation officers’ owned isolated wetland or other surface water less than firearms. one-half acre in size and for which mitigation is not required. RULEMAKING AUTHORITY: 944.09 FS. Under Section 3.2.2.2 of the District’s Environmental Resource LAW IMPLEMENTED: 20.315, 790.06 FS. Permitting Information Manual Part B, Basis of Review, IF REQUESTED IN WRITING AND NOT DEEMED alterations to wholly owned ponds constructed entirely in UNNECESSARY BY THE AGENCY HEAD, A RULE uplands and less than one acre in size do not require mitigation DEVELOPMENT WORKSHOP WILL BE NOTICED IN to offset any adverse impacts to fish and wildlife. Accordingly, THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE the proposed amendment will exclude activities in wholly WEEKLY. owned ponds up to one acre in size that are constructed entirely THE PERSON TO BE CONTACTED REGARDING THE in uplands and for which mitigation is not required from the PROPOSED RULE DEVELOPMENT AND A COPY OF general permit threshold of one acre of activities in wetlands or THE PRELIMINARY DRAFT IS: Kendra Jowers, 501 South other surface waters. The effect will be to reduce unnecessary Calhoun Street, Tallahassee, Florida 32399-2500 regulatory burdens and achieve other streamlining benefits for the regulated public when proposed activities involve wetlands THE PRELIMINARY TEXT OF THE PROPOSED RULE and other surface waters. DEVELOPMENT IS: SUBJECT AREA TO BE ADDRESSED: General Environmental Resource Permits. 33-302.104 Correctional Probation Officers Carrying RULEMAKING AUTHORITY: 373.044, 373.113, 373.118 Firearms. FS. (1) through (3) No change. LAW IMPLEMENTED: 373.079(4)(a), 373.083(5), 373.413, (4) Carrying a Firearm While on Duty. 373.414, 373.416, 373.419 FS. (a) Officers who elect to carry a firearm and who receive IF REQUESTED IN WRITING AND NOT DEEMED Department authorization to carry a firearm, are authorized to UNNECESSARY BY THE AGENCY HEAD, A RULE carry the firearm, in accordance with Department standards, DEVELOPMENT WORKSHOP WILL BE NOTICED IN only while on duty conducting field supervision and THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE investigation. The firearm shall be carried in a holster about the WEEKLY. waist. All holsters that secure the firearm about the waist shall Pursuant to the provisions of the Americans with Disabilities be of a type which secures the firearm with a thumb break Act, any person requiring special accommodations to retainer. Only the authorized firearm may be carried. participate in this workshop/meeting is asked to advise the (b) through (5) No change. agency at least 5 days before the workshop/meeting by (6) Firearm Type, Holsters, and Ammunition. contacting: The Southwest Florida Water Management District (a) Correctional probation officers are authorized to carry Human Resources Director, 2379 Broad Street, Brooksville, only department approved firearms, holsters, ammunition and Florida 34604-6899; telephone (352)796-7211, ext. 4702 or reloading devices. 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) (b) through (11) No change. 1(800)231-6103; or email to ADACoordinator@swfwmd. Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, state.fl.us. If you are hearing or speech impaired, please 790.06 FS. History–New 5-28-86, Amended 7-7-92, 12-20-92, contact the agency using the Florida Relay Service, 3-30-94, 9-27-94, 12-19-94, 3-8-95, 2-15-98, Formerly 33-24.013, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Amended 3-4-01, 12-4-01, 8-13-03, 6-24-04, 7-13-05, 3-27-08, THE PERSON TO BE CONTACTED REGARDING THE ______. PROPOSED RULE DEVELOPMENT AND A COPY OF WATER MANAGEMENT DISTRICTS THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Martinez, Office of General Counsel, 2379 Broad Street, Southwest Florida Water Management District Brooksville, FL 34604-6899, (352)796-7211, extension 4660 RULE NO.: RULE TITLE: (OGC#2011051) 40D-40.302 Conditions for Issuance of General THE PRELIMINARY TEXT OF THE PROPOSED RULE Permits DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM PURPOSE AND EFFECT: The purpose of this rulemaking is THE CONTACT PERSON LISTED ABOVE. to clarify the threshold for general environmental resource permits when activities are proposed to occur in, on or over DEPARTMENT OF BUSINESS AND PROFESSIONAL wetlands and other surface waters. Under current rule REGULATION language, one of the thresholds for a general permit is activity in, on or over wetlands and other surface waters must be Board of Accountancy limited to one acre or less. Excluded from the calculation of RULE NO.: RULE TITLE: this one-acre limit are upland-cut ditches and any wholly 61H1-27.001 College or University Requirements
Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 3733 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
PURPOSE AND EFFECT: The Board proposes the rule DEPARTMENT OF HEALTH amendment to add Hong Kong to a list of countries with Board of Massage Board-approved college or university accounting programs to RULE NO.: RULE TITLE: mirror the recent recognition by the U.S. International 64B7-26.001 Definitions Qualifications Appraisal Board. PURPOSE AND EFFECT: The Board proposes this rule SUBJECT AREA TO BE ADDRESSED: College or amendment to delete a rule subsection that repeats the University Requirements. language of the statute. RULEMAKING AUTHORITY: 473.304, 473.306 FS. SUBJECT AREA TO BE ADDRESSED: Definitions. LAW IMPLEMENTED: 473.306 FS. RULEMAKING AUTHORITY: 480.035(7) FS. IF REQUESTED IN WRITING AND NOT DEEMED LAW IMPLEMENTED: 480.043(7) 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: Veloria PROPOSED RULE DEVELOPMENT AND A COPY OF A. Kelly, Executive Director, Board of Accountancy, 240 N.W. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony 76th Drive, Suite A, Gainesville, Florida 32607 Jusevitch, Executive Director, Board of Massage THE PRELIMINARY TEXT OF THE PROPOSED RULE Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM Tallahassee, Florida 32399-3256 THE CONTACT PERSON LISTED ABOVE. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM DEPARTMENT OF HEALTH THE CONTACT PERSON LISTED ABOVE. Board of Massage RULE NO.: RULE TITLE: DEPARTMENT OF HEALTH 64B7-24.017 Board Business Board of Massage PURPOSE AND EFFECT: The Board proposes this rule RULE NO.: RULE TITLE: amendment to delete a subsection that contradicts Section 64B7-27.100 Fees 456.011, and a subsection unnecessary because it states a PURPOSE AND EFFECT: The Board proposes this new rule requirement already mandated by statutes. to consolidate the fees into one rule, delete obsolete fees rules SUBJECT AREA TO BE ADDRESSED: Board Business. and reduce the reactivation rule for massage therapists and the RULEMAKING AUTHORITY: 456.011(4) FS. initial licensure fee for massage establishments. LAW IMPLEMENTED: 456.011(4) FS. SUBJECT AREA TO BE ADDRESSED: Fees. IF REQUESTED IN WRITING AND NOT DEEMED RULEMAKING AUTHORITY: 456.013(2), 456.025(1), UNNECESSARY BY THE AGENCY HEAD, A RULE 456.036(7), (8), 456.065(3), 480.035(7), 480.044 FS. DEVELOPMENT WORKSHOP WILL BE NOTICED IN LAW IMPLEMENTED: 456.013(2), 456.025(1), 456.036(4), THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 456.065(3), 480.043(7), 480.044 FS. WEEKLY. IF REQUESTED IN WRITING AND NOT DEEMED THE PERSON TO BE CONTACTED REGARDING THE UNNECESSARY BY THE AGENCY HEAD, A RULE PROPOSED RULE DEVELOPMENT AND A COPY OF DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Jusevitch, Executive Director, Board of Massage WEEKLY. Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, THE PERSON TO BE CONTACTED REGARDING THE Tallahassee, Florida 32399-3256 PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY TEXT OF THE PROPOSED RULE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM Jusevitch, Executive Director, Board of Massage THE CONTACT PERSON LISTED ABOVE. Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256 THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.
3734 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DEPARTMENT OF HEALTH THE PRELIMINARY TEXT OF THE PROPOSED RULE Board of Massage DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM RULE NO.: RULE TITLE: THE CONTACT PERSON LISTED ABOVE. 64B7-28.008 Display of Licenses PURPOSE AND EFFECT: The Board proposes this rule DEPARTMENT OF HEALTH amendment to implement Section 456.072(1)(t), F.S., in a Board of Massage manner that will assist the Department investigators in RULE NO.: RULE TITLE: determining unlicensed practice of massage therapy. 64B7-29.001 Definitions SUBJECT AREA TO BE ADDRESSED: Display of Licenses. PURPOSE AND EFFECT: The Board proposes this rule RULEMAKING AUTHORITY: 480.035(7) FS. amendment to incorporate in the definition of “direct LAW IMPLEMENTED: 456.072(1)(t), 480.043(1) FS. supervision” the generally accepted standard of the boards IF REQUESTED IN WRITING AND NOT DEEMED regulating health care professionals. UNNECESSARY BY THE AGENCY HEAD, A RULE SUBJECT AREA TO BE ADDRESSED: Definitions. DEVELOPMENT WORKSHOP WILL BE NOTICED IN RULEMAKING AUTHORITY: 480.035(7), 480.041(4)(b) THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE FS. WEEKLY. LAW IMPLEMENTED: 480.041(4)(b) FS. THE PERSON TO BE CONTACTED REGARDING THE IF REQUESTED IN WRITING AND NOT DEEMED PROPOSED RULE DEVELOPMENT AND A COPY OF UNNECESSARY BY THE AGENCY HEAD, A RULE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony DEVELOPMENT WORKSHOP WILL BE NOTICED IN Jusevitch, Executive Director, Board of Massage THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, WEEKLY. Tallahassee, Florida 32399-3256 THE PERSON TO BE CONTACTED REGARDING THE THE PRELIMINARY TEXT OF THE PROPOSED RULE PROPOSED RULE DEVELOPMENT AND A COPY OF DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony THE CONTACT PERSON LISTED ABOVE. Jusevitch, Executive Director, Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, DEPARTMENT OF HEALTH Tallahassee, Florida 32399-3256 Board of Massage THE PRELIMINARY TEXT OF THE PROPOSED RULE RULE NO.: RULE TITLE: DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM 64B7-28.0095 Continuing Education for Pro Bono THE CONTACT PERSON LISTED ABOVE. Services PURPOSE AND EFFECT: The Board proposes this rule DEPARTMENT OF HEALTH amendment to incorporate the forms developed for the pro Board of Massage bono method of achieving the required biennial continuing RULE NO.: RULE TITLE: education. 64B7-32.001 Definitions SUBJECT AREA TO BE ADDRESSED: Continuing PURPOSE AND EFFECT: The Board proposes this rule Education for Pro Bono Services. amendment to modify the rule so that courses that are eligible RULEMAKING AUTHORITY: 456.013, 480.0415 FS. for distance learning do not require the physical presence of the LAW IMPLEMENTED: 456.013, 480.0415 FS. instructor. IF REQUESTED IN WRITING AND NOT DEEMED SUBJECT AREA TO BE ADDRESSED: Definitions. UNNECESSARY BY THE AGENCY HEAD, A RULE RULEMAKING AUTHORITY: 480.035(7) FS. DEVELOPMENT WORKSHOP WILL BE NOTICED IN LAW IMPLEMENTED: 480.033(9), 480.041(1)(b) FS. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE IF REQUESTED IN WRITING AND NOT DEEMED WEEKLY. UNNECESSARY BY THE AGENCY HEAD, A RULE THE PERSON TO BE CONTACTED REGARDING THE DEVELOPMENT WORKSHOP WILL BE NOTICED IN PROPOSED RULE DEVELOPMENT AND A COPY OF THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony WEEKLY. Jusevitch, Executive Director, Board of Massage THE PERSON TO BE CONTACTED REGARDING THE Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, PROPOSED RULE DEVELOPMENT AND A COPY OF Tallahassee, Florida 32399-3256 THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony
Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 3735 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Jusevitch, Executive Director, Board of Massage IF REQUESTED IN WRITING AND NOT DEEMED Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, UNNECESSARY BY THE AGENCY HEAD, A RULE Tallahassee, Florida 32399-3256 DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE PRELIMINARY TEXT OF THE PROPOSED RULE THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM WEEKLY. THE CONTACT PERSON LISTED ABOVE. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF DEPARTMENT OF HEALTH THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony Board of Massage Jusevitch, Executive Director, Board of Massage RULE NO.: RULE TITLE: Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, 64B7-32.002 Documentation of Graduation from a Tallahassee, Florida 32399-3256 Board Approved Massage School THE PRELIMINARY TEXT OF THE PROPOSED RULE PURPOSE AND EFFECT: The Board proposes this rule DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM amendment to simplify and reduce the documentation THE CONTACT PERSON LISTED ABOVE. necessary from Board approved massage programs regarding the documentation for the programs’ graduates. DEPARTMENT OF HEALTH SUBJECT AREA TO BE ADDRESSED: Proof of Graduation. Prescription Drug Monitoring Program RULEMAKING AUTHORITY: 480.035(7) FS. RULE NO.: RULE TITLE: LAW IMPLEMENTED: 480.033(9), 480.041(1)(b) FS. 64K-1.007 Indicators of Substance Abuse IF REQUESTED IN WRITING AND NOT DEEMED PURPOSE AND EFFECT: The Department determined that a UNNECESSARY BY THE AGENCY HEAD, A RULE new rule is needed to implement the statute requiring the DEVELOPMENT WORKSHOP WILL BE NOTICED IN program manager to work with the stakeholders to develop a THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE rule to identify the indicators of controlled substance abuse. WEEKLY. SUBJECT AREA TO BE ADDRESSED: Indicators of THE PERSON TO BE CONTACTED REGARDING THE Substance Abuse. PROPOSED RULE DEVELOPMENT AND A COPY OF RULEMAKING AUTHORITY: 893.055 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anthony LAW IMPLEMENTED: 893.055 FS. Jusevitch, Executive Director, Board of Massage A RULE DEVELOPMENT WORKSHOP WILL BE HELD Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, AT THE DATE, TIME AND PLACE SHOWN BELOW: Tallahassee, Florida 32399-3256 DATE AND TIME: December 1, 2011, 9:00 a.m. THE PRELIMINARY TEXT OF THE PROPOSED RULE PLACE: Orlando Airport Marriott, 7499 Augusta National DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM Drive, Orlando, Florida 32822 THE CONTACT PERSON LISTED ABOVE. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to DEPARTMENT OF HEALTH participate in this workshop/meeting is asked to advise the Board of Massage agency at least 5 days before the workshop/meeting by RULE NO.: RULE TITLE: contacting: telephone number (850)245-4292. If you are 64B7-32.003 Minimum Requirements for Board hearing or speech impaired, please contact the agency using the Approved Massage Schools Florida Relay Service, 1(800)955-8771 (TDD) or PURPOSE AND EFFECT: The Board proposes this rule 1(800)955-8770 (Voice). amendment to establish a standard for success on the approved THE PERSON TO BE CONTACTED REGARDING THE national examinations in order to assist Florida citizens in PROPOSED RULE DEVELOPMENT AND A COPY OF achieving licensure after substantial expenditure in completing THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rebecca the required education and deletes documentation not needed R. Poston, BPharm, RPh., Program Manager, 4052 Bald for review of the program. Cypress Way, Bin #C-16, Tallahassee, Florida 32399, SUBJECT AREA TO BE ADDRESSED: Minimum telephone number (850)245-4797 Requirements for Board Approved Massage Schools. THE PRELIMINARY TEXT OF THE PROPOSED RULE RULEMAKING AUTHORITY: 480.035(7) FS. DEVELOPMENT IS NOT AVAILABLE. LAW IMPLEMENTED: 480.033(9), 480.041(1)(b) FS.
3736 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
FISH AND WILDLIFE CONSERVATION IF REQUESTED IN WRITING AND NOT DEEMED COMMISSION UNNECESSARY BY THE AGENCY HEAD, A RULE RULE NO.: RULE TITLE: DEVELOPMENT WORKSHOP WILL BE NOTICED IN 68A-4.009 Florida Black Bear THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE PURPOSE AND EFFECT: As required by paragraph WEEKLY. 68A-27.0012(3)(a), F.A.C., the Florida black bear has been THE PERSON TO BE CONTACTED REGARDING THE evaluated under the listing criteria. The Commission is PROPOSED RULE DEVELOPMENT AND A COPY OF considering removing the Florida black bear from the THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kelly State-designated Threatened species list. This rule would Samek, Senior Attorney, Florida Fish and Wildlife provide for prohibitions, permitting, and agency activities Conservation Commission, 620 South Meridian Street, concerning the Florida black bear subsequent to its removal Tallahassee, Florida 32399 (phone: (850)487-1764) from the State-designated Threatened species list. THE PRELIMINARY TEXT OF THE PROPOSED RULE SUBJECT AREA TO BE ADDRESSED: Regulations DEVELOPMENT IS AVAILABLE BY REQUEST (see concerning the Florida black bear subsequent to its removal above). from the State-designated Threatened species list. RULEMAKING AUTHORITY: Art. IV, Sec. 9, Fla. Const. Section II LAW IMPLEMENTED: Art. IV., Sec. 9, Fla. Const., 379.1025 Proposed Rules FS. IF REQUESTED IN WRITING AND NOT DEEMED DEPARTMENT OF CORRECTIONS UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN RULE NO.: RULE TITLE: THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 33-601.721 Visiting Operations WEEKLY. PURPOSE AND EFFECT: The purpose and effect of the THE PERSON TO BE CONTACTED REGARDING THE proposed rulemaking is to remove reference to smoking. PROPOSED RULE DEVELOPMENT AND A COPY OF SUMMARY: The proposed rule is amended to clarify that THE PRELIMINARY DRAFT, IF AVAILABLE, IS: David tobacco use by visitors is not permitted. Telesco, Bear Management Program, Florida Fish and Wildlife SUMMARY OF STATEMENT OF ESTIMATED Conservation Commission, 620 South Meridian Street, REGULATORY COSTS AND LEGISLATIVE Tallahassee, Florida 32399 (phone: (850)922-4330) RATIFICATION: THE PRELIMINARY TEXT OF THE PROPOSED RULE The Agency has determined that this will not have an adverse DEVELOPMENT IS AVAILABLE FROM THE FLORIDA impact on small business or likely increase directly or FISH AND WILDLIFE CONSERVATION COMMISSION indirectly regulatory costs in excess of $200,000 in the WEBSITE, http://www.MyFWC.com/Bear. Look under Read aggregate within one year after the implementation of the rule. the Draft Bear Management Plan; the proposed rule language A SERC has not been prepared by the agency. is in Appendix V. Based on information provided by the Bureau of Classification and Central Records, the changes only affect internal FISH AND WILDLIFE CONSERVATION operations and will not require legislative ratification. COMMISSION Any person who wishes to provide information regarding a RULE NO.: RULE TITLE: statement of estimated regulatory costs, or provide a proposal 68A-27.003 Designation of Endangered Species; for a lower cost regulatory alternative must do so in writing Prohibitions within 21 days of this notice. PURPOSE AND EFFECT: As required by paragraph RULEMAKING AUTHORITY: 944.09 FS. 68A-27.0012(3)(a), F.A.C., the Florida black bear has been LAW IMPLEMENTED: 944.09, 944.23, 944.8031 FS. evaluated under the listing criteria. The Commission is IF REQUESTED WITHIN 21 DAYS OF THE DATE OF considering removing the Florida black bear from the THIS NOTICE, A HEARING WILL BE SCHEDULED AND State-designated Threatened species list. The effect of this rule ANNOUNCED IN THE FAW. would be to remove the Florida black bear from the THE PERSON TO BE CONTACTED REGARDING THE State-designated Threatened species list. PROPOSED RULE IS: Kendra Lee Jowers, 501 South SUBJECT AREA TO BE ADDRESSED: Regulations Calhoun Street, Tallahassee, Florida 32399-2500 concerning the Florida black bear. RULEMAKING AUTHORITY: Art. IV, Sec. 9, Fla. Const. THE FULL TEXT OF THE PROPOSED RULE IS: LAW IMPLEMENTED: Art. IV., Sec. 9, Fla. Const.
Section II - Proposed Rules 3737 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
33-601.721 Visiting Operations. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (1) through (6) No change. THIS NOTICE, A HEARING WILL BE SCHEDULED AND (7) Smoking shall be permitted only in an outdoor ANNOUNCED IN THE FAW. smoking area designated by the warden. THE PERSON TO BE CONTACTED REGARDING THE (8) through (11) renumbered (7) through (10) No change. PROPOSED RULE IS: Kendra Jowers, 501 South Calhoun (11) Neither inmates nor visitors, including death row Street, Tallahassee, Florida 32399-2500 inmates and their visitors, shall be permitted to possess or use THE FULL TEXT OF THE PROPOSED RULE IS: tobacco products as defined in Section 944.115(2)(d), F.S., during visitation. 33-601.800 Close Management. Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented (1) through (15) No change. 944.09, 944.115, 944.23, 944.8031 FS. History–New 11-18-01, (16) Review of Close Management. Amended 5-27-02, 9-16-03, 7-17-07,______. (a) through (f) No change. Editorial Note: Formerly 33-601.708, F.A.C. (g) Before an inmate is released from CM, written authorization must be obtained by the SCO from the regional NAME OF PERSON ORIGINATING PROPOSED RULE: director if any of the following apply; Russell Hosford, Assistant Secretary of Institutions 1. The inmate has been convicted, regardless of whether NAME OF AGENCY HEAD WHO APPROVED THE adjudication is withheld, of any assault or battery, or any PROPOSED RULE: Kenneth Tucker, Secretary attempted assault or battery, that constitutes a felony on a staff DATE PROPOSED RULE APPROVED BY AGENCY member; HEAD: July 22, 2011 2. The inmate has an active detainer as a result of any DATE NOTICE OF PROPOSED RULE DEVELOPMENT assault or battery, or any attempted assault or battery, that PUBLISHED IN FAW: May 27, 2011 constitutes a felony on a staff member; or 3. The inmate is confined under the Interstate Corrections DEPARTMENT OF CORRECTIONS Compact and has been convicted, regardless of whether RULE NO.: RULE TITLE: adjudication is withheld, of any assault or battery, or any 33-601.800 Close Management attempted assault or battery, that constitutes a felony on a staff PURPOSE AND EFFECT: The purpose and effect of the member in the state from which he transferred. proposed rule is to clarify that for inmates who have committed Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. certain offenses such as assault or battery against staff, the History–New 2-1-01, Amended 12-16-01, 4-8-04, 3-10-05, 4-9-06, regional director shall provide written authorization prior to 8-23-07, 4-27-08, 6-28-10, 3-9-11, 7-31-11,______. release of such inmates from close management. Editorial Note: Formerly 33-601.801-.813, substantially amended SUMMARY: The rule is clarified to state that inmates who February 1, 2001. have committed offenses such as assault or battery against staff, the regional director shall provide authorization for NAME OF PERSON ORIGINATING PROPOSED RULE: release from close management. Russell Hosford, Assistant Secretary of Institutions SUMMARY OF STATEMENT OF ESTIMATED NAME OF AGENCY HEAD WHO APPROVED THE REGULATORY COSTS AND LEGISLATIVE PROPOSED RULE: Kenneth Tucker, Secretary RATIFICATION: DATE PROPOSED RULE APPROVED BY AGENCY The Agency has determined that this will not have an adverse HEAD: September 6, 2011 impact on small business or likely increase directly or DATE NOTICE OF PROPOSED RULE DEVELOPMENT indirectly regulatory costs in excess of $200,000 in the PUBLISHED IN FAW: September 16, 2010 aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. DEPARTMENT OF BUSINESS AND PROFESSIONAL Based on information provided by the Bureau of Security REGULATION Operations, the rule change only affects internal operations and Division of Hotels and Restaurants will not require legislative ratification. RULE NO.: RULE TITLE: Any person who wishes to provide information regarding a 61C-1.008 License Fees statement of estimated regulatory costs, or provide a proposal PURPOSE AND EFFECT: The purpose and effect of the for a lower cost regulatory alternative must do so in writing proposed rule development is to reduce the fee charged to within 21 days of this notice. process a variance request to zero; to repeal language that RULEMAKING AUTHORITY: 944.09 FS. duplicates statutory requirements as identified in the rule LAW IMPLEMENTED: 944.09 FS.
3738 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 review completed under Executive Order 11-01; and to change the annual renewal period or more than 6 months prior to the resort license classifications to vacation rentals, as renamed by next such renewal period, and one-half of the fee if application Chapter 2011-119, Laws of Florida. is made 6 months or less prior to such period. SUMMARY: The proposed rule removes language that (3)(4) Amount of License Fee – Public Lodging duplicates statutory requirements, replaces the license Establishment. The license fee to conduct a public lodging classification of “resort condominiums” and “resort dwellings” establishment shall be in accordance with the following with “vacation rentals”, identifies vacation rentals as schedule exclusive of the categories of fee adjustments set condominiums and dwellings for licensing purposes, and forth in subsections 61C-1.008(1) and (3), F.A.C.: reduces the fee for a variance request to $0. (a) TRANSIENT LODGING/EXCLUDING OTHER RULES INCORPORATING THIS RULE: None. TRANSIENT APARTMENTS AND VACATION RENTALS EFFECT ON THOSE OTHER RULES: N/A RESORT CONDOMINIUMS AND DWELLINGS. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE NUMBER OF BASIC INCREMENTAL HEP TOTAL RATIFICATION: UNITS FEE UNIT FEE FEE FEE The Agency has determined that this will not have an adverse SINGLE UNIT $170 $10 $10 $190 2-25 $170 $20 $10 $200 impact on small business or likely increase directly or 26-50 $170 $35 $10 $215 indirectly regulatory costs in excess of $200,000 in the 51-100 $170 $50 $10 $230 101-200 $170 $75 $10 $255 aggregate within one year after the implementation of the rule. 201-300 $170 $105 $10 $285 A SERC has not been prepared by the agency. 301-400 $170 $135 $10 $315 401-500 $170 $160 $10 $340 The Agency has determined that the proposed rule is not OVER 500 $170 $190 $10 $370 expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is (b) No change. required, the information expressly relied upon and described (c) VACATION RENTALS RESORT CONDOMINIUMS herein: the economic review conducted by the agency. AND RESORT DWELLINGS. Any person who wishes to provide information regarding a 1. Vacation rentals may be classified as a Resort statement of estimated regulatory costs, or provide a proposal condominium or and resort dwelling and licenses may be for a lower cost regulatory alternative must do so in writing classified as either single, or collective or group, as defined in within 21 days of this notice. Rule 61C-1.002, F.A.C. RULEMAKING AUTHORITY: 509.032, 509.251 FS. 2. Fees for renewal shall be based on the number of LAW IMPLEMENTED: 509.013, 509.032, 509.251, 509.302 existing units under license at the time of the renewal period. FS. Unless timely notification of additions or deletions of units in a IF REQUESTED WITHIN 21 DAYS OF THE DATE OF group or collective license is given to the division, as set forth THIS NOTICE, A HEARING WILL BE SCHEDULED AND in sub-subparagraph 61C-1.002(4)(c)5.c., F.A.C., the fee for ANNOUNCED IN THE FAW. renewal shall be based upon the number of units under license THE PERSON TO BE CONTACTED REGARDING THE when the license was either issued or last renewed, whichever PROPOSED RULE IS: Michelle Comingore, Operations is most recent. Review Specialist, Division of Hotels and Restaurants, 3.a. VACATION RENTALS RESORT Department of Business and Professional Regulation, 1940 CONDOMINIUMS AND DWELLINGS/COLLECTIVE North Monroe St., Tallahassee, FL 32399-1011, Telephone: LICENSE. (850)488-1133, E-Mail: [email protected] BASIC FEE PER UNIT FEE HEP FEE TOTAL FEE $150 $10 $10 VARIES THE FULL TEXT OF THE PROPOSED RULE IS: b. VACATION RENTALS RESORT CONDOMINIUMS 61C-1.008 License Fees. AND DWELLINGS /GROUP AND SINGLE LICENSE. (1) No change. NUMBER OF BASIC INCREMENTAL HEP TOTAL (2) The license fee shall be paid to the division before a UNITS FEE UNIT FEE FEE FEE SINGLE UNIT $150 $10 $10 $170 license is issued, and the license fee to be charged shall be 2-25 $150 $20 $10 $180 determined according to the licensing fee schedule in effect at 26-50 $150 $35 $10 $195 51-100 $150 $50 $10 $210 the time an application for a license is received by the division. 101-200 $150 $75 $10 $235 (2)(3) Fractional License Fees. The licensing fee schedule 201-300 $150 $105 $10 $265 301-400 $150 $135 $10 $295 shall require an establishment which applies for an initial 401-500 $150 $160 $10 $320 license to pay the full license fee, if application is made during OVER 500 $150 $190 $10 $350 (d) through (e) No change.
Section II - Proposed Rules 3739 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(4)(5) Amount of License Fee – Public Food Service costs in excess of $200,000 in the aggregate within 1 year after Establishment. The license fee for a public food service implementation of the rule. These rule amendments will not establishment shall be in accordance with the following require ratification by the Legislature. schedule exclusive of the categories of fee adjustments set Any person who wishes to provide information regarding the forth in subsections 61C-1.008(1) and (3), F.A.C.: statement of estimated costs, or to provide a proposal for a (a) through (b) No change. lower regulatory cost alternative must do so in writing within (c) Plan review fees shall be $150; variance review 21 days of this notice. process fees shall be $0.: RULEMAKING AUTHORITY: 119.07(1)(a), 120.53(1), 1. Routine – $150; and 476.064(4) FS. 2. Emergency – $300. LAW IMPLEMENTED: 119.07(1)(a), 120.53(1), 455.205 FS. (5)(6) Delinquency Fees. A license renewal filed with the IF REQUESTED WITHIN 21 DAYS OF THE DATE OF division within 30 days after the expiration date shall be THIS NOTICE, A HEARING WILL BE SCHEDULED AND accompanied by a delinquency fee of $50 in addition to the ANNOUNCED IN THE FAW. renewal fee and any other fees required by law or rule. A THE PERSON TO BE CONTACTED REGARDING THE license renewal filed with the division more than 30 but not PROPOSED RULE IS: Robyn Barineau, Executive Director, more than 60 days after the expiration date shall be Barbers’ Board, 1940 North Monroe Street, Tallahassee, accompanied by a delinquency fee of $100 in addition to the Florida 32399-0750 renewal fee and any other fees required by law or rule. THE FULL TEXT OF THE PROPOSED RULE IS: Rulemaking Specific Authority 509.032(6), 509.251 FS. Law Implemented 509.013, 509.032(2)(e), 509.032(3)(c), 509.251, 61G3-15.006 General Information. 509.302(3) FS. History–New 7-31-79, Revised 9-1-80, Formerly 7C-1.08, Amended 5-10-89, 9-10-89, 10-31-89, 4-3-90, 12-31-90, Rulemaking Specific Authority 119.07(1)(a), 120.53(1), 476.064(4) 9-11-91, 2-27-92, 7-6-92, 8-23-92, 11-4-92, 4-4-93, Formerly FS. Law Implemented 119.07(1)(a), 120.53(1), 455.205 FS. History– 7C-1.008, Amended 9-20-93, 12-22-93, 6-29-95, 10-9-95, 9-25-96, New 7-16-80, Formerly 21C-15.06, 21C-15.006, Amended 10-30-95, 5-11-98, 9-21-00, 9-9-03,______. 2-14-96, 2-11-02, Repealed______.
NAME OF PERSON ORIGINATING PROPOSED RULE: NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Barbers’ Board Department of Business and Professional Regulation NAME OF SUPERVISOR OR PERSON WHO APPROVED NAME OF AGENCY HEAD WHO APPROVED THE THE PROPOSED RULE: Barbers’ Board PROPOSED RULE: Ken Lawson, Secretary, Department of DATE PROPOSED RULE APPROVED BY AGENCY Business and Professional Regulation HEAD: August 8, 2011 DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 24, 2011 DEPARTMENT OF BUSINESS AND PROFESSIONAL DATE NOTICE OF PROPOSED RULE DEVELOPMENT REGULATION PUBLISHED IN FAW: September 2, 2011 Barbers’ Board RULE NO.: RULE TITLE: DEPARTMENT OF BUSINESS AND PROFESSIONAL 61G3-15.015 Guidelines for Disposition of REGULATION Disciplinary Cases or Other Cases Barbers’ Board in Which Substantial Interests are RULE NO.: RULE TITLE: Determined by the Board 61G3-15.006 General Information PURPOSE AND EFFECT: The Board reviewed the rule as PURPOSE AND EFFECT: The Board reviewed the rule as required by Executive Order 11-01 and proposes to repeal the required by Executive Order 11-01 and proposes to repeal the rule as it is duplicative, unnecessarily burdensome, or no rule as it is duplicative, unnecessarily burdensome, or no longer necessary. longer necessary. SUMMARY: As required by Executive Order 11-01, the rule SUMMARY: As required by Executive Order 11-01, the rule was reviewed and is being repealed as it is duplicative, was reviewed and is being repealed as it is duplicative, unnecessarily burdensome, or no longer necessary. unnecessarily burdensome, or no longer necessary. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Board determined that a REGULATORY COST: The Board determined that a Statement of Estimated Regulatory Cost (SERC) was not Statement of Estimated Regulatory Cost (SERC) was not necessary. The Board has determined that this will not have an necessary. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory adverse impact on small business, or likely increase regulatory
3740 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 costs in excess of $200,000 in the aggregate within 1 year after costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendments will not implementation of the rule. These rule amendments will not require ratification by the Legislature. require ratification by the Legislature. Any person who wishes to provide information regarding the Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within lower regulatory cost alternative must do so in writing within 21 days of this notice. 21 days of this notice. RULEMAKING AUTHORITY: 120.53(1) FS. RULEMAKING AUTHORITY: 455.217(1)(d), 120.54(8) FS. LAW IMPLEMENTED: 120.53(1) FS. LAW IMPLEMENTED: 455.217(1)(d) FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, PROPOSED RULE IS: Robyn Barineau, Executive Director, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750 Florida 32399-0750
THE FULL TEXT OF THE PROPOSED RULE IS: THE FULL TEXT OF THE PROPOSED RULE IS:
61G3-15.015 Guidelines for Disposition of Disciplinary 61G3-15.020 Security and Monitoring Procedures for Cases or Other Cases in Which Substantial Interests are Licensure Examination. Determined by the Board. Rulemaking Specific Authority 455.217(1)(d), 120.54(8) FS. Law Rulemaking Specific Authority 120.53(1) FS. Law Implemented Implemented 455.217(1)(d) FS. History–New 4-6-83, Formerly 120.53(1) FS. History–New 7-16-80, Formerly 21C-15.15, Formerly 21C-15.20, Formerly 21C-15.020, Repealed______. 21C-15.015, Repealed______. NAME OF PERSON ORIGINATING PROPOSED RULE: NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board Barbers’ Board NAME OF SUPERVISOR OR PERSON WHO APPROVED NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Barbers’ Board THE PROPOSED RULE: Barbers’ Board DATE PROPOSED RULE APPROVED BY AGENCY DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2011 HEAD: August 8, 2011 DEPARTMENT OF BUSINESS AND PROFESSIONAL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATION Barbers’ Board Barbers’ Board RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 61G3-15.021 Final Orders 61G3-15.020 Security and Monitoring Procedures PURPOSE AND EFFECT: The Board reviewed the rule as for Licensure Examination required by Executive Order 11-01 and proposes to repeal the PURPOSE AND EFFECT: The Board reviewed the rule as rule as it is duplicative, unnecessarily burdensome, or no required by Executive Order 11-01 and proposes to repeal the longer necessary. rule as it is duplicative, unnecessarily burdensome, or no SUMMARY: As required by Executive Order 11-01, the rule longer necessary. was reviewed and is being repealed as it is duplicative, SUMMARY: As required by Executive Order 11-01, the rule unnecessarily burdensome, or no longer necessary. was reviewed and is being repealed as it is duplicative, SUMMARY OF STATEMENT OF ESTIMATED unnecessarily burdensome, or no longer necessary. REGULATORY COST: The Board determined that a SUMMARY OF STATEMENT OF ESTIMATED Statement of Estimated Regulatory Cost (SERC) was not REGULATORY COST: The Board determined that a necessary. The Board has determined that this will not have an Statement of Estimated Regulatory Cost (SERC) was not adverse impact on small business, or likely increase regulatory necessary. The Board has determined that this will not have an costs in excess of $200,000 in the aggregate within 1 year after adverse impact on small business, or likely increase regulatory implementation of the rule. These rule amendments will not require ratification by the Legislature.
Section II - Proposed Rules 3741 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Any person who wishes to provide information regarding the RULEMAKING AUTHORITY: 120.53(2)(b), (c), (4), statement of estimated costs, or to provide a proposal for a 476.064(4) FS. lower regulatory cost alternative must do so in writing within LAW IMPLEMENTED: 120.53(2)(b), (c), (4) FS. 21 days of this notice. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF RULEMAKING AUTHORITY: 120.53(1), 476.064(4) FS. THIS NOTICE, A HEARING WILL BE SCHEDULED AND LAW IMPLEMENTED: 120.52(11), 120.53(1), 476.064(4) ANNOUNCED IN THE FAW. FS. THE PERSON TO BE CONTACTED REGARDING THE IF REQUESTED WITHIN 21 DAYS OF THE DATE OF PROPOSED RULE IS: Robyn Barineau, Executive Director, THIS NOTICE, A HEARING WILL BE SCHEDULED AND Barbers’ Board, 1940 North Monroe Street, Tallahassee, ANNOUNCED IN THE FAW. Florida 32399-0750 THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, THE FULL TEXT OF THE PROPOSED RULE IS: Barbers’ Board, 1940 North Monroe Street, Tallahassee, 61G3-15.022 Designation of Official Reporter. Florida 32399-0750 Rulemaking Specific Authority 120.53(2)(b),(c),(4), 476.064(4) FS. THE FULL TEXT OF THE PROPOSED RULE IS: Law Implemented 120.53(2)(b),(c),(4) FS. History–New 5-29-85, Formerly 21C-15.22, 21C-15.022, Repealed______. 61G3-15.021 Final Orders. NAME OF PERSON ORIGINATING PROPOSED RULE: Rulemaking Specific Authority 120.53(1), 476.064(4) FS. Law Barbers’ Board Implemented 120.52(11), 120.53(1), 476.064(4) FS. History–New 1-10-83, Formerly 21C-15.21, Amended 6-14-93, Formerly NAME OF SUPERVISOR OR PERSON WHO APPROVED 21C-15.021, Repealed______. THE PROPOSED RULE: Barbers’ Board DATE PROPOSED RULE APPROVED BY AGENCY NAME OF PERSON ORIGINATING PROPOSED RULE: HEAD: August 8, 2011 Barbers’ Board NAME OF SUPERVISOR OR PERSON WHO APPROVED DEPARTMENT OF BUSINESS AND PROFESSIONAL THE PROPOSED RULE: Barbers’ Board REGULATION DATE PROPOSED RULE APPROVED BY AGENCY Barbers’ Board HEAD: August 8, 2011 RULE NO.: RULE TITLE: 61G3-16.003 Examination Review Procedure DEPARTMENT OF BUSINESS AND PROFESSIONAL PURPOSE AND EFFECT: The Board reviewed the rule as REGULATION required by Executive Order 11-01 and proposes to repeal the Barbers’ Board rule as it is duplicative, unnecessarily burdensome, or no RULE NO.: RULE TITLE: longer necessary. 61G3-15.022 Designation of Official Reporter SUMMARY: As required by Executive Order 11-01, the rule PURPOSE AND EFFECT: The Board reviewed the rule as was reviewed and is being repealed as it is duplicative, required by Executive Order 11-01 and proposes to repeal the unnecessarily burdensome, or no longer necessary. rule as it is duplicative, unnecessarily burdensome, or no SUMMARY OF STATEMENT OF ESTIMATED longer necessary. REGULATORY COST: The Board determined that a SUMMARY: As required by Executive Order 11-01, the rule Statement of Estimated Regulatory Cost (SERC) was not was reviewed and is being repealed as it is duplicative, necessary. The Board has determined that this will not have an unnecessarily burdensome, or no longer necessary. adverse impact on small business, or likely increase regulatory SUMMARY OF STATEMENT OF ESTIMATED costs in excess of $200,000 in the aggregate within 1 year after REGULATORY COST: The Board determined that a implementation of the rule. These rule amendments will not Statement of Estimated Regulatory Cost (SERC) was not require ratification by the Legislature. necessary. The Board has determined that this will not have an Any person who wishes to provide information regarding the adverse impact on small business, or likely increase regulatory statement of estimated costs, or to provide a proposal for a costs in excess of $200,000 in the aggregate within 1 year after lower regulatory cost alternative must do so in writing within implementation of the rule. These rule amendments will not 21 days of this notice. require ratification by the Legislature. RULEMAKING AUTHORITY: 455.217(3) FS. Any person who wishes to provide information regarding the LAW IMPLEMENTED: 455.217(3) FS. statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.
3742 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THE PERSON TO BE CONTACTED REGARDING THE THIS NOTICE, A HEARING WILL BE SCHEDULED AND PROPOSED RULE IS: Robyn Barineau, Executive Director, ANNOUNCED IN THE FAW. Barbers’ Board, 1940 North Monroe Street, Tallahassee, THE PERSON TO BE CONTACTED REGARDING THE Florida 32399-0750 PROPOSED RULE IS: Robyn Barineau, Executive Director, Barbers’ Board, 1940 North Monroe Street, Tallahassee, THE FULL TEXT OF THE PROPOSED RULE IS: Florida 32399-0750 61G3-16.0041 Foreign Language Examination. THE FULL TEXT OF THE PROPOSED RULE IS: Rulemaking Specific Authority 476.064(4) FS. Law Implemented 455.217(6) FS. History–New 1-26-93, Formerly 21C-16.0041, 61G3-16.003 Examination Review Procedure. Amended 11-12-00, Repealed______.
Rulemaking Specific Authority 455.217(3) FS Law Implemented NAME OF PERSON ORIGINATING PROPOSED RULE: 455.217(3) FS History–New 7-16-80, Formerly 21C-16.03, Amended 12-23-90, Formerly 21C-16.003, Amended 11-12-00, Barbers’ Board Repealed______. NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Barbers’ Board NAME OF PERSON ORIGINATING PROPOSED RULE: DATE PROPOSED RULE APPROVED BY AGENCY Barbers’ Board HEAD: August 8, 2011 NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Barbers’ Board DEPARTMENT OF BUSINESS AND PROFESSIONAL DATE PROPOSED RULE APPROVED BY AGENCY REGULATION HEAD: August 8, 2011 Barbers’ Board RULE NO.: RULE TITLE: DEPARTMENT OF BUSINESS AND PROFESSIONAL 61G3-18.001 Biennial Renewal of Barber License REGULATION PURPOSE AND EFFECT: The Board reviewed the rule as Barbers’ Board required by Executive Order 11-01 and proposes to repeal the RULE NO.: RULE TITLE: rule as it is duplicative, unnecessarily burdensome, or no 61G3-16.0041 Foreign Language Examination longer necessary. PURPOSE AND EFFECT: The Board reviewed the rule as SUMMARY: As required by Executive Order 11-01, the rule required by Executive Order 11-01 and proposes to repeal the was reviewed and is being repealed as it is duplicative, rule as it is duplicative, unnecessarily burdensome, or no unnecessarily burdensome, or no longer necessary. longer necessary. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY: As required by Executive Order 11-01, the rule REGULATORY COST: The Board determined that a was reviewed and is being repealed as it is duplicative, Statement of Estimated Regulatory Cost (SERC) was not unnecessarily burdensome, or no longer necessary. necessary. The Board has determined that this will not have an SUMMARY OF STATEMENT OF ESTIMATED adverse impact on small business, or likely increase regulatory REGULATORY COST: The Board determined that a costs in excess of $200,000 in the aggregate within 1 year after Statement of Estimated Regulatory Cost (SERC) was not implementation of the rule. These rule amendments will not necessary. The Board has determined that this will not have an require ratification by the Legislature. adverse impact on small business, or likely increase regulatory Any person who wishes to provide information regarding the costs in excess of $200,000 in the aggregate within 1 year after statement of estimated costs, or to provide a proposal for a implementation of the rule. These rule amendments will not lower regulatory cost alternative must do so in writing within require ratification by the Legislature. 21 days of this notice. Any person who wishes to provide information regarding the RULEMAKING AUTHORITY: 476.064(4), 476.154(1) FS. statement of estimated costs, or to provide a proposal for a LAW IMPLEMENTED: 476.144, 476.154(1) FS. lower regulatory cost alternative must do so in writing within IF REQUESTED WITHIN 21 DAYS OF THE DATE OF 21 days of this notice. THIS NOTICE, A HEARING WILL BE SCHEDULED AND RULEMAKING AUTHORITY: 476.064(4) FS. ANNOUNCED IN THE FAW. LAW IMPLEMENTED: 455.217(6) FS. THE PERSON TO BE CONTACTED REGARDING THE IF REQUESTED WITHIN 21 DAYS OF THE DATE OF PROPOSED RULE IS: Robyn Barineau, Executive Director, THIS NOTICE, A HEARING WILL BE SCHEDULED AND Barbers’ Board, 1940 North Monroe Street, Tallahassee, ANNOUNCED IN THE FAW. Florida 32399-0750
THE FULL TEXT OF THE PROPOSED RULE IS:
Section II - Proposed Rules 3743 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
61G3-18.001 Biennial Renewal of Barber License. 61G3-18.002 Biennial Renewal of Barber Assistant Rulemaking Specific Authority 476.064(4), 476.154(1) FS Law Registration. Implemented 476.144, 476.154(1) FS History–New 7-16-80, Rulemaking Specific Authority 476.064(4), 476.254 FS Law Formerly 21C-18.001, Amended 11-6-97, Repealed______. Implemented 476.254 FS History–New 7-16-80, Formerly 21C-18.002, Amended 12-9-97, Repealed______. NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board NAME OF PERSON ORIGINATING PROPOSED RULE: NAME OF SUPERVISOR OR PERSON WHO APPROVED Barbers’ Board THE PROPOSED RULE: Barbers’ Board NAME OF SUPERVISOR OR PERSON WHO APPROVED DATE PROPOSED RULE APPROVED BY AGENCY THE PROPOSED RULE: Barbers’ Board HEAD: August 8, 2011 DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2011 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL Barbers’ Board REGULATION RULE NO.: RULE TITLE: Barbers’ Board 61G3-18.002 Biennial Renewal of Barber RULE NO.: RULE TITLE: Assistant Registration 61G3-19.0135 Relocation of a Barbershop PURPOSE AND EFFECT: The Board reviewed the rule as PURPOSE AND EFFECT: The Board reviewed the rule as required by Executive Order 11-01 and proposes to repeal the required by Executive Order 11-01 and proposes to repeal the rule as it is duplicative, unnecessarily burdensome, or no rule as it is duplicative, unnecessarily burdensome, or no longer necessary. longer necessary. SUMMARY: As required by Executive Order 11-01, the rule SUMMARY: As required by Executive Order 11-01, the rule was reviewed and is being repealed as it is duplicative, was reviewed and is being repealed as it is duplicative, unnecessarily burdensome, or no longer necessary. unnecessarily burdensome, or no longer necessary. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Board determined that a REGULATORY COST: The Board determined that a Statement of Estimated Regulatory Cost (SERC) was not Statement of Estimated Regulatory Cost (SERC) was not necessary. The Board has determined that this will not have an necessary. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendments will not implementation of the rule. These rule amendments will not require ratification by the Legislature. require ratification by the Legislature. Any person who wishes to provide information regarding the Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within lower regulatory cost alternative must do so in writing within 21 days of this notice. 21 days of this notice. RULEMAKING AUTHORITY: 476.064(4), 476.254 FS. RULEMAKING AUTHORITY: 476.064(4), 476.184(2) FS. LAW IMPLEMENTED: 476.254 FS. LAW IMPLEMENTED: 476.184(2), (7) FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, PROPOSED RULE IS: Robyn Barineau, Executive Director, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750 Florida 32399-0750
THE FULL TEXT OF THE PROPOSED RULE IS: THE FULL TEXT OF THE PROPOSED RULE IS:
61G3-19.0135 Relocation of a Barbershop. Rulemaking Specific Authority 476.064(4), 476.184(2) FS Law Implemented 476.184(2),(7) FS History–New 7-14-91, Formerly 216-19.0135, Amended 1-8-98, Repealed______.
3744 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
NAME OF PERSON ORIGINATING PROPOSED RULE: DATE PROPOSED RULE APPROVED BY AGENCY Barbers’ Board HEAD: August 8, 2011 NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Barbers’ Board DEPARTMENT OF BUSINESS AND PROFESSIONAL DATE PROPOSED RULE APPROVED BY AGENCY REGULATION HEAD: August 8, 2011 Barbers’ Board RULE NO.: RULE TITLE: DEPARTMENT OF BUSINESS AND PROFESSIONAL 61G3-20.0075 Examination Review Fee REGULATION PURPOSE AND EFFECT: The Board reviewed the rule as Barbers’ Board required by Executive Order 11-01 and proposes to repeal the RULE NO.: RULE TITLE: rule as it is duplicative, unnecessarily burdensome, or no 61G3-20.001 Collection and Payment of Fees longer necessary. PURPOSE AND EFFECT: The Board reviewed the rule as SUMMARY: As required by Executive Order 11-01, the rule required by Executive Order 11-01 and proposes to repeal the was reviewed and is being repealed as it is duplicative, rule as it is duplicative, unnecessarily burdensome, or no unnecessarily burdensome, or no longer necessary. longer necessary. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY: As required by Executive Order 11-01, the rule REGULATORY COST: The Board determined that a was reviewed and is being repealed as it is duplicative, Statement of Estimated Regulatory Cost (SERC) was not unnecessarily burdensome, or no longer necessary. necessary. The Board has determined that this will not have an SUMMARY OF STATEMENT OF ESTIMATED adverse impact on small business, or likely increase regulatory REGULATORY COST: The Board determined that a costs in excess of $200,000 in the aggregate within 1 year after Statement of Estimated Regulatory Cost (SERC) was not implementation of the rule. These rule amendments will not necessary. The Board has determined that this will not have an require ratification by the Legislature. adverse impact on small business, or likely increase regulatory Any person who wishes to provide information regarding the costs in excess of $200,000 in the aggregate within 1 year after statement of estimated costs, or to provide a proposal for a implementation of the rule. These rule amendments will not lower regulatory cost alternative must do so in writing within require ratification by the Legislature. 21 days of this notice. Any person who wishes to provide information regarding the RULEMAKING AUTHORITY: 455.217(2), 455.2171 FS. statement of estimated costs, or to provide a proposal for a LAW IMPLEMENTED: 455.217(2), 455.2171 FS. lower regulatory cost alternative must do so in writing within IF REQUESTED WITHIN 21 DAYS OF THE DATE OF 21 days of this notice. THIS NOTICE, A HEARING WILL BE SCHEDULED AND RULEMAKING AUTHORITY: 455.2171, 476.064(4) FS. ANNOUNCED IN THE FAW. LAW IMPLEMENTED: 455.213(2), 455.2171 FS. THE PERSON TO BE CONTACTED REGARDING THE IF REQUESTED WITHIN 21 DAYS OF THE DATE OF PROPOSED RULE IS: Robyn Barineau, Executive Director, THIS NOTICE, A HEARING WILL BE SCHEDULED AND Barbers’ Board, 1940 North Monroe Street, Tallahassee, ANNOUNCED IN THE FAW. Florida 32399-0750 THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, THE FULL TEXT OF THE PROPOSED RULE IS: Barbers’ Board, 1940 North Monroe Street, Tallahassee, 61G3-20.0075 Examination Review Fee. Florida 32399-0750 Rulemaking Specific Authority 455.217(2), 455.2171 FS Law THE FULL TEXT OF THE PROPOSED RULE IS: Implemented 455.217(2), 455.2171 FS History–New 7-4-90, Formerly 21C-20.0075, Amended 11-6-00, 2-11-10, 61G3-20.001 Collection and Payment of Fees. Repealed______. Rulemaking Specific Authority 455.2171, 476.064(4) FS Law NAME OF PERSON ORIGINATING PROPOSED RULE: Implemented 455.213(2), 455.2171 FS History–New 7-16-80, Barbers’ Board Formerly 21C-20.01, 21C-20.001, Amended 11-6-00, Repealed______. NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Barbers’ Board NAME OF PERSON ORIGINATING PROPOSED RULE: DATE PROPOSED RULE APPROVED BY AGENCY Barbers’ Board HEAD: August 8, 2011 NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Barbers’ Board
Section II - Proposed Rules 3745 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DEPARTMENT OF BUSINESS AND PROFESSIONAL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATION Barbers’ Board Barbers’ Board RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 61G3-21.005 Mitigation; Notice of Mitigation and 61G3-21.007 Stipulations Aggravation PURPOSE AND EFFECT: The Board reviewed the rule as PURPOSE AND EFFECT: The Board reviewed the rule as required by Executive Order 11-01 and proposes to repeal the required by Executive Order 11-01 and proposes to repeal the rule as it is duplicative, unnecessarily burdensome, or no rule as it is duplicative, unnecessarily burdensome, or no longer necessary. longer necessary. SUMMARY: As required by Executive Order 11-01, the rule SUMMARY: As required by Executive Order 11-01, the rule was reviewed and is being repealed as it is duplicative, was reviewed and is being repealed as it is duplicative, unnecessarily burdensome, or no longer necessary. unnecessarily burdensome, or no longer necessary. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Board determined that a REGULATORY COST: The Board determined that a Statement of Estimated Regulatory Cost (SERC) was not Statement of Estimated Regulatory Cost (SERC) was not necessary. The Board has determined that this will not have an necessary. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendments will not implementation of the rule. These rule amendments will not require ratification by the Legislature. require ratification by the Legislature. Any person who wishes to provide information regarding the Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within lower regulatory cost alternative must do so in writing within 21 days of this notice. 21 days of this notice. RULEMAKING AUTHORITY: 476.064(4) FS., Ch. 86-90, § RULEMAKING AUTHORITY: 476.064(4) FS., Ch. 86-90, § 2, Laws of Florida. 2, Laws of Florida. LAW IMPLEMENTED: Ch. 86-90, § 2, Laws of Florida. LAW IMPLEMENTED: Ch. 86-90, § 2, Laws of Florida. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, PROPOSED RULE IS: Robyn Barineau, Executive Director, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Barbers’ Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750 Florida 32399-0750 THE FULL TEXT OF THE PROPOSED RULE IS: THE FULL TEXT OF THE PROPOSED RULE IS: 61G3-21.007 Stipulations. 61G3-21.005 Mitigation; Notice of Mitigation and Rulemaking Specific Authority 476.064(4) FS., Ch. 86-90, § 2, Laws Aggravation. of Florida. Law Implemented Ch. 86-90, § 2, Laws of Florida. Rulemaking Specific Authority 476.064(4) FS., Ch. 86-90, § 2, Laws History–New 11-25-86, Formerly 21C-21.007, Repealed______. of Florida. Law Implemented Ch. 86-90, § 2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.005, Repealed______. NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board NAME OF PERSON ORIGINATING PROPOSED RULE: NAME OF SUPERVISOR OR PERSON WHO APPROVED Barbers’ Board THE PROPOSED RULE: Barbers’ Board NAME OF SUPERVISOR OR PERSON WHO APPROVED DATE PROPOSED RULE APPROVED BY AGENCY THE PROPOSED RULE: Barbers’ Board HEAD: August 8, 2011 DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2011
3746 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DEPARTMENT OF BUSINESS AND PROFESSIONAL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATION Barbers’ Board Florida Real Estate Appraisal Board RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 61G3-21.008 Installment Payment of Fines 61J1-2.003 Inactive Renewal PURPOSE AND EFFECT: The Board reviewed the rule as PURPOSE AND EFFECT: The Board proposes the rule required by Executive Order 11-01 and proposes to repeal the amendment to clarify language concerning any education rule as it is duplicative, unnecessarily burdensome, or no requirement for an inactive renewal of an appraisal longer necessary. management company license. SUMMARY: As required by Executive Order 11-01, the rule SUMMARY: Clarifying language that continuing education was reviewed and is being repealed as it is duplicative, requirements do not apply to appraisal management companies unnecessarily burdensome, or no longer necessary. for licensure renewals. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Board determined that a REGULATORY COST AND LEGISLATIVE Statement of Estimated Regulatory Cost (SERC) was not RATIFICATION: necessary. The Board has determined that this will not have an During discussion of the economic impact of the rule at its adverse impact on small business, or likely increase regulatory Board meeting, the Board, based upon the expertise and costs in excess of $200,000 in the aggregate within 1 year after experience of its members, determined that a Statement of implementation of the rule. These rule amendments will not Estimated Regulatory Cost (SERC) was not necessary and that require ratification by the Legislature. the rule amendment will not require ratification by the Any person who wishes to provide information regarding the Legislature. No person or interested party submitted additional statement of estimated costs, or to provide a proposal for a information regarding the economic impact at that time. The lower regulatory cost alternative must do so in writing within Board has determined that this rule will not have an adverse 21 days of this notice. impact on small business, or likely increase regulatory costs in RULEMAKING AUTHORITY: 476.064(4) FS. excess of $200,000 in the aggregate within 1 year after LAW IMPLEMENTED: 476.204(2) FS. implementation of the rule. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Any person who wishes to provide information regarding the THIS NOTICE, A HEARING WILL BE SCHEDULED AND statement of estimated costs, or to provide a proposal for a ANNOUNCED IN THE FAW. lower regulatory cost alternative must do so in writing within THE PERSON TO BE CONTACTED REGARDING THE 21 days of this notice. PROPOSED RULE IS: Robyn Barineau, Executive Director, RULEMAKING AUTHORITY: 475.614 FS. Barbers’ Board, 1940 North Monroe Street, Tallahassee, LAW IMPLEMENTED: 475.619 FS. 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. THE PERSON TO BE CONTACTED REGARDING THE 61G3-21.008 Installment Payment of Fines. PROPOSED RULE IS: Juana Watkins, Director, Division of Rulemaking Specific Authority 476.064(4) FS. Law Implemented Real Estate, 400 West Robinson Street, Hurston Building, 476.204(2) FS. History–New 12-7-92, Amended 5-31-93, Formerly North Tower, Suite N801, Orlando, Florida 32801 21C-21.008, Repealed______. THE FULL TEXT OF THE PROPOSED RULE IS: NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board 61J1-2.003 Inactive Renewal. NAME OF SUPERVISOR OR PERSON WHO APPROVED (1) An inactive registrant, licensee or certificate holder THE PROPOSED RULE: Barbers’ Board may elect to renew as active by submitting a request, proof of DATE PROPOSED RULE APPROVED BY AGENCY continuing education, and the fees established in Rule HEAD: August 8, 2011 61J1-2.001, Florida Administrative Code. The education requirement for renewal does not apply to appraisal management company registrations. (2) No change. Rulemaking Authority 475.614 FS. Law Implemented 475.619 FS. History–New 10-15-91, Formerly 21VV-2.003, Amended______.
Section II - Proposed Rules 3747 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
NAME OF PERSON ORIGINATING PROPOSED RULE: 61J1-7.004 Office. Florida Real Estate Appraisal Board (1) All appraisers who have an active registration, license NAME OF AGENCY HEAD WHO APPROVED THE or certification pursuant to Part II, Chapter 475, F.S., shall PROPOSED RULE: Florida Real Estate Appraisal Board furnish in writing to the Department of Business and DATE PROPOSED RULE APPROVED BY AGENCY Professional Regulation each business name, trade name, or HEAD: July 18, 2011 firm name and address from which he or she operates in the DATE NOTICE OF PROPOSED RULE DEVELOPMENT performance of appraisal services. All appraisal management PUBLISHED IN FAW: October 14, 2011 companies who have an active registration pursuant to Part II, Chapter 475, F.S., shall furnish in writing to the Department of DEPARTMENT OF BUSINESS AND PROFESSIONAL Business and Professional Regulation each firm or business REGULATION name, mailing address, street address, and telephone number of Florida Real Estate Appraisal Board the appraisal management company’s principal business RULE NO.: RULE TITLE: location from which the appraisal management company 61J1-7.004 Office operates in the performance of appraisal management services. PURPOSE AND EFFECT: The Board proposes the rule (2) Each such appraiser or appraisal management amendment to clarify the requirement for an appraisal company must notify the Department of any change of management company to notify the Department of a business business name, trade name, or firm name and address within 10 name, mailing address, and telephone number, or any future days of the change of name or address in such a manner as changes made. determined by the Department. SUMMARY: The requirement for a licensee to notify the (3) No change. Department of a business name, mailing address, and Rulemaking Authority 475.614 FS. Law Implemented 475.623, telephone number, or any future changes made will be clarified 475.6235 FS. History–New 10-15-91, Formerly 21VV-7.004, to apply to appraisal management companies. Amended 2-16-04, 12-4-06,______. SUMMARY OF STATEMENT OF ESTIMATED NAME OF PERSON ORIGINATING PROPOSED RULE: REGULATORY COST AND LEGISLATIVE Florida Real Estate Appraisal Board RATIFICATION: NAME OF AGENCY HEAD WHO APPROVED THE During discussion of the economic impact of the rule at its PROPOSED RULE: Florida Real Estate Appraisal Board Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of DATE PROPOSED RULE APPROVED BY AGENCY Estimated Regulatory Cost (SERC) was not necessary and that HEAD: July 18, 2011 the rule amendment will not require ratification by the DATE NOTICE OF PROPOSED RULE DEVELOPMENT Legislature. No person or interested party submitted additional PUBLISHED IN FAW: October 14, 2011 information regarding the economic impact at that time. The Board has determined that this rule will not have an adverse DEPARTMENT OF ENVIRONMENTAL PROTECTION impact on small business, or likely increase regulatory costs in RULE NOS.: RULE TITLES: excess of $200,000 in the aggregate within 1 year after 62-204.240 Ambient Air Quality Standards implementation of the rule. 62-204.260 Prevention of Significant Any person who wishes to provide information regarding the Deterioration Maximum Allowable statement of estimated costs, or to provide a proposal for a Increases (PSD Increments) lower regulatory cost alternative must do so in writing within PURPOSE AND EFFECT: The purpose and effect of the 21 days of this notice. proposed rule amendment (OGC 11-1085) will be to repeal RULEMAKING AUTHORITY: 475.614 FS. rules identified during the comprehensive rule review required LAW IMPLEMENTED: 475.623 FS. by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND SUMMARY: The purpose of the proposed rulemaking is to ANNOUNCED IN THE FAW. update Chapter 62-204, F.A.C., to remove obsolete provisions related to ambient air quality standards. The proposed changes THE PERSON TO BE CONTACTED REGARDING THE will remove excess or redundant language to better align with PROPOSED RULE IS: Juana Watkins, Director, Division of Federal rule language. Real Estate, 400 West Robinson Street, Hurston Building, OTHER RULES INCORPORATING THIS RULE: Subsection North Tower, Suite N801, Orlando, Florida 32801 62-296.602(3), F.A.C. references Rule 62-204.240, F.A.C. THE FULL TEXT OF THE PROPOSED RULE IS:
3748 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
EFFECT ON THOSE OTHER RULES: Subsection Resource Management, Blair Stone Road, MS 5500, 62-296.602(3), F.A.C. will need to be changed in future Tallahassee, Florida 32399-2400, Telephone (850)717-9017, rulemaking to correct the cross reference. E-mail: [email protected] SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that THE FULL TEXT OF THE PROPOSED RULES IS: repeal of these rules will not have an adverse impact on small 62-204.240 Ambient Air Quality Standards business or likely increase regulatory costs in excess of $200,000 in the aggregate within one year after the Rulemaking Specific Authority 403.061 FS. Law Implemented implementation of the rule. A SERC has not been prepared by 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Repealed______. the agency. This rulemaking will not require ratification by the Florida 62-204.260 Prevention of Significant Deterioration Legislature because the rules are being repealed to reduce Maximum Allowable Increases (PSD Increments). unnecessary regulatory costs. Rulemaking Specific Authority 403.061 FS. Law Implemented Any person who wishes to provide information regarding the 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended statement of estimated regulatory costs, or to provide a 2-12-06, Repealed______. proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. NAME OF PERSON ORIGINATING PROPOSED RULE: RULEMAKING AUTHORITY: 403.061 FS. Mike Halpin, Director, Division of Air Resource Management LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087 NAME OF PERSON WHO APPROVED THE PROPOSED FS. RULE: Herschel T. Vinyard, Jr., Secretary A HEARING WILL BE HELD BEFORE THE DATE PROPOSED RULE APPROVED BY AGENCY ENVIRONMENTAL REGULATION COMMISSION AT HEAD: October 17, 2011 THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: December 8, 2011, 9:00 a.m. DEPARTMENT OF ENVIRONMENTAL PROTECTION PLACE: Tallahassee City Commission Chambers, Second RULE NOS.: RULE TITLES: Floor, City Hall, 300 S. Adams St., Tallahassee, Florida 62-212.600 Sulfur Storage and Handling Pursuant to the provisions of the Americans with Disabilities Facilities Act, any person requiring special accommodations to 62-212.710 Air Emissions Bubble participate in this workshop/meeting is asked to advise the PURPOSE AND EFFECT: The purpose and effect of the agency at least 48 hours before the workshop/meeting by proposed rule amendment (OGC 11-1088) will be to repeal contacting: Kelly Stevens, Florida Department of rules identified during the comprehensive rule review required Environmental Protection, Division of Air Resource by Executive Order 11-01 as duplicative, unnecessarily Management, Blair Stone Road, MS 5500, Tallahassee, Florida burdensome, or no longer necessary. 32399-2400, Telephone (850)717-9017, E-mail: SUMMARY: The proposed rules to be repealed involve [email protected]. If you are hearing or speech requirements for sulfur storage and handling facilities and impaired, please contact the agency using the Florida Relay procedures for obtaining an Air Emission Bubble. These rules Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). are outdated and unnecessary preconstruction review. OTHER The department will accept public comments on the proposed RULES INCORPORATING THIS RULE: Rule 62-212.600, rulemaking, within a 21 day time period, beginning the day F.A.C, is referenced in subsection 62-212.300(2), F.A.C. following publication of this notice (day one). Comments may EFFECT ON THOSE OTHER RULES: The rule repeal would be sent to Patricia E. Comer, Assistant General Counsel, have the intended impact on the referencing rule. Florida Department of Environmental Protection, 3900 SUMMARY OF STATEMENT OF ESTIMATED Commonwealth Boulevard, MS 35, Tallahassee, Florida REGULATORY COSTS: The agency has determined that 32399. Telephone (850)245-2288, E-mail: repeal of these rules will not have an adverse impact on small patricia.comer@dep. state.fl.us. business or likely increase regulatory costs in excess of THE PERSON TO BE CONTACTED REGARDING THE $200,000 in the aggregate within one year after the PROPOSED RULES IS: Patricia E. Comer, Assistant General implementation of the rule. A SERC has not been prepared by Counsel, Florida Department of Environmental Protection, the agency. 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida This rulemaking will not require ratification by the Florida 32399, Telephone (850)245-2288, E-mail: Legislature because the rules are being repealed to reduce [email protected] or Kelly Stevens, Florida unnecessary regulatory costs. Department of Environmental Protection, Division of Air
Section II - Proposed Rules 3749 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Any person who wishes to provide information regarding the NAME OF PERSON ORIGINATING PROPOSED RULE: statement of estimated regulatory costs, or to provide a Mike Halpin, Director, Division of Air Resource Management proposal for a lower cost regulatory alternative must do so in NAME OF PERSON WHO APPROVED THE PROPOSED writing within 21 days of this notice. RULE: Herschel T. Vinyard, Jr., Secretary RULEMAKING AUTHORITY: 403.061 FS. DATE PROPOSED RULE APPROVED BY AGENCY LAW IMPLEMENTED: 403.031, 403.061, 403.087, HEAD: October 17, 2011 403.08735 FS. A HEARING WILL BE HELD BEFORE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ENVIRONMENTAL REGULATION COMMISSION AT RULE NOS.: RULE TITLES: THE DATE, TIME AND PLACE SHOWN BELOW: 62-252.500 Gasoline Tanker Trucks or Trailers DATE AND TIME: December 8, 2011, 9:00 a.m. 62-252.900 Form PLACE: Tallahassee City Commission Chambers, Second PURPOSE AND EFFECT: The purpose and effect of the Floor, City Hall, 300 S. Adams St., Tallahassee, Florida proposed rule amendment (OGC 11-1093) will be to repeal Pursuant to the provisions of the Americans with Disabilities rules identified during the comprehensive rule review required Act, any person requiring special accommodations to by Executive Order 11-01 as duplicative, unnecessarily participate in this workshop/meeting is asked to advise the burdensome, or no longer necessary. agency at least 48 hours before the workshop/meeting by SUMMARY: The proposed rules to be repealed involve contacting: Cindy Phillips, Florida Department of requirements for gasoline vapor control for gasoline tanker Environmental Protection, Division of Air Resource trucks or trailers. There are now Federal standards for gasoline Management, Blair Stone Road, MS 5500, Tallahassee, Florida dispensing facilities which also cover gasoline tanker trucks or 32399-2400, Telephone (850)717-9098, E-mail: gasoline cargo trucks, making the proposed rules to be repealed [email protected]. If you are hearing or speech obsolete. impaired, please contact the agency using the Florida Relay OTHER RULES INCORPORATING THIS RULE: Chapter Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 62-252, F.A.C, is referenced in Rule 62-210.200, F.A.C. The department will accept public comments on the proposed EFFECT ON THOSE OTHER RULES: The rule amendments rulemaking, within a 21 day time period, beginning the day would have no impact on the referencing rules. following publication of this notice (day one). Comments may SUMMARY OF STATEMENT OF ESTIMATED be sent to Patricia E. Comer, Assistant General Counsel, REGULATORY COSTS: The agency has determined that Florida Department of Environmental Protection, 3900 repeal of these rules will not have an adverse impact on small Commonwealth Boulevard, MS 35, Tallahassee, Florida business or likely increase regulatory costs in excess of 32399, Telephone (850)245-2288, E-mail patricia.comer@dep. $200,000 in the aggregate within one year after the state.fl.us. implementation of the rule. A SERC has not been prepared by THE PERSON TO BE CONTACTED REGARDING THE the agency. PROPOSED RULES IS: Patricia E. Comer, Assistant General This rulemaking will not require ratification by the Florida Counsel, Florida Department of Environmental Protection, Legislature because the rules are being repealed to reduce 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida unnecessary regulatory costs. 32399, Telephone (850)245-2288., E-mail: patricia.comer@ Any person who wishes to provide information regarding the dep.state.fl.us or Cindy Phillips, Florida Department of statement of estimated regulatory costs, or to provide a Environmental Protection, Division of Air Resource proposal for a lower cost regulatory alternative must do so in Management, Blair Stone Road, MS 5500, Tallahassee, Florida writing within 21 days of this notice. 32399-2400, Telephone (850)717-9098, E-mail: RULEMAKING AUTHORITY: 403.061 FS. [email protected]. LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS. THE FULL TEXT OF THE PROPOSED RULES IS: A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT 62-212.600 Sulfur Storage and Handling Facilities. THE DATE, TIME AND PLACE SHOWN BELOW: Rulemaking Specific Authority 403.061 FS. Law Implemented DATE AND TIME: December 8, 2011, 9:00 a.m. 403.031, 403.061, 403.087 FS. History–Formerly 17-2.540, PLACE: Tallahassee City Commission Chambers, Second 17-212.600, Amended 11-23-94, 1-1-96, 3-13-96, 8-17-00, Floor, City Hall, 300 S. Adams St., Tallahassee, Florida Repealed______. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to 62-212.710 Air Emissions Bubble. participate in this workshop/meeting is asked to advise the Rulemaking Specific Authority 403.061 FS. Law Implemented agency at least 48 hours before the workshop/meeting by 403.08735 FS. History–New 5-20-97, Repealed______.
3750 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 contacting: Terri Long, Florida Department of Environmental SUMMARY: Market incentives for diesel fuel cost savings Protection, Division of Air Resource Management, Blair Stone renders the anti-idling requirements of Rule 62-285.420, Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone F.A.C., unnecessary. (850)717-9023, E-mail: [email protected]. If you are OTHER RULES INCORPORATING THIS RULE: None. hearing or speech impaired, please contact the agency using the EFFECT ON THOSE OTHER RULES: None. Florida Relay Service, 1(800)955-8771 (TDD) or SUMMARY OF STATEMENT OF ESTIMATED 1(800)955-8770 (Voice). REGULATORY COSTS: The agency has determined that The department will accept public comments on the proposed repeal of these rules will not have an adverse impact on small rulemaking, within a 21 day time period, beginning the day business or likely increase regulatory costs in excess of following publication of this notice (day one). Comments may $200,000 in the aggregate within one year after the be sent to Patricia E. Comer, Assistant General Counsel, implementation of the rule. A SERC has not been prepared by Florida Department of Environmental Protection, 3900 the agency. Commonwealth Boulevard, MS 35, Tallahassee, Florida This rulemaking will not require ratification by the Florida 32399, Telephone (850)245-2288, E-mail: patricia.comer@ Legislature because the rules are being repealed to reduce dep.state.fl.us. unnecessary regulatory costs. THE PERSON TO BE CONTACTED REGARDING THE Any person who wishes to provide information regarding the PROPOSED RULES IS: Patricia E. Comer, Assistant General statement of estimated regulatory costs, or to provide a Counsel, Florida Department of Environmental Protection, proposal for a lower cost regulatory alternative must do so in 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida writing within 21 days of this notice. 32399, Telephone (850)245-2288, E-mail patricia.comer@dep. RULEMAKING AUTHORITY: 403.061 FS. state.fl.us or Terri Long, Florida Department of Environmental LAW IMPLEMENTED: 403.031, 403.061 FS. Protection, Division of Air Resource Management, Blair Stone A HEARING WILL BE HELD BEFORE THE Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone ENVIRONMENTAL REGULATION COMMISSION AT (850)717-9023, E-mail: [email protected] THE DATE, TIME AND PLACE SHOWN BELOW: THE FULL TEXT OF THE PROPOSED RULES IS: DATE AND TIME: December 8, 2011, 9:00 a.m. PLACE: Tallahassee City Commission Chambers, Second 62-252.500 Gasoline Tanker Trucks or Trailers. Floor, City Hall, 300 S. Adams St., Tallahassee, Florida Rulemaking Specific Authority 403.061 FS. Law Implemented Pursuant to the provisions of the Americans with Disabilities 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(c)3., Act, any person requiring special accommodations to 17-2.700(6)(c)2.d., Amended 2-2-93, Formerly 17-252.500, Amended participate in this workshop/meeting is asked to advise the 9-10-96, 5-9-07, Repealed______. agency at least 48 hours before the workshop/meeting by contacting: Jim Pennington, Florida Department of 62-252.900 Form. Environmental Protection, Division of Air Resource Rulemaking Specific Authority 403.061 FS. Law Implemented Management, Blair Stone Road, MS 5500, Tallahassee, Florida 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 32399-2400, Telephone (850)717-9102, E-mail: 17-252.900, Amended 11-23-94, 9-10-96, 5-9-07, Repealed______. [email protected]. If you are hearing or speech NAME OF PERSON ORIGINATING PROPOSED RULE: impaired, please contact the agency using the Florida Relay Mike Halpin, Director, Division of Air Resource Management Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). NAME OF PERSON WHO APPROVED THE PROPOSED The department will accept public comments on the proposed RULE: Herschel T. Vinyard, Jr., Secretary rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may DATE PROPOSED RULE APPROVED BY AGENCY be sent to Patricia E. Comer, Assistant General Counsel, HEAD: October 17, 2011 Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION 32399, Telephone (850)245-2288, E-mail: RULE NO.: RULE TITLE: patricia.comer@dep. state.fl.us. 62-285.420 Heavy-Duty Vehicle Idling THE PERSON TO BE CONTACTED REGARDING THE Reduction PROPOSED RULE IS: Patricia E. Comer, Assistant General PURPOSE AND EFFECT: The purpose and effect of the Counsel, Florida Department of Environmental Protection, proposed rule amendment (OGC 11-1097) will be to repeal 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida rules identified during the comprehensive rule review required 32399, Telephone (850)245-2288, E-mail: patricia.comer@ by Executive Order 11-01 as duplicative, unnecessarily dep.state.fl.us or Jim Pennington, Florida Department of burdensome, or no longer necessary. Environmental Protection, Division of Air Resource
Section II - Proposed Rules 3751 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Management, Blair Stone Road, MS 5500, Tallahassee, Florida A HEARING WILL BE HELD BEFORE THE 32399-2400, Telephone (850)717-9102, E-mail: ENVIRONMENTAL REGULATION COMMISSION AT [email protected]. THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: December 8, 2011, 9:00 a.m. THE FULL TEXT OF THE PROPOSED RULE IS: PLACE: Tallahassee City Commission Chambers, Second 62-285.420 Heavy-Duty Vehicle Idling Reduction. Floor, City Hall, 300 S. Adams St., Tallahassee, Florida Pursuant to the provisions of the Americans with Disabilities Rulemaking Specific Authority 403.061 FS. Law Implemented Act, any person requiring special accommodations to 403.031, 403.061 FS. History–New 12-15-08, Repealed______. 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 Mike Halpin, Director, Division of Air Resource Management contacting: Cindy Phillips, Florida Department of NAME OF PERSON WHO APPROVED THE PROPOSED Environmental Protection, Division of Air Resource RULE: Herschel T. Vinyard, Jr., Secretary Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone (850)717-9098, E-mail: DATE PROPOSED RULE APPROVED BY AGENCY [email protected]. If you are hearing or speech HEAD: October 17, 2011 impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DEPARTMENT OF ENVIRONMENTAL PROTECTION The department will accept public comments on the proposed RULE NOS.: RULE TITLES: rulemaking, within a 21 day time period, beginning the day 62-296.407 Portland Cement Plants following publication of this notice (day one). Comments may 62-296.411 Sulfur Storage and Handling be sent to Patricia E. Comer, Assistant General Counsel, Facilities Florida Department of Environmental Protection, 3900 62-296.413 Synthetic Organic Fiber Production Commonwealth Boulevard, MS 35, Tallahassee, Florida PURPOSE AND EFFECT: The purpose and effect of the 32399, Telephone (850)245-2288, E-mail patricia.comer@dep. proposed rule amendment (OGC 11-1098) will be to repeal state.fl.us. rules identified during the comprehensive rule review required THE PERSON TO BE CONTACTED REGARDING THE by Executive Order 11-01 as duplicative, unnecessarily PROPOSED RULES IS: Patricia E. Comer, Assistant General burdensome, or no longer necessary. Counsel, Florida Department of Environmental Protection, SUMMARY: The proposed rules to be repealed involve 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida requirements for portland cement plants and synthetic organic 32399, Telephone (850)245-2288, E-mail patricia.comer@dep. fiber production that have been superseded by federal state.fl.us or Cindy Phillips, Florida Department of standards or involve requirements that are no longer needed for Environmental Protection, Division of Air Resource protection of air quality near sulfur storage and handling Management, Blair Stone Road, MS 5500, Tallahassee, Florida operations. 32399-2400. Telephone (850)717-9098, E-mail OTHER RULES INCORPORATING THIS RULE: None. [email protected]. EFFECT ON THOSE OTHER RULES: None. SUMMARY OF STATEMENT OF ESTIMATED THE FULL TEXT OF THE PROPOSED RULES IS: REGULATORY COSTS: The agency has determined that repeal of these rules will not have an adverse impact on small 62-296.407 Portland Cement Plants. business or likely increase regulatory costs in excess of Rulemaking Specific Authority 403.061 FS. Law Implemented $200,000 in the aggregate within one year after the 403.021, 403.031, 403.061, 403.087 FS. History–Formerly implementation of the rule. A SERC has not been prepared by 17-2.600(7), 17-296.407, Amended 11-23-94, 1-1-96, the agency. Repealed______. This rulemaking will not require ratification by the Florida 62-296.411 Sulfur Storage and Handling Facilities. Legislature because the rules are being repealed to reduce unnecessary regulatory costs. Rulemaking Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly Any person who wishes to provide information regarding the 17-2.600(11), 17-296.411, Amended 11-23-94, 1-1-96, statement of estimated regulatory costs, or to provide a Repealed______. proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. 62-296.413 Synthetic Organic Fiber Production. RULEMAKING AUTHORITY: 403.061 FS. Rulemaking Specific Authority 403.061 FS. Law Implemented LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(13), FS. 17-296.413, Amended 11-23-94, 1-1-96, 3-13-96, 2-12-06, Repealed______.
3752 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
NAME OF PERSON ORIGINATING PROPOSED RULE: Department’s internet site at http://www.dep.state.fl.us/water/ Mike Halpin, Director, Division of Air Resource Management wqssp or by writing to the Florida Department of NAME OF PERSON WHO APPROVED THE PROPOSED Environmental Protection, Standards and Assessment Section, RULE: Herschel T. Vinyard, Jr., Secretary 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. DATE PROPOSED RULE APPROVED BY AGENCY OTHER RULES INCORPORATING THIS RULE: Chapter October 17, 2011 62-302, Rule 62-302.200, Rule 62-302.530, and Rule 62-302.800, F.A.C., are referenced by the following rules: DEPARTMENT OF ENVIRONMENTAL PROTECTION Rules 18-2.021, 62-4.160, 62-4.240, 62-4.241, 62-4.242, RULE NOS.: RULE TITLES: 62-4.246, 62-25.001, 62-25.025, 62-25.030, 62-25.080, 62-302.200 Definitions 62-29.050, 62-40.120, 62-40.210, 62-45.070, 62-110.106, 62-302.530 Table: Surface Water Quality Criteria 62-113.200, 62-301.100, 62-302.200, 62-302.300, 62-302.400, 62-302.531 Numeric Interpretations of Narrative 62-302.500, 62-302.520, 62-302.530, 62-302.540, 62-302.700, Nutrient Criteria 62-302.800, 62-303.100, 62-303.200, 62-303.320, 62-303.330, 62-302.532 Estuary-Specific Numeric 62-303.370, 62-303.400, 62-303.430, 62-304.310, 62-304.335, Interpretations of the Narrative 62-304.500, 62-312.050, 62-312.310, 62-312.340, 62-312.400, Nutrient Criterion 62-312.816, 62-312.819, 62-312.825, 62-330.100, 62-330.200, 62-302.800 Site Specific Alternative Criteria 62-340.700, 62-341.215, 62-341.486, 62-341.490, 62-341.494, PURPOSE AND EFFECT: The proposed rules establish 62-346.050, 62-346.051, 62-346.301, 62-348.200, 62-520.200, numeric interpretations of the narrative surface water quality 62-520.520, 62-528.610, 62-528.630, 62-600.120, 62-600.200, criterion for nutrients in paragraph 62-302.530(47)(b), F.A.C., 62-600.300, 62-600.400, 62-600.430, 62-600.440, 62-600.500, for streams, lakes, spring vents, and specific estuaries in 62-600.520, 62-610.200, 62-610.300, 62-610.310, 62-610.554, Southwest and South Florida. These interpretations, which are 62-610.555, 62-610.650, 62-610.670, 62-610.810, 62-610.820, Florida water quality standards, are intended to fully protect 62-610.830, 62-610.850, 62-610.860, 62-611.110, 62-611.200, the designated use of surface waters. A new type of Site 62-611.450, 62-611.500, 62-611.600, 62-611.650, 62-611.700, Specific Alternative Criteria (Type III) is also established that 62-620.320, 62-620.400, 62-620.610, 62-620.620, 62-620.800, is specifically tailored to address nutrients and nutrient 62-621.303, 62-624.800, 62-625.300, 62-625.400, 62-640.400, response variables. 62-650.300, 62-660.300, 62-673.340, 62-673.610, 62-701.200, SUMMARY: The Department is amending Chapter 62-302, 62-701.300, 62-709.500, 62-711.540, 62-761.200, 62-762.201, F.A.C., to establish numeric interpretations of the narrative 62-770.200, 62-771.100, 62-777.150, 62-777.170, 62-780.200, surface water criterion for nutrients in paragraph 62-782.200, 62-785.200, 62B-49.008, 62B-49.012, and 62-302.530(47)(b), F.A.C. The proposed amendments establish 62C-16.0051, F.A.C. numeric interpretations in a hierarchy, as follows: 1) site EFFECT ON THOSE OTHER RULES: The proposed specific interpretations (e.g., Total Maximum Daily Loads amendments for streams, lakes and spring vents are designed (TMDL), Site Specific Alternative Criteria), 2) interpretations to protect state waters from the adverse effects of nutrient based on cause-and-effect relationships between nutrients and over-enrichment and are intended to replace federal standards biological response, 3) reference-based interpretations within adopted by EPA for the State of Florida. The above rules, nutrient watershed regions combined with biological which cover a variety of regulatory programs, reference and information, and 4) the existing narrative criterion, which will implement Florida’s water quality standards in Chapter 62-302, continue to apply to all waters, including those that do not fall F.A.C. under one of the hierarchical levels above. Numeric SUMMARY OF STATEMENT OF ESTIMATED interpretations are established for: 1) lakes (based on color and REGULATORY COSTS AND LEGISLATIVE alkalinity), 2) spring vents, and 3) streams (based on stream RATIFICATION: The Agency has determined that this will nutrient watershed regions). In addition, estuary specific have an adverse impact on small business or likely increase nutrient standards are established for a number of south Florida directly or indirectly regulatory costs in excess of $200,000 in estuaries, including Clearwater Harbor/St. Joseph Sound, the aggregate within one year after the implementation of the Tampa Bay, Sarasota Bay, Charlotte Harbor, Tidal rule. A SERC has been prepared by the agency. In November Cocohatchee River/Ten Thousand Islands, Florida Bay, Florida 2010, the U.S. Environmental Protection Agency (EPA) Keys, and Biscayne Bay. A new Type III Site Specific promulgated numeric nutrient criteria for Florida’s waters. The Alternative Criterion is established that is specific to nutrients Florida Department of Environmental Protection’s (FDEP) and nutrient response variables. The Department has also proposed numeric nutrient criteria are intended to replace identified a list of previously adopted TMDLs that constitute a EPA’s rule. Recent reports on the EPA rule estimated that numeric interpretation of the narrative nutrient criterion under annual implementation costs could range from $135.5 million Rule 62-302.531, F.A.C., which list may be obtained from the to $4.7 billion. Using information from these estimates with
Section II - Proposed Rules 3753 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 assumptions consistent with the proposed FDEP rules, FDEP THE FULL TEXT OF THE PROPOSED RULES IS: estimates that costs associated with the proposed FDEP rules would be at or below the lower end of the estimates for the 62-302.200 Definitions. existing EPA rule. Although the ultimate costs associated with As used in this chapter: the proposed FDEP rules are anticipated to be significantly (1) “Acute tToxicity” shall mean a concentration greater lower than those applicable to the existing EPA rule, it is clear than one-third (1/3) of the amount lethal to 50 percent of the that the those costs will directly or indirectly increase test organisms in 96 hours (96 hr LC50) for a species protective regulatory costs in excess of $200,000 in the aggregate in of the indigenous aquatic community for a substance not Florida within 1 year after the implementation of the proposed identified in paragraph 62-302.500(1)(c), F.A.C., or for FDEP rule when compared with existing state rules only. mixtures of substances, including effluents. The Agency has determined that the proposed rule is expected (2) “Annual aAverage fFlow” is the long-term harmonic to require legislative ratification based on the statement of mean flow of the receiving water, or an equivalent flow based estimated regulatory costs or if no SERC is required, the on generally accepted scientific procedures in waters for which information expressly relied upon and described herein: Based such a mean cannot be calculated. For waters for which flow on the economic analysis conducted in preparation of its records have been kept for at least the last three years, statement of estimated regulatory cost, the Department has “long-term” shall mean the period of record. For all other determined that the proposed rule is likely to increase waters, “long-term” shall mean three years (unless the regulatory costs, including any transactional costs, in excess of Department finds the data from that period not representative $1 million in the aggregate within 5 years after implementation of present flow conditions, based on evidence of land use or of the rule. other changes affecting the flow) or the period of records Any person who wishes to provide information regarding a sufficient to show a variation of flow of at least three orders of statement of estimated regulatory costs, or provide a proposal magnitude, whichever period is less. For nontidal portions of for a lower cost regulatory alternative must do so in writing rivers and streams, the harmonic mean (Qhm) shall be within 21 days of this notice. calculated as RULEMAKING AUTHORITY: 403.061, 403.062, 403.087, Q = n , 403.088, 403.504, 403.704, 403.804, 403.805 FS. hm LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.062, 1 + 1 + 1 + 1 + … + 1 403.067, 403.085, 403.086, 403.087, 403.088, 403.141, Q1 Q2 Q3 Q4 Qn 403.161, 403.182, 403.502, 403.504, 403.702, 403.708, in which each Q is an individual flow record and n is the total 403.802 FS. number of records. In lakes and reservoirs, the annual average A HEARING WILL BE HELD AT THE DATE, TIME AND flow shall be based on the hydraulic residence time, which PLACE SHOWN BELOW: shall be calculated according to generally accepted scientific DATE AND TIME: Thursday, December 8, 2011, 9:00 a.m. procedures, using the harmonic mean flows for the inflow PLACE: Tallahassee City Commission Chambers, 300 S. sources. In tidal estuaries and coastal systems or tidal portions Adams Street, Tallahassee, Florida 32301 of rivers and streams, the annual average flow shall be Pursuant to the provisions of the Americans with Disabilities determined using methods described in EPA publication no. Act, any person requiring special accommodations to 600/6-85/002b pages 142-227, incorporated by reference in participate in this workshop/meeting is asked to advise the paragraph 62-4.246(9)(k), F.A.C., or by other generally agency at least 5 days before the workshop/meeting by accepted scientific procedures, using the harmonic mean flow contacting: Eric Shaw at (850)245-8429 or the below for any freshwater inflow. If there are insufficient data to information. If you are hearing or speech impaired, please determine the harmonic mean then the harmonic mean shall be contact the agency using the Florida Relay Service, estimated by methods as set forth in the EPA publication 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Technical Support Document for Water Quality-Based Toxics THE PERSON TO BE CONTACTED REGARDING THE Control (March 1991), incorporated by reference in paragraph PROPOSED RULE IS: Eric Shaw, Department of 62-4.246(9)(d), F.A.C., or other generally accepted scientific Environmental Protection, Bureau of Assessment and procedures. In situations with seasonably variable effluent Restoration Support, MS 6511, 2600 Blair Stone Road, discharge rates, hold-and-release treatment systems, and Tallahassee, FL 32399-2400, (850)245-8429 or e-mail: effluent-dominated sites, annual average flow shall mean [email protected]. Copies of the draft rule as well as modeling techniques that calculate long-term average daily further information also may be obtained from the concentrations from long-term individual daily flows and Department’s internet site at: http://www.dep.state.fl.us/ concentrations in accordance with generally accepted scientific water/wqssp/nutrients/index.htm. (OGC No. 11-1488) procedures. (3) No change.
3754 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(4) “Biological Health Assessment” shall mean one of the conditions. Aquatic plants, as defined in subsection following aquatic community-based biological evaluations: 62-340.200(1), F.A.C., may be present in the open water. Lakes Stream Condition Index (SCI), Lake Vegetation Index (LVI), do not include springs, wetlands, or streams (except portions of or Shannon-Weaver Diversity Index. streams that exhibit lake-like characteristics, such as long (5)(4) “Chronic tToxicity” water residence time, increased width, or predominance of (a) through (b) No change. biological taxa typically found in non-flowing conditions). (6)(5) No change. (17) “Lake Vegetation Index (LVI)” shall mean a (7)(6) “Compensation pPoint for pPhotosynthetic Biological Health Assessment that measures lake biological aActivity” shall mean the depth at which one percent of the health in predominantly freshwaters using aquatic and wetland light intensity at the surface remains unabsorbed. The light plants, performed and calculated using the Standard Operating intensities at the surface and subsurface shall be measured Procedures for the LVI (DEP-SOP-003/11 LVI 1000) and the simultaneously by irradiance meters such as Kahlsico methodology in Sampling and Use of the Lake Vegetation Underwater Irradiameter (Model No. 268 WA 310), or other Index (LVI) for Assessing Lake Plant Communities in Florida: device having a comparable spectral response. A Primer’s internet site at http://www.dep.state.fl.us/water/ (8)(7) No change. wqssp/swq-docs or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, (9)(8) “Designated uUse” shall mean the present and 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. future most beneficial use of a body of water as designated by the Environmental Regulation Commission by means of the (18)(15) “Man-induced conditions which cannot be Classification system contained in this Chapter. controlled or abated” shall mean conditions that have been influenced by human activities, and (10)(9) “Dissolved mMetal” shall mean the metal fraction that passes through a 0.45 micron filter. (a) through (b) No change. (11)(10) “Effluent lLimitation” shall mean any restriction (c) Cannot be restored or abated by physical alteration of established by the Department on quantities, rates or the waterbody water body, or there is no reasonable concentrations of chemical, physical, biological or other relationship between the economic, social and environmental constituents which are discharged from sources into waters of costs and the benefits of restoration or physical alteration. the State. (19)(16) “Natural bBackground” shall mean the condition (12)(11) “Exceptional eEcological sSignificance” shall of waters in the absence of man-induced alterations based on mean that a waterbody water body is a part of an ecosystem of the best scientific information available to the Department. The unusual value. The exceptional significance may be in unusual establishment of natural background for an altered waterbody species, productivity, diversity, ecological relationships, may be based upon a similar unaltered waterbody or on ambient water quality, scientific or educational interest, or in historical pre-alteration data. other aspects of the ecosystem’s setting or processes. (20)(17) “Nuisance sSpecies” shall mean species of flora (13)(12) “Exceptional rRecreational sSignificance” shall or fauna whose noxious characteristics or presence in sufficient mean unusual value as a resource for outdoor recreation number, biomass, or areal extent may reasonably be expected activities. Outdoor recreation activities include, but are not to prevent, or unreasonably interfere with, a designated use of limited to, fishing, boating, canoeing, water skiing, swimming, those waters. scuba diving, or nature observation. The exceptional (21)(18) “Nursery aArea of iIndigenous aAquatic lLife” significance may be in the intensity of present recreational shall mean any bed of the following aquatic plants, either in usage, in an unusual quality of recreational experience, or in monoculture or mixed: Halodule wrightii, Halophila spp., the potential for unusual future recreational use or experience. Potamogeton spp. (pondweed), Ruppia maritima (14)(13) “Existing uUses” shall mean any actual beneficial (widgeon-grass), Sagittaria spp. (arrowhead), Syringodium use of the waterbody water body on or after November 28, filiforme (manatee-grass), Thalassia testudinum (turtle grass), 1975. or Vallisneria spp. (eel-grass), or any area used by the early-life stages, larvae and post-larvae, of aquatic life during the period (15)(14) “IC25” or “Inhibition Concentration 25%” shall of rapid growth and development into the juvenile states. mean the concentration of toxicant that causes a 25% reduction in a biological response such as biomass, growth, fecundity, or (22) “Nutrient” shall mean total nitrogen (TN), total reproduction in the test population when compared to the phosphorus (TP), or their organic or inorganic forms. control population response. (23) “Nutrient response variable” shall mean a biological (16) “Lake” shall mean, for purposes of interpreting the variable, such as chlorophyll a, biomass, or structure of the narrative nutrient criterion in paragraph 62-302.530(47)(b), phytoplankton, periphyton or vascular plant community, that F.A.C., a lentic fresh waterbody with a relatively long water responds to nutrient load or concentration in a predictable and residence time and an open water area that is free from measurable manner. For purposes of interpreting paragraph emergent vegetation under typical hydrologic and climatic 62-302.530(47)(b), F.A.C., dissolved oxygen (DO) shall also
Section II - Proposed Rules 3755 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 be considered a nutrient response variable if it is demonstrated (19) through (21) renumbered (26) through (28) No for the waterbody that DO conditions result in biological change. imbalance and the DO responds to a nutrient load or (29)(22) “Predominantly fFresh wWaters” shall mean concentration in a predictable and measurable manner. surface waters in which the chloride concentration at the (24) “Nutrient Threshold” shall mean a concentration of surface is less than 1,500 milligrams per liter or specific nutrients that applies to a Nutrient Watershed Region and is conductance is less than 4,580 µmhos/cm. derived from a statistical distribution of data from reference or (30)(23) “Predominantly mMarine wWaters” shall mean benchmark sites. Nutrient Thresholds are only applied to surface waters in which the chloride concentration at the streams as specified in paragraph 62-302.531(2)(c), F.A.C. surface is greater than or equal to 1,500 milligrams per liter or (25) “Nutrient Watershed Region” shall mean a drainage specific conductance is greater than or equal to 4,580 area over which the nutrient thresholds in paragraph µmhos/cm. 62-302.531(2)(c), F.A.C., apply. (24) through (26) renumbered (31) through (33) No (a) The Panhandle West region consists of the Perdido Bay change. Watershed, Pensacola Bay Watershed, Choctawhatchee Bay (34)(27) “Special Waters” shall mean water bodies Watershed, St. Andrew Bay Watershed, and Apalachicola Bay designated in accordance with Rule 62-302.700, F.A.C., by the Watershed. Environmental Regulation Commission for inclusion in the (b) The Panhandle East region consists of the Apalachee Special Waters Category of Outstanding Florida Waters, as Bay Watershed, and Econfina/Steinhatchee Coastal Drainage contained in Rule 62-302.700, F.A.C. A Special Water may Area. include all or part of any waterbody water body. (c) The North Central region consists of the Suwannee (35) “Spring vent” shall mean a location where River Watershed and the “stream to sink” region in Alachua, groundwater flows out of a natural, discernable opening in the Marion and Levy Counties that is affected by the Hawthorne ground onto the land surface or into a predominantly fresh Formation. surface water. (d) The West Central region consists of the Peace, (36) “Stream” shall mean, for purposes of interpreting the Myakka, Hillsborough, Alafia, Manatee, Little Manatee River narrative nutrient criterion in paragraph 62-302.530(47)(b), Watersheds, Sarasota/Lemon Bay Watershed and small, direct F.A.C., a predominantly fresh surface waterbody with Tampa Bay tributary watersheds south of the Hillsborough perennial flow in a defined channel with banks during typical River Watershed. climatic and hydrologic conditions for its region within the (e) The Peninsula region consists of the Waccasassa state. During periods of drought, portions of a stream channel Coastal Drainage Area, Withlacoochee Coastal Drainage Area, may exhibit a dry bed, but wetted pools are typically still Crystal/Pithlachascotee Coastal Drainage Area, small, direct present during these conditions. Streams do not include Tampa Bay tributary watersheds west of the Hillsborough non-perennial water segments, wetlands, or portions of streams River Watershed, small, direct Charlotte Harbor tributary that exhibit lake characteristics (e.g., long water residence watersheds south of the Peace River Watershed, time, increased width, or predominance of biological taxa Caloosahatchee River Watershed, Estero Bay Watershed, typically found in non-flowing conditions). Imperial River Watershed, Kissimmee River/Lake Okeechobee (37) “Stream Condition Index (SCI)” shall mean a Drainage Area, Loxahatchee/St. Lucie Watershed, Indian River Biological Health Assessment that measures stream biological Watershed, Daytona/St. Augustine Coastal Drainage Area, St. health in predominantly freshwaters using benthic John’s River Watershed, Nassau Coastal Drainage Area, and macroinvertebrates, performed and calculated using the St. Mary’s River Watershed. Standard Operating Procedures for the SCI (DEP-SOP-003/11 (f) The South Florida region consists of those areas south SCI 1000) and the methodology in Sampling and Use of the of the Peninsula region, such as the Cocohatchee River Stream Condition Index (SCI) for Assessing Flowing Waters: A Watershed, Naples Bay Watershed, Rookery Bay Watershed, Primer’s internet site at http://www.dep.state.fl.us/water/ Ten Thousand Islands Watershed, Lake Worth Lagoon wqssp/swq-docs or by writing to the Florida Department of Watershed, Southeast Coast – Biscayne Bay Watershed, Environmental Protection, Standards and Assessment Section, Everglades Watershed, Florida Bay Watershed, and the Florida 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. Keys. For water quality standards purposes, the Stream Condition A map of the Nutrient Watershed Regions may be obtained Index shall not apply in the South Florida Nutrient Watershed from the Department’s internet site at http://www.dep.state. Region. fl.us/water/wqssp/swq-docs or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
3756 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(38)(28) “Surface wWater” means water upon the surface express the maximum not to be exceeded at any time. In some of the earth, whether contained in bounds created naturally or cases, there are separate or additional limits, which apply artificially or diffused. Water from natural springs shall be independently of the maximum not to be exceeded at any time. classified as surface water when it exits from the spring onto For example, annual average (denoted as “annual avg.” in the the earth’s surface. Table) means the maximum concentration at average annual (39) “Total Maximum Daily Load” (TMDL) for an flow conditions (see subsection 62-302.200(2), F.A.C.). impaired waterbody or waterbody segment shall mean the sum Numeric interpretations of the narrative nutrient criterion in of the individual wasteload allocations for point sources and paragraph 62-302.530 (47)(b), F.A.C., shall be expressed as the load allocations for nonpoint sources and natural spatial averages and applied over a spatial area consistent with background. Prior to determining individual wasteload their derivation. In applying the water quality standards, the allocations and load allocations, the maximum amount of a Department shall take into account the variability occurring in pollutant that a waterbody or water segment can assimilate nature and shall recognize the statistical variability inherent in from all sources without exceeding water quality standards sampling and testing procedures. The Department’s assessment must first be calculated. A TMDL shall include either an methodology, set forth in Chapter 62-303, F.A.C., accounts for implicit or explicit margin of safety and a consideration of such natural and statistical variability when used to assess seasonal variations. ambient waters pursuant to sections 305(b) and 303(d) of the (40)(29) “Total rRecoverable mMetal” shall mean the Federal Clean Water Act. concentration of metal in an unfiltered sample following (1) through (70) No change. treatment with hot dilute mineral acid. Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, (41)(30) No change. 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, (42)(31) “Water quality standards” shall mean standards 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History– composed of designated present and future most beneficial New 1-28-90, Formerly 17-3.065, Amended 2-13-92, 6-17-92, Formerly 17-302.540, 17-302.550, 17-302.560, 17-302.570, uses (classification of waters), the numerical and narrative 17-302.580, Amended 4-25-93, Formerly 17-302.530, Amended criteria, including Site Specific Alternative Criteria, applied to 1-23-95, 1-15-96, 5-15-02, 7-19-04, 12-7-06, 8-5-10,______. the specific water uses or classification, the Florida anti-degradation policy, and the moderating provisions, such as 62-302.531 Numeric Interpretations of Narrative Nutrient variances, mixing zone rule provisions, or exemptions. Criteria. contained in this rule and in Chapter 62-4, adopted pursuant to (1) The narrative water quality criteria for nutrients in Chapter 403, F.S. paragraphs 62-302.530(47)(a) and (b), F.A.C., applies to all (43)(32) No change. Class I, Class II, and Class III waters. (44)(33) “Zone of mMixing” or “mMixing zZone” shall (2) The narrative water quality criterion for nutrients in mean a volume of surface water containing the point or area of paragraph 62-302.530(47)(b), F.A.C., shall be numerically discharge and within which an opportunity for the mixture of interpreted for both nutrients and nutrient response variables in wastes with receiving surface waters has been afforded. a hierarchical manner as follows: Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, (a) Where a site specific numeric interpretation of the 403.804, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, criterion in paragraph 62-302.530(47)(b), F.A.C., has been 403.062, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. established by the Department, this numeric interpretation shall History–New 05-29-90, Amended 2-13-92, Formerly 17-302.200, be the primary interpretation. If there are multiple Amended 1-23-95, 5-15-02, 4-2-08,______. interpretations of the narrative criterion for a waterbody, the most recent interpretation established by the Department shall 62-302.530 Table: Surface Water Quality Criteria. apply. A list of the site specific numeric interpretations of The following table contains both numeric and narrative paragraph 62-302.530(47)(b), F.A.C., may be obtained from surface water quality criteria to be applied except within zones the Department’s internet site at http://www.dep.state.fl.us/ of mixing. The left-hand column of the Table is a list of water/wqssp/swq-docs or by writing to the Florida Department constituents for which a surface water criterion exists. The of Environmental Protection, Standards and Assessment headings for the water quality classifications are found at the Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL top of the Table, and the classification descriptions for the 32399-2400. headings are specified in subsection 62-302.400(1), F.A.C. 1. The primary site specific interpretations are as follows: Applicable criteria lie within the Table. The individual criteria a. Total Maximum Daily Loads (TMDLs) adopted under should be read in conjunction with other provisions in water Chapter 62-304, F.A.C., that interpret the narrative water quality standards, including Rule 62-302.500, F.A.C. The quality criterion for nutrients in paragraph 62-302.530(47)(b), criteria contained in Rule 62-302.500, F.A.C., also apply to all F.A.C., for one or more nutrients or nutrient response waters unless alternative or more stringent criteria are specified variables; in Rule 62-302.530, F.A.C. Unless otherwise stated, all criteria
Section II - Proposed Rules 3757 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
b. Site specific alternative criteria (SSAC) for one or more or nutrient response variables, set forth in this paragraph (2)(b), nutrients or nutrient response variables as established under shall be the applicable interpretations. Absent a numeric Rule 62-302.800, F.A.C.; interpretation as established in paragraph 62-302.531(2)(a), c. Estuary-specific numeric interpretations of the narrative F.A.C., site specific numeric interpretations are established as nutrient criterion established in Rule 62-302.532, F.A.C.; or follows: d. Other site specific interpretations for one or more 1. For lakes, the applicable numeric interpretations of the nutrients or nutrient response variables that are formally narrative nutrient criterion in paragraph 62-302.530(47)(b), established by rule or final order by the Department, such as a F.A.C., for chlorophyll a are shown in the table below. The Reasonable Assurance Demonstration pursuant to Rule applicable interpretations for TN and TP will vary on an annual 62-303.600, F.A.C., or Level II Water Quality Based Effluent basis, depending on the availability of chlorophyll a data and Limitations (WQBEL) established pursuant to Rule the concentrations of nutrients and chlorophyll a in the lake, as 62-650.500, F.A.C. To be recognized as the applicable site described below. The applicable numeric interpretations for specific numeric interpretation of the narrative nutrient TN, TP, and chlorophyll a shall not be exceeded more than criterion, the interpretation must establish the total allowable once in any consecutive three year period. load or ambient concentration for at least one nutrient that a. If there are sufficient data to calculate the annual results in attainment of the applicable nutrient response geometric mean chlorophyll a and the mean does not exceed variable that represents achievement of the narrative nutrient the chlorophyll a value for the lake type in the table below, criterion for the waterbody. then the TN and TP numeric interpretations for that calendar 2. For the primary site specific interpretations in year shall be the annual geometric means of lake TN and TP subparagraph 62-302.531(2)(a)1., F.A.C., the notice of samples, subject to the minimum and maximum limits in the rulemaking or other public notice shall state that the table below. However, for lakes with color > 40 PCU in the Department is establishing a site specific interpretation for the West Central Nutrient Watershed Region, the maximum TP receiving waterbody, and offer an opportunity for a public limit shall be the 0.49 mg/L TP streams threshold for the meeting and public comment. region; or (b) If site specific numeric interpretations, as described in b. If there are insufficient data to calculate the annual paragraph 62-302.531(2)(a), F.A.C., above, have not been geometric mean chlorophyll a for a given year or the annual established for a waterbody, but there is an established, geometric mean chlorophyll a exceeds the values in the table quantifiable cause-and-effect relationship between one or more below for the lake type, then the applicable numeric nutrients and nutrient response variables linked to a value that interpretations for TN and TP shall be the minimum values in protects against an imbalance in the natural populations of the the table below. aquatic flora or fauna, then the numeric values for the nutrients Long Term Geometric Annual Geometric Minimum calculated numeric Maximum calculated numeric Mean Lake Color and Mean Chlorophyll interpretation interpretation Alkalinity a Annual Geometric Annual Annual Geometric Annual Mean Total Geometric Mean Total Geometric Mean Phosphorus Mean Total Phosphorus Total Nitrogen Nitrogen > 40 Platinum Cobalt Units 20 µg/L 0.05 mg/L 1.27 mg/L 0.16 mg/L1 2.23 mg/L ≤ 40 Platinum Cobalt Units and > 20 mg/L 20 µg/L 0.03 mg/L 1.05 mg/L 0.09 mg/L1 1.91 mg/L CaCO3 ≤ 40 Platinum Cobalt Units and ≤ 20 mg/L 6 µg/L 0.01 mg/L 0.51 mg/L 0.03 mg/L1 0.93 mg/L CaCO3 1 For lakes with color > 40 PCU in the West Central least three years with at least one data point in each year. If Nutrient Watershed Region, the maximum TP limit shall be insufficient alkalinity data are available, long-term geometric the 0.49 mg/L TP streams threshold for the region. mean specific conductance values shall be used, with a value c. For the purpose of subparagraph 62-302.531(2)(b)1., of <100 micromhos/cm used to estimate the 20 mg/L CaCO3 F.A.C., color shall be assessed as true color and shall be free alkalinity concentration until such time that alkalinity data are from turbidity. Lake color and alkalinity shall be the long-term available. geometric mean, based on a minimum of ten data points over at
3758 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
2. For spring vents, the applicable numeric interpretation achieved in a stream segment where information on of the narrative nutrient criterion in paragraph chlorophyll a levels, algal mats or blooms, nuisance 62-302.530(47)(b), F.A.C., is 0.35 mg/L of nitrate-nitrite (NO3 macrophyte growth, and changes in algal species composition + NO2) as an annual geometric mean, not to be exceeded more indicates there are no imbalances in flora or fauna, and either: than once in any three calendar year period. 1. The average score of at least two temporally (c) For streams, if a site specific interpretation pursuant to independent SCIs performed at representative locations and paragraph 62-302.531(2)(a) or (2)(b), F.A.C., has not been times is 40 or higher, with neither of the two most recent SCI established, biological information shall be used to interpret scores less than 35, or the narrative nutrient criterion in combination with Nutrient 2. The nutrient thresholds set forth in the table below are Thresholds. The narrative nutrient criterion in paragraph achieved. 62-302.530(47)(b), F.A.C., shall be interpreted as being Nutrient Watershed Region Total Phosphorus Nutrient Threshold1 Total Nitrogen Nutrient Threshold1 Panhandle West 0.06 mg/L 0.67 mg/L Panhandle East 0.18 mg/L 1.03 mg/L North Central 0.30 mg/L 1.87 mg/L Peninsular 0.12 mg/L 1.54 mg/L West Central 0.49 mg/L 1.65 mg/L South Florida No numeric nutrient threshold. The No numeric nutrient threshold. The narrative criterion narrative criterion in paragraph in paragraph 62-302.530(47)(b), F.A.C., applies. 62-302.530(47)(b), F.A.C., applies. 1These values are annual geometric mean concentrations not (a) For numeric interpretations based on paragraph to be exceeded more than once in any three calendar year 62-302.531(2)(a), F.A.C., the spatial application of the numeric period. interpretation is as defined in the associated order or rule. (3) Except for data used to establish historical chlorophyll (b) For lakes covered under subparagraph a levels, chlorophyll a data assessed under this Chapter shall 62-302.531(2)(b)1., F.A.C., the numeric interpretation shall be be measured according to the DEP document titled applied as a lake-wide or lake segment-wide average. “Applicability of Chlorophyll a Methods” (DEP-SAS-002/10), (c) For spring vents covered under subparagraph incorporated by reference herein. Copies of the chlorophyll a 62-302.531(2)(b)2., F.A.C., the numeric interpretation shall be document may be obtained from the Department’s internet site applied in the surface water at or above the spring vent. at http://www.dep.state.fl.us/water/wqssp/swq-docs or by (d) For streams covered under paragraph writing to the Florida Department of Environmental Protection, 62-302.531(2)(c), F.A.C., the spatial application of the numeric Standards and Assessment Section, 2600 Blair Stone Road, MS interpretation shall be determined by relative stream 6511, Tallahassee, FL 32399-2400. Chlorophyll a data homogeneity and shall be applied to waterbody segments or collected after [effective date] shall be corrected for or free aggregations of segments as determined by the site-specific from the interference of phaeophytin. considerations. (4) The loading of nutrients from a waterbody shall be (8) Load-based or percent reduction-based nutrient limited as necessary to provide for the attainment and TMDLs or Level II Water Quality Based Effluent Limitations maintenance of water quality standards in downstream waters. (WQBELs) pursuant to Chapter 62-650, F.A.C., do not need to (5) To qualify as temporally independent samples, each be converted into concentration-based nutrient TMDLs or SCI shall be conducted at least three months apart. SCIs WQBELs to be used as the basis for the numeric interpretation collected at the same location less than three months apart shall of the narrative criterion. For percent reduction-based nutrient be considered one sample, with the mean value used to TMDLs, the associated allowable load or concentration is the represent the sampling period. numeric interpretation of the narrative criterion for the (6) To calculate an annual geometric mean for TN, TP, or waterbody. chlorophyll a, there shall be at least four (9) Rule 62-302.531, F.A.C., shall not be implemented temporally-independent samples per year with at least one until it is approved in its entirety pursuant to 40 C.F.R. § sample taken between May 1 and September 30 and at least 131.21 and 33 U.S.C. § 1313(c). If any provision of Rule one sample taken during the other months of the calendar year. 62-302.531, F.A.C., is later determined invalid, then the To be treated as temporally-independent, samples must be entirety of Rule 62-302.531, F.A.C., shall not be implemented. taken at least one week apart. Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, (7) The numeric interpretation of the narrative nutrient 403.804 FS. Law Implemented 403.021, 403.061, 403.067, 403.087, criterion shall be applied over a spatial area consistent with its 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. derivation. History–New______.
Section II - Proposed Rules 3759 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
62-302.532 Estuary-Specific Numeric Interpretations of interpretations expressed as load per million cubic meters of the Narrative Nutrient Criterion. freshwater inflow are the total load of that nutrient to the (1) Estuary-specific numeric interpretations of the estuary divided by the total volume of freshwater inflow to that narrative nutrient criterion in paragraph 62-302.530(47)(b), estuary. F.A.C., are in the table below. The concentration-based estuary interpretations are open water, area-wide averages. The Estuary Total Phosphorus Total Nitrogen Chlorophyll a (a) Clearwater Harbor/St. Annual geometric mean values not to be exceeded more than once in a three year period Joseph Sound 1. St. Joseph Sound 0.05 mg/L 0.66 mg/L 3.1 µg/L 2. Clearwater North 0.05 mg/L 0.61 mg/L 5.4 µg/L 3. Clearwater South 0.06 mg/L 0.58 mg/L 7.6 µg/L (b) Tampa Bay Annual totals for nutrients and annual arithmetic means for chlorophyll a, not to be exceeded more than once in a three year period 1. Old Tampa Bay 0.23 tons/million 1.08 tons/million cubic 9.3 µg/L cubic meters of meters of water water 2. Hillsborough Bay 1.28 tons/million 1.62 tons/million cubic 15.0 µg/L cubic meters of meters of water water 3. Middle Tampa Bay 0.24 tons/million 1.24 tons/million cubic 8.5 µg/L cubic meters of meters of water water 4. Lower Tampa Bay 0.14 tons/million 0.97 tons/million cubic 5.1 µg/L cubic meters of meters of water water 5. Boca Ciega North 0.18 tons/million 1.54 tons/million cubic 8.3 µg/L cubic meters of meters of water water 6. Boca Ciega South 0.06 tons/million 0.97 tons/million cubic 6.3 µg/L cubic meters of meters of water water 7. Terra Ceia Bay 0.14 tons/million 1.10 tons/million cubic 8.7 µg/L cubic meters of meters of water water 8. Manatee River Estuary 0.37 tons/million 1.80 tons/million cubic 8.8 µg/L cubic meters of meters of water water (c) Sarasota Bay Annual geometric mean values for nutrients and annual arithmetic means for chlorophyll a, not to be exceeded more than once in a three year period 1. Palma Sola Bay 0.26 mg/L 0.93 mg/L 11.8 µg/L 2. Sarasota Bay 0.19 mg/L See paragraph 6.1 µg/L 62-302.532(3)(i), F.A.C. 3. Roberts Bay 0.23 mg/L 0.54 mg/L 11.0 µg/L 4. Little Sarasota Bay 0.21 mg/L 0.60 mg/L 10.4 µg/L 5. Blackburn Bay 0.21 mg/L 0.43 mg/L 8.2 µg/L (d) Charlotte Harbor/ Annual arithmetic mean values for nutrients and annual arithmetic means for chlorophyll a, not to Estero Bay be exceeded more than once in a three year period 1. Dona and Roberts Bay 0.18 mg/L 0.42 mg/L 4.9 µg/L 2. Upper Lemon Bay 0.26 mg/L 0.56 mg/L 8.9 µg/L 3. Lower Lemon Bay 0.17 mg/L 0.62 mg/L 6.1 µg/L 4. Charlotte Harbor 0.19 mg/L 0.67 mg/L 6.1 µg/L Proper 5. Pine Island Sound 0.06 mg/L 0.57 mg/L 6.5 µg/L 6. San Carlos Bay 0.07 mg/L 0.56 mg/L 3.5 µg/L
3760 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
7. Tidal Myakka River 0.31 mg/L 1.02 mg/L 11.7 µg/L 8. Matlacha Pass 0.08 mg/L 0.58 mg/L 6.1 µg/L 9. Estero Bay (including 0.07 mg/L 0.63 mg/L 5.9 µg/L Tidal Imperial River) (e) Tidal Cocohatchee Annual geometric means that shall not be exceeded more than once in a three year period River/Ten Thousand Islands 1. Tidal Cocohatchee 0.057 mg/L 0.47 mg/L 5.8 µg/L River 2. Collier Inshore 0.032 mg/L 0.25 mg/L 3.1 µg/L 3. Rookery Bay/Marco 0.046 mg/L 0.30 mg/L 4.9 µg/L Island 4. Naples Bay 0.045 mg/L 0.57 mg/L 4.3 µg/L 5. Inner Gulf Shelf 0.018 mg/L 0.29 mg/L 1.6 µg/L 6. Middle Gulf Shelf 0.016 mg/L 0.26 mg/L 1.4 µg/L 7. Outer Gulf Shelf 0.013 mg/L 0.22 mg/L 1.0 µg/L 8. Blackwater River 0.053 mg/L 0.41 mg/L 4.1 µg/L 9. Coastal Transition 0.034 mg/L 0.61 mg/L 3.9 µg/L Zone 10. Gulf Islands 0.038 mg/L 0.44 mg/L 3.4 µg/L 11. Inner Waterway 0.033 mg/L 0.69 mg/L 5.2 µg/L 12. Mangrove Rivers 0.021 mg/L 0.71 mg/L 3.7 µg/L 13. Ponce de Leon 0.024 mg/L 0.52 mg/L 3.0 µg/L 14. Shark River Mouth 0.022 mg/L 0.75 mg/L 2.2 µg/L 15. Whitewater Bay 0.026 mg/L 0.82 mg/L 4.1 µg/L (f) Florida Bay Annual geometric means that shall not be exceeded more than once in a three year period 1. Central Florida Bay 0.019 mg/L 0.99 mg/L 2.2 µg/L 2. Coastal Lakes 0.045 mg/L 1.29 mg/L 9.3 µg/L 3. East Central Florida 0.007 mg/L 0.65 mg/L 0.4 µg/L Bay 4. Northern Florida Bay 0.010 mg/L 0.68 mg/L 0.8 µg/L 5. Southern Florida Bay 0.009 mg/L 0.64 mg/L 0.8 µg/L 6. Western Florida Bay 0.015 mg/L 0.37 mg/L 1.4 µg/L (g) Florida Keys Annual geometric means that shall not be exceeded more than once in a three year period 1. Back Bay 0.009 mg/L 0.25 mg/L 0.3 µg/L 2. Backshelf 0.011 mg/L 0.23 mg/L 0.7 µg/L 3. Lower Keys 0.008 mg/L 0.21 mg/L 0.3 µg/L 4. Marquesas 0.008 mg/L 0.21 mg/L 0.6 µg/L 5. Middle Keys 0.007 mg/L 0.22 mg/L 0.3 µg/L 6. Oceanside 0.007 mg/L 0.17 mg/L 0.3 µg/L 7. Upper Keys 0.007 mg/L 0.18 mg/L 0.2 µg/L (h) Biscayne Bay Annual geometric means that shall not be exceeded more than once in a three year period 1. Card Sound 0.008 mg/L 0.33 mg/L 0.5 µg/L 2. Manatee Bay – Barnes 0.007 mg/L 0.58 mg/L 0.4 µg/L Sound 3. North Central Inshore 0.007 mg/L 0.31 mg/L 0.5 µg/L 4. North Central 0.008 mg/L 0.28 mg/L 0.7 µg/L Outer-Bay 5. Northern North Bay 0.012 mg/L 0.30 mg/L 1.7 µg/L 6. South Central Inshore 0.007 mg/L 0.48 mg/L 0.4 µg/L 7. South Central Mid-Bay 0.007 mg/L 0.35 mg/L 0.2 µg/L 8. South Central 0.006 mg/L 0.24 mg/L 0.2 µg/L Outer-Bay 9. Southern North Bay 0.010 mg/L 0.29 mg/L 1.1 µg/L
Section II - Proposed Rules 3761 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(i) Sarasota Bay For TN, the annual geometric mean target is calculated from monthly arithmetic mean color by region and season. Annual geometric means that shall not be exceeded more than once in a three year period. The Sarasota Bay regions are defined as north (Manatee County) and south (Sarasota County). The wet season for Sarasota Bay is defined as July through October and the dry season is defined as all other months of the year. The seasonal region targets are calculated using monthly color data and shall be calculated as follows:
NWi=Ln[(13.35-(0.32*CNi))/3.58] NDi=Ln[(10.39-(0.32*CNi))/3.58] SWi=Ln[(8.51-(0.32*CSi,)/3.58] SDi=Ln[(5.55-(0.32*CSi))/3.58]
Where, th NWi is the TN target for i month calculated for the north region during the wet season th NDi is the TN target for i month calculated for the north region during the dry season th SWi is the TN target for i month calculated for the south region during the wet season th SWi is the TN target for i month calculated for the south region during the dry season th CNi is the arithmetic mean color during the i month within the north region th CSi is the arithmetic mean color during the i month within the south region
The annual TN target is calculated as the geometric mean of all monthly regional and season targets as follows:
(j) Clam Bay (Collier No more than 10 percent of the individual Total Phosphorus (TP) or Total Nitrogen (TN) County) measurements shall exceed the respective TP Upper Limit or TN Upper Limit.
TP Upper Limit (mg/L) = TN Upper Limit (mg/L) = 2.3601 – e(-1.06256- 0.0000328465*Conductivity (µS)) 0.0000268325*Conductivity (µS) (2) Estuarine and marine areas are delineated in the map of provisions of Chapter 120, F.S. This subsection 62-302.532(3), the Florida Marine Nutrient Regions that may be obtained from F.A.C., shall not be implemented until Rule 62-302.531, the Department’s internet site at F.A.C., is approved in its entirety pursuant to 40 C.F.R. § http://www.dep.state.fl.us/water/wqssp/swq-docs or by writing 131.21 and 33 U.S.C. § 1313(c). If any provision of Rule to the Florida Department of Environmental Protection, 62-302.531, F.A.C., is later determined invalid, then this Standards and Assessment Section, 2600 Blair Stone Road, MS subsection shall not be implemented. 6511, Tallahassee, FL 32399-2400. Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, (3) The Department shall establish by rule or final order 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, estuary specific numeric interpretations of the narrative 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History– nutrient criteria for TN and TP for Perdido Bay, Pensacola Bay New______. (including Escambia Bay), St. Andrews Bay, Choctawhatchee Bay, and Apalachicola Bay by June 30, 2013, subject to the 62-302.800 Site Specific Alternative Criteria. provisions of Chapter 120, F.S. The Department shall establish (1) Type I Site Specific Alternative Criteria: A waterbody by rule or final order the estuary specific numeric water body, or portion thereof, may not meet a particular interpretation of the narrative nutrient criteria for TN and TP ambient water quality criterion specified for its classification, for the remaining estuaries by June 30, 2015, subject to the due to natural background conditions or man-induced
3762 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 conditions which cannot be controlled or abated. In such 3.4. Odor (subsections 62-302.500(1), 62-302.530(21), circumstances, and upon petition by an affected person or upon 62-302.530(48), and paragraphs 62-302.530 (49)(b) and the initiation by the Department, the Secretary may establish a 62-302.530(52)(a), F.A.C.). site specific alternative water quality criterion when an 4.5. Oils and Greases (subsection 62-302.530(49), F.A.C.). affirmative demonstration is made that an alternative criterion 5.6. Radioactive Substances (subsection 62-302.530(57), is more appropriate for a specified portion of waters of the F.A.C.). state. Public notice and an opportunity for public hearing shall 6.7. Substances in concentrations that injure, are be provided prior to issuing any order establishing alternative chronically toxic to, or produce adverse physiological or criteria. behavioral response in humans, animals, or plants (subsection (a) The affirmative demonstration required by this section 62-302.530(61), F.A.C.). shall mean a documented showing that the proposed alternative 7.8. Substances, other than nutrients, in concentrations that criteria would exist due to natural background conditions or result in the dominance of nuisance species (subsection man-induced conditions which cannot be controlled or abated. 62-302.200(20), F.A.C.). Such demonstration shall be based upon relevant factors which 8.9. Total Dissolved Gases (subsection 62-302.530(66), include: F.A.C.). 1. A description of the physical nature of the specified 9.10 No change. waterbody water body and the water pollution sources (e) through (f) No change. affecting the criterion to be altered. (3) Type III Site Specific Alternative Criteria (SSAC) for 2. through 4. No change. Nutrients: Upon petition by an affected person or upon (b) No change. initiation by the Department, the Department shall establish, by (2) Type II Site Specific Alternative Criteria: In Secretarial Order, site specific numeric nutrient criteria when accordance with the procedures set forth below, affected an affirmative demonstration is made that the proposed criteria persons may petition the Department, or the Department may achieve the narrative nutrient criteria in paragraph initiate rulemaking, to adopt an alternative water quality 62-302.530(47)(b), F.A.C., and are protective of downstream criterion for a specific waterbody water body, or portion waters. Public notice and an opportunity for public hearing thereof, on the basis of site-specific reasons other than those shall be provided prior to adopting any order establishing set forth above in subsection 62-302.800(1), F.A.C. The alternative criteria under this subsection. Department shall process any such petition as follows: (a) The Department shall establish a Type III SSAC if all (a) through (c)1. No change. of the following conditions are met: 2. In making the demonstration required by this paragraph 1. The petitioner demonstrates that the waterbody achieves (c), the petition shall include an assessment of aquatic toxicity, the narrative nutrient criteria in paragraph 62-302.530(47)(b), except on a showing that no such assessment is relevant to the F.A.C. particular criterion. The assessment of aquatic toxicity shall a. For streams, such a demonstration shall require: show that physical and chemical conditions at the site alter the i. Information on chlorophyll a levels, algal mats or toxicity or bioavailability of the compound in question and blooms, nuisance macrophyte growth, and changes in algal shall meet the requirements and follow the Indicator Species species composition indicating that there is not an imbalance in procedure set forth in Water Quality Standards Handbook flora, and (December 1983), a publication of the United States ii. At least two temporally independent SCIs, conducted at Environmental Protection Agency, incorporated here by a minimum of two spatially-independent stations reference. If, however, the Indicator Species Procedure is not representative of the waterbody or water segment for which a applicable to the proposed site-specific alternative criterion, SSAC is requested, with an average score of 40 or higher, with the petitioner may propose another generally accepted neither of the two most recent SCI scores less than 35. scientific method or procedure to demonstrate with equal b. For lakes, such a demonstration shall require: assurance that the alternative criterion will protect the aquatic life designated use of the waterbody water body. i. Information on chlorophyll a levels, algal mats or blooms indicating that there is not an imbalance in flora or 3. through 7. No change. fauna, and (d) The provisions of this subsection do not apply to criteria contained in Rule 62-302.500, F.A.C., or criteria that ii. At least two temporally independent LVIs, with an apply to: average score of 43 or above. 1. Biological Integrity (subsection 62-302.530(10), c. SCIs and LVIs collected at the same location less than F.A.C.). three months apart shall be considered to be one sample, with the mean value used to represent the sampling period. SCIs and 2. B.O.D. (subsection 62-302.530(11), F.A.C.). LVIs shall be conducted during the water quality sampling 3. Nutrients.
Section II - Proposed Rules 3763 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 period described in subparagraph 62-302.800(3)(a)2, F.A.C. Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, There shall be a minimum of two assessments per station or 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, lake, with at least one assessment conducted during the final 403.088, 403.141, 403.161, 403.502 FS. History–Formerly 17-3.05(4), Amended 3-1-79, 10-2-80, 2-1-83, Formerly 17-3.031, year. Amended 6-17-92, Formerly 17-302.800, Amended 5-15-02, 1-9-06, 2. The petitioner provides sufficient data to characterize 6-28-06, 12-7-06, 8-5-07, 8-5-10,______. water quality conditions, including temporal variability, that are representative of the biological data used to support the NAME OF PERSON ORIGINATING PROPOSED RULE: SSAC. The water quality data shall be collected in the same Drew Bartlett waterbody segment as the biological monitoring stations and at NAME OF AGENCY HEAD WHO APPROVED THE a frequency and duration consistent with the study design PROPOSED RULE: Herschel T. Vinyard, Jr. concepts described in the document titled Development of Type DATE PROPOSED RULE APPROVED BY AGENCY III Site Specific Alternative Criteria (SSAC) for Nutrients ’s HEAD: November 1, 2011 internet site at http://www.dep.state.fl.us/water/wqssp/ DATE NOTICE OF PROPOSED RULE DEVELOPMENT swq-docs or by writing to the Florida Department of PUBLISHED IN FAW: May 20, 2011 Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. DEPARTMENT OF ENVIRONMENTAL PROTECTION Water quality data associated with extreme climatic conditions, RULE NOS.: RULE TITLES: such as floods, droughts, and hurricanes, shall be excluded 62-303.150 Relationships Among Planning, from the analysis. Study and Verified Lists 3. Demonstration of downstream protection by one of the 62-303.200 Definitions following methods: 62-303.310 Evaluation of Aquatic Life Use a. Downstream waters are attaining water quality Support standards related to nutrient conditions pursuant to Chapter 62-303.330 Biological Assessment 62-303, F.A.C.; or 62-303.350 Assessments of Numeric b. If the downstream waters do not attain water quality Interpretations of Narrative standards related to nutrient conditions: Nutrient Criteria i. The nutrients delivered by the waterbody subject to the 62-303.351 Nutrients in Freshwater Streams Type III SSAC meet the allocations of a downstream TMDL; 62-303.352 Nutrients in Freshwater Lakes or 62-303.353 Nutrients in Estuaries and Open ii. The nutrients delivered by the waterbody are shown to Coastal Waters provide for the attainment and maintenance of water quality 62-303.354 Nitrate-nitrite in Freshwater Spring standards in downstream waters. Vents (b) The SSAC shall be established at a level representative 62-303.390 The Study List of nutrient loads or concentrations that have been demonstrated 62-303.420 Aquatic Life-Based Water Quality to be protective of the designated use by maintaining balanced, Criteria Assessment natural populations of aquatic flora and fauna. This 62-303.430 Biological Impairment demonstration shall take into account natural variability by 62-303.450 Assessments of Numeric using statistical methods appropriate to the data set, as Interpretation of Narrative Nutrient described in Development of Type III Site Specific Alternative Criteria Criteria (SSAC) for Nutrients (DEP-SAS-004/11). 62-303.710 Format of Verified List and Verified (3) through (4) renumbered (4) through (5) No change. List Approval (6)(5) Type II sSite specific alternative criteria apply to the 62-303.720 Delisting Procedure water bodies, or portions of the water bodies, listed below. For PURPOSE AND EFFECT: The proposed rule revisions, which dissolved oxygen site specific alternative criteria, normal daily are water quality standards, provide for the assessment of the and seasonal fluctuations above the levels listed in the table numeric interpretations of the narrative surface water quality below shall be maintained. For site specific alternative criteria criterion for nutrients that are proposed for adoption in Chapter with seasonal limits, the generally applicable criteria in Rule 62-302, F.A.C. The numeric interpretations are applied as 62-302.530, F.A.C., apply at other times of the year. spatial averages, depending on waterbody type, consistent with their derivations. (a) through (d) No change. SUMMARY: The Department is amending Chapter 62-303, F.A.C., to revise impairment thresholds and establish assessment methodologies for numeric interpretations of the
3764 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 narrative surface water criterion for nutrients in paragraph promulgated numeric nutrient criteria for Florida’s waters. The 62-302.530(47)(b), F.A.C. The proposed rule revisions also Florida Department of Environmental Protection’s (FDEP) establish a new list type (Study List). proposed numeric nutrient criteria are intended to replace OTHER RULES INCORPORATING THIS RULE: Chapter EPA’s rule. Recent reports on the EPA rule estimated that 62-303 and Rules 62-303.100, 62-303.150, 62-303.200, annual implementation costs could range from $135.5 million 62-303.310, 62-303.330, 62-303.350, 62-303.351, 62-303.352. to $4.7 billion. Using information from these estimates with 62-303.353, 62-303.354, 62-303.390, 62-303.420, 62-303.430, assumptions consistent with the proposed FDEP rules, FDEP 62-303.450, 62-303.710, 62-303.720, F.A.C., are referenced by estimates that costs associated with the proposed FDEP rules the following rules: Rules 62-302.530, 62-303.100, would be at or below the lower end of the estimates for the 62-303.150, 62-303.200, 62-303.300, 62-303.310, 62-303.320, existing EPA rule. Although the ultimate costs associated with 62-303.330, 62-303.350, 62-303.351, 62-303.352, 62-303.353, the proposed FDEP rules are anticipated to be significantly 62-303.360, 62-303.370, 62-303.380, 62-303.400, 62-303.410, lower than those applicable to the existing EPA rule, it is clear 62-303.420, 62-303.430, 62-303.450, 62-303.460, 62-303.470, that the those costs will directly or indirectly increase 62-303.480, 62-303.600, 62-303.700, 62-303.710, 62-303.720, regulatory costs in excess of $200,000 in the aggregate in 62-303.810, 62-304.100, 62-305.200, and 62-672.780, F.A.C. Florida within 1 year after the implementation of the proposed EFFECT ON THOSE OTHER RULES: This rulemaking does FDEP rule when compared with existing state rules only. not have any direct effect on Rule 62-301.530, F.A.C. Rule The Agency has determined that the proposed rule is expected 62-302.530, F.A.C., simply notes that Chapter 62-303, F.A.C., to require legislative ratification based on the statement of is the Department’s assessment methodology, and accounts for estimated regulatory costs or if no SERC is required, the natural and statistical variability when assessing ambient information expressly relied upon and described herein: Based waters pursuant to sections 305(b) and 303(d) of the Federal on the economic analysis conducted in preparation of its Clean Water Act. All of the rules listed for Chapter 62-303, statement of estimated regulatory cost, the Department has F.A.C., are simply cross-rule references within the chapter, and determined that the proposed rule is likely to increase this rulemaking takes into account the interconnection between regulatory costs, including any transactional costs, in excess of rule sections for the planning, study, and verified lists. This $1 million in the aggregate within 5 years after implementation rulemaking affects Rule 62-304.100, F.A.C., because it affects of the rule. which waters are listed on the verified list for nutrient Any person who wishes to provide information regarding a impairment. The Department is responsible for developing and statement of estimated regulatory costs, or provide a proposal adopting by rule in Chapter 62-304, F.A.C., Total Maximum for a lower cost regulatory alternative must do so in writing Daily Loads (TMDLs) and their allocations for waters that within 21 days of this notice. have been verified to be impaired by a pollutant pursuant to RULEMAKING AUTHORITY: 403.061, 403.067 FS. Chapter 62-303, F.A.C. This rulemaking also affects Rule LAW IMPLEMENTED: 403.021(11), 403.062, 403.067 FS. 62-305.200, F.A.C., because it establishes when nutrients are A HEARING WILL BE HELD AT THE DATE, TIME AND identified as a “pollutant of concern.” Rule 62-305.200, F.A.C., PLACE SHOWN BELOW: refers to Chapter 62-303, F.A.C., in the definition for DATE AND TIME: Thursday, December 8, 2011, 9:00 a.m. “pollutant of concern,” which means “the pollutant or PLACE: Tallahassee City Commission Chambers, 300 S. pollutants that have been identified as causing the impairment Adams Street, Tallahassee, Florida 32301 of a water body pursuant to the process set forth in Chapter Pursuant to the provisions of the Americans with Disabilities 62-303, F.A.C.” This rulemaking also affects Rule 672.780, Act, any person requiring special accommodations to F.A.C., which requires that operating plans for new or participate in this workshop/meeting is asked to advise the increased discharges from phosphogypsum stack systems agency at least 5 days before the workshop/meeting by identify “any impaired waters and parameters included on a contacting: Eric Shaw at (850)245-8429 or the below verified list, determined in accordance with Chapter 62-303, information. If you are hearing or speech impaired, please F.A.C., for any water body or water body segment existing at contact the agency using the Florida Relay Service, or downstream of the proposed new or increased discharge.” 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). SUMMARY OF STATEMENT OF ESTIMATED THE PERSON TO BE CONTACTED REGARDING THE REGULATORY COSTS AND LEGISLATIVE PROPOSED RULES IS: Eric Shaw, Department of RATIFICATION: The Agency has determined that this will Environmental Protection, Bureau of Assessment and have an adverse impact on small business or likely increase Restoration Support, MS 6511, 2600 Blair Stone Road, directly or indirectly regulatory costs in excess of $200,000 in Tallahassee, FL 32399-2400, (850)245-8429 or e-mail: the aggregate within one year after the implementation of the [email protected]. Copies of the draft rule as well as rule. A SERC has been prepared by the agency. In November 2010, the U.S. Environmental Protection Agency (EPA)
Section II - Proposed Rules 3765 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 further information also may be obtained from the (1) “Biological Health Assessment” “Bioassessment” shall Department’s internet site at: http://www.dep.state.fl.us/water/ mean one of the following aquatic community-based biological wqssp/nutrients/index.htm. (OGC No. 11-1489) evaluations: Stream Condition Index (SCI), a BioRecon, Lake Vegetation Condition Index (LVI), or Shannon-Weaver THE FULL TEXT OF THE PROPOSED RULES IS: Diversity Index Stream Condition Index. (2) “BioRecon” shall mean a biological assessment that PART I measures stream health in predominantly freshwaters using GENERAL benthic macroinvertebrates, performed and calculated using 62-303.150 Relationships Among Between Planning, the Standard Operating Procedures (SOP) for the BioRecon Study and Verified Lists. (DEP-SOP-003/01 BRN 1000), dated 10-24-11, which is (1) The Department shall follow the methodology in Part incorporated by reference herein. Copies of the SOP may be II Rule 62-303.300, F.A.C., to develop a planning list and Part obtained from the Department’s internet site at III to develop a study list pursuant to Section 403.067(2), F.S. http://www.dep.state.fl.us/water/wqssp/swq-docs or by writing As required by Section 403.067(2), F.S., the planning list and to the Florida Department of Environmental Protection, the study list shall not be used in the administration or Standards and Assessment Section, 2600 Blair Stone Road, MS implementation of any regulatory program. The planning list, 6511, Tallahassee, FL 32399-2400. evaluation conducted in and shall be submitted to EPA for informational purposes only. accordance with standard operating procedures (SOPs) FT Waters on this planning list will be assessed pursuant to 3000, F.S. 7410, and LT 7100, as promulgated in Rule Section subsection 403.067(3) F.S., as part of the Department’s 62-160.800, F.A.C. watershed management approach. During this assessment, the (3) “Clean techniques” shall mean those applicable field Department shall determine whether the waterbody water body sampling procedures and analytical methods referenced in is impaired and whether the impairment is due to pollutant “Method 1669: Sampling Ambient Water for Trace Metals at discharges using the methodology in Part IV III. In cases where EPA Water Quality Criteria Levels, July 1996, USEPA, Office a waterbody on the planning list is determined to be impaired of Water, Engineering and Analysis Division, Washington, but the Department cannot determine the cause of the D.C.,” which is incorporated by reference. Copies of the impairment, the waterbody shall be placed on a study list for procedures and methods may be obtained from the further analysis to determine the causative pollutant(s) or other Department’s internet site at http://www.dep.state.fl.us/ factors contributing to the impairment. The study list also water/wqssp/swq-docs or by writing to the Florida Department addresses increasing nutrient trends in waterbodies. The of Environmental Protection, Standards and Assessment Department shall only place a waterbody on the verified list if Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL pollutant loading or concentrations cause or contribute to 32399-2400. nonattainment of water quality standards. The resultant (4) through (6) No change. verified list of impaired waters, which is the list of waters for (7) “Impaired water” shall mean a waterbody water body which TMDLs will be developed by the Department pursuant or waterbody water body segment that does not meet its to Section subsection 403.067(4), F.S., will be adopted by applicable water quality standards as set forth in Chapters Secretarial Order and will be subject to challenge under 62-302 and 62-4, F.A.C, as determined by the methodology in Sections 120.569 and 120.57, F.S. Once adopted, the list will Part IV III of this chapter, due in whole or in part to discharges be submitted to the EPA pursuant to paragraph 303(d)(1) of the of pollutants from point or nonpoint sources. Federal Clean Water Act CWA. (8) “Lake” shall mean a lentic fresh waterbody with a (2) Consistent with state and federal requirements, relatively long water residence time and an open water area opportunities for public participation, including workshops, that is free from emergent vegetation under typical hydrologic meetings, and periods to submit comments on draft lists, will and climatic conditions. Aquatic plants, as defined in be provided as part of the development of planning, study, and subsection 62-340.200(1), F.A.C., may be present in the open verified lists. water. Lakes do not include springs, wetlands, or streams Rulemaking Specific 403.061, 403.067 FS. Law Implemented (except portions of streams that exhibit lake-like 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07, characteristics, such as long water residence time, increased Amended______. width, or predominance of biological taxa typically found in non-flowing conditions). 62-303.200 Definitions. (9)(8) “Lake Vegetation Index (LVI)” shall mean a As used in this chapter: Biological Health Assessment that measures lake biological health in predominantly freshwaters using aquatic and wetland plants, performed and calculated using the Standard Operating Procedures for the LVI (DEP-SOP-003/11 LVI 1000) and the
3766 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 methodology in Sampling and Use of the Lake Vegetation Watershed, Daytona/St. Augustine Coastal Drainage Area, St. Index (LVI) for Assessing Lake Plant Communities in Florida: John’s River Watershed, Nassau Coastal Drainage Area, and A Primer’s internet site at http://www.dep.state.fl.us/ St. Mary’s River Watershed. water/wqssp/swq-docs or by writing to the Florida Department (f) The South Florida region consists of those areas south of Environmental Protection, Standards and Assessment of the Peninsula region, such as the Cocohatchee River Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL Watershed, Naples Bay Watershed, Rookery Bay Watershed, 32399-2400. “Lake Condition Index” shall mean the benthic Ten Thousand Islands Watershed, Lake Worth Lagoon macroinvertebrate component of a biological evaluation Watershed, Southeast Coast – Biscayne Bay Watershed, conducted following the procedures outlined in “Development Everglades Watershed, Florida Bay Watershed, and the Florida of Lake Condition Indexes (LCI) for Florida,” Florida Keys. Department of Environmental Protection, July, 2000, which is A map of the Nutrient Watershed Regions may be obtained incorporated by reference. from the Department’s internet site at (9) through (10) renumbered (10) through (11) No change. http://www.dep.state.fl.us/water/wqssp/swq-docs or by writing (12) “Nutrient” shall mean total nitrogen (TN), total to the Florida Department of Environmental Protection, phosphorus (TP), or their organic or inorganic forms. Standards and Assessment Section, 2600 Blair Stone Road, MS (13) “Nutrient response variable” shall mean a biological 6511, Tallahassee, FL 32399-2400. variable, such as chlorophyll a, biomass, or structure of the (11) through (12) renumbered (15) through (16) No phytoplankton, periphyton or vascular plant community, that change. responds to nutrient load or concentration in a predictable and (17)(13) “Physical alterations” shall mean human-induced measurable manner. For purposes of interpreting paragraph changes to the physical structure of the waterbody water body. 62-302.530(47)(b), F.A.C., Dissolved oxygen (DO) shall also (14) through (16) renumbered (18) through (20) No be considered a nutrient response variable if it is demonstrated change. for the waterbody that DO conditions result in biological (21) “Predominantly fresh waters” shall mean surface imbalance and the DO responds to a nutrient load or waters in which the chloride concentration is less than 1,500 concentration in a predictable and measurable manner. milligrams per liter or specific conductance is less than 4,580 (14) “Nutrient Watershed Region” shall mean a drainage µmhos/cm. area over which the nutrient thresholds in paragraph (22)(17) “Predominantly marine waters” shall mean 62-302.531(2)(c), F.A.C., apply. surface waters in which the chloride concentration at the (a) The Panhandle West region consists of the Perdido Bay surface is greater than or equal to 1,500 milligrams per liter or Watershed, Pensacola Bay Watershed, Choctawhatchee Bay specific conductance is greater than or equal to 4,580 Watershed, St. Andrew Bay Watershed, and Apalachicola Bay µmhos/cm. Watershed. (18) through (19) renumbered (23) through (24) No (b) The Panhandle East region consists of the Apalachee change. Bay Watershed, and Econfina/Steinhatchee Coastal Drainage (25) “Shannon-Weaver Diversity Index” shall mean: Area. negative summation (from i=1 to s) of (ni/N) log2 (ni/N) where (c) The North Central region consists of the Suwannee s is the number of species in a sample, N is the total number of River Watershed and an area in Alachua County stream to sink individuals in a sample, and n is the total number of region affected by the Hawthorne Formation. i (d) The West Central region consists of the Peace, individuals in species i. Myakka, Hillsborough, Alafia, Manatee, Little Manatee River (26)(20) No change. Watersheds, Sarasota/Lemon Bay Watershed and small, direct (27) “Spring vent” shall mean a location where Tampa Bay tributary watersheds south of the Hillsborough groundwater flows out of a natural, discernable opening in the River Watershed. ground onto the land surface or into a predominantly fresh (e) The Peninsula region consists of the Waccasassa surface water. Coastal Drainage Area, Withlacoochee Coastal Drainage Area, (28)(21) “Stream” shall mean a free-flowing, Crystal/Pithlachascotee Coastal Drainage Area, small, direct predominantly fresh surface waterbody that flows water in a Tampa Bay tributary watersheds west of the Hillsborough defined channel with banks. and includes rivers, creeks, River Watershed, small, direct Charlotte Harbor tributary branches, freshwater sloughs, and other similar water bodies. watersheds south of the Peace River Watershed, Streams do not include wetlands or portions of streams that Caloosahatchee River Watershed, Estero Bay Watershed, exhibit lake characteristics (e.g., long water residence time, Imperial River Watershed, Kissimmee River/Lake Okeechobee increased width, and predominance of biological taxa typically Drainage Area, Loxahatchee/St. Lucie Watershed, Indian River found in non-flowing conditions).
Section II - Proposed Rules 3767 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(29)(22) “Stream Condition Index (SCI)” shall mean a zones, site-specific alternative criteria, and exemptions) Biological Health Assessment that measures stream biological contained in Chapter 62-302, F.A.C., and in Chapter 62-4, health in predominantly freshwaters using benthic F.A.C., adopted pursuant to Chapter 403, F.S. macroinvertebrates, performed and calculated using the (36)(29) “Water segment” shall mean a portion of a Standard Operating Procedures for the SCI (DEP-SOP-003/11 waterbody water body that the Department will assess and SCI 1000) and the methodology in Sampling and Use of the evaluate for purposes of determining whether a TMDL will be Stream Condition Index (SCI) for Assessing Flowing Waters: A required. Water segments previously evaluated as part of the Primer’s internet site at http://www.dep. Department’s 1998 305(b) Report are depicted in the map titled state.fl.us/water/wqssp/swq-docs or by writing to the Florida “Water Segments of Florida,” which is incorporated by Department of Environmental Protection, Standards and reference. Assessment Section, 2600 Blair Stone Road, MS 6511, (37)(30) No change. Tallahassee, FL 32399-2400. For water quality standards Rulemaking Specific Authority 403.061, 403.067 FS. Law purposes, the Stream Condition Index shall not apply in the Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended South Florida Nutrient Watershed Region. evaluation 6-5-06, 12-11-06,______. conducted in accordance with SOPs FT 3000, FS 7420, and LT 7200, as promulgated in Rule 62-160.800, F.A.C. PART II (30) “Study list” shall mean the list of surface waters or THE PLANNING LIST segments, as identified in Rule 62-303.390, F.A.C., that do not 62-303.310 Evaluation of Aquatic Life Use Support. attain surface water quality standards, but the cause of A Class I, II, or III water shall be placed on the planning list for nonattainment is unknown and requires further study to assessment of aquatic life use support (propagation and identify the cause of nonattainment, or exhibit a clear adverse maintenance of a healthy, well-balanced population of fish and trend in nutrients or nutrient response variables where a site wildlife) if, based on sufficient quality and quantity of data, it: specific numeric interpretation has not been established (1) No change. pursuant to paragraph 63-302.531(2)(a), F.A.C. (2) Does not meet Bbiological Health Aassessment (31)(23) No change. thresholds for its waterbody water body type as outlined in (32)(24) “Total Mmaximum Ddaily Lload” (TMDL) for Rule 62-303.330, F.A.C., or an impaired waterbody water body or waterbody water body (3) Exceeds nutrient impairment thresholds as outlined in segment shall mean the sum of the individual wasteload Rule 62-303.350, F.A.C. allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining Rulemaking Specific Authority 403.061, 403.067 FS. Law individual wasteload allocations and load allocations, the Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,______. maximum amount of a pollutant that a waterbody water body or waterbody segment can assimilate from all sources without 62-303.330 Biological Assessment. exceeding water quality standards must first be calculated. A (1) No change. TMDL shall include either an implicit or explicit margin of (2) Biological Health Assessments Bioassessments used to safety and a consideration of seasonal variations. evaluate predominantly fresh water assess streams and lakes (25) “Trophic State Index” or “TSI” means the trophic under this rule shall include BioRecons, the Stream Condition state index for index for lakes, which is based on lake Index (SCI) Indices (SCIs), and the Lake Vegetation Index chlorophyll a, Total Nitrogen, and Total Phosphorus levels, and (LVI), and the Shannon-Weaver Diversity Index. the benthic is calculated following the procedures outlined on pages 86 macroinvertebrate component of the Lake Condition Index and 87 of the State’s 1996 305(b) report, which are (LCI), which only applies to clear lakes with a color less than incorporated by reference. 20 platinum cobalt units. BioRecons can also be used to (26) through (27) renumbered (33) through (34) No evaluate predominantly fresh water streams under this rule. change. Because these Biological Health Assessment bioassessment (35)(28) “Water quality standards” shall mean standards procedures require specific training and expertise, persons composed of designated present and future most beneficial conducting a BioRecon, SCI or LVI the bioassessments must uses (classification of waters), the numerical and narrative comply with the quality assurance requirements of Chapter criteria, including Site Specific Alternative Criteria, applied to 62-160, F.A.C. (including adherence to Sampling and Use of the specific water uses or classification, the Florida the Stream Condition Index (SCI) for Assessing Flowing antidegradation policy, and the moderating provisions, such as Waters: A Primer (DEP-SAS-001/11), which was incorporated variances, mixing zone rule provisions, or exemptions. (mixing by reference in subsection 62-303.200(10), F.A.C., and Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer
3768 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(DEP-SAS-002/11), which was incorporated by reference in 62-303.350 Assessments of Numeric Interpretations of subsection 62-303.200(30), F.A.C.), attend at least eight hours Narrative Nutrient Criteria. of Department sanctioned field training, and pass a Department (1) The nutrient impairment thresholds identified in Rules sanctioned field audit that verifies the sampler follows the 62-303.351 through 62-303.354, F.A.C., Trophic state indices applicable SOPs, as set forth in Chapter 62-160, F.A.C., before (TSIs) and annual mean chlorophyll a values shall be the their Biological Health Assessment bioassessment data will be primary means for assessing whether a water should be considered valid for use under this rule. assessed further for nutrient impairment. Other information (3) A water segment shall be included on the planning list indicating an imbalance in flora or fauna due to nutrient if it meets any of the following conditions: Water segments enrichment, such as including, but not limited to, algal blooms with at least one failed bioassessment or one failure of the or mats, excessive nuisance macrophyte growth, decrease in biological integrity standard, subsection 62-302.530(11), the distribution (either in density or areal coverage) of F.A.C., shall be included on the planning list for assessment of submerged aquatic vegetation, adverse changes in algal species aquatic life use support. composition richness, and excessive diel oxygen swings, shall (a) One of the two most recent Shannon-Weaver Diversity also be considered for placing waters on the planning list. Index (subsection 62-302.530(10), F.A.C.) scores is less than (2) To be used to determine whether a waterbody should 75 percent of the value from an appropriate control site. be assessed further for nutrient enrichment, (b) One of the two most recent Stream Condition Index (a) Data must meet the requirements of subsections scores is: (2)-(4), (7), and (8) in Rule 62-303.320, F.A.C.; 1. A score of < 35; or (b) To calculate an annual geometric mean for TN, TP or 2. A 20 point reduction from the historic maximum value chlorophyll a, there shall be at least four if the historic maximum value SCI is above 64. temporally-independent samples per year with at least one (c) One of the two most recent BioRecon scores is ≤4. sample collected between May 1 and September 30 and at least (d) One of the two most recent Lake Vegetation Index one sample collected during the other months of the calendar scores is: year. To be treated as temporally-independent, samples must be 1. A score < 43; or collected at least one week apart; and At least one sample from 2. A 20 point reduction from the historic maximum value each season shall be required in any given year to calculate a if the historic maximum value LVI is above 78. Trophic State Index (TSI) or an annual mean chlorophyll a value for that year (for purposes of this chapter, the four (a) In streams, the bioassessment shall be either an SCI or seasons shall be January 1 through March 31, April 1 through a BioRecon. Failure of a bioassessment for streams consists of June 30, July 1 through September 30, October 1 through a “poor” or “very poor” rating on the Stream Condition Index, December 31), or a “fail” rating on the BioRecon. (c) If there are multiple chlorophyll a or TSI values within (b) Failure for lakes consists of a “poor” or “very poor” a season, the average value for that season shall be calculated rating on the Lake Condition Index. from the individual values and the four quarterly values shall (4) The “historic maximum value” shall be the highest be averaged to calculate the annual mean for that calendar year, mean of any three consecutive, temporally independent Stream (d) For data collected after the effective date of this rule, Condition Index (SCI) scores or Lake Vegetation Index (LVI) individual TSI values shall only be calculated when the scores at the same location that are collected prior to the most nitrogen, phosphorus, and chlorophyll data were collected at recent sample being considered for evaluation with this the same time and location, provision. To qualify as temporally independent samples, each (e) If there are insufficient data used to calculate a TSI or Biological Health Assessment shall be conducted at least three months apart. Biological Health Assessments collected at the an annual mean chlorophyll a value in the planning period, but there are data from at least four consecutive seasons, the mean same water segment less than three months apart shall be considered one sample, with the mean value used to represent TSI or mean chlorophyll a value for the consecutive seasons the sampling period. shall be used to assess the waterbody, (f) There must be annual means from at least four years (5)(4) Other information relevant to the biological health when evaluating the change in TSI over time pursuant to integrity of the water segment, including toxicity tests and subsection 62-303.352(3), F.A.C., and information about alterations in the type, nature, or function of a waterbody, shall also be considered when assessing aquatic (c)(g) To be assessed under this chapter rule, except for life use support. data used to establish historical chlorophyll a levels, chlorophyll a data shall be determined using Rulemaking Specific Authority 403.061, 403.067 FS. Law Department-approved methods as measured according to the Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,______. DEP document titled, “Applicability of Chlorophyll a Methods” (DEP-SAS-002/10), incorporated by reference
Section II - Proposed Rules 3769 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 herein. Copies of the chlorophyll a document may be obtained 62-303.352 Nutrients in Freshwater Lakes. from the Department’s internet site at For the purposes of evaluating nutrient enrichment in lakes, http://www.dep.state.fl.us/water/wqssp/swq-docs or by writing TSI shall be calculated based on the procedures outlined on to the Florida Department of Environmental Protection, pages 86 and 87 of the State’s 1996 305(b) report, which are Standards and Assessment Section, 2600 Blair Stone Road, MS incorporated by reference. Lakes or lake segments shall be 6511, Tallahassee, FL 32399-2400. Chlorophyll a data shall be included on the planning list for nutrients if: corrected for or free from the interference of pheophytin. (1) The numeric interpretation of the narrative nutrient chlorophyll a data collected after the effective date of this rule criterion established in subsection 62-302.531(2), F.A.C., is shall be corrected chlorophyll a, except for data used to exceeded; For lakes with a mean color greater than 40 platinum establish historical chlorophyll a levels. Corrected chlorophyll cobalt units, the annual mean TSI for the lake exceeds 60, a is the calculated concentration of chlorophyll a remaining unless paleolimnological information indicates the lake was after the chlorophyll degradation product, phaeophytin a, has naturally greater than 60, or been subtracted from the uncorrected chlorophyll a (2) Algal mats or blooms are present in sufficient measurement. quantities to pose a nuisance or hinder reproduction of a (3) When comparing changes in chlorophyll a or TSI threatened or endangered species; or For lakes with a mean values to historical levels, historical levels shall be based on color less than or equal to 40 platinum cobalt units, the annual the lowest five-year average for the period of record. To mean TSI for the lake exceeds 40, unless paleolimnological calculate a five year average, there must be annual means from information indicates the lake was naturally greater than 40, or at least three years of the five-year period. (3) There is a statistically significant increasing trend in Rulemaking Specific Authority 403.061, 403.067 FS. Law the annual geometric means at the 95 percent confidence level Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended in TN, TP, or chlorophyll a’s one-sided, upper-tail test for 12-11-06,______. trend.’s one-sided, upper-tail test for trend, as described in Nonparametric Statistical Methods by M. Hollander and D. 62-303.351 Nutrients in Freshwater Streams. Wolfe (1999 ed.), pages 376 and 724 (which are incorporated A stream or stream segment shall be included on the planning by reference), with a 95 percent confidence level. list for nutrients if: the following biological imbalances are observed: Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended (1) The applicable numeric interpretation of the narrative 12-11-06,______. nutrient criterion established in subsection 62-302.531(2), F.A.C., is exceeded; 62-303.353 Nutrients in Estuaries and Open Coastal (2) For streams meeting the definition in subsection Waters. 62-302.200(36), F.A.C., the nutrient thresholds in Estuaries, estuary segments, or open coastal waters shall be subparagraph 62-302.531(2)(c)3., F.A.C., are exceeded and included on the planning list for nutrients if: insufficient Biological Health Assessment data are available to (1) The numeric interpretation of the narrative nutrient fully assess achievement of the nutrient provisions in criterion established in subsection 62-302.531(2), F.A.C., is subparagraph 62-302.531(2)(c)2., F.A.C.; exceeded; or (3)(1) Algal mats or blooms are present in sufficient (2) Ttheir annual geometric mean chlorophyll a for any quantities to pose a nuisance or hinder reproduction of a year is greater than 11 ug/l, or if data indicate annual mean threatened or endangered species;, or chlorophyll a values have increased by more than 50 percent (4)(2) Annual geometric mean chlorophyll a over historical values for at least two consecutive years. concentrations are greater than 20 ug/l; or if data indicate (3) Algal mats or blooms are present in sufficient annual mean chlorophyll a values have increased by more than quantities to pose a nuisance or hinder reproduction of a 50 percent over historical values for at least two consecutive threatened or endangered species, or years. (4) There is a statistically significant increasing trend in (5) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level the annual geometric means at the 95 percent confidence level in TN, TP, or chlorophyll a’s one-sided, upper-tail test for in TN, TP or chlorophyll a’s one-sided, upper-tail test for trend. trend, as described in Nonparametric Statistical Methods by M. Rulemaking Specific Authority 403.061, 403.067 FS. Law Hollander and D. Wolfe (1999 ed.), pages 376 and 724, which Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended are incorporated by reference herein. 12-11-06,______. Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07, Amended______.
3770 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
62-303.354 Nitrate-nitrite in Freshwater Spring Vents. 2. A reasonable expectation that the water will become A spring vent in predominantly fresh waters shall be included impaired within 10 years, taking into consideration the current on the planning list for nitrate-nitrite if: concentrations of nutrients or nutrient response variables and (1) The numeric interpretation of the narrative nutrient the slope of the trend. criterion established in subsection 62-302.531(2), F.A.C., is (b) A waterbody segment does not achieve the Biological exceeded; Health Assessment provisions in Rule 62-303.430, F.A.C., but (2) Algal mats or blooms are present in sufficient a causative pollutant has not been identified; quantities to pose a nuisance or hinder reproduction of a (c) A waterbody segment is verified as not meeting the threatened or endangered species; or dissolved oxygen criterion pursuant to Part IV of this Chapter, (3) There is a statistically significant increasing trend in but a causative pollutant has not been identified; the annual geometric means at the 95 percent confidence level (d) A waterbody segment where pollution control in nitrate-nitrite over the planning period using a Mann’s mechanisms are in place or planned that meet the requirements one-sided, upper-tail test for trend. of Rule 62-303.600, F.A.C., except that there is uncertainty when water quality standards will be attained and the Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New______. waterbody segment requires additional study; or (e) For streams meeting the definition in subsection PART III 62-302.200(36), F.A.C., the nutrient thresholds in THE STUDY LIST subparagraph 62-302.531(2)(c)3., F.A.C., are exceeded based on data from the last 7.5 years and insufficient Biological 62-303.390 The Study List. Health Assessment, chlorophyll a, or other response variable (1) The Study List contains waters where evidence data are available to fully assess achievement of the nutrient indicates nonattainment of water quality standards, but the provisions in paragraph 62-302.531(2)(c), F.A.C. A TMDL Department does not have enough information to determine the shall not be established for the waterbody prior to the causative pollutant(s) and therefore cannot determine the collection of additional response variable data and the appropriate remedy, and waters where a site specific numeric conclusion of the next assessment cycle. interpretation has not been established pursuant to paragraph (3) Waters that fall under paragraph 62-303.390(2)(a), 63-302.531(2)(a), F.A.C., and there is a clear adverse trend in F.A.C., and do not have a site specific numeric interpretation of nutrients or nutrient response variables. Causes of the narrative pursuant to paragraph 62-302.351(2)(a), F.A.C., nonattainment can include excess pollutant loading or shall be removed from the Study List upon development of a concentrations, habitat or hydrologic alterations, or natural site-specific interpretation of the narrative nutrient criteria for conditions. Waters that do not attain water quality standards the waterbody. Those waters subject to a site specific due to natural conditions pursuant to paragraph interpretation of the narrative that meet the provisions of 62-303.420(1)(b), F.A.C., shall not be added to the Study List. subparagraph 62-303.390(2)(a)1., F.A.C., will be reevaluated To conform to the expectations of Section 303(d) of the by the Department to determine whether adjustments are Federal Clean Water Act and federal regulations at 40 C.F.R. necessary to provide for the attainment and maintenance of 130.7(b), waters and associated parameters indentified in the water quality standards in downstream waterbodies. Study List will be submitted to EPA as water quality limited (4) For waters that fall under paragraph 62-303.390(2)(b), segments. However, pursuant to paragraph 403.067(2)(a), F.S., the Study List cannot be used in the administration or F.A.C., above, a stressor identification study shall be implementation of any regulatory program. conducted to identify the causative pollutant(s) or other factor(s) responsible for nonattainment. A stressor (2) A Class I, II, or III water shall be placed on the study identification study includes collection and analysis of list if: physical, chemical, and biological data necessary to determine (a) For waters with a statistically-significant increasing the causative pollutant(s) or other factor(s) causing trend in TN, TP, nitrate-nitrite, or chlorophyll a pursuant to nonattainment. subsection 62-303.351(5), 62-303.352(3), 62-303.353(2), or (5) It is the Department’s goal to collect the additional data 62-303.354(3), F.A.C., the Department confirms there is: needed for waters on the Study List as part of its watershed 1. A statistically-significant (at the 95 percent confidence management approach, with the data collected during either the level) temporal trend in the annual geometric means after same cycle that the water is initially listed on the study list or controlling for or removing the effects of confounding during the subsequent cycle. variables, such as climatic and hydrologic cycles, seasonality, quality assurance issues, and changes in analytical methods or Rulemaking Authority 403.061, 403.067 FS. Law Implemented method detection limits; and 403.062, 403.067 FS. History–New______.
Section II - Proposed Rules 3771 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
PART IV III Rulemaking Specific Authority 403.061, 403.067 FS. Law THE VERIFIED LIST Implemented 403.021(11), 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,______. 62-303.420 Aquatic Life-Based Water Quality Criteria Assessment. 62-303.430 Biological Impairment. (1) No change. (1) All Biological Health Assessments bioassessments (a) No change. used to list a water on the verified list shall be conducted and (b) If the Department has information suggesting that the interpreted in accordance with Chapter 62-160, F.A.C., values not meeting the dissolved oxygen (DO) criterion are due including Department-approved Standard Operating to natural background conditions, including information about Procedures and the Department documents, Sampling and Use the in-stream concentrations of TN, TP, and BOD relative to of the Stream Condition Index (SCI) for Assessing Flowing comparable reference waters for waterbodies with values Waters: A Primer (DEP-SAS-001/11), which was adopted by below the DO criterion, it is the Department’s intent to support reference in subsection 62-303.200(10), F.A.C., and Sampling that conclusion through the use of Biological Health and Use of the Lake Vegetation Index (LVI) for Assessing Lake Assessment bioassessment procedures referenced in Rule Plant Communities in Florida: A Primer (DEP-SAS-002/11), 62-303.330, F.A.C. The waterbody water body or segment which was adopted by reference in subsection 62-303.200(30), shall not be included on the verified list for DO the parameter F.A.C. To be used for placing waters on the verified list, any of concern if two or more temporally independent Biological Biological Health Assessments bioassessments conducted Health Assessments indicate the waterbody supports the before the adoption of applicable SOPs for such Biological protection and maintenance of a healthy, well-balanced Health Assessments bioassessments as part of Chapter 62-160, population of fish and wildlife bioassessments are conducted F.A.C., shall substantially comply with the subsequent SOPs. and no failures are reported. In addition, the Biological Health Biological Health Assessments conducted during conditions Assessments shall be conducted in the same waterbody inconsistent with the applicable primer shall be excluded from segment, or for streams, in the adjacent downstream waterbody the assessment. segment where the water quality samples were taken. These (2) If the water was listed on the planning list based on Biological Health Assessments shall be conducted on the same Biological Health Assessment bioassessment results, the water day or after the water quality samples were collected. To be shall be determined to be biologically impaired if any of the treated as independent bioassessments, they must be conducted following conditions occur: at least two months apart, within the assessed segment (a) The average score of at least two temporally downstream of where the samples were measured, and after the independent Biological Health Assessments is below 40 for the samples were measured. SCI or if either of the two most recent SCI scores is less than (2) No change. 35, or 43 for the LVI. If there are only two Biological Health (3) If the waterbody water was placed on the planning list Assessments and the difference between the two scores is based on worst case values used to represent multiple samples greater than 20 points, then an additional SCI or LVI shall be taken during a four-day period, the Department shall evaluate required and the average of all three scores shall be used. whether the worst case value should be excluded from the (b) The historic maximum SCI value, as defined in analysis pursuant to subsections (4) and (5). If the worst case subsection 62-303.330(4), F.A.C., is above 64 and the average value should not be used, the Department shall then re-evaluate of the two most recent independent SCI scores is 20 or more the data following the methodology in subsection points below the historic maximum value. 62-303.420(2), F.A.C., using the more representative worst (c) The historic maximum value LVI, as defined in case value or, if all valid values are below acutely toxic levels, subsection 62-303.330(4), F.A.C., is above 78 and the average the median value. of the two most recent independent LVI scores is 20 or more (4) If the waterbody water was listed on the planning list points below the historic maximum value. there were two or based on samples that do not meet water quality criteria for more failed bioassessments within the five years preceding the metals, the metals data shall be excluded if it is determined that planning list assessment. If there were less than two failed the quality assurance requirements of subsection bioassessments during the last five years preceding the 62-303.320(8), F.A.C., were not met or that the sample was not planning list assessment, the Department will conduct an collected and analyzed using clean techniques, if the use of additional bioassessment. If the previous failed bioassessment clean techniques is appropriate. The Department shall was a BioRecon, then an SCI will be conducted. Failure of this re-evaluate the remaining valid data using the methodology in additional bioassessment shall constitute verification that the subsection 62-303.420(2), F.A.C., excluding any data that water is biologically impaired. cannot be validated. (5) through (7) No change.
3772 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(d) The average score of at least two temporally 62-303.450 Assessments of Numeric Interpretations of independent Shannon-Weaver Diversity Indices is less than 75 Narrative Nutrient Criteria. percent of the average score from an appropriate control site, (1) A stream or estuary A water shall be placed on the pursuant to subsection 62-302.530(10), F.A.C. verified list for impairment due to nutrients if it exceeds the (3) If the water was listed on the planning list based on chlorophyll a thresholds in subsection 62-303.351(4), F.A.C., BioRecon data, two or more temporally independent SCIs shall or subsection 62-303.353(1), F.A.C., more than once in any be conducted. If the water segment was listed on the planning consecutive three year period, and there are sufficient data list based on other information specified in subsection rule from the last 7.5 five years preceding the planning list 62-303.330(4), F.A.C., indicating biological impairment, two assessment, combined with historical data (if needed to or more temporally independent Biological Health establish historical chlorophyll a a levels or historical TSIs), to Assessments appropriate for the waterbody type shall be meet the data sufficiency requirements of subsection conducted the Department will conduct a bioassessment in the 62-303.350(2), F.A.C. If there are insufficient data, additional waterbody segment, conducted in accordance with the data shall be collected as needed to meet the requirements. methodology in Rule 62-303.330, F.A.C., to verify whether the Once these additional data are collected, the Department shall water is impaired. If available, the Department shall consider determine if there is sufficient information, including other scientifically credible biological assessment methods in paleoecological data, to develop a site-specific chlorophyll a predominantly marine waters to verify that the water is threshold that better reflects conditions beyond which an biologically impaired. Results from these biological imbalance in flora or fauna occurs in the water segment. If assessments shall be evaluated in accordance with subsection there is sufficient information, the Department shall 62-303.430(2), F.A.C., as applicable. For streams, the re-evaluate the data using the site-specific thresholds. If there bioassessment shall be an SCI. Failure of this bioassessment is insufficient information, the Department shall re-evaluate shall constitute verification that the water is biologically the data using the thresholds provided in subsections Rules impaired. 62-303.351(4) and 62-303.353(1) -.353, F.A.C., for streams, (4) If a waterbody was listed on the planning list based on lakes, and estuaries and verify impairment if there is more than failure of the Shannon-Weaver Diversity Index under one exceedance in any consecutive three year period, subsection 62-302.530(10), F.A.C., a minimum of two respectively. In any case, the Department shall limit its analysis Biological Health Assessments shall be conducted in to the use of data collected during the last 7.5 five years accordance with the methodology in Rule 62-303.330, F.A.C., preceding the planning list assessment and the additional data to verify whether the water is impaired. If an SCI or LVI is not collected in the second phase. If alternative thresholds are used applicable for the waterbody type, then the Biological Health for the analysis, the Department shall provide the thresholds Assessment shall be the Shannon-Weaver Diversity Index or for the record and document how the alternative threshold other scientifically credible method. better represents conditions beyond which an imbalance in (5)(4) Following verification that a waterbody is flora or fauna is expected to occur. biologically impaired, a waterbody water shall be included on (2) If the waterbody was listed on either the planning or the verified list for biological impairment if: study list for nutrient enrichment based on other information (a) through (b)1. No change. indicating an imbalance in flora or fauna, as provided in 2. If there is not a numeric criterion for the specified subsections 62-303.350(1), 62-303.351(3), 62-303.352(2), or pollutant(s) in Chapter 62-302, F.A.C., an identification of the 62-303.353(2), F.A.C., the Department shall verify the specific factors that reasonably demonstrate how the particular imbalance before placing the water on the verified list for pollutant(s) are associated with the observed biological effect. impairment due to nutrients and shall provide documentation If the numeric interpretation of the narrative nutrient criterion supporting the imbalance in flora or fauna. in paragraph 62-302.531(2)(c), F.A.C., is exceeded, then (3) If the waterbody was listed on the planning list based nutrients shall be identified as the causative pollutant unless a on subsection 62-303.351(1), 62-303.352(1), 62-303.353(1), or stressor identification study links the adverse biological effects 62-303.354(1), F.A.C., upon confirming the imbalance of flora to causal factor(s) other than nutrients. or fauna based on the last 7.5 years of data, the Department (6) If a waterbody is verified as biologically impaired, but shall place the waterbody on the verified list for exceedances a causative pollutant has not been identified, the waterbody of the narrative nutrient criteria in paragraph shall be included on the study list. 62-302.530(47)(b), F.A.C. (4) If the waterbody was listed on the study list for an Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended adverse trend in nutrient response variables pursuant to 12-11-06,______. paragraph 62-303.390(2)(a), F.A.C., the Department shall analyze the potential risk of nonattainment of the narrative nutrient criteria at paragraph 62-302.530(47)(b), F.A.C. This
Section II - Proposed Rules 3773 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 analysis shall take into consideration the current concentrations impaired pursuant to Part IV III of this chapter, the data used to of nutrient response variables, the slope of the trend, and the place the waterbody on the planning or study list shall not be potential sources of nutrients (natural and anthropogenic). If the sole basis for listing that waterbody segment on future there is a reasonable expectation that the waterbody will planning lists. become impaired within 5 years, the Department shall place (2) Waterbody segments shall be removed from the State’s the waterbody on the verified list to develop a TMDL that verified list only after adoption completion of a TMDL, a establishes a numeric interpretation pursuant to paragraph Department determination that pollution control programs 62-302.531(2)(a), F.A.C. provide reasonable assurance that water quality standards will (5)(3) The thresholds for impairment due to nutrients in be attained pursuant to Rule 62-303.600 F.A.C., for all paragraph 62-302.531(2)(c) and subsections 62-303.351(4) pollutants causing impairment of the segment or upon and 62-303.353(1), F.A.C., used under this section are not demonstration that the waterbody meets the water quality required to be used during development of wasteload standard that was previously established as not being met. allocations or TMDLs where a site-specific interpretation of (a) No change. the narrative nutrient criterion in paragraph 62-302.530(47)(b), (b) For waters listed due to failure to meet aquatic life use F.A.C., is established. support based on biological data, the waterbody shall be (6) When assessing waters for nutrient impairment, the delisted when the two most recent independent Biological Department shall evaluate whether the data were collected Health Assessments indicate the waterbody is no longer under extreme climatic conditions, such as floods, droughts, impaired pursuant to subsection 62-303.430(2), F.A.C. the and hurricanes. When assessing estuary specific numeric segment passes two independent follow-up bioassessments and interpretations of the narrative nutrient criterion in Rule there have been no failed bioassessments for at least one year. 62-302.532, F.A.C., the Department shall also evaluate The follow-up tests must meet the following requirements: whether the current ambient monitoring network is 1. For streams, the new data must be may be two representative of the network that was the basis for the numeric BioRecons or any combination of BioRecons and SCIs unless interpretation of the narrative nutrient criterion in Rule the SCI is not appropriate for the waterbody type, in which 62-302.532, F.A.C. The Department will consider this case the new data shall consist of the Shannon-Weaver information when developing the final verified list and shall Diversity Index. not list waters as impaired based solely on extreme climatic 2. The Biological Health Assessments bioassessments conditions or changes in the monitoring network. must be conducted during similar conditions (same seasons Rulemaking Specific Authority 403.061, 403.067 FS. Law and general flow conditions) under which the previous Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended Biological Health Assessments bioassessments used to 12-11-06,______. determine impairment were collected. 3. through (i) No change. PART V IV (j) For waters listed based on nutrient impairment, the MISCELLANEOUS PROVISIONS waterbody shall be delisted if it does not meet the listing 62-303.710 Format of Verified List and Verified List thresholds in Rule 62-303.450, F.A.C., for three consecutive Approval. years, or it is demonstrated to not exceed the narrative nutrient (1) through (2) No change. criteria at paragraph 62-302.530(47)(b), F.A.C., pursuant to the (3) For waters impaired for dissolved oxygen, the provisions of subsection 62-303.450(3), F.A.C. Department shall identify the pollutants causing or (k) No change. contributing to the impairment and list both the pollutant and (l) For waters listed based on paragraph 62-303.420(7)(b), dissolved oxygen on the verified list. If the factor(s) causing F.A.C., or subsection 62-303.470(3), F.A.C., the waterbody the impairment cannot be identified, the water shall be placed shall be delisted if the Department determines the waterbody is on the study list. no longer impaired, based on scientifically credible and (4) through (7) No change. compelling information comparable in quantity and quality to Rulemaking Specific Authority 403.061, 403.067 FS. Law the information used to make the initial listing decision. Any Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended determinations to delist waters based on this provision shall be 12-11-06,______. documented, and the documentation shall include the basis for the decision. 62-303.720 Delisting Procedure. Table 4. No change. (1) Waters on planning or study lists developed under this (m) No change. chapter that are verified to not be impaired during development of the verified list shall be removed from the State’s planning or study list. Once a waterbody segment is verified to not be
3774 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(n) For waterbodies listed on the verified list, the water Any person who wishes to provide information regarding the shall be delisted from the verified list and added to the study statement of estimated regulatory costs, or to provide a list when subsequent analysis demonstrates that the cause of proposal for a lower cost regulatory alternative, must do so in the impairment was incorrect or otherwise demonstrates that a writing within 21 days of this notice. TMDL is not appropriate. RULEMAKING AUTHORITY: 403.704, 403.7045 FS. (3) No change. LAW IMPLEMENTED: 403.7045 FS. Rulemaking Specific Authority 403.061, 403.067 FS. Law A HEARING WILL BE HELD BEFORE THE Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended ENVIRONMENTAL REGULATION COMMISSION AT 12-11-06,______. THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: December 8, 2011, 9:00 a.m. NAME OF PERSON ORIGINATING PROPOSED RULE: PLACE: Tallahassee City Commission Chambers, Second Drew Bartlett Floor, City Hall, 300 S. Adams St., Tallahassee, Florida NAME OF AGENCY HEAD WHO APPROVED THE Pursuant to the provisions of the Americans with Disabilities PROPOSED RULE: Herschel T. Vinyard, Jr. Act, any person requiring special accommodations to DATE PROPOSED RULE APPROVED BY AGENCY participate in this workshop/meeting is asked to advise the HEAD: November 1, 2011 agency at least 48 hours before the workshop/meeting by DATE NOTICE OF PROPOSED RULE DEVELOPMENT contacting: Richard Tedder (contact information provided PUBLISHED IN FAW: May 20, 2011 below). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 DEPARTMENT OF ENVIRONMENTAL PROTECTION (TDD) or 1(800)955-8770 (Voice). RULE NOS.: RULE TITLES: THE PERSON TO BE CONTACTED REGARDING THE 62-702.300 Applicability PROPOSED RULES IS: Richard Tedder, Department of 62-702.400 Ash Residue Management Plan Environmental Protection, MS 4565, 2600 Blair Stone Road, 62-702.570 Ash Residue Storage and Disposal Tallahassee, Florida 32399-2400, telephone (850)245-8735, or Requirements email at [email protected] 62-702.600 Recycling of Ash Residue PURPOSE AND EFFECT: The purpose and effect of the THE FULL TEXT OF THE PROPOSED RULES IS: proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive 62-702.300 Applicability. Order 11-01 as duplicative, unnecessarily burdensome, or no Rulemaking Specific Authority 403.704, 403.7045 FS. Law longer necessary. Implemented 403.7045 FS. History–New 7-19-90, Formerly SUMMARY: Although the rule is authorized by Sections 17-702.300, Repealed______. 403.704 and 403.7045, F.S., it is not mandated by statute and 62-702.400 Ash Residue Management Plan. there will be no adverse consequences if it is repealed. The rule was created to provide clarification to the regulated public, but Rulemaking Specific Authority 403.704, 403.7045 FS. Law it is not necessary. Implemented 403.7045 FS. History–New 7-19-90, Amended 9-2-91, Formerly 17-702.400, Repealed______. OTHER RULES INCORPORATING THIS RULE: Rule 62-701.200, subsection 62-701.310(1), paragraph 62-702.570 Ash Residue Storage and Disposal 62-701.320(14)(c), F.A.C. Requirements. EFFECT ON THOSE OTHER RULES: Will require clerical Rulemaking Specific Authority 403.704, 403.7045 FS. Law amendment to delete reference. Implemented 403.7045 FS. History–New 7-19-90, Formerly SUMMARY OF STATEMENT OF ESTIMATED 17-702.570, Amended 12-23-96, Repealed______. REGULATORY COSTS: The proposed changes remove requirements and procedures for the managing of combustor 62-702.600 Recycling of Ash Residue. ash residue. The current requirements are outdated, duplicative Rulemaking Specific Authority 403.704, 403.7045 FS. Law of requirements found in other Department rules, or are Implemented 403.7045 FS. History–New 7-19-90, Formerly unnecessary. There are no costs associated with removing this 17-702.600, Repealed______. section, and in some cases it may reduce costs. Thus, the proposed rules are not expected to require legislative NAME OF PERSON ORIGINATING PROPOSED RULE: ratification pursuant to subsection 120.541(3), F.S. Richard Tedder NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary, Florida Department of Environmental Protection
Section II - Proposed Rules 3775 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DATE PROPOSED RULE APPROVED BY AGENCY RULEMAKING AUTHORITY: 456.013(2), 456.025(1), (7) HEAD: October 17, 2011 456.031, 456.033, 456.036(7), (8), 456.065(3) 464.006, 464.008, 464.009, 464.012, 480.035(7), 480.0425, 480.044(1) DEPARTMENT OF HEALTH FS. Board of Massage LAW IMPLEMENTED: 456.013(2), 456.025(1), (7), 456.031, RULE NOS.: RULE TITLES: 456.033, 456.036(4), (7), (8), 456.065(3) 464.006, 464.008, 64B7-27.002 Application for Licensure; Fees 464.009, 464.012, 480.035(7), 480.043(7), 480.044(1), (c), (d), 64B7-27.003 Massage Establishment (e), (g), (h), (l) FS. 64B7-27.004 Re-examination IF REQUESTED WITHIN 21 DAYS OF THE DATE OF 64B7-27.005 Apprentice THIS NOTICE, A HEARING WILL BE SCHEDULED AND 64B7-27.006 Biennial Renewal Fee for Massage ANNOUNCED IN THE FAW. Therapist THE PERSON TO BE CONTACTED REGARDING THE 64B7-27.007 Biennial Renewal Fee for Massage PROPOSED RULES IS: Anthony Jusevitch., Executive Establishments Director, Board of Massage Therapy, 4052 Bald Cypress Way, 64B7-27.008 Initial Fee for Licensure Bin #C06, Tallahassee, FL 32399-3256 64B7-27.010 Renewal Fee for Inactive License 64B7-27.011 Reactivation Fee for Inactive License THE FULL TEXT OF THE PROPOSED RULES IS: 64B7-27.012 Licensure of Establishment Fee 64B7-27.002 Application for Licensure; Fees. 64B7-27.014 Duplicate License Fees 64B7-27.015 Delinquency Fee Rulemaking Specific Authority 480.035(7), 480.044(1) FS. Law 64B7-27.016 Change in Status Fee Implemented 480.044(1) FS. History–New 11-27-79, Amended 64B7-27.017 Unlicensed Activity Fee 2-6-85, Formerly 21L-27.02, 21L-27.002, Amended 6-28-94, 11-22-94, 9-9-96, 1-29-97, Formerly 61G11-27.002, Amended 64B7-27.018 Fee for Retired Status License 10-12-99, 5-5-04, Repealed______. 64B7-27.019 Fee for Reactivation of Retired Status License 64B7-27.003 Massage Establishment. PURPOSE AND EFFECT: The Board proposes the repeal of Rulemaking Specific Authority 480.035(7), 480.044(1) FS. Law Rules 64B7-27.002, 64B7-27.003, 64B7-27.004, 64B7-27.005, Implemented 480.043(7), 480.044(1)(c) FS. History–New 11-27-79, 64B7-27.006, 64B7-27.007, 64B7-010, 64B7-011, 64B7-012, Amended 7-9-80, 11-20-84, Formerly 21L-27.03, Amended 1-7-86, 64B7-27.014, 64B7-27.015, 64B7-27.016, 64B7-27.017, Formerly 21L-27.003, Amended 1-9-95, Formerly 61G11-27.003, 64B7-27.018 and 64B7-27.019, F.A.C., as fees are being Amended 6-15-98, 7-30-02, Repealed______. consolidated into one rule. 64B7-27.004 Re-examination. SUMMARY: These rules are being repealed as fees are being consolidated into one rule. Rulemaking Specific Authority 480.035(7), 480.044(1) FS. Law SUMMARY OF STATEMENT OF ESTIMATED Implemented 480.044(1)(g) FS. History–New 11-27-79, Formerly 21L-27.04, Amended 6-17-86, 5-17-90, Formerly 21L-27.004, REGULATORY COST: Amended 12-12-94, 9-18-95, 9-9-96, Formerly 61G11-27.004, During discussion of the economic impact of this rule at its Amended 1-7-03, Repealed______. Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of 64B7-27.005 Apprentice. Estimated Regulatory Cost (SERC) was not necessary and that Rulemaking Specific Authority 480.044(1) FS. Law Implemented these rule amendments will not require ratification by the 480.044(1)(h) FS. History–New 11-27-79, Formerly 21L-27.05, Legislature. No person or interested party submitted additional 21L-27.005, 61G11-27.005, Amended 2-16-99, Repealed______. information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact 64B7-27.006 Biennial Renewal Fee for Massage on small business, or likely increase regulatory costs in excess Therapist. of $200,000 in the aggregate within 1 year after Rulemaking Authority 480.035(7), 480.044(1) FS. Law Implemented implementation of the rule. 480.044(1), (1)(f) FS. History–New 11-27-79, Amended 11-20-84, Any person who wishes to provide information regarding the Formerly 21L-27.06, Amended 12-18-88, Formerly 21L-27.006, 61G11-27.006, Amended 7-30-02, 9-19-10, Repealed______. statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.
3776 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
64B7-27.007 Biennial Renewal Fee for Massage 64B7-27.019 Fee for Reactivation of Retired Status Establishments. License. Rulemaking Authority 480.035(7), 480.044(1) FS. Law Implemented Rulemaking Specific Authority 456.036 FS. Law Implemented 480.044(1)(e) FS. History–New 11-27-79, Amended 7-9-80, Formerly 456.036 FS. History–New 12-13-05, Repealed______. 21L-27.07, Amended 12-18-88, Formerly 21L-27.007, 61G11-27.007, Amended 7-30-02, 9-19-10, Repealed______. NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Massage Therapy 64B7-27.008 Initial Fee for Licensure. NAME OF SUPERVISOR OR PERSON WHO APPROVED Rulemaking Authority 456.013(2), 456.025(1), 480.035(7), THE PROPOSED RULE: Board of Massage Therapy 480.044(1) FS. Law Implemented 456.013(2), 456.025(1), 480.044(1) DATE PROPOSED RULE APPROVED BY AGENCY FS. History–New 5-13-82, Amended 11-11-82, 1-7-86, Formerly 21L-27.08, Amended 12-18-88, Formerly 21L-27.008, Amended HEAD: October 19, 2011 1-29-97, Formerly 61G11-27.008, Amended 7-30-02, 10-13-10, Repealed______. Section III 64B7-27.010 Renewal Fee for Inactive License. Notices of Changes, Corrections and Rulemaking Authority 480.0425, 480.044(1) FS. Law Implemented Withdrawals 480.044(1), (1)(l) FS. History–New 12-18-84, Formerly 21L-27.10, 21L-27.010, 61G11-27.010, Amended 7-30-02, 9-19-10, DEPARTMENT OF STATE Repealed______. Division of Elections 64B7-27.011 Reactivation Fee for Inactive License. RULE NO.: RULE TITLE: 1S-2.034 Polling Place Procedures Manual Rulemaking Specific Authority 480.0425 FS. Law Implemented 456.025(1), 456.036(4), 480.044(1)(l) FS. History–New 12-18-84, NOTICE OF CHANGE Formerly 21L-27.11, Amended 1-30-90, Formerly 21L-27.011, Notice is hereby given that the following changes have been 61G11-27.011, Repealed______. made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37, No. 40, October 7, 64B7-27.012 Licensure of Establishment Fee. 2011 issue of the Florida Administrative Weekly. Rulemaking Authority 456.013(2), 480.035(7), 480.044(1) FS. Law In response to public comments and comments from the Joint Implemented 456.013(2), 480.044(1)(d) FS. History–New 2-6-85, Administrative Procedures Committee, the following changes Formerly 21L-27.12, 21L-27.012, 61G11-27.012, Amended 8-16-98, have been made to the Polling Place Procedures Manual 7-30-02, 9-19-10, Repealed______. (DS-DE 11) which is incorporated by reference in the rule: 64B7-27.014 Duplicate License Fees. 1. The second paragraph of subsection E (Poll watchers) of Section II (The Polling Place) is revised to clarify that Rulemaking Specific Authority 456.025(7) FS. Law Implemented although designated poll watchers may roam through polling 456.025(7) FS. History–New 1-30-90, Formerly 21L-27.014, 61G11-27.014, Repealed______. locations throughout the county, only one poll watcher from each political party, candidate, or political committee may be 64B7-27.015 Delinquency Fee. present at any one time in each polling room between polling hours. Rulemaking Specific Authority 456.036(7) FS. Law Implemented 456.036(7) FS. History–New 12-12-94, Formerly 61G11-27.015, 2. Subsection B. (Voter who requested an absentee ballot Amended 7-30-02, Repealed______. now wants to vote at the polls) of Section III (Voter Eligibility) is reworded to clarify that the voter may get to vote a regular 64B7-27.016 Change in Status Fee. ballot at the polls, provided it can be confirmed or verified that Rulemaking Specific Authority 456.036(8) FS. Law Implemented he or she has not already voted an absentee or that the voter has 456.036(8) FS. History–New 12-12-94, Formerly 61G11-27.016, not already exceeded the limit for replacement ballots. Amended 7-30-02, Repealed______. 3. Subsection E. (Voter’s Address Changes/Differs) of Section III. (Voter Eligibility) is revised to clarify that an 64B7-27.017 Unlicensed Activity Fee. out-of-county move-in voter are permitted to vote a provisional Rulemaking Specific Authority 456.065(3) FS. Law Implemented ballot upon executing an address change but that if the new 456.065(3) FS. History–New 7-30-02, Repealed______. address places the voter in a different corresponding precinct or polling place, the poll worker should direct the voter there to 64B7-27.018 Fee for Retired Status License. vote. Additionally it is clarified that the provisional ballot Rulemaking Specific Authority 456.036 FS. Law Implemented certificate affirmation may satisfy the requirement for a change 456.036 FS. History–New 12-13-05, Repealed______.
Section III - Notices of Changes, Corrections and Withdrawals 3777 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 of address affirmation such that the out-of-county move-in Rule 6A-1.039, Supplemental Educational Services in Title I voter is not required to fill out two out-of-county address Schools, was inadvertently omitted from the meeting notice for affirmation. the State Board of Education meeting being held at Andrew 4. Subsection F. (Voter Leaves the Booth Without Casting Jackson High School, 3816 N. Main St., Jacksonville, Florida, His or Her Ballot) of Section IV (The Voting Process) is on November 15, 2011, starting at 9:00 a.m. This rule was revised to clarify that a blank ballot or overvoted ballot that a noticed for action by the Board on November 15th in the voter has left in the booth without casting should be cast and October 14, 2011 edition of the FAW. that only rejected ballots that are damaged or whose coding cannot be read should be marked as unscanned and sent to the DEPARTMENT OF EDUCATION canvassing board. State Board of Education 5. Section VIII (Interacting with Voters) is revised to add RULE NO.: RULE TITLE: reference to other types of impairments such as emotional or 6A-7.0710 Instructional Materials Policies and intellectual as may result from brain injury, accident, or genetic Procedures condition and how to accommodate these voters at the polls. NOTICE OF CORRECTION Notice is hereby given that the following correction has been DEPARTMENT OF STATE made to the proposed rule in Vol. 37, No. 41, October 14, 2011 Division of Elections issue of the Florida Administrative Weekly. RULE NO.: RULE TITLE: The notice of proposed rulemaking omitted the following 1S-2.048 NVRA-Voter Registration Agencies statement of estimated regulatory costs and legislative NOTICE OF CHANGE ratification information: The agency has determined that the Notice is hereby given that the following changes have been technological and procedural requirements create some made to the proposed rule in accordance with subparagraph minimal regulatory costs for local governments and private 120.54(3)(d)1., F.S., published in Vol. 37, No. 38, September entities. Agency resources have been committed to streamline 23, 2011 issue of the Florida Administrative Weekly. Based these procedures and minimize transactional costs. The rule is upon written comments received for the public hearing and expected to affect a small number of small businesses. The rule from the Joint Administrative Procedures Committee, does not create regulatory costs which would invoke the subsection (7) has been revised to remove the option of requirement for legislative ratification. No lower cost submitting voter registration activity reports in an electronic regulatory alternatives have been submitted. format prescribed by the Department. Subsection (8) has also been revised to clarify that the application made available DEPARTMENT OF EDUCATION online should also be available for print since current forms State Board of Education online do not allow a person to save inputted data online. In RULE NO.: RULE TITLE: addition, reference to 42 USC 1973gg (National Voter 6A-7.0712 Local Instructional Improvement Registration Act) is changed to section 97.012(7) and (9), Systems Florida which references the state’s coordination of NVRA NOTICE OF CHANGE activities. Additionally, the title of the rule will read State and Notice is hereby given that the following changes have been Federal Designated NVRA Voter Registration made to the proposed rule in accordance with subparagraph Agencies-Responsibilities in order to distinguish it from 120.54(3)(d)1., F.S., published in Vol. 37, No. 41, October 14, private persons or entities who solicit and collect voter 2011 issue of the Florida Administrative Weekly. registrations as Third-party Voter Registration Organizations Rule 6A-7.0712 is amended as follows: that are governed by a very different provision of law. 6A-7.0712 Local Instructional Improvement Systems DEPARTMENT OF EDUCATION System (1) Each school district shall develop and implement a State Board of Education Local Instructional Improvement System consistent with the RULE NO.: RULE TITLE: Florida Department of Education’s minimum standards by 6A-1.039 Supplemental Educational Services June 30, 2014. The Department’s Local Instructional in Title I Schools Improvement Systems Minimum Standards NOTICE OF CORRECTION (http://www.flrules.org/Gateway/reference.asp?No=Ref-00658) Notice is hereby given that the following correction has been December 2011 are hereby incorporated by reference and may made to the meeting noticed in Vol. 37, No. 44, November 4, be obtained on the Department’s web site at 2011 issue of the Florida Administrative Weekly. http://www.fldoe.org/arra/LIISMS.asp.
3778 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
(2) To determine the progress districts are making toward Copies of the policy can be obtained from the North Central compliance with the minimum standards and determine Florida Regional Planning Council, 2009 N.W. 67th Place, compliance with the minimum standards and Section Gainesville, Florida 32653-1603 or from its website at 1006.281, Florida Statutes, districts will be required to report http://www.ncfrpc.org/publications. to the Department on an annual basis. The Department will THE PERSON TO BE CONTACTED REGARDING THE notify districts of the due date of the report no later than sixty PROPOSED RULE IS: Scott Koons, Executive Director, days prior to the date the report is due. The date that the report North Central Florida Regional Planning Council, 2009 N.W. shall be due will be posted on the Department’s website at 67th Place, Gainesville, Florida 32653-1603 http://www.fldoe.org.arra/LIISMS.asp no later than sixty (60) days prior to the date the report is due.” DEPARTMENT OF CORRECTIONS (3) Beginning in fiscal year 2014-15, the Department shall RULE NO.: RULE TITLE: review the minimum standards for needed revisions at least 33-601.721 Visiting Operations every three (3) years. NOTICE OF WITHDRAWAL Rulemaking Authority 1006.281 FS. Law Implemented 1006.281 Notice is hereby given that the above rule, as noticed in Vol. History–New ______. 37, No. 25, September 2, 2011 issue of the Florida Administrative Weekly has been withdrawn. DEPARTMENT OF EDUCATION State Board of Education WATER MANAGEMENT DISTRICTS RULE NO.: RULE TITLE: Southwest Florida Water Management District 6A-10.0315 College Preparatory Testing, RULE NO.: RULE TITLE: Placement, and Instruction 40D-1.6051 Timeframe for Providing Requested NOTICE OF CONTINUATION Information for Permit Applications Notice is hereby given that the above rule, as noticed in Vol. and Denial of Incomplete 37, No. 41, October 14, 2011 Florida Administrative Weekly Applications has been continued from November 15, 2011 to December 5, 40D-1.659 Forms and Instructions 2011. NOTICE OF CORRECTION Notice is hereby given that the following correction has been REGIONAL PLANNING COUNCILS made to the proposed rule in Vol. 37, No. 41, October 14, 2011 North Central Florida Regional Planning Council issue of the Florida Administrative Weekly. RULE NO.: RULE TITLE: Correction is made to add the following language to the 29C-9.001 Strategic Regional Policy Plan Summary of Statement of Estimated Regulatory Costs and NOTICE OF CHANGE Legislative Ratification section of the Notice of Proposed Rule Notice is hereby given that the following changes have been as follows: made to the proposed rule in accordance with subparagraph The Agency has determined that the proposed rule is not 120.54(3)(d)1., F.S., published in Vol. 37, No. 38, September expected to require legislative ratification based on the 23, 2011 issue of the Florida Administrative Weekly. statement of estimated regulatory costs or if no SERC is The change is in response to testimony received at the final required, the information expressly relied upon and described public hearing to adopt the proposed rule held on October 27, herein: Proposed amendments will reduce costs for the 2011 and the vote of the Council at the meeting held on regulated public. Therefore, this rulemaking will not result in October 27, 2011. A new Policy 4.1.9 has been added to the any adverse economic impacts or regulatory cost increases that North Central Florida Strategic Regional Policy Plan. The new require legislative ratification. policy states as follows: Policy 4.1.9 Ensure that local government comprehensive WATER MANAGEMENT DISTRICTS plans and Developments of Regional Impact do not include Southwest Florida Water Management District provisions relying upon Regional Plan Policies 4.1.5 and 4.1.6 RULE NO.: RULE TITLE: contained herein as encouragement or justification to require 40D-1.659 Forms and Instructions the issuance of a local government permit for the consumptive NOTICE OF CORRECTION use of water or the exercise of any other local government Notice is hereby given that the following correction has been regulatory action preempting or having the effect of made to the proposed rule in Vol. 37, No. 41, October 14, 2011 preempting the exclusive authority of water management issue of the Florida Administrative Weekly. districts over the consumptive use of water as authorized by Chapter 373, Florida Statutes.
Section III - Notices of Changes, Corrections and Withdrawals 3779 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Correction is made to add the following language to the regulated public. Therefore, this rulemaking will not result in Summary of Statement of Estimated Regulatory Costs and any adverse economic impacts or regulatory cost increases that Legislative Ratification section of the Notice of Proposed Rule require legislative ratification. as follows: The Agency has determined that the proposed rule is not WATER MANAGEMENT DISTRICTS expected to require legislative ratification based on the Southwest Florida Water Management District statement of estimated regulatory costs or if no SERC is RULE NOS.: RULE TITLES: required, the information expressly relied upon and described 40D-4.042 Formal Determination of Wetlands herein: There are no costs to the regulated public as a result of and Other Surface Waters the proposed amendments. Therefore, this rulemaking will not 40D-4.091 Publications, Forms and Agreements result in any adverse economic impacts or regulatory cost Incorporated by Reference increases that require legislative ratification. 40D-4.101 Content of Application 40D-4.331 Modification of Permits WATER MANAGEMENT DISTRICTS NOTICE OF CORRECTION Southwest Florida Water Management District Notice is hereby given that the following correction has been RULE NOS.: RULE TITLES: made to the proposed rule in Vol. 37, No. 41, October 14, 2011 40D-2.091 Publications Incorporated by issue of the Florida Administrative Weekly. Reference Correction is made to add the following language to the 40D-2.101 Content of Application Summary of Statement of Estimated Regulatory Costs and NOTICE OF CORRECTION Legislative Ratification section of the Notice of Proposed Rule Notice is hereby given that the following correction has been as follows: made to the proposed rule in Vol. 37, No. 41, October 14, 2011 The Agency has determined that the proposed rule is not issue of the Florida Administrative Weekly. expected to require legislative ratification based on the Correction is made to add the following language to the statement of estimated regulatory costs or if no SERC is Summary of Statement of Estimated Regulatory Costs and required, the information expressly relied upon and described Legislative Ratification section of the Notice of Proposed Rule herein: Proposed amendments will reduce costs for the as follows: regulated public. Therefore, this rulemaking will not result in The Agency has determined that the proposed rule is not any adverse economic impacts or regulatory cost increases that expected to require legislative ratification based on the require legislative ratification. statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described WATER MANAGEMENT DISTRICTS herein: Proposed amendments will reduce costs for the Southwest Florida Water Management District regulated public. Therefore, this rulemaking will not result in RULE NOS.: RULE TITLES: any adverse economic impacts or regulatory cost increases that 40D-40.044 General Permit for Site Conditions require legislative ratification. Assessment 40D-40.302 Conditions for Issuance of General WATER MANAGEMENT DISTRICTS Permits Southwest Florida Water Management District NOTICE OF CORRECTION RULE NO.: RULE TITLE: Notice is hereby given that the following correction has been 40D-3.101 Content of Application made to the proposed rule in Vol. 37, No. 41, October 14, 2011 NOTICE OF CORRECTION issue of the Florida Administrative Weekly. Notice is hereby given that the following correction has been Correction is made to add the following language to the made to the proposed rule in Vol. 37, No. 41, October 14, 2011 Summary of Statement of Estimated Regulatory Costs and issue of the Florida Administrative Weekly. Legislative Ratification section of the Notice of Proposed Rule Correction is made to add the following language to the as follows: Summary of Statement of Estimated Regulatory Costs and The Agency has determined that the proposed rule is not Legislative Ratification section of the Notice of Proposed Rule expected to require legislative ratification based on the as follows: statement of estimated regulatory costs or if no SERC is The Agency has determined that the proposed rule is not required, the information expressly relied upon and described expected to require legislative ratification based on the herein: Proposed amendments will reduce costs for the statement of estimated regulatory costs or if no SERC is regulated public. Therefore, this rulemaking will not result in required, the information expressly relied upon and described any adverse economic impacts or regulatory cost increases that herein: Proposed amendments will reduce costs for the require legislative ratification.
3780 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
WATER MANAGEMENT DISTRICTS (3) through (8) No change. Southwest Florida Water Management District (9) The following permitted medications shall not be RULE NO.: RULE TITLE: reported by the racing laboratory to the division as a violation 40D-400.500 General Permit for Construction, of Section 550.2415, F.S.: Operation, Maintenance, (a) The detection of cimetidine at a urinary concentration Alteration, Abandonment or less than or equal to 10 micrograms per milliliter. Removal of Minor Silvicultural (a)(b) The detection of dimethyl sulfoxide (DMSO) at a Surface Water Management blood serum concentration less than or equal to 10 micrograms Systems per milliliter. NOTICE OF CORRECTION (c) The detection of famotidine at a urinary concentration Notice is hereby given that the following correction has been less than or equal to 10 micrograms per milliliter. made to the proposed rule in Vol. 37, No. 41, October 14, 2011 (b)(d) The detection of flunixin at a blood serum issue of the Florida Administrative Weekly. concentration less than or equal to 20 nanograms per milliliter. Correction is made to add the following language to the (c)(e) The detection of guaifenesin (free) at a blood serum Summary of Statement of Estimated Regulatory Costs and concentration less than or equal to 100 nanograms per Legislative Ratification section of the Notice of Proposed Rule milliliter. as follows: (d)(f) The detection of total isoxsuprine at a urinary The Agency has determined that the proposed rule is not concentration less than or equal to 100 nanograms per expected to require legislative ratification based on the milliliter. statement of estimated regulatory costs or if no SERC is (e)(g) The detection of ketoprofen at a blood serum required, the information expressly relied upon and described concentration less than or equal to 10 nanograms per milliliter. herein: Proposed amendments will reduce costs for the (f)(h) The detection of methocarbamol (free) at a blood regulated public. Therefore, this rulemaking will not result in serum concentration less than or equal to 20 nanograms per any adverse economic impacts or regulatory cost increases that milliliter. require legislative ratification. (g)(i) The detection of naproxen at a blood serum concentration less than or equal to 1 microgram per milliliter. DEPARTMENT OF BUSINESS AND PROFESSIONAL (j) The detection of a sulfide metabolite of omeprazole REGULATION detected by LC-MS. Division of Pari-Mutuel Wagering (k) The detection of ranitidine at a urinary concentration RULE NO.: RULE TITLE: less than or equal to 10 micrograms per milliliter. 61D-6.008 Permitted Medications for Horses (10) No change. NOTICE OF CHANGE Notice is hereby given that the following changes have been Rulemaking Authority 550.0251(3), 550.2415(7)(a), (b), (c), (e), made to the proposed rule in accordance with subparagraph (8)(c), (12) FS. Law Implemented 550.0251(11), 550.2415(1), (7)(8)(e), (8)(9)(c), (12)(13), (14)(15), (15)(16) FS. History–New 120.54(3)(d)1., F.S., published in Vol. 36, No. 36, September 10-20-96, Amended 1-5-98, 6-6-00, 5-14-02, 6-6-04, 7-6-06, 8-12-07, 10, 2010 issue of the Florida Administrative Weekly. 12-30-08,______. 61D-6.008 Permitted Medications for Horses. (1) through (2)(a)1. No change. DEPARTMENT OF BUSINESS AND PROFESSIONAL 2. The post race serum sample of such horse contains a REGULATION concentration less than 2 5 micrograms (mcg) of Barbers’ Board phenylbutazone or its metabolites per milliliter (ml) of serum. RULE NO.: RULE TITLE: (b) When the post race serum sample of such horse 61G3-16.005 Endorsement contains a concentration of phenylbutazone equal to or in NOTICE OF CORRECTION excess of 2 micrograms per milliliter of serum, but less than 5 Notice is hereby given that the following correction has been 8 micrograms per milliliter of serum, the trainer as the absolute made to the proposed rule in Vol. 37, No. 40, October 7, 2011 insurer of the horse, shall be subject to the following penalties: issue of the Florida Administrative Weekly. 1. through 3. No change. The correction is in response to comments submitted by the (c) When the post race serum sample contains a Joint Administrative Procedures Committee in a letter dated concentration of phenylbutazone equal to or in excess of 5 8 October 13, 2011. The correction is as follows: micrograms per milliliter of serum, the trainer as the absolute The STATEMENT OF ESTIMATED REGULATORY COSTS insurer of the horse, shall be subject to the following penalties: shall read as: During discussion of this rule at its Board 1. through 3. No change. meeting, the Board, based upon the expertise and experience of
Section III - Notices of Changes, Corrections and Withdrawals 3781 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 its members, determined that a Statement of Estimated DATE PROPOSED RULE APPROVED BY AGENCY Regulatory Cost (SERC) was not necessary. No person or HEAD: July 19, 2011 interested party submitted additional information regarding the DATE NOTICE OF PROPOSED RULE DEVELOPMENT economic impact at that time. The Board has determined that PUBLISHED IN FAW: September 9, 2011 this will not have an adverse impact on small business, or THE PERSON TO BE CONTACTED REGARDING THE likely increase regulatory costs in excess of $200,000 in the PROPOSED RULE IS: Carrie Flynn, Executive Director, aggregate within 1 year after implementation of the rule. These Board of Professional Engineers, 2507 Callaway Road, Suite rule amendments will not require ratification by the 200,Tallahassee, Florida 32399-55267. Legislature. Any person who wishes to provide information regarding the statement of estimated costs, or to provide a DEPARTMENT OF HEALTH proposal for a lower regulatory cost alternative must do so in Board of Medicine writing within 21 days of this notice. RULE NOS.: RULE TITLES: THE PERSON TO BE CONTACTED REGARDING THE 64B8-42.001 Licensure by Endorsement PROPOSED RULE IS: Robyn Barineau, Executive Director, 64B8-42.002 Licensure by Examination Barbers’ Board, 1940 North Monroe Street, Tallahassee, NOTICE OF CORRECTION Florida 32399-0750. Notice is hereby given that the following correction has been made to the proposed rule in Vol. 37, No. 42, October 21, 2011 DEPARTMENT OF BUSINESS AND PROFESSIONAL issue of the Florida Administrative Weekly. REGULATION The SUMMARY OF STATEMENT OF ESTIMATED Board of Professional Engineers REGUATORY COST shall read as “During discussion of the RULE NO.: RULE TITLE: economic impact of this rule at its Board meeting, the Board, 61G15-21.001 Written Examination Designated; based upon the expertise and experience of its members, General Requirements determined that a Statement of Estimated Regulatory Cost NOTICE OF CORRECTION (SERC) was not necessary and that these rule amendments will Notice is hereby given that the following correction has been not require ratification by the Legislature. No person or made to the proposed rule in Vol. 37, No. 44, November 4, interested party submitted additional information regarding the 2011 issue of the Florida Administrative Weekly. economic impact at that time. The Board has determined that The change will correct the DATE PROPOSED RULE this will not have an adverse impact on small business, or APPROVED BY AGENCY HEAD and DATE NOTICE OF likely increase regulatory costs in excess of $200,000 in the PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW. aggregate within 1 year after implementation of the rule. Any DATE PROPOSED RULE APPROVED BY AGENCY person who wishes to provide information regarding the HEAD: July 19, 2011 statement of estimated costs, or to provide a proposal for a DATE NOTICE OF PROPOSED RULE DEVELOPMENT lower regulatory cost alternative must do so in writing within PUBLISHED IN FAW: September 9, 2011 21 days of this notice”. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Carrie Flynn, Executive Director, PROPOSED RULE IS: Allen Hall, Executive Director, Board of Professional Engineers, 2507 Callaway Road, Suite Council of Dietetic and Nutrition Practice, 4052 Bald Cypress 200,Tallahassee, Florida 32399-55267. Way, Bin #C05, Tallahassee, Florida 32399-3255.
DEPARTMENT OF BUSINESS AND PROFESSIONAL DEPARTMENT OF HEALTH REGULATION Board of Nursing Board of Professional Engineers RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 64B9-4.014 Inactive Status; Reactivation 61G15-23.001 Seals Acceptable to the Board NOTICE OF WITHDRAWAL NOTICE OF CORRECTION Notice is hereby given that the above rule, as noticed in Vol. Notice is hereby given that the following correction has been 36, No. 52, December 30, 2010 issue of the Florida made to the proposed rule in Vol. 37, No. 44, November 4, Administrative Weekly has been withdrawn. 2011 issue of the Florida Administrative Weekly. The change will correct the DATE PROPOSED RULE APPROVED BY AGENCY HEAD and DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW.
3782 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DEPARTMENT OF CHILDREN AND FAMILY herein: The Department neither uses nor relies on Rule SERVICES 69L-9.015, F.A.C., and lacks the rulemaking authority Agency for Persons with Disabilities necessary to retain it. The rule is an artifact of the multiple RULE NOS.: RULE TITLES: reorganizations made to State of Florida’s government 65G-4.014 Eligibility for Services agencies that have occurred over the years. The rule was 65G-4.015 Eligibility Criteria inadvertently transferred to the Department in 2003. The text 65G-4.016 Application Process of Rule 69L-9.015, F.A.C., is limited to a statement 65G-4.017 Establishing Eligibility incorporating Agency for Health Care Administration (AHCA) NOTICE OF PUBLIC HEARING Rule 59A-24.006, F.A.C., by reference. Given that Rule The Agency for Persons with Disabilities announces a hearing 59A-24.006 is actively administered under a grant of regarding the above rule, as noticed in Vol. 37, No. 44, rulemaking authority provided to AHCA, the repeal of Rule November 4, 2011 Florida Administrative Weekly. 69L-9.015 will not result in any economic impact and will DATE AND TIME: Thursday, December 1, 2011, 9:00 a.m. – therefore not be subject to legislative ratification. 11:00 a.m. PLACE: Agency for Persons with Disabilities, 4030 Esplanade Section IV Way, Room 301, Tallahassee, Florida 32399 Emergency Rules GENERAL SUBJECT MATTER TO BE CONSIDERED: Process and criteria for determining eligibility for services DEPARTMENT OF REVENUE provided to persons with developmental disabilities. Miscellaneous Tax Pursuant to the provisions of the Americans with Disabilities RULE NO.: RULE TITLE: Act, any person requiring special accommodations to 12BER11-17 Tax on Transfers of Ownership participate in this workshop/meeting is asked to advise the Interest in Legal Entities agency at least 7 days before the workshop/meeting by SPECIFIC REASONS FOR FINDING AN IMMEDIATE contacting: Terri McGarrity, Senior Management Analyst DANGER TO THE PUBLIC HEALTH, SAFETY OR Supervisor, Agency for Persons with Disabilities, 4030 WELFARE: Chapter 2009-131, Laws of Florida, authorizes Esplanade Way, Suite 380, Tallahassee, Florida 32399, the Department to promulgate an emergency rule, and to renew (850)414-7452. If you are hearing or speech impaired, please such rule, to implement the provisions of the law. The law contact the agency using the Florida Relay Service, provides that conditions necessary for an emergency rule and 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). its renewal have been met. Section 201.02(1)(b), F.S., provides for the imposition of tax on transfers of ownership interest in a DEPARTMENT OF FINANCIAL SERVICES conduit entity when the transfer is within three years of a Division of Worker’s Compensation transfer of Florida real property into the conduit entity, RULE NO.: RULE TITLE: documentary stamp tax was not paid on the full consideration 69L-9.015 Drug Testing Criteria when the real property was transferred into the conduit entity, NOTICE OF CORRECTION and the ownership interest transferred belonged to the grantor Notice is hereby given that the following correction has been of the real property. This emergency rule provides how the tax made to the proposed rule in Vol. 37, No. 36, September 9, is imposed, when the tax is due, and examples of transfers of 2011 issue of the Florida Administrative Weekly. real property that would be subject to the tax. The Notice of Proposed Rule, as advertised on September 9, REASON FOR CONCLUDING THAT THE PROCEDURE 2011, did not fully address information that should have been IS FAIR UNDER THE CIRCUMSTANCES: The Legislature included under the Summary of Statement of Estimated expressly authorized the promulgation of an emergency rule, Regulatory Costs and Legislative Ratification. and the renewal of such rule, to implement Chapter 2009-131, The following language is inserted under the Summary of Laws of Florida, and determined that all conditions necessary Statement of Estimated Regulatory Costs and Legislative for this emergency rule have been met. This law imposes a tax Ratification: The Department has determined that this will not on the transfer of a grantor’s ownership interest in a conduit have an adverse impact on small business or likely increase entity when the grantor conveyed real property to the conduit directly or indirectly regulatory costs in excess of $200,000 in entity without having paid tax on the full consideration for the the aggregate within one year after the implementation of the real property and the transfer is within three years after the rule. A SERC has not been prepared by the agency. grantor conveyed the real property to the conduit entity. The Department has determined that the proposed rule is not SUMMARY: Emergency Rule 12BER11-17 (Tax on Transfers expected to require legislative ratification based on the of Ownership Interest in Legal Entities), provides for the statement of estimated regulatory costs or if no SERC is application of tax to transfers of a grantor’s ownership interest required, the information expressly relied upon and described
Section IV - Emergency Rules 3783 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 in a conduit entity after the grantor has conveyed real property (6) The tax is to be paid pursuant to Section 201.133, F.S., to the conduit entity without having paid tax on the full on the earliest of the 20th day of the month following the consideration for the real property. This emergency rule: (1) month the ownership interest is transferred or the date that an provides when the tax is imposed under Section 201.02(1)(b), instrument evidencing the transfer is filed or recorded in F.S., as amended by Chapter 2009-131, L.O.F., how the tax is Florida. computed, and when the tax is due; (2) provides definitions of (7) The provisions of this rule do not affect the imposition the terms "conduit entity" and "full consideration"; and (3) of tax on transactions described in Section 201.02(4), F.S. provides examples of transfers of real property that would be (8) Examples. subject to the tax. (a) Example 1: On July 2, 2009, Lloyd transferred Florida THE PERSON TO BE CONTACTED REGARDING THE real property (the real property), owned by him alone, to a EMERGENCY RULE IS: Tim Phillips, Revenue Program limited liability company (LLC) he owned alone. No Administrator I, Technical Assistance and Dispute Resolution, documentary stamp tax was paid on the document that Department of Revenue, P. O. Box 7443, Tallahassee, Florida transferred the real property to the LLC. On July 3, 2009, 32314-7443, telephone (850)717-7224 Lloyd transferred his interest in the LLC for $1,000,000. The LLC owned no assets other than the real property. THE FULL TEXT OF THE EMERGENCY RULE IS: Documentary stamp tax of $7,000.00 was due on the transfer 12BER11-17 Tax on Transfers of Ownership Interest in of Lloyd’s ownership interest in the LLC based on the Legal Entities. $1,000,000 consideration, since Lloyd was the grantor of the (1)(a) Scope. This rule applies to transfers of a grantor’s real property and since tax was not paid on full consideration ownership interest in a conduit entity after the grantor has when the real property was transferred to the LLC. conveyed real property to the conduit entity without having (b) Example 2: On July 2, 2009, Calvin and Sally paid tax on the full consideration for the real property. transferred Florida real property (the real property) which they (b) Definitions. For purposes of this rule: owned jointly, to a limited liability company (LLC) owned equally by Calvin and Sally. The full consideration at the time 1. “Conduit entity” means a legal entity to which real of the transfer would have been $30,000. Documentary stamp property is conveyed without full consideration by a grantor tax of $210 was paid on the document that transferred the real who owns a direct or indirect interest in the entity or a property to the LLC. On July 10, 2009, Calvin and Sally sold successor entity. their ownership interests in the LLC for $35,000. The only 2. “Full consideration” means the consideration that would asset owned by the LLC at the time was the real property. No be paid in an arm’s length transaction between unrelated documentary stamp tax was due on the transfer of Calvin and parties. Sally’s ownership interests in the LLC, since tax was paid on (2) When a grantor conveys real property to a conduit the full consideration for the real property when it was entity without tax being paid on full consideration and all or a transferred to the LLC. portion of the grantor’s ownership interest, either direct or (c) Example 3: On July 2, 2009, Vern and Carol indirect, is subsequently transferred for consideration within 3 transferred Florida real property (the real property) which they years after the grantor conveyed the real property to the owned jointly, to a limited liability company (LLC) owned conduit entity, the transfer of the grantor’s ownership interest equally by Vern and Carol. No documentary stamp tax was in the conduit entity is subject to tax. paid on the document that transferred the real property to the (3) The tax is based on the consideration paid or given for LLC. On July 10, 2009, Vern sold his interest in the LLC for the grantor’s ownership interest in the conduit entity. The tax $200,000. Tax of $1400 was due on the transfer of Vern’s rate is 70 cents for each $100 or fraction thereof of the ownership interest in the LLC, since Vern was a grantor of the consideration. If the conduit entity owns assets other than the real property and since tax was not paid on full consideration real property described in subsection (2), tax is calculated by for the real property when it was transferred to the LLC. multiplying the consideration for the interest in the conduit (d) Example 4: On July 2, 2009, Pam and Mike transferred entity by a fraction, the numerator of which is the value of the Florida real property (the real property) which they owned real property described in subsection (2) and the denominator jointly, to a corporation. The corporation was owned equally of which is the value of all assets owned by the conduit entity, by Mike and a limited liability company (LLC) owned by Pam and then multiplying the result by the tax rate. alone. No documentary stamp tax was paid on the document (4) A gift of an ownership interest in a conduit entity is not that transferred the real property to the corporation. On July 10, subject to tax to the extent there is no consideration. 2009, Pam sold her interest in the LLC (thereby selling her (5) The transfer of shares or similar equity interests that indirect ownership interest in the corporation) for $45,000. The are dealt in or traded on public, regulated security exchanges is corporation owned property in addition to the real property not subject to the tax. transferred to it on July 2, 2009. Full consideration for the real
3784 Section IV - Emergency Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 property would have been $85,000, and the real property made The petition sought a waiver of the twenty-five point penalty up 95% of the value of all assets owned by the corporation. imposed upon the City under the Small Cities Community The only asset owned by the LLC was its interest in the Development Block Grant Program by subsection corporation. Tax of $299.60 was due on the transfer of Pam’s 9B-43.0051(7), Florida Administrative Code, for failure to ownership interest based on consideration of $42,750 timely file an audit. The waiver was granted because the City ($45,000.00 multiplied by the 95% attributable to the real had timely prepared the audit and timely filed it in other property), since Pam was the grantor of the real property and venues. since tax was not paid on full consideration for the real A copy of the Order or additional information may be obtained property when it was transferred to the corporation. by contacting: Miriam Snipes, Agency Clerk, Department of (e) Example 5: On July 2, 2009, Tom transferred Florida Economic Opportunity, 107 E. Madison St., MSC 110, real property (the real property) owned by him alone, to a Tallahassee, FL 32399. limited liability company (LLC) he owned alone. No documentary stamp tax was paid on the document that DEPARTMENT OF LAW ENFORCEMENT transferred the real property to the LLC. On July 10, 2009, Tom sold 50% of his interest in the LLC to Imogene for The Criminal Justice Standards and Training Commission $200,000. Tax of $1,400 was due on the transfer of Tom’s hereby gives notice that on October 27, 2011, the Criminal ownership interest in the LLC based on consideration of Justice Standards and Training Commission has issued an $200,000, since documentary stamp tax was not paid on full order on September 21, 2011, the Criminal Justice Standards consideration for the real property when it was transferred to and Training Commission, received a petition for a permanent the LLC. On July 25, 2009, Tom sold one-half of his remaining waiver of subsection 11B-27.00212(14), F.A.C., by the 50% ownership interest in the LLC for $105,000, and Imogene Atlantis Police Department on behalf of one officer for the sold one-half of her 50% ownership interest in the LLC for 2008 and 2010 firearms requalification periods. Subsection $105,000. Tax of $735 was due on the transfer of Tom’s 11B-27.00212(14), F.A.C., requires officers to requalify with a ownership interest, since Tom was the grantor of the real firearm under the supervision of a CJSTC-certified firearms property and since tax was not paid on the fair market value of instructor every two years on a course of fire mandated by the real property when it was transferred to the LLC. No tax Commission rule. Notice of receipt of the petition was was due on Imogene’s transfer, since Imogene was not a published in the Florida Administrative Weekly Vol. 37, No. grantor of the real property. 39, September 30, 2011. The petition supported the requested waiver by stating that the Rulemaking Authority s. 6, Ch. 2009-131, L.O.F. Law Implemented officer at issue is a CJSTC-certified firearms instructor and that Ch. 2009-131, L.O.F. History–New 11-3-11. he did successfully complete the course of fire, however, he THIS RULE TAKES EFFECT UPON BEING FILED WITH signed his own CJSTC form 86A. Petitioner stated that the THE DEPARTMENT OF STATE UNLESS A LATER TIME officer will suffer a substantial hardship if his certification AND DATE IS SPECIFIED IN THE RULE. were rendered inactive as a result of this situation. Petitioner EFFECTIVE DATE: November 3, 2011 further stated that it would violate the principles of fairness to fail to recognize that the officer did successfully complete the requirement simply because he signed his own CJSTC form Section V 86A for the 2010 reporting cycle. Petitions and Dispositions Regarding Rule On October 27, 2011, at its regularly scheduled business Variance or Waiver agenda meeting held in Ponte Vedra Beach, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the DEPARTMENT OF COMMUNITY AFFAIRS Commission’s rules in this case would violate the principles of The Department of Economic Opportunity issued an Order fairness. The Petitioner’s officer had, in fact, completed the Granting Waiver on October 25, 2011. Commission’s course of fire and achieved a passing score. The NAME OF THE PETITIONER: City of Inverness, Florida, only deficiency in the officer’s firearms requalifications was DCA11-WAI-176 that the Petitioner’s officer is a CJSTC-certified firearms DATE PETITION WAS FILED: August 22, 2011 instructor and that he signed his own form CJSTC 86A. The RULE NUMBER AND NATURE OF THE RULE FROM Commission found that the purposes of the underlying statute, WHICH THE WAIVER OR VARIANCE IS SOUGHT: to ensure that officers receive adequate and timely retraining, Subsection 9B-43.0051(7), Florida Administrative Code. will be met by granting this waiver request. The Commission THE GENERAL BASIS FOR THE DECISION: granted the Petitioner’s waiver.
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3785 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
A copy of the Order or additional information may be obtained The Criminal Justice Standards and Training Commission by contacting: Grace A. Jaye, Assistant General Counsel, hereby gives notice that on October 27, 2011, the Criminal Florida Department of Law Enforcement, P. O. Box 1489, Justice Standards and Training Commission has issued an Tallahassee, FL 32327 or by telephoning (850)410-7676. order. On September 8 2011, the Criminal Justice Standards and The Criminal Justice Standards and Training Commission Training Commission, received a petition for a permanent hereby gives notice that on October 27, 2011, the Criminal waiver of subsection 11B-27.00212(14), F.A.C., by the Justice Standards and Training Commission has issued an Clewiston Police Department on behalf of one officer for the order. The Criminal Justice Standards and Training 2008 and 2010 firearms requalification periods. Subsection Commission received a petition on September 15, 2011, for a 11B-27.00212(14), F.A.C., requires officers to requalify with a permanent waiver of subsection 11B-27.00212(14), F.A.C., firearm every two years under the supervision of a from Canaveral Port Authority Police Department on behalf of CJSTC-certified firearms instructor on a course of fire one officer. Notice of the petition was published in the Florida mandated by Commission rule. Notice of receipt of the petition Administrative Weekly Vol. 37, No. 39, on September 30, was published in the Florida Administrative Weekly Vol. 37, 2011. Subsection 11B-27.00212(14), F.A.C., requires officers No. 39, September 30, 2011. to requalify with a firearm every two years under the The petition supported the requested waiver by stating that the supervision of a CJSTC-certified firearms instructor on a officer is a CJSTC-certified firearms instructor and that he did course of fire mandated by Commission rule. successfully complete the course of fire, however, the The petition supported the requested waiver by stating that the instructor utilized by the Petitioner during the 2006-2008 and officer did successfully complete the course of fire for the 2010 2008-2010 reporting cycles to supervise the officer’s firearms reporting cycle, however, the firearms instructor who requalification was not a CJSTC-certified firearms instructor. supervised the requalification shoot was not CJSTC certified at Petitioner stated that the officer will suffer a substantial the time. Petitioner stated that the agency’s officer would suffer hardship if his certification is rendered inactive as a result of a substantial hardship if his certification is rendered inactive as this situation. Petitioner further stated that it would violate the a result of this situation. Petitioner further states that it would principles of fairness to fail to recognize that the officer did violate the principles of fairness to fail to recognize that the successfully complete the requirement simply because his officer affected by this situation did successfully complete the CJSTC form 86A was not signed by a CJSTC-certified requirement simply because the instructor had not completed firearms instructor during the 2006 – 2008 (7/1/06 – 6/30/08) CJSTC firearms instructor certification prior to supervising the and 2008-2010 (7/1/08 – 6/30/10) reporting cycles. firearm requalifications. On October 27, 2011, at its regularly scheduled business On October 27, 2011, at its regularly scheduled business agenda meeting held in Ponte Vedra, Florida, the Commission agenda meeting held in Ponte Vedra Beach, Florida, the found that the Petitioner’s situation is unique. The Petitioner Commission found that the Petitioner’s situation is unique. The demonstrated that the strict application of the Commission’s Petitioner demonstrated that the strict application of the rules in this case would violate the principles of fairness. The Commission’s rules in this case would violate the principles of Petitioner’s officer had, in fact, completed the Commission’s fairness. The Petitioner’s officer had, in fact, completed the course of fire and achieved a passing score. The only Commission’s course of fire and achieved a passing score. The deficiency in the officer’s firearms requalifications was that the only deficiency in the officer’s firearms requalification was Petitioner’s officer was not supervised by a CJSTC-certified that the firearms instructor who conducted the mandatory firearms instructor during his requalifications. The firearms requalifications for Petitioner’s officer had not Commission found that the purposes of the underlying statute, complied with all administrative aspects of becoming a CJSTC to ensure that officers receive adequate and timely retraining, certified firearms instructor on the date he supervised the will be met by granting this waiver request. The Commission requalification shoots. The Commission found that the granted the Petitioner’s waiver. purposes of the underlying statute, to ensure that officers A copy of the Order or additional information may be obtained receive adequate and timely retraining, will be met by granting by contacting: Grace A. Jaye, Assistant General Counsel, this waiver request. The Commission granted the Petitioner’s Florida Department of Law Enforcement, P. O. Box 1489, waiver. Tallahassee, FL 32327 or by telephoning (850)410-7676. A copy of the Order or additional information may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, The Criminal Justice Standards and Training Commission Florida Department of Law Enforcement, P. O. Box 1489, hereby gives notice that it has issued a final order on October Tallahassee, FL 32327 or by telephoning (850)410-7676. 27, 2011. The Criminal Justice Standards and Training Commission received a petition from the Coral Springs Police Department on August 23, 2011, requesting a permanent
3786 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 waiver of subsection 11B-27.00212(14), F.A.C., on behalf of August 13, 2008. Petitioner states that he will suffer a 67 officers. Subsection 11B-27.00212(14), F.A.C., requires substantial hardship if he is not permitted an extra six months officers to requalify with a firearm under the supervision of a to find employment because he will have to retake basic recruit CJSTC-certified firearms instructor every two years on a training and retake the SOCE. The Petitioner requests an extra course of fire mandated by Commission rule. six months to find employment. The petition supported the requested waiver by stating that the Notice of receipt of the petition was published in the Florida officers did successfully complete the course of fire for the Administrative Weekly Vol. 37, No. 37 on September 16, 2011. 2008 reporting period, however, the firearms instructors who On October 27, 2011, at its regularly scheduled business supervised the requalification shoots were not CJSTC certified agenda meeting held in Ponte Vedra Beach, Florida, the at the time. Petitioner stated that the agency’s officers will Commission found that the Petitioner’s situation is not unique. suffer a substantial hardship if their certifications are rendered The Petitioner did not demonstrate that the strict application of inactive as a result of this situation. Petitioner further stated the Commission’s rules in this case would violate the that it would violate the principles of fairness to fail to principles of fairness. The Commission found that the purposes recognize that the officers affected by this situation did of the underlying statute, to ensure that recruits receive successfully complete the requirement simply because their adequate and timely retraining, will not be met by granting this instructors had not completed CJSTC firearms instructor waiver request. The Commission issued an order denying the certification prior to supervising the firearm requalifications. Petitioner’s request for a variance. Notice of receipt of the petition was published in the Florida A copy of the Order or additional information may be obtained Administrative Weekly Vol. 37, No. 35, on September 2, 2011. by contacting: Grace A. Jaye, Assistant General Counsel, On October 27, 2011, at its regularly scheduled business Florida Department of Law Enforcement, P. O. Box 1489, agenda meeting held in Ponte Vedra, Florida, the Commission Tallahassee, FL 32327 or by telephoning (850)410-7676. found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission’s The Criminal Justice Standards and Training Commission rules in this case would violate the principles of fairness. The hereby gives notice that on October 27, 2011, the Criminal Petitioner’s officers had, in fact, completed the Commission’s Justice Standards and Training Commission, issued an order. course of fire and achieved a passing score. The only The Criminal Justice Standards and Training Commission deficiency in the officers’ firearms requalifications was that the received a petition for a permanent waiver of subsection firearms instructors who conducted the mandatory firearms 11B-27.00212(14), F.A.C., from Duval County School District requalifications for Petitioner’s officers had not complied with Police Department on September 21, 2011, behalf of 18 all administrative aspects of becoming CJSTC certified officers. Subsection 11B-27.00212(14), F.A.C., requires firearms instructors on the date that they supervised the officers to requalify with a firearm under the supervision of a requalification shoots. The Commission found that the CJSTC-certified firearms instructor every two years on a purposes of the underlying statute, to ensure that officers course of fire mandated by Commission rule. receive adequate and timely retraining, will be met by granting The petition supported the requested waiver by stating that the this waiver request. The Commission issued an order granting officers did successfully complete the course of fire for the the Petitioner’s waiver. 2008 and 2010 reporting period, however, the firearms A copy of the Order or additional information may be obtained instructors who supervised the requalification shoots were not by contacting: Grace A. Jaye, Assistant General Counsel, CJSTC certified at the time. Petitioner stated that the agency’s Florida Department of Law Enforcement, P. O. Box 1489, officers will suffer a substantial hardship if their certifications Tallahassee, FL 32327 or by telephoning (850)410-7676. are rendered inactive as a result of this situation. Petitioner further stated that it would violate the principles of fairness to The Criminal Justice Standards and Training Commission fail to recognize that the officers affected by this situation did hereby gives notice that it has issued an order. August 30, successfully complete the requirement simply because their 2011, the Criminal Justice Standards and Training instructors had not completed CJSTC firearms instructor Commission, received a petition for a variance of subsection certification prior to supervising the firearm requalifications. 11B-27.002(4), F.A.C., from Diego Abel Colon-Batiz. Notice of receipt of the petition was published in the Florida Subsection 11B-27.002(4), F.A.C., requires recruits to Administrative Weekly Vol. 37, No. 40, on October 7, 2011. complete basic recruit training, pass the SOCE, and gain On October 27, 2011, at its regularly scheduled business employment within four years of beginning basic recruit agenda meeting held in Ponte Vedra, Florida, the Commission training. The petition states that the Petitioner began basic on found that the Petitioner’s situation is unique. The Petitioner April 2, 2007, and paid his own way through basic by working demonstrated that the strict application of the Commission’s full time. Petitioner further states that he was injured while rules in this case would violate the principles of fairness. The completing basic and that prevented him from graduating until Petitioner’s officers had, in fact, completed the Commission’s
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3787 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 course of fire and achieved a passing score. The only timely retraining, will be met by granting this waiver request. deficiency in the officers’ firearms requalifications was that the The Commission issued an order granting the Petitioner’s firearms instructors who conducted the mandatory firearms waiver. requalifications for Petitioner’s officers had not complied with A copy of the Order or additional information may be obtained all administrative aspects of becoming CJSTC certified by contacting: Grace A. Jaye, Assistant General Counsel, firearms instructors on the date they supervised the Florida Department of Law Enforcement, P. O. Box 1489, requalification shoots. The Commission found that the Tallahassee, FL 32327 or by telephoning (850)410-7676. purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting The Criminal Justice Standards and Training Commission this waiver request. The Commission issued an order granting hereby gives notice that on October 27, 2011, the Criminal the Petitioner’s waiver. Justice Standards and Training Commission has issued an A copy of the Order or additional information may be obtained order. by contacting: Grace A. Jaye, Assistant General Counsel, On September 21, 2011, the Criminal Justice Standards and Florida Department of Law Enforcement, P. O. Box 1489, Training Commission, received a petition for a permanent Tallahassee, FL 32327 or by telephoning (850)410-7676. waiver of subsection 11B-27.00212(14), F.A.C., by the Florida Atlantic University Police Department on behalf of 30 officers The Criminal Justice Standards and Training Commission for firearms requalification period ending in 2008. Subsection hereby gives notice that on September 20, 2011, the Criminal 11B-27.00212(14), F.A.C., requires officers to requalify with a Justice Standards and Training Commission, received a firearm under the supervision of a CJSTC-certified firearms petition for a permanent waiver of subsection instructor every two years on a course of fire mandated by 11B-27.00212(14), F.A.C., from Edgewater Police Department Commission rule. Notice of receipt of the petition was on behalf of Officer Lawler for the 2006 – 2008 (7/1/06 – published in the Florida Administrative Weekly Vol. 37, No. 6/30/08) and 2008-2010 (7/1/2008-6/30/10) mandatory 35, on September 2, 2011. firearms requalification reporting cycles and Chief Arcieri for The petition supported the requested waiver by stating that the the 2008-2010 (7/1/08 – 6/30/10) reporting cycle. Subsection officers did successfully complete the course of fire, however, 11B-27.00212(14), F.A.C., requires officers to requalify with a the instructors conducting the course of fire were not CJSTC firearm every two years under the supervision of a certified firearms instructors during the 2008 reporting cycle. CJSTC-certified firearms instructor on a course of fire Petitioner stated that the agency’s officers will suffer a mandated by Commission rule. substantial hardship if their certifications are rendered inactive The petition supported the requested waiver for Officer Lawler as a result of this situation. Petitioner further stated that it by stating there is no CJSTC form 86A on file for him for the would violate the principles of fairness to fail to recognize that 2006-2008 reporting cycle, however, Officer Lawler did the officers affected by this situation did successfully complete complete the required course of fire in 2008, but after the the requirement simply because their instructors were not reporting period. The petition further supported the requested CJSTC certified firearms instructors for their requalification waiver by stating that the officers did successfully complete shoots during the 2008 reporting cycle. the course of fire in 2010, however, Officer Lawler did so after On October 27, 2011, at its regularly scheduled business the reporting date and Chief Arcieri requalified under a agenda meeting held in Ponte Vedra Beach, Florida, the non-certified firearms instructor and later in the year Commission found that the Petitioner’s situation is unique. The requalified under a certified firearms instructor after the Petitioner demonstrated that the strict application of the reporting date. Notice of receipt of the petition was published Commission’s rules in this case would violate the principles of in the Florida Administrative Weekly Vol. 37, No. 40, on fairness. The Petitioner’s officer had, in fact, completed the October 7, 2011. Commission’s course of fire and achieved a passing score. The On October 27, 2011, at its regularly scheduled business only deficiency in the officer’s firearms requalifications was agenda meeting held in Ponte Vedra, Florida, the Commission that the Petitioner’s officer is a CJSTC-certified firearms found that the Petitioner’s situation is unique. The Petitioner instructor and that he signed his own form CJSTC 86A. The demonstrated that the strict application of the Commission’s Commission found that the purposes of the underlying statute, rules in this case would violate the principles of fairness. The to ensure that officers receive adequate and timely retraining, Petitioner’s officers had, in fact, completed the Commission’s will be met by granting this waiver request. The Commission course of fire and achieved a passing score. The only granted the Petitioner’s waiver. deficiency in the officers’ firearms requalifications was one of timing. The Commission found that the purposes of the underlying statute, to ensure that officers receive adequate and
3788 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
A copy of the Order or additional information may be obtained The petition supported the requested waiver by stating that one by contacting: Grace A. Jaye, Assistant General Counsel, deputy’s paperwork for the 2006-2008 reporting period (July 1, Florida Department of Law Enforcement, P. O. Box 1489, 2006 – June 30, 2008) is missing, however, the deputy has Tallahassee, FL 32327 or by telephoning (850)410-7676. since successfully requalified twice. The second deputy’s CJSTC form 86A, which showed a successful requalification The Criminal Justice Standards and Training Commission score, was signed by a non-CJSTC certified firearms instructor hereby gives notice that it has issued an order. On September for the 2008-2010 reporting cycle (July 1, 2008 – June 30, 28, 2011, the Criminal Justice Standards and Training 2010). Petitioner stated that these two deputies will suffer a Commission, received a petition for a variance of subsection substantial hardship if their certifications are rendered inactive 11B-18.0071(1), F.A.C., from the Florida Criminal Justice as a result of this situation. Petitioner further stated that it Training Center Directors’ Association. Subsection would violate the principles of fairness to fail to recognize that 11B-18.0071(1), F.A.C., requires criminal justice training the deputies did successfully complete the firearms centers to submit budgets to the CJSTC staff by February 1 requalification requirement simply because the paperwork was each year. The petition supported the requested waiver by misfiled in one case and the instructor was not CJSTC certified stating that the Legislature meets in January this year and, in the other. therefore, the budget of available moneys from the CJSTC On October 27, 2011, at its regularly scheduled business trust fund to fund training at the centers will not be finalized by agenda meeting held in Ponte Vedra, Florida, the Commission February 1, 2012. The FCJTCDA requested a variance for this found that the Petitioner’s situation is unique. The Petitioner reporting deadline for this year so that their budgets may be demonstrated that the strict application of the Commission's based upon the actual CJSTC budget as approved by the rules in this case would violate the principles of fairness. The Legislature. The FCJTCDA requested to be permitted to Petitioner’s officers had, in fact, completed the Commission’s submit budgets for the training centers to the CJSTC staff by course of fire and achieved a passing score. The only April 1, 2012. deficiency in the officer’s firearms requalifications was that: On October 27, 2011, at its regularly scheduled business one deputy’s CJSTC 86A form was missing for the 2008 agenda meeting held in Ponte Vedra Beach, Florida, the reporting cycle; and, one deputy’s CJSTC 86A form was Commission found that the Petitioner’s situation is unique. The signed by a non-CJSTC-certified instructor for the 2010 Petitioner demonstrated that the strict application of the reporting cycle. The Commission found that the purposes of Commission’s rules in this case would violate the principles of the underlying statute, to ensure that officers receive adequate fairness. The Commission found that the purposes of the and timely retraining, will be met by granting this waiver underlying statute, to ensure that training centers submit timely request. The Commission granted the Petitioner’s waiver. budgets for review, will be met by granting the petition. The A copy of the Order or additional information may be obtained Commission issued an order granting the Petitioner's request by contacting: Grace A. Jaye, Assistant General Counsel, for a waiver. Florida Department of Law Enforcement, P. O. Box 1489, A copy of the Order or additional information may be obtained Tallahassee, FL 32327 or by telephoning (850)410-7676. by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, The Criminal Justice Standards and Training Commission Tallahassee, FL 32327 or by telephoning (850)410-7676. hereby gives notice that on October 27, 2011, the Criminal Justice Standards and Training Commission has issued an The Criminal Justice Standards and Training Commission order. hereby gives notice that on October 27, 2011, the Criminal On August 1, 2011, the Criminal Justice Standards and Justice Standards and Training Commission has issued an Training Commission, received a petition for a permanent order. waiver of subsection 11B-27.00212(14), F.A.C., by the On September 9, 2011, the Criminal Justice Standards and Graceville Police Department on behalf of eight officers for the Training Commission, received a petition for a permanent 2008 and 2010 firearms requalification periods. Subsection waiver of subsection 11B-27.00212(14), F.A.C., by the Glades 11B-27.00212(14), F.A.C., requires officers to requalify with a County Sheriff’s Office Police Department on behalf of two firearm under the supervision of a CJSTC-certified firearms deputies for the 2008 and 2010 firearms requalification instructor every two years on a course of fire mandated by periods. Subsection 11B-27.00212(14), F.A.C., requires Commission rule. Notice of receipt of the petition was officers to requalify with a firearm under the supervision of a published in the Florida Administrative Weekly Vol. 37, No. CJSTC-certified firearms instructor every two years on a 31, on August 19, 2011. course of fire mandated by Commission rule. Notice of receipt The petition supported the requested waiver by stating that the of the petition was published in the Florida Administrative eight officers did successfully complete the course of fire, Weekly Vol. 37, No. 39, September 30, 2011. however, the instructor was not an active CJSTC-certified
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3789 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 firearms instructor at the time of the requalifications for the violate the principles of fairness to fail to recognize that the 2006-2008 (7/1/06 – 6/30/08) and 2008-2010 (7/1/08 – officer did successfully complete the requirement simply 6/30/10) mandatory requalification periods. Petitioner stated because his instructor was not a CJSTC certified firearms that the agency’s officers will suffer a substantial hardship if instructor for the requalification shoot during the 2008 and their certifications are rendered inactive as a result of this 2010 reporting cycles. situation. Petitioner further stated that it would violate the On October 27, 2011, at its regularly scheduled business principles of fairness to fail to recognize that the officers agenda meeting held in Ponte Vedra, Florida, the Commission affected by this situation did successfully complete the found that the Petitioner’s situation is unique. The Petitioner requirement simply because their instructor was not an active demonstrated that the strict application of the Commission's CJSTC-certified firearms instructor at the time that he rules in this case would violate the principles of fairness. The supervised the mandatory requalifications. Petitioner’s officer had, in fact, completed the Commission’s On October 27, 2011, at its regularly scheduled business course of fire and achieved a passing score. The only agenda meeting held in Ponte Vedra, Florida, the Commission deficiency in the officer’s firearms requalifications was that the found that the Petitioner’s situation is unique. The Petitioner Petitioner was requalified by a non-CJSTC-certified firearms demonstrated that the strict application of the Commission’s instructor. The Commission found that the purposes of the rules in this case would violate the principles of fairness. The underlying statute, to ensure that officers receive adequate and Petitioner’s officers had, in fact, completed the Commission’s timely retraining, will be met by granting this waiver request. course of fire and achieved a passing score. The only The Commission granted the Petitioner’s waiver. deficiency in the officers’ firearms requalifications was that the A copy of the Order or additional information may be obtained Petitioner’s officers were not supervised by a CJSTC-certified by contacting: Grace A. Jaye, Assistant General Counsel, firearms instructor during requalifications for the 2008 and Florida Department of Law Enforcement, P. O. Box 1489, 2010 reporting cycles. The Commission found that the Tallahassee, FL 32327 or by telephoning (850)410-7676. purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting The Criminal Justice Standards and Training Commission this waiver request. The Commission granted the Petitioner’s hereby gives notice that it has issued a final order on October waiver. 27, 2011. The Criminal Justice Standards and Training A copy of the Order or additional information may be obtained Commission received a petition from Holmes County Sheriff’s by contacting: Grace A. Jaye, Assistant General Counsel, Office on September 27, 2011, on behalf of 21 deputies for the Florida Department of Law Enforcement, P. O. Box 1489, 2006-2008 (7/1/2006 – 6/30/2008) reporting period. Tallahassee, FL 32327 or by telephoning (850)410-7676. Subsection 11B-27.00212(14), F.A.C., requires officers to requalify with a firearm under the supervision of a The Criminal Justice Standards and Training Commission CJSTC-certified firearms instructor every two years on a hereby gives notice that on October 27, 2011, the Criminal course of fire mandated by Commission rule. Notice of receipt Justice Standards and Training Commission has issued an of the petition was published in the Florida Administrative order. Weekly Vol. 37, No. 40, on October 7, 2011. On September 21, 2011, the Criminal Justice Standards and The petition supported the requested waiver by stating that the Training Commission, received a petition for a permanent 21 deputies did successfully complete the course of fire for the waiver of subsection 11B-27.00212(14), F.A.C., by the 2008 reporting period, however, the firearms instructors who Groveland Police Department on behalf of one officer for the supervised the requalification shoots were not CJSTC certified 2008 and 2010 firearms requalification periods. Subsection at the time. Petitioner stated that the agency’s deputies will 11B-27.00212(14), F.A.C., requires officers to requalify with a suffer a substantial hardship if their certifications are rendered firearm under the supervision of a CJSTC-certified firearms inactive as a result of this situation. Petitioner further stated instructor every two years on a course of fire mandated by that it would violate the principles of fairness to fail to Commission rule. Notice of receipt of the petition was recognize that the deputies affected by this situation did published in the Florida Administrative Weekly Vol. 37, No. successfully complete the requirement simply because their 35, September 2, 2011. instructors had not completed CJSTC firearms instructor The petition supported the requested waiver by stating that the certification prior to supervising the firearm requalifications. officer did successfully complete the course of fire, however, On October 27, 2011, at its regularly scheduled business the instructor conducting the course of fire was not a CJSTC agenda meeting held in Ponte Vedra, Florida, the Commission certified firearms instructor during the 2008 and 2010 found that the Petitioner’s situation is unique. The Petitioner reporting cycles. Petitioner stated that the officer will suffer a demonstrated that the strict application of the Commission’s substantial hardship if his certification is rendered inactive as a rules in this case would violate the principles of fairness. The result of this situation. Petitioner further stated that it would Petitioner’s deputies had, in fact, completed the Commission’s
3790 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 course of fire and achieved a passing score. The only The Criminal Justice Standards and Training Commission deficiency in the deputies’ firearms requalifications was that hereby gives notice that on October 27, 2011, the Criminal the firearms instructors who conducted the mandatory firearms Justice Standards and Training Commission has issued an requalifications for Petitioner’s deputies had not complied with order. The Criminal Justice Standards and Training all administrative aspects of becoming CJSTC certified Commission received a petition on September 23, 2011 for a firearms instructors on the date they supervised the permanent waiver of subsection 11B-27.00212(14), F.A.C., requalification shoots. The Commission found that the from Lady Lake Police Department on behalf of two officers purposes of the underlying statute, to ensure that officers for the 2008 and 2010 reporting cycles. Notice of the petition receive adequate and timely retraining, will be met by granting was published in the Florida Administrative Weekly Vol. 37, this waiver request. The Commission issued an order granting No. 40, on October 7, 2011. Subsection 11B-27.00212(14), the Petitioner’s waiver. F.A.C., requires officers to requalify with a firearm every two A copy of the Order or additional information may be obtained years under the supervision of a CJSTC-certified firearms by contacting: Grace A. Jaye, Assistant General Counsel, instructor on a course of fire mandated by Commission rule. Florida Department of Law Enforcement, P. O. Box 1489, The petition supported the requested waiver by stating that the Tallahassee, FL 32327 or by telephoning (850)410-7676. two officers did successfully complete the course of fire for the 2008 and 2010 reporting cycle, however, the firearms The Criminal Justice Standards and Training Commission instructor who supervised the requalification shoot was not hereby gives notice that it has issued an order. On October 7, CJSTC certified at the time. Petitioner stated that the agency’s 2011, the Criminal Justice Standards and Training officers would suffer a substantial hardship if their certification Commission, received a petition for a temporary variance of is rendered inactive as a result of this situation. Petitioner paragraphs 11B-27.00213(4)(a), (b), F.A.C., by Ashley further states that it would violate the principles of fairness to Humphrey. Paragraphs 11B-27-00213(4)(a), (b), F.A.C., fail to recognize that the officers affected by this situation did requires individuals who are terminated in one Temporary successfully complete the requirement simply because their Employment Authorization (TEA) to wait four years prior to instructor had not completed CJSTC firearms instructor becoming employed on another TEA. The Petitioner wished to certification prior to supervising the firearm requalifications. be granted a waiver so that she could seek another TEA On October 27, 2011, at its regularly scheduled business without waiting four years from her termination date. The agenda meeting held in Ponte Vedra, Florida, the Commission Petitioner stated as a reason for granting the waiver that she found that the Petitioner’s situation is unique. The Petitioner will face economic hardship if the waiver is not granted. She demonstrated that the strict application of the Commission’s stated that she will have to pay for the class that she failed at rules in this case would violate the principles of fairness. The Basic Recruit Training and then pay to take the State Officer Petitioner’s officer had, in fact, completed the Commission’s Certification Examination. Notice of receipt of the petition was course of fire and achieved a passing score. The only published in the Florida Administrative Weekly Vol. 37, No. 32 deficiency in the officer’s firearms requalification was that the on October 21, 2011. firearms instructor who conducted the mandatory firearms On October 27, 2011, at its regularly scheduled business requalifications for Petitioner’s officer had not complied with agenda meeting held in Ponte Vedra Beach, Florida, the all administrative aspects of becoming a CJSTC certified Commission found that the Petitioner’s situation is not unique. firearms instructor on the dates that he supervised the The Petitioner did not demonstrate that the strict application of requalification shoots. The Commission found that the the Commission’s rules in this case would violate the purposes of the underlying statute, to ensure that officers principles of fairness. The Commission found that the purposes receive adequate and timely retraining, will be met by granting of the underlying statute, to ensure that recruits receive this waiver request. The Commission granted the Petitioner’s adequate and timely retraining and do not unreasonably expand waiver. their time on a TEA or unreasonably burden employers with A copy of the Order or additional information may be obtained multiple TEAs, will not be met by granting this waiver request. by contacting: Grace A. Jaye, Assistant General Counsel, The Commission issued an order denying the Petitioner’s Florida Department of Law Enforcement, P. O. Box 1489, request for a permanent waiver. Tallahassee, FL 32327 or by telephoning (850)410-7676. A copy of the Order or additional information may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, The Criminal Justice Standards and Training Commission Florida Department of Law Enforcement, P. O. Box 1489, hereby gives notice that it has issued a final order on October Tallahassee, FL 32327 or by telephoning (850)410-7676. 27, 2011. The Criminal Justice Standards and Training Commission received a petition from the Margate Police
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3791 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Department on August 4, 2011, requesting a permanent waiver firearm every two years under the supervision of a of subsection 11B-27.00212(14), F.A.C., on behalf of 106 CJSTC-certified firearms instructor on a course of fire officers. mandated by Commission rule. Notice of receipt of the petition Subsection 11B-27.00212(14), F.A.C., requires officers to was published in the Florida Administrative Weekly Vol. 37, requalify with a firearm every two years under the supervision No. 35, September 2, 2011. of a CJSTC-certified firearms instructor on a course of fire The petition supported the requested waiver by stating that the mandated by Commission rule. The petition supported the officers did successfully complete the course of fire, however, requested waiver by stating that the officers did successfully the instructors conducting the course of fire were not a CJSTC complete the course of fire for the 2008 reporting period, certified firearms instructors during the 2010 reporting cycle. however, the firearms instructors who supervised the Petitioner stated that these officers will suffer a substantial requalification shoots were not CJSTC certified at the time. hardship if their certification is rendered inactive as a result of Petitioner stated that the agency’s officers will suffer a this situation. Petitioner further stated that it would violate the substantial hardship if their certifications are rendered inactive principles of fairness to fail to recognize that these officers did as a result of this situation. Petitioner further stated that it successfully complete the requirement simply because the would violate the principles of fairness to fail to recognize that instructors were not CJSTC certified firearms instructors for the officers affected by this situation did successfully complete the requalification shoot during the 2010 reporting cycle. the requirement simply because their instructors had not On October 27, 2011, at its regularly scheduled business completed CJSTC firearms instructor certification prior to agenda meeting held in Ponte Vedra, Florida, the Commission supervising the firearm requalifications. Notice of receipt of found that the Petitioner’s situation is unique. The Petitioner the petition was published in the Florida Administrative demonstrated that the strict application of the Commission’s Weekly Vol. 37, No. 33, on August 19, 2011. rules in this case would violate the principles of fairness. The On October 27, 2011, at its regularly scheduled business Petitioner’s officers had, in fact, completed the Commission’s agenda meeting held in Ponte Vedra, Florida, the Commission course of fire and achieved a passing score. The only found that the Petitioner’s situation is unique. The Petitioner deficiency in the officer’s firearms requalifications was that demonstrated that the strict application of the Commission's they were requalified by a non-CJSTC-certified firearms rules in this case would violate the principles of fairness. The instructor. The Commission found that the purposes of the Petitioner’s officers had, in fact, completed the Commission’s underlying statute, to ensure that officers receive adequate and course of fire and achieved a passing score. The only timely retraining, will be met by granting this waiver request. deficiency in the officers’ firearms requalifications was that the The Commission granted the Petitioner’s waiver. firearms instructors who conducted the mandatory firearms A copy of the Order or additional information may be obtained requalifications for Petitioner’s officers had not complied with by contacting: Grace A. Jaye, Assistant General Counsel, all administrative aspects of becoming CJSTC certified Florida Department of Law Enforcement, P. O. Box 1489, firearms instructors on the date they supervised the Tallahassee, FL 32327 or by telephoning (850)410-7676. requalification shoots. The Commission found that the purposes of the underlying statute, to ensure that officers The Criminal Justice Standards and Training Commission receive adequate and timely retraining, will be met by granting hereby gives notice that on October 27, 2011, the Criminal this waiver request. The Commission issued an order granting Justice Standards and Training Commission has issued an the Petitioner’s waiver. order. The Criminal Justice Standards and Training A copy of the Order or additional information may be obtained Commission received a petition on September 1, 2011, for a by contacting: Grace A. Jaye, Assistant General Counsel, permanent waiver of subsection 11B-27.00212(14), F.A.C., Florida Department of Law Enforcement, P. O. Box 1489, from Milton Police Department on behalf of 27 officers for the Tallahassee, FL 32327 or by telephoning (850)410-7676. 2008 and 2010 reporting cycles. Notice of the petition was published in the Florida Administrative Weekly Vol. 37, No. The Criminal Justice Standards and Training Commission 37, on September 16, 2011. Subsection 11B-27.00212(14), hereby gives notice that on October 27, 2011, the Criminal F.A.C., requires officers to requalify with a firearm every two Justice Standards and Training Commission has issued an years under the supervision of a CJSTC-certified firearms order. instructor on a course of fire mandated by Commission rule. On August 19, 2011, the Criminal Justice Standards and The petition supported the requested waiver by stating that the Training Commission, received a petition for a permanent 27 officers did successfully complete the course of fire for the waiver of subsection 11B-27.00212(14), F.A.C., by the 2008 and 2010 reporting cycle, however, the firearms Mascotte Police Department on behalf of two officers for the instructors who supervised the requalification shoots were not 2010 firearms requalification period. Subsection CJSTC certified at the time. Petitioner stated that the agency’s 11B-27.00212(14), F.A.C., requires officers to requalify with a officers would suffer a substantial hardship if their
3792 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 certifications are rendered inactive as a result of this situation. requirement simply because the firearms instructor signed his Petitioner further states that it would violate the principles of own CJSTC 86A form and the other officer was on extended fairness to fail to recognize that the officers affected by this sick leave and, thus incapable of completing the requirement. situation did successfully complete the requirement simply On October 27, 2011, at its regularly scheduled business because their instructors had not completed CJSTC firearms agenda meeting held in Ponte Vedra, Florida, the Commission instructor certification prior to supervising the firearm found that the Petitioner’s situation is unique. The Petitioner requalifications. demonstrated that the strict application of the Commission’s On October 27, 2011, at its regularly scheduled business rules in this case would violate the principles of fairness. The agenda meeting held in Ponte Vedra Beach, Florida, the firearms instructor completed the course of fire as mandated in Commission found that the Petitioner’s situation is unique. The the Commission rule, however, he signed his own CJSTC 86A Petitioner demonstrated that the strict application of the form. The other officer could not complete his mandatory Commission's rules in this case would violate the principles of firearm requalification because of extended sick leave. fairness. The Petitioner’s officers had, in fact, completed the The Commission found that the purposes of the underlying Commission’s course of fire and achieved a passing score. The statute, to ensure that officers receive adequate and timely only deficiency in the officers’ firearms requalification was retraining, will be met by granting this waiver request. The that the firearms instructors who conducted the mandatory Commission granted the Petitioner's waiver. firearms requalifications for Petitioner’s officer had not A copy of the Order or additional information may be obtained complied with all administrative aspects of becoming CJSTC by contacting: Grace A. Jaye, Assistant General Counsel, certified firearms instructors on the dates that they supervised Florida Department of Law Enforcement, P. O. Box 1489, the requalification shoots. The Commission found that the Tallahassee, FL 32327 or by telephoning (850)410-7676. purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting The Criminal Justice Standards and Training Commission this waiver request. The Commission granted the Petitioner’s hereby gives notice that on October 27, 2011, the Criminal waiver. Justice Standards and Training Commission has issued an A copy of the Order or additional information may be obtained order. The Criminal Justice Standards and Training by contacting: Grace A. Jaye, Assistant General Counsel, Commission received a petition on September 7, 2011, for a Florida Department of Law Enforcement, P. O. Box 1489, permanent waiver of subsection 11B-27.00212(14), F.A.C., Tallahassee, FL 32327 or by telephoning (850)410-7676. from Orange City Police Department on behalf of 25 officers for the 2008 and 2010 reporting cycles. Notice of the petition The Criminal Justice Standards and Training Commission was published in the Florida Administrative Weekly Vol. 37, hereby gives notice that on October 27, 2011, the Criminal No. 38, on September 23, 2011. Subsection 11B-27.00212(14), Justice Standards and Training Commission has issued an F.A.C., requires officers to requalify with a firearm every two order. The Criminal Justice Standards and Training years under the supervision of a CJSTC-certified firearms Commission received a petition on September 9, 2011, for a instructor on a course of fire mandated by Commission rule. permanent waiver of subsection 11B-27.00212(14), F.A.C., The petition supported the requested waiver by stating that the from Monticello Police Department on behalf of 2 officers for 25 officers did successfully complete the course of fire for the the 2008 reporting cycle. Notice of the petition was published 2008 reporting cycle, however, the firearms instructors who in the Florida Administrative Weekly Vol. 37, No. 39, on supervised the requalification shoots were not CJSTC certified September 30, 2011. Subsection 11B-27.00212(14), F.A.C., at the time. Petitioner additionally requests that the requires officers to requalify with a firearm every two years requalification of one officer for the 2010 reporting cycle be under the supervision of a CJSTC-certified firearms instructor viewed as in compliance because the officer is a on a course of fire mandated by Commission rule. CJSTC-certified firearms instructor and signed his own CJSTC The petition supported the requested waiver by stating that the 86A form after successfully completing the mandatory CJSTC-certified firearms instructor signed his own CJSTC firearms retraining course of fire. Petitioner stated that the form 86A for the 2010 reporting cycle (7/1/08 – 6/30/10). The agency’s officers would suffer a substantial hardship if their second officer did not complete his mandatory retraining certifications are rendered inactive as a result of this situation. qualification for the 2008 cycle (7/1/2006 – 6/30/2008) Petitioner further states that it would violate the principles of because of an extended sick leave. Petitioner stated that the fairness to fail to recognize that the officers affected by this agency’s officers would suffer a substantial hardship if their situation did successfully complete the requirement simply certifications were rendered inactive as a result of this because their instructors had not completed CJSTC firearms situation. Petitioner further states that it would violate the instructor certification prior to supervising the firearm principles of fairness to fail to recognize that the one of the officers affected by this situation did successfully complete the
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3793 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 requalifications or because a CJSTC-certified firearms demonstrated that the strict application of the Commission's instructor signed his own CJSTC 86A form for completing the rules in this case would violate the principles of fairness. The course of fire for the 2010 reporting cycle. Petitioner’s officer had, in fact, completed the Commission’s On October 27, 2011, at its regularly scheduled business course of fire and achieved a passing score for the 2008 agenda meeting held in Ponte Vedra, Florida, the Commission firearms requalification period. The only deficiency in the found that the Petitioner’s situation is unique. The Petitioner officer’s firearms requalifications was that the Petitioner’s demonstrated that the strict application of the Commission's officer was not supervised by a CJSTC-certified firearms rules in this case would violate the principles of fairness. The instructor during his requalifications. The Commission found Petitioner’s officers had, in fact, completed the Commission’s that the purposes of the underlying statute, to ensure that course of fire and achieved passing scores. The only deficiency officers receive adequate and timely retraining, will be met by in the officers’ firearms requalification was that the firearms granting this waiver request. The Commission granted the instructors who conducted the mandatory firearms Petitioner’s waiver. requalifications for Petitioner’s officer had not complied with A copy of the Order or additional information may be obtained all administrative aspects of becoming CJSTC certified by contacting: Grace A. Jaye, Assistant General Counsel, firearms instructors on the dates that they supervised the Florida Department of Law Enforcement, P. O. Box 1489, requalification shoots. The Commission found that the Tallahassee, FL 32327 or by telephoning (850)410-7676. purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting The Criminal Justice Standards and Training Commission this waiver request. The Commission granted the Petitioner’s hereby gives notice that on October 27, 2011, the Criminal waiver. Justice Standards and Training Commission has issued an A copy of the Order or additional information may be obtained order. by contacting: Grace A. Jaye, Assistant General Counsel, On August 17, 2011, the Criminal Justice Standards and Florida Department of Law Enforcement, P. O. Box 1489, Training Commission, received a petition for a permanent Tallahassee, FL 32327 or by telephoning (850)410-7676. waiver of subsection 11B-27.00212(14), F.A.C., by the Palatka Police Department on behalf of one officer for the 2008 The Criminal Justice Standards and Training Commission firearms requalification period. Subsection 11B-27.00212(14), hereby gives notice that on October 27, 2011, the Criminal F.A.C., requires officers to requalify with a firearm under the Justice Standards and Training Commission has issued an supervision of a CJSTC-certified firearms instructor every two order. years on a course of fire mandated by Commission rule. Notice On August 31 2011, the Criminal Justice Standards and of receipt of the petition was published in the Florida Training Commission, received a petition for a permanent Administrative Weekly Vol. 37, No. 35, September 2, 2011. waiver of subsection 11B-27.00212(14), F.A.C., by the Oviedo The petition supported the requested waiver by stating that the Police Department on behalf of one officer for the 2008 officer did successfully complete the course of fire, however, firearms requalification period. Subsection 11B-27.00212(14), the instructor conducting the course of fire was not CJSTC F.A.C., requires officers to requalify with a firearm every two certified firearms instructors during the 2008 reporting cycle. years under the supervision of a CJSTC-certified firearms Petitioner stated that the officer will suffer a substantial instructor on a course of fire mandated by Commission rule. hardship if his certification is rendered inactive as a result of Notice of receipt of the petition was published in the Florida this situation. Petitioner further stated that it would violate the Administrative Weekly Vol. 37, No. 35, on September 2, 2011. principles of fairness to fail to recognize that the officer did The petition supports the requested waiver by stating that the successfully complete the requirement simply because his officer did successfully complete the course of fire, however, instructor was not a CJSTC certified firearms instructor for the the instructor conducting the course of fire was not a CJSTC requalification shoot during the 2008 reporting cycle. certified firearms instructor during the 2008 reporting cycle. On October 27, 2011, at its regularly scheduled business Petitioner states that the officer will suffer a substantial agenda meeting held in Ponte Vedra, Florida, the Commission hardship if his certification is rendered inactive as a result of found that the Petitioner’s situation is unique. The Petitioner this situation. Petitioner further states that it would violate the demonstrated that the strict application of the Commission’s principles of fairness to fail to recognize that the officer did rules in this case would violate the principles of fairness. The successfully complete the requirement simply because his Petitioner’s officer had, in fact, completed the Commission’s instructor was not a CJSTC certified firearms instructor for the course of fire and achieved a passing score. The only requalification shoot during the 2008 reporting cycle. deficiency in the officer’s firearms requalification was that the On October 27, 2011, at its regularly scheduled business firearms instructor supervising the requalification shoot for the agenda meeting held in Ponte Vedra, Florida, the Commission 2008 reporting period was not a CJSTC-certified firearms found that the Petitioner’s situation is unique. The Petitioner instructor. The Commission found that the purposes of the
3794 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 underlying statute, to ensure that officers receive adequate and The Commission found that the purposes of the underlying timely retraining, will be met by granting this waiver request. statute, to ensure that officers receive adequate and timely The Commission granted the Petitioner’s waiver. retraining, will be met by granting this waiver request. The A copy of the Order or additional information may be obtained Commission granted the Petitioner’s waiver. by contacting: Grace A. Jaye, Assistant General Counsel, A copy of the Order or additional information may be obtained Florida Department of Law Enforcement, P. O. Box 1489, by contacting: Grace A. Jaye, Assistant General Counsel, Tallahassee, FL 32327, or by telephoning (850)410-7676. Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32327 or by telephoning (850)410-7676. The Criminal Justice Standards and Training Commission hereby gives notice that on October 27, 2011, the Criminal The Criminal Justice Standards and Training Commission Justice Standards and Training Commission has issued an hereby gives notice that on October 27, 2011, the Criminal order. The Criminal Justice Standards and Training Justice Standards and Training Commission has issued an Commission received a petition on September 15, 2011, for a order. permanent waiver of subsection 11B-27.00212(14), F.A.C., On August 10, 2011, the Criminal Justice Standards and from Sanibel Police Department on behalf of 37 officers for the Training Commission, received a petition for a permanent 2006-2008 (7/1/2006 – 6/30/2008) reporting period and one waiver of subsection 11B-27.00212(14), F.A.C., by the officer for the 2008-2010 (7/1/2008 – 6/30/2010) reporting Sarasota – Manatee Airport Authority Police Department on period. Notice of the petition was published in the Florida behalf of two officers for the 2008 and 2010 firearms Administrative Weekly Vol. 37, No. 40, on October 7, 2011. requalification period. Subsection 11B-27.00212(14), F.A.C., Subsection 11B-27.00212(14), F.A.C., requires officers to requires officers to requalify with a firearm every two years requalify with a firearm under the supervision of a under a CJSTC-certified firearms instructor on a course of fire CJSTC-certified firearms instructor every two years on a mandated by Commission rule. Notice of receipt of the petition course of fire mandated by Commission rule. was published in the Florida Administrative Weekly Vol. 37, Petitioner supported the requested waiver by stating that the No. 35, September 2, 2011. officers at issue did successfully complete the course of fire, The petition supported the requested waiver by stating that the however, the CJSTC form 86A’s for these officers cannot be officers did successfully complete the course of fire, however, located for the 2008 reporting period. For the 2010 reporting the CJSTC form 86A for each officer was not signed by a period, one of the officers was supervised by a CJSTC certified firearms instructor during the 2008 and 2010 non-CJSTC-certified firearms instructor, but the officer did reporting cycles. Petitioner stated that the agency’s officers successfully complete the course of fire. Petitioner stated that will suffer a substantial hardship if their certifications are the officers would suffer a substantial hardship if their rendered inactive as a result of this situation. Petitioner further certifications are rendered inactive as a result of this situation. stated that it would violate the principles of fairness to fail to Petitioner further states that it would violate the principles of recognize that the officers affected by this situation did fairness to fail to recognize that the officers did successfully successfully complete the requirement simply because their complete the requirement for the 2008 reporting period simply instructors had failed to sign their CJSTC form 86A for their because the agency cannot locate their CJSTC form 86A’s; requalification shoots during the 2008 and 2010 reporting and, for the one officer for the 2010 reporting period, because cycles. the instructor had not become CJSTC-certified prior to On October 27, 2011, at its regularly scheduled business supervising the requalification shoot. agenda meeting held in Ponte Vedra, Florida, the Commission On October 27, 2011, at its regularly scheduled business found that the Petitioner’s situation is unique. The Petitioner agenda meeting held in Ponte Vedra, Florida, the Commission demonstrated that the strict application of the Commission’s found that the Petitioner’s situation is unique. The Petitioner rules in this case would violate the principles of fairness. The demonstrated that the strict application of the Commission’s Petitioner’s officers had, in fact, completed the Commission’s rules in this case would violate the principles of fairness. The course of fire and achieved a passing score. The only officers involved did complete the requirement of subsection deficiency in the officer’s firearms requalifications was that 11B-27.00212(14), F.A.C. The only deficiency in these their CJSTC 86A forms were not signed by a CJSTC-certified officers’ requalification was that the agency cannot locate the firearms instructor for the 2008 and 2010 reporting cycles. The officers’ CJSTC 86A forms. The officer who requalified under Commission found that the purposes of the underlying statute, a non-CJSTC-certified firearms instructor for the 2010 to ensure that officers receive adequate and timely retraining, reporting cycle did, in fact, successfully complete his will be met by granting this waiver request. The Commission requalification. granted the Petitioner's waiver.
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3795 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
A copy of the Order or additional information may be obtained Commission received a petition on September 7, 2011, for a by contacting: Grace A. Jaye, Assistant General Counsel, permanent waiver of subsection 11B-27.00212(14), F.A.C., Florida Department of Law Enforcement, P. O. Box 1489, from Suwannee County Sheriff’s Office on behalf of one Tallahassee, FL 32327 or by telephoning (850)410-7676. deputy for the 2008 reporting cycle. Notice of the petition was published in the Florida Administrative Weekly Vol. 37, No. The Criminal Justice Standards and Training Commission 38, on September 23, 2011. Subsection 11B-27.00212(14), hereby gives notice that on October 27, 2011, the Criminal F.A.C., requires officers to requalify with a firearm under the Justice Standards and Training Commission has issued an supervision of a CJSTC-certified firearms instructor every two order. years on a course of fire mandated by Commission rule. On August 19, 2011, the Criminal Justice Standards and The petition supported the requested waiver by stating that the Training Commission, received a petition for a permanent deputy did successfully complete the course of fire, however, waiver of subsection 11B-27.00212(14), F.A.C., by the Sebring he was the only CJSTC certified firearms instructor in the Police Department on behalf of one officer for the 2008 agency at the time and signed his own CJSTC form 86A firearms requalification period. Subsection 11B-27.00212(14), requalification certifications for the 2008 and 2010 reporting F.A.C., requires officers to requalify with a firearm under the cycles. Petitioner stated that this deputy will suffer a supervision of a CJSTC-certified firearms instructor every two substantial hardship if his certification is rendered inactive as a years on a course of fire mandated by Commission rule. Notice result of this situation. Petitioner further stated that it would of receipt of the petition was published in the Florida violate the principles of fairness to fail to recognize that the Administrative Weekly Vol. 37, No. 35, September 2, 2011. deputy did successfully complete the requirement. The petition supported the requested waiver by stating that the On October 27, 2011, at its regularly scheduled business officer did successfully complete the course of fire, however, agenda meeting held in Ponte Vedra, Florida, the Commission the instructor conducting the course of fire was not a CJSTC found that the Petitioner’s situation is unique. The Petitioner certified firearms instructor during the 2008 reporting cycle. demonstrated that the strict application of the Commission’s Petitioner stated that this officer will suffer a substantial rules in this case would violate the principles of fairness. The hardship if his certification is rendered inactive as a result of firearms instructor completed the course of fire as mandated in this situation. Petitioner further stated that it would violate the the Commission rule even though he signed his own CJSTC principles of fairness to fail to recognize that this officer did 86A form for the 2008 and 2010 reporting cycles. successfully complete the requirement simply because the The Commission found that the purposes of the underlying instructor was not CJSTC certified firearms instructors for the statute, to ensure that officers receive adequate and timely requalification shoot during the 2008 reporting cycle. retraining, will be met by granting this waiver request. The On October 27, 2011, at its regularly scheduled business Commission granted the Petitioner’s waiver. agenda meeting held in Ponte Vedra Beach, Florida, the A copy of the Order or additional information may be obtained Commission found that the Petitioner’s situation is unique. The by contacting: Grace A. Jaye, Assistant General Counsel, Petitioner demonstrated that the strict application of the Florida Department of Law Enforcement, P. O. Box 1489, Commission’s rules in this case would violate the principles of Tallahassee, FL 32327 or by telephoning (850)410-7676. fairness. The Petitioner’s officer had, in fact, completed the Commission’s course of fire and achieved a passing score. The The Criminal Justice Standards and Training Commission only deficiency in the officer’s firearms requalifications was hereby gives notice that on October 27, 2011, the Criminal that the Petitioner was requalified by a non-CJSTC-certified Justice Standards and Training Commission has issued an firearms instructor. The Commission found that the purposes order. of the underlying statute, to ensure that officers receive On September 20, 2011, the Criminal Justice Standards and adequate and timely retraining, will be met by granting this Training Commission, received a petition for a permanent waiver request. The Commission granted the Petitioner’s waiver of subsection 11B-27.00212(14), F.A.C., by the waiver. Titusville Police Department on behalf of one officer for the A copy of the Order or additional information may be obtained 2008 firearms requalification period. Subsection by contacting: Grace A. Jaye, Assistant General Counsel, 11B-27.00212(14), F.A.C., requires officers to requalify with a Florida Department of Law Enforcement, P. O. Box 1489, firearm under the supervision of a CJSTC-certified firearms Tallahassee, FL 32327 or by telephoning (850)410-7676. instructor every two years on a course of fire mandated by Commission rule. Notice of receipt of the petition was The Criminal Justice Standards and Training Commission published in the Florida Administrative Weekly Vol. 37, No. hereby gives notice that on October 27, 2011, the Criminal 40, October 7, 2011. Justice Standards and Training Commission has issued an order. The Criminal Justice Standards and Training
3796 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
The petition supported the requested waiver by stating that the officer did successfully complete the requirement simply officer did successfully complete the course of fire, however, because the instructor was not a CJSTC certified firearms the instructor conducting the course of fire was not a CJSTC instructor for the requalification shoot during the 2008 and certified firearms instructor during the 2008 reporting cycle. 2010 reporting periods. Petitioner stated that this officer will suffer a substantial On October 27, 2011, at its regularly scheduled business hardship if his certification is rendered inactive as a result of agenda meeting held in Ponte Vedra, Florida, the Commission this situation. Petitioner further stated that it would violate the found that the Petitioner’s situation is unique. The Petitioner principles of fairness to fail to recognize that this officer did demonstrated that the strict application of the Commission's successfully complete the requirement simply because the rules in this case would violate the principles of fairness. The instructor was not a CJSTC certified firearms instructor for the Petitioner’s officer had, in fact, completed the Commission’s requalification shoot during the 2008 reporting cycle. course of fire and achieved a passing score. The only On October 27, 2011, at its regularly scheduled business deficiency in the officer’s firearms requalifications was that the agenda meeting held in Ponte Vedra, Florida, the Commission firearms instructor supervising the requalification shoot was found that the Petitioner’s situation is unique. The Petitioner not a CJSTC-certified firearms instructor. The Commission demonstrated that the strict application of the Commission’s found that the purposes of the underlying statute, to ensure that rules in this case would violate the principles of fairness. The officers receive adequate and timely retraining, will be met by Petitioner’s officer had, in fact, completed the Commission’s granting this waiver request. The Commission granted the course of fire and achieved a passing score. The only Petitioner's waiver. deficiency in the officer’s firearms requalification was that the A copy of the Order or additional information may be obtained firearms instructor supervising the requalification shoot for the by contacting: Grace A. Jaye, Assistant General Counsel, 2008 reporting period was not a CJSTC-certified firearms Florida Department of Law Enforcement, P. O. Box 1489, instructor. The Commission found that the purposes of the Tallahassee, FL 32327 or by telephoning (850)410-7676. underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting this waiver request. The Criminal Justice Standards and Training Commission The Commission granted the Petitioner’s waiver. hereby gives notice that on October 27, 2011, the Criminal A copy of the Order or additional information may be obtained Justice Standards and Training Commission has issued an by contacting: Grace A. Jaye, Assistant General Counsel, order. Florida Department of Law Enforcement, P. O. Box 1489, On August 3, 2011, the Criminal Justice Standards and Tallahassee, FL 32327 or by telephoning (850)410-7676. Training Commission, received a petition for a permanent waiver of subsection 11B-27.00212(14), F.A.C., by the The Criminal Justice Standards and Training Commission Washington County Sheriff’s Office on behalf of one deputy hereby gives notice that on October 27, 2011, the Criminal for the 2008 firearms requalification period. Subsection Justice Standards and Training Commission has issued an 11B-27.00212(14), F.A.C., requires officers to requalify with a order. firearm under the supervision of a CJSTC-certified firearms On September 20, 2011, the Criminal Justice Standards and instructor every two years on a course of fire mandated by Training Commission, received a petition for a permanent Commission rule. Notice of receipt of the petition was waiver of subsection 11B-27.00212(14), F.A.C., by the Venice published in the Florida Administrative Weekly Vol. 37, No. Police Department on behalf of one officer for the 2008 and 33, August 19, 2011. 2010 firearms requalification periods. Subsection The petition supported the requested waiver by stating that the 11B-27.00212(14), F.A.C., requires officers to requalify with a deputy did successfully complete the course of fire for the firearm under the supervision of a CJSTC-certified firearms 2006-2008 reporting period (July 1, 2006 – June 30, 2008), instructor every two years on a course of fire mandated by however, the instructor who supervised the deputy’s Commission rule. Notice of receipt of the petition was requalification was not a CJSTC-certified firearms instructor at published in the Florida Administrative Weekly Vol. 37, No. the time he supervised the requalification shoot. Petitioner 39, September 30, 2011. states that the deputy will suffer a substantial hardship if his The petition supported the requested waiver by stating that the certification is rendered inactive as a result of this situation. officer did successfully complete the course of fire, however, Petitioner further states that it would violate the principles of the instructor conducting the course of fire was not a fairness to fail to recognize that the deputy did successfully CJSTC-certified firearms instructor during the 2008 and 2010 complete the firearms requalification requirement simply reporting cycles. Petitioner stated that the officer will suffer a because his instructor had failed to complete the CJSTC substantial hardship if his certification is rendered inactive as a Instructor Techniques Course and did not file all paperwork result of this situation. Petitioner further stated that it would necessary to becoming a CJSTC-certified firearms instructor violate the principles of fairness to fail to recognize that the for the 2008 reporting cycle.
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3797 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
On October 27, 2011, at its regularly scheduled business requalifications for Petitioner’s officer had not complied with agenda meeting held in Ponte Vedra, Florida, the Commission all administrative aspects of becoming CJSTC certified found that the Petitioner’s situation is unique. The Petitioner firearms instructors on the dates that they supervised the demonstrated that the strict application of the Commission’s requalification shoots. The Commission found that the rules in this case would violate the principles of fairness. The purposes of the underlying statute, to ensure that officers Petitioner’s deputy had, in fact, completed the Commission’s receive adequate and timely retraining, will be met by granting course of fire and achieved a passing score. The only this waiver request. The Commission granted the Petitioner’s deficiency in the deputy’s firearms requalification was that the waiver. firearms instructor supervising the requalification shoot for the A copy of the Order or additional information may be obtained 2008 reporting period was not a CJSTC-certified firearms by contacting: Grace A. Jaye, Assistant General Counsel, instructor. The Commission found that the purposes of the Florida Department of Law Enforcement, P. O. Box 1489, underlying statute, to ensure that officers receive adequate and Tallahassee, FL 32327 or by telephoning (850)410-7676. timely retraining, will be met by granting this waiver request. The Commission granted the Petitioner’s waiver. The Criminal Justice Standards and Training Commission A copy of the Order or additional information may be obtained hereby gives notice that on October 27, 2011, the Criminal by contacting: Grace A. Jaye, Assistant General Counsel, Justice Standards and Training Commission has issued an Florida Department of Law Enforcement, P. O. Box 1489, order. The Criminal Justice Standards and Training Tallahassee, FL 32327 or by telephoning (850)410-7676. Commission received a petition on September 15, 2011, for a permanent waiver of subsection 11B-27.00212(14), F.A.C., The Criminal Justice Standards and Training Commission from Windermere Police Department on behalf of 22 officers hereby gives notice that on October 27, 2011, the Criminal for the 2006-2008 (7/1/2006 – 6/30/2008) reporting period, Justice Standards and Training Commission has issued an and for 12 officers for the 2008-2010 (7/1/2008 – 6/30/2010) order. The Criminal Justice Standards and Training reporting period. Notice of the petition was published in the Commission received a petition on August 17, 2011, for a Florida Administrative Weekly Vol. 37, No. 39, on September permanent waiver of Subsection 11B-27.00212(14), F.A.C., 30, 2011. Subsection 11B-27.00212(14), F.A.C., requires from Williston Police Department on behalf of 10 officers for officers to requalify with a firearm under the supervision of a the 2008 reporting cycle. Notice of the petition was published CJSTC-certified firearms instructor every two years on a in the Florida Administrative Weekly Vol. 37, No. 35, on course of fire mandated by Commission rule. September 2, 2011. Subsection 11B-27.00212(14), F.A.C., The petition supports the requested waiver by stating that the requires officers to requalify with a firearm under the officers did successfully complete the course of fire, however, supervision of a CJSTC-certified firearms instructor every two the instructors conducting the course of fire were not CJSTC years on a course of fire mandated by Commission rule. certified firearms instructors during the 2008 and 2010 The petition supported the requested waiver by stating that the reporting cycle. Petitioner states that the 34 officers will suffer 10 officers did successfully complete the course of fire for the a substantial hardship if their certifications are rendered 2008 reporting cycle, however, the firearms instructors who inactive as a result of this situation. Petitioner further states supervised the requalification shoots were not CJSTC certified that it would violate the principles of fairness to fail to at the time. Petitioner stated that the agency’s officers would recognize that the officers did successfully complete the suffer a substantial hardship if their certifications are rendered requirement simply because the instructors were not CJSTC inactive as a result of this situation. Petitioner further states certified firearms instructors for the requalification shoots that it would violate the principles of fairness to fail to during the 2008 and 2010 reporting cycles. recognize that the officers affected by this situation did On October 27, 2011, at its regularly scheduled business successfully complete the requirement simply because their agenda meeting held in Ponte Vedra, Florida, the Commission instructors had not completed CJSTC firearms instructor found that the Petitioner’s situation is unique. The Petitioner certification prior to supervising the firearm requalifications. demonstrated that the strict application of the Commission’s On October 27, 2011, at its regularly scheduled business rules in this case would violate the principles of fairness. The agenda meeting held in Ponte Vedra, Florida, the Commission officers involved did complete the requirement of subsection found that the Petitioner’s situation is unique. The Petitioner 11B-27.00212(14), F.A.C. The only deficiency in these demonstrated that the strict application of the Commission's officers’ requalification was that their firearms instructors were rules in this case would violate the principles of fairness. The not CJSTC-certified firearms instructors. Petitioner’s officers had, in fact, completed the Commission’s The Commission found that the purposes of the underlying course of fire and achieved passing scores. The only deficiency statute, to ensure that officers receive adequate and timely in the officers’ firearms requalification was that the firearms retraining, will be met by granting this waiver request. The instructors who conducted the mandatory firearms Commission granted the Petitioner’s waiver.
3798 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
A copy of the Order or additional information may be obtained receive adequate and timely retraining, will be met by granting by contacting: Grace A. Jaye, Assistant General Counsel, this waiver request. The Commission granted the Petitioner’s Florida Department of Law Enforcement, P. O. Box 1489, waiver. Tallahassee, FL 32327 or by telephoning (850)410-7676. A copy of the Order or additional information may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, The Criminal Justice Standards and Training Commission Florida Department of Law Enforcement, P. O. Box 1489, hereby gives notice that on October 27, 2011, the Criminal Tallahassee, FL 32327 or by telephoning (850)410-7676. Justice Standards and Training Commission has issued an order. The Criminal Justice Standards and Training DEPARTMENT OF TRANSPORTATION Commission received a petition on September 9, 2011, for a permanent waiver of subsection 11B-27.00212(14), F.A.C., The Department of Transportation hereby gives notice that on from Winter Garden Police Department on behalf of 9 officers October 19, 2011, the Department of Transportation entered an for the 2008 and one officer also for the 2010 reporting cycle. Order Granting Petition for Waiver. On July 27, 2011, the City Notice of the petition was published in the Florida of Umatilla filed a petition seeking a permanent waiver of the Administrative Weekly Vol. 37, No. 39, on September 30, set-back requirements for overhanging encroachments along a 2011. Subsection 11B-27.00212(14), F.A.C., requires officers state highway under Rule 14-43.001, F.A.C. Notice of the to requalify with a firearm under the supervision of a Petition for Waiver was published in the August 19, 2011, CJSTC-certified firearms instructor every two years on a edition of the Florida Administrative Weekly. The Petitioner course of fire mandated by Commission rule. has demonstrated the purpose of the statutes underlying Rule 14-43.001, F.A.C., can be achieved through other means due to The petition supported the requested waiver by stating that the the additional set-back offered by the traffic berm located in 9 officers did successfully complete the course of fire for the front to the encroachments. 2008 reporting cycle, however, the firearms instructors who supervised the requalification shoots were not CJSTC certified Petitioner’s request for permanent waiver is granted. at the time. Petitioner additionally requests that the A copy of the Order or additional information may be obtained requalification of one officer for the 2010 reporting cycle be by contacting: Deanna R. Hurt, Assistant General Counsel and viewed as in compliance because the officer is a Clerk of Agency Proceedings, Florida Department of CJSTC-certified firearms instructor and signed his own CJSTC Transportation, Office of the General Counsel, 605 Suwannee 86A form after successfully completing the mandatory Street, MS #58, Tallahassee, Florida 32399-0458, email: firearms retraining course of fire. Petitioner stated that the [email protected]. agency’s officers would suffer a substantial hardship if their certifications are rendered inactive as a result of this situation. DEPARTMENT OF MANAGEMENT SERVICES Petitioner further states that it would violate the principles of NOTICE IS HEREBY GIVEN that on October 14, 2011, the fairness to fail to recognize that the officers affected by this E911 Board, received a petition for Leon County Florida c/o situation did successfully complete the requirement simply Richard Smith, Director of Emergency Management, seeking a because their instructors had not completed CJSTC firearms variance or waiver of subparagraph 60FF1-5.003(3)(b)6., instructor certification prior to supervising the firearm Florida Administrative Code, providing the right to incur costs requalifications or because a CJSTC-certified firearms expires two years from receipt of award and funds. instructor signed his own CJSTC 86A form for completing the A copy of the Petition for Variance or Waiver may be obtained course of fire for the 2010 reporting cycle. by contacting: Ryan Butler, E911 Board, 4030 Esplanade Way, On October 27, 2011, at its regularly scheduled business Suite 160Q, Tallahassee, Florida 32399-0950. agenda meeting held in Ponte Vedra, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner DEPARTMENT OF BUSINESS AND PROFESSIONAL demonstrated that the strict application of the Commission’s REGULATION rules in this case would violate the principles of fairness. The Petitioner’s officers had, in fact, completed the Commission’s The Department of Business and Professional Regulation, course of fire and achieved passing scores. The only deficiency Division of Hotels and Restaurants, Bureau of Elevator Safety in the officers’ firearms requalification was that the firearms hereby gives notice on October 27, 2011, the Department instructors who conducted the mandatory firearms issued a Final Order that was in response to a Petition for requalifications for Petitioner’s officer had not complied with Variance from Colony Hotel, filed September 1, 2011, and all administrative aspects of becoming CJSTC certified advertised in Vol. 37, No. 37 of the Florida Administrative firearms instructors on the dates that they supervised the Weekly. No comments were received in response to the requalification shoots. The Commission found that the petition. The Final Order on the Petition for Variance denies purposes of the underlying statute, to ensure that officers the Petitioner a variance from Rule 2.7.4, 3.10.4(e), (h) and (u),
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3799 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
3.3.2, 3.11.1, 3.10.3, ASME A17.3, 1996 edition, as adopted A copy of the Order may be obtained by contacting: Mark by Chapter 30, Section 3001.2, Florida Building Code, adopted Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, by paragraph 61C-5.001(1)(a), Florida Administrative Code, Tallahassee, Florida 32399-1013. that requires restricted door openings, top-car stop switch, final terminal stopping devices, emergency stop switch, platform The Department of Business and Professional Regulation, guards, car emergency signaling device and top-of-car Division of Hotels and Restaurants, Bureau of Elevator Safety operating devices because the features required under the new hereby gives notice on October 27, 2011 the Division issued an rules will not be installed within a reasonable time period and order. The Final Order was in response to a Petition for an no means of meeting the code have been put forth (VW emergency Variance from Australian Condo, filed August 29, 2011-293). 2011, and advertised in Vol. 37, No. 36, of the Florida A copy of the Order may be obtained by contacting: Mark Administrative Weekly. No comments were received in Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, response to the petition. The Final Order on the Petition for Tallahassee, Florida 32399-1013, (850)488-1133. Variance grants the Petitioner a variance from Rule 3.4.4(a) ASME A17.3, 1996 edition, as adopted by Chapter 30, Section The Department of Business and Professional Regulation, 3001.2, Florida Building Code, adopted by paragraph Division of Hotels and Restaurants, Bureau of Elevator Safety 61C-5.001(1)(a), Florida Administrative Code, that requires hereby gives notice on October 27, 2011, the Division issued car top emergency exits because the Petitioner has an order. The Final Order was in response to a Petition for an demonstrated that the purpose of the statute underlying the rule emergency Variance from FSU Wellness Center, filed October will be met and that Petitioner would suffer a substantial 3, 2011, and advertised in Vol. 37, No. 41, of the Florida hardship if required to comply with this rule (VW 2011-288). Administrative Weekly. No comments were received in A copy of the Order may be obtained by contacting: Mark response to the petition. The Final Order on the Petition for Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Variance grants the Petitioner a variance from Rule 2.20.4 Tallahassee, Florida 32399-1013. ASME A17.1, 2005 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph The Department of Business and Professional Regulation, 61C-5.001(1)(a), Florida Administrative Code, that requires Division of Hotels and Restaurants, Bureau of Elevator Safety the use of a 9.5 mm steel rope because the Petitioner has hereby gives notice on October 27, 2011, the Division issued demonstrated that the purpose of the statute underlying the rule an order. The Final Order was in response to a Petition for an will be met and that Petitioner would suffer a substantial emergency Variance from Suntrust Tower at Rialto Place, filed hardship if required to comply with this rule (VW 2011-331). September 9, 2011, and advertised in Vol. 37, No. 38, of the A copy of the Order may be obtained by contacting: Mark Florida Administrative Weekly. No comments were received in Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, response to the petition. The Final Order on the Petition for Tallahassee, Florida 32399-1013. Variance grants the Petitioner a variance from Rule 3.11.3 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section The Department of Business and Professional Regulation, 3001.2, Florida Building Code, adopted by paragraph Division of Hotels and Restaurants, Bureau of Elevator Safety 61C-5.001(1)(a), Florida Administrative Code, that requires hereby gives notice on October 27, 2011, the Division issued upgrading the elevators for firefighters’ emergency operations an order. The Final Order was in response to a Petition for an until December 1, 2015, because the Petitioner has emergency Variance from Betty Drew Apartments, filed demonstrated that the purpose of the statute underlying the rule September 9, 2011, and advertised in Vol. 37, No. 38, of the will be met and that Petitioner would suffer a substantial Florida Administrative Weekly. No comments were received in hardship if required to comply with this rule (VW 2011-311). response to the petition. The Final Order on the Petition for A copy of the Order may be obtained by contacting: Mark Variance grants the Petitioner a variance from Rule 2.2.2 Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, ASME A17.3, 1996 edition, as adopted by Chapter 30, Section Tallahassee, Florida 32399-1013. 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, that requires a The Department of Business and Professional Regulation, permanent means of access to the machine room because the Division of Hotels and Restaurants, Bureau of Elevator Safety Petitioner has demonstrated that the purpose of the statute hereby gives notice on October 27, 2011, the Division issued underlying the rule will be met and that Petitioner would suffer an order. The Final Order was in response to a Petition for an a substantial hardship if required to comply with this rule (VW emergency Variance from Land End at Sunset Beach 2, filed 2011-308). October 6, 2011, and advertised in Vol. 37, No. 42, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for
3800 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Variance grants the Petitioner a variance from Rule 303.3d A copy of the Order may be obtained by contacting: Mark ASME A17.1, 1981 edition, as adopted by Chapter 30, Section Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, 3001.2, Florida Building Code, adopted by paragraph Tallahassee, Florida 32399-1013. 61C-5.001(1)(a), Florida Administrative Code, that requires a shut off valve in the machine room because the Petitioner has The Department of Business and Professional Regulation, demonstrated that the purpose of the statute underlying the rule Division of Hotels and Restaurants, Bureau of Elevator Safety will be met and that Petitioner would suffer a substantial hereby gives notice on October 24, 2011, the Division issued hardship if required to comply with this rule (VW 2011-339). an order. The Final Order was in response to a Petition for A copy of the Order may be obtained by contacting: Mark emergency Variance from P.B. Professional Building Condo, Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, filed September 26, 2011, and advertised in Vol. 37, No. 40, of Tallahassee, Florida 32399-1013. the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the The Department of Business and Professional Regulation, Petition for Variance grants the Petitioner a variance from Rule Division of Hotels and Restaurants, Bureau of Elevator Safety 303.3d ASME A17.1, 1981 edition, as adopted by Chapter 30, hereby gives notice on October 27, 2011, the Division issued Section 3001.2, Florida Building Code, adopted by paragraph an order. The Final Order was in response to a Petition for an 61C-5.001(1)(a), Florida Administrative Code, that requires a emergency Variance from Land End at Sunset Beach 2, filed shut-off valve in the machine room because the Petitioner has October 6, 2011, and advertised in Vol. 37, No. 42, of the demonstrated that the purpose of the statute underlying the rule Florida Administrative Weekly. No comments were received in will be met and that Petitioner would suffer a substantial response to the petition. The Final Order on the Petition for hardship if required to comply with this rule (VW 2011-326). Variance grants the Petitioner a variance from Rule 303.3d A copy of the Order may be obtained by contacting: Mark ASME A17.1, 1981 edition, as adopted by Chapter 30, Section Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, 3001.2, Florida Building Code, adopted by paragraph Tallahassee, Florida 32399-1013. 61C-5.001(1)(a), Florida Administrative Code, that requires a shut off valve in the machine room because the Petitioner has The Department of Business and Professional Regulation, demonstrated that the purpose of the statute underlying the rule Division of Hotels and Restaurants, Bureau of Elevator Safety will be met and that Petitioner would suffer a substantial hereby gives notice on October 24, 2011, the Division issued hardship if required to comply with this rule (VW 2011-338). an order. The Final Order was in response to a Petition for A copy of the Order may be obtained by contacting: Mark emergency Variance from Diamond, Truth & Cropper Halls, Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, filed September 23, 2011, and advertised in Vol. 37, No. 40, of Tallahassee, Florida 32399-1013. the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the The Department of Business and Professional Regulation, Petition for Variance grants the Petitioner a variance from Rule Division of Hotels and Restaurants, Bureau of Elevator Safety 3.19.4.1 ASME A17.1, 2005 edition, as adopted by Chapter hereby gives notice on October 27, 2011, the Division issued 30, Section 3001.2, Florida Building Code, adopted by an order. The Final Order was in response to a Petition for a paragraph 61C-5.001(1)(a), Florida Administrative Code, that Variance from Bellair Condos, filed August 31, 2011, and requires a temporary emergency shut-off valve until January advertised in Vol. 37, No. 37, of the Florida Administrative 31, 2012, because the Petitioner has demonstrated that the Weekly. No comments were received in response to the purpose of the statute underlying the rule will be met and that petition. The Final Order on the Petition for Variance grants the Petitioner would suffer a substantial hardship if required to Petitioner a variance from Rule 3.11.3 ASME A17.3, 1996 comply with this rule (VW 2011-323). edition, as adopted by Chapter 30, Section 3001.2, Florida A copy of the Order may be obtained by contacting: Mark Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Administrative Code, that requires upgrading the elevators for Tallahassee, Florida 32399-1013. firefighters’ emergency operations until September 1, 2013, because the Petitioner has demonstrated that the purpose of the The Department of Business and Professional Regulation, statute underlying the rule will be met and that Petitioner Division of Hotels and Restaurants, Bureau of Elevator Safety would suffer a substantial hardship if required to comply with hereby gives notice on October 25, 2011, the Department this rule (VW 2011-292). issued a Final Order that was in response to a Petition for Variance from Church of Scientology, filed September 26, 2011, and advertised in Vol. 37, No. 40 of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3801 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Variance denies the Petitioner a variance from Rule 3.3.2, statute underlying the rule will be met and that Petitioner 3.10.4(u), 2.1.3(b), 2.1.5, 3.4.3(a)(3) and 3.4.5(d), ASME would suffer a substantial hardship if required to comply with A17.3, 1996 edition and from Rule 303.2c, ASME A17.1, this rule (VW 2011-329). 1996 edition, as adopted by Chapter 30, Section 3001.2, A copy of the Order may be obtained by contacting: Mark Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Florida Administrative Code, that requires platform guards, Tallahassee, Florida 32399-1013. emergency stop switch, fascia under the hoistway sill to extend no less than the depth of the leveling zone plus 3 inches, The Department of Business and Professional Regulation, counterweight guard in the pit, the maximum distance between Division of Hotels and Restaurants, Bureau of Elevator Safety hoistway and car doors as 5.5 inches, emergency lighting and hereby gives notice on October 27, 2011 the Division issued an support of the hydraulic line because the Petitioner has not order. The Final Order was in response to a Petition for demonstrated substantial hardship would be suffered if emergency Variance from FSU Wildwood Hall, filed required to comply with this rule (VW 2011-328). September 30, 2011, and advertised in Vol. 37, No. 41, of the A copy of the Order may be obtained by contacting: Mark Florida Administrative Weekly. No comments were received in Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, response to the petition. The Final Order on the Petition for Tallahassee, Florida 32399-1013, (850)488-1133. Variance grants the Petitioner a variance from Rule 2.20.4 ASME A17.1, 2005 edition, as adopted by Chapter 30, Section The Department of Business and Professional Regulation, 3001.2, Florida Building Code, adopted by paragraph Division of Hotels and Restaurants, Bureau of Elevator Safety 61C-5.001(1)(a), Florida Administrative Code, that requires hereby gives notice on October 24, 2011, the Department 9.5 mm ropes because the Petitioner has demonstrated that the issued a Final Order that was in response to a Petition for purpose of the statute underlying the rule will be met and that Variance from Church of Scientology – Sandcastle, filed Petitioner would suffer a substantial hardship if required to September 27, 2011, and advertised in Vol. 37, No. 40 of the comply with this rule (VW 2011-330). Florida Administrative Weekly. No comments were received in A copy of the Order may be obtained by contacting: Mark response to the petition. The Final Order on the Petition for Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Variance denies the Petitioner a variance from Rule 3.11.3, Tallahassee, Florida 32399-1013. ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph NOTICE IS HEREBY GIVEN that on October 27, 2011, the 61C-5.001(1)(a), Florida Administrative Code, that requires Department of Business and Professional Regulation, Division upgrading the elevators for firefighters’ emergency operations of Hotels and Restaurants, Bureau of Elevator Safety, received because the distance of travel was verified by a state inspector a petition for 723 Whiskey Bravo Building. Petitioner seeks a as greater than 25 feet, thus making the Petitioner’s reasoning variance of the requirements of ASME A17.1, Section 2.18.5.1 for seeking a variance invalid (VW 2011-327). and 2.20.1, as adopted by Chapter 30, Section 3001.2 Florida A copy of the Order may be obtained by contacting: Mark Building Code adopted by paragraph 61C-5.001(1)(a), Florida Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Administrative Code, that requires that suspension be provided Tallahassee, Florida 32399-1013, (850)488-1133. by steel wire ropes and that governor ropes be no less than 9.5mm which poses a significant economic/financial hardship. The Department of Business and Professional Regulation, Any interested person may file comments within 14 days of the Division of Hotels and Restaurants, Bureau of Elevator Safety publication of this notice with: Mark Boutin, Bureau of hereby gives notice on October 27, 2011 the Division issued an Elevator Safety, 1940 North Monroe Street, Tallahassee, order. The Final Order was in response to a Petition for Florida 32399-1013 (VW 2011-362). emergency Variance from 250 Royal Palm Way, filed A copy of the Petition for Variance or Waiver may be obtained September 28, 2011, and advertised in Vol. 37, No. 41, of the by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 Florida Administrative Weekly. No comments were received in North Monroe Street, Tallahassee, Florida 32399-1013. response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.11.3 NOTICE IS HEREBY GIVEN that on October 24, 2011, the ASME A17.3, 1996 edition, as adopted by Chapter 30, Section Department of Business and Professional Regulation, Division 3001.2, Florida Building Code, adopted by paragraph of Hotels and Restaurants, Bureau of Elevator Safety, received 61C-5.001(1)(a), Florida Administrative Code, that requires a petition for Clarion Resort & Waterpark. Petitioner seeks a upgrading the elevators for firefighters’ emergency operations variance of the requirements of an unspecified Section of because the Petitioner has demonstrated that the purpose of the A17.3, as adopted by Chapter 30, Section 3001.2, Florida Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Administrative Code, which poses a significant economic/
3802 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 financial hardship. Any interested person may file comments The Division of Hotels and Restaurants will accept comments within 14 days of the publication of this notice with: Mark concerning the Petition for 5 days from the date of publication Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, of this notice. To be considered, comments must be received on Tallahassee, Florida 32399-1013 (VW 2011-363). or before 5:00 p.m. A copy of the Petition for Variance or Waiver may be obtained A copy of the Petition for Variance or Waiver may be obtained by contacting: Mark Boutin, Bureau of Elevator Safety, 1940 by contacting: [email protected], Division of North Monroe Street, Tallahassee, Florida 32399-1013. Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011. NOTICE IS HEREBY GIVEN that on October 28, 2011, the Department of Business and Professional Regulation, Division The Division of Pari-Mutuel Wagering, Department of of Hotels and Restaurants, Bureau of Elevator Safety, received Business and Professional Regulation, hereby gives notice on a petition for News Press Publishing Co. Petitioner seeks a October 31, 2011, it issued a final order on a petition for variance of the requirements of ASME A17.3, Section 3.9.1 variance from Petitioner Hartman & Tyner, Inc., d/b/a Mardi and 3.3.2, as adopted by Chapter 30, Section 3001.2, Florida Gras Racetrack & Gaming Center (Mardi Gras), filed June 13, Building Code, adopted by paragraph 61C-5.001(1)(a), Florida 2011, and advertised in Vol. 37, No. 26, of the Florida Administrative Code, that requires normal terminal stopping Administrative Weekly – DBPR Case No. 2011030307 (VW devices and platform guards which poses a significant 2011-203). economic/financial hardship. Any interested person may file The final order denies, as moot, Petitioner’s request for a comments within 14 days of the publication of this notice with: variance from Rule 61D-14.073, Florida Administrative Code Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe (F.A.C.), as it existed prior to amendment on August 14, 2011, Street, Tallahassee, Florida 32399-1013 (VW 2011-368). subsection (1) of which required Petitioner monthly to A copy of the Petition may be obtained by contacting: Mark manually read all slot machine meters referenced in Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, subsections 61D-14.042(1), (2), F.A.C., and reconcile those Tallahassee, Florida 32399-1013. readings with the information in its facility based monitoring system (FBMS). The amendment to Rule 61D-14.073, F.A.C., NOTICE IS HEREBY GIVEN that on October 28, 2011, the effective August 14, now permits Petitioner and all Florida Department of Business and Professional Regulation, Division licensed slot machine facilities to record just 25% of their slot of Hotels and Restaurants, Bureau of Elevator Safety, received machine meters each quarter and reconcile them with a petition for News Press Publishing Co. Petitioner seeks a information in the FBMS. As this is the relief Petitioner variance of the requirements of ASME A17.3, Section 3.3.2, as requested in its petition for variance, Petitioner’s request is adopted by Chapter 30, Section 3001.2, Florida Building Code, moot and, accordingly, denied. adopted by paragraph 61C-5.001(1)(a), Florida Administrative A copy of the Order or additional information may be obtained Code, that requires platform guards which poses a significant by contacting: Agency Clerk, Department of Business and economic/financial hardship. Any interested person may file Professional Regulation, 1940 North Monroe Street, comments within 14 days of the publication of this notice with: Tallahassee, Florida 32399-2202, (850)921-0342. Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW 2011-367). NOTICE IS HEREBY GIVEN that on October 26, 2011, the A copy of the Petition may be obtained by contacting: Mark Board of Accountancy, received a petition for Carson J. Moss, Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, seeking a variance or waiver of subsection 61H1-38.004(2), Tallahassee, Florida 32399-1013. F.A.C., which requires that applicants must be enrolled as full-time students in a fifth year accounting program as defined NOTICE IS HEREBY GIVEN that on October 27, 2011, the in Section 473.306(2), F.S., at an approved institution as The Florida Department of Business and Professional defined in Rule 61H1-27.001, F.A.C., and declared a major in Regulation, Division of Hotels and Restaurants, received a accounting in order to be eligible to receive an award from the petition for an Emergency Variance for Paragraph CPA Education Minority Assistance Program. 4-301.12(A), 2001 FDA Food Code and subsection A copy of the Petition for Variance or Waiver may be obtained 61C-4.010(5), Florida Administrative Code, from Lauderdale by contacting: Veloria Kelly, Division Director, Board of Tennis Club located in Ft. Lauderdale, FL. The above Accountancy, 240 N.W. 76th Dr., Suite A, Gainesville, Florida referenced F.A.C. addresses the requirement that dishwashing 32607. Comments on this petition should be filed with the facilities for manually washing, rinsing and sanitizing Board of Accountancy within 14 days of publication of this equipment and utensils are provided. They are requesting to notice. utilize dishwashing facilities located within another licensed establishment under the same ownership.
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 3803 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DEPARTMENT OF HEALTH A copy of the Petition for Variance or Waiver may be obtained by contacting: Joy A. Tootle, Executive Director, Board of The Board of Clinical Social Work, Marriage and Family Medicine, at the above address or telephone (850)245-4131. Therapy and Mental Health Counseling hereby gives notice of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on September 7, 2011, by Valerie NOTICE IS HEREBY GIVEN that on October 20, 2011, the Hoelscher Garoutte. The Notice of Petition for Waiver or Board of Medicine, received a petition for waiver or variance Variance was published in Vol. 37, No. 38, of the September filed by Frantz Saint Vil, M.D., from Rule 64B8-4.018, F.A.C., 23, 2011, Florida Administrative Weekly. The Petitioner was with regard to the requirement for two years of approved seeking a waiver or variance of paragraph 64B4-3.003(3)(c), post-graduate training. Comments on this petition should be F.A.C., entitled, “Examination for Licensure,” which requires filed with the: Board of Medicine, 4052 Bald Cypress Way, for Marriage and Family Therapists that the minimum passing Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of score is the recommended cut-off score provided by the publication of this notice. national vendor and established according to the Angoff A copy of the Petition for Variance or Waiver may be obtained procedure. The Board considered the instant Petition at a by contacting: Joy A. Tootle, Executive Director, Board of duly-noticed meeting, held October 13, 2011, in Tampa, Medicine, at the above address or telephone (850)245-4131. Florida. The Board’s Order, filed on October 26, 2011, denied the NOTICE IS HEREBY GIVEN that on October 12, 2011, the petition finding that Petitioner had failed to establish that the Board of Opticianry, received a petition for waiver or variance purpose of the underlying statute would be met by granting a filed by Johnny Miracola, from subsection 64B12-16.003(4), variance or waiver from paragraph 64B4-3.003(3)(c), F.A.C. F.A.C., with regard to an apprentice completing 6,240 hours of The Board further finds that Petitioner failed to establish that training within a five year limit after first registering with the applying the requirements of the aforementioned rule to her Department of Health. Comments on this petition should be circumstances would violate principles of fairness and impose filed with the: Board of Opticianry, 4052 Bald Cypress Way, substantial hardship. Bin #C08, Tallahassee, Florida 32399-3258, within 14 days of A copy of the Order or additional information may be obtained publication of this notice. by contacting: Sue Foster, Executive Director, Board of A copy of the Petition for Variance or Waiver may be obtained Clinical Social Work, Marriage and Family Therapy and by contacting: Sue Foster, Executive Director, at the above Mental Health Counseling, 4052 Bald Cypress Way, Bin #C08, address or telephone (850)245-4474. Tallahassee, Florida 32399-3258. NOTICE IS HEREBY GIVEN that on November 1, 2011, the NOTICE IS HEREBY GIVEN that on October 24, 2011, the Board of Osteopathic Medicine, received a petition for waiver Board of Medicine, received a petition for waiver or variance or variance filed on behalf of David J. Sassano, D.O., from filed on behalf of Edward K. Miller, M.D., from paragraph subparagraph 64B15-14.0051(2)(n)6., F.A.C., with regard to 64B8-13.0045(2)(b), F.A.C., with regard to the requirement for the time requirement for completion of the 40-hour CME taking and passing the SPEX examination for the purpose of requirements in the rule, or in the alternative, to grant reinstatement of a retired license. Comments on this petition Petitioner a permanent waiver of the requirement to have should be filed with the: Board of Medicine, 4052 Bald successfully completed an AOA approved residency in Family Cypress Way, Bin #C03, Tallahassee, Florida 32399-3053, Practice by accepting his AOA certification in Family Practice within 14 days of publication of this notice. in lieu of successful completion of the required residency A copy of the Petition for Variance or Waiver may be obtained program. Comments on this petition should be filed with: by contacting: Joy A. Tootle, Executive Director, Board of Board of Osteopathic Medicine, 4052 Bald Cypress Way, Bin Medicine, at the above address or telephone (850)245-4131. #C06, Tallahassee, Florida 32399-3056, within 14 days of publication of this notice. NOTICE IS HEREBY GIVEN that on October 25, 2011, the A copy of the Petition for Variance or Waiver may be obtained Board of Medicine, received a petition for permanent waiver by contacting: Anthony Jusevitch, Executive Director, Board filed by Sreenivas Vangara, M.D., from Rule 64B8-9.009, of Osteopathic Medicine, at the above address, or telephone F.A.C., with regard to the requirement for dantrolene on site (850)245-4161. for Level III office surgery. Comments on this petition should be filed with the: Board of Medicine, 4052 Bald Cypress Way, NOTICE IS HEREBY GIVEN that on October 17, 2011, the Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of Board of Psychology, received a petition for waiver or variance publication of this notice. filed by Donna K. Hippman-West, Psy.D., from Rule 64B19-11.0075, F.A.C., with regard to an extension of time in which to complete the EPPP licensing examination. Comments
3804 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 on this petition should be filed with the: Board of Psychology, A copy of the agenda may be obtained by contacting: Emily 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida Douglas at (850)245-6333 or via email: Emily.Douglas@dos. 32399-3055, within 14 days of publication of this notice. myflorida.com. A copy of the Petition for Variance or Waiver may be obtained Pursuant to the provisions of the Americans with Disabilities by contacting: Allen Hall, Executive Director, Board of Act, any person requiring special accommodations to Psychology, at the above address, or telephone (850)245-4373. participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by NOTICE IS HEREBY GIVEN that on October 31, 2011, the contacting: Emily Douglas at (850)245-6333. If you are Department of Health, received a petition for Emergency hearing or speech impaired, please contact the agency using the Variance or Waiver from subsection 64B23-7.003(1), F.A.C., Florida Relay Service, 1(800)955-8771 (TDD) or from Dr. Chulhaeng Huh. The Petition requests a Variance or 1(800)955-8770 (Voice). Waiver from the rule that specifies that a medical If any person decides to appeal any decision made by the physicist-in-training may renew the certificate every year, for a Board with respect to any matter considered at this meeting or period not to exceed eight years. Comments on this Petition hearing, he/she will need to ensure that a verbatim record of should be filed with: Bruce Deterding, Executive Director, the proceeding is made, which record includes the testimony 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida and evidence from which the appeal is to be issued. 32399-3257. For more information, you may contact: Emily Douglas at A copy of the Petition for Variance or Waiver may be obtained (850)245-6333. by contacting: Bruce Deterding, Executive Director, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257. The Bureau of Historic Preservation, Florida Historical Marker Council announces a telephone conference call to DEPARTMENT OF CHILDREN AND FAMILY which all persons are invited. SERVICES DATE AND TIME: November 29, 2011, 2:00 p.m. PLACE: R. A. Gray Building, 4th Floor, Room 417, 500 South NOTICE IS HEREBY GIVEN that on October 17, 2011, the Bronough Street, Tallahassee, FL 32399-0250 Department of Children and Families, received a petition for waiver of subsection 65C-15.017(3), Florida Administrative GENERAL SUBJECT MATTER TO BE CONSIDERED: To Code, from Erwin Famous, assigned Case No. 11-037W. review applications for the Florida Historical Marker Program. Subsection 65C-15.017(3), F.A.C., requires agency staff A copy of the agenda may be obtained by contacting: Michael responsible for case work services shall have a bachelor’s Zimny at (850)245-6333 or email: Michael.Zimny@dos. degree of social work or related area of study from an myflorida.com. accredited college or university. Pursuant to the provisions of the Americans with Disabilities A copy of the Petition for Variance or Waiver may be obtained Act, any person requiring special accommodations to by contacting: Agency Clerk, Department of Children and participate in this workshop/meeting is asked to advise the Families, 1317 Winewood Blvd., Bldg. 2, Room 204, agency at least 48 hours before the workshop/meeting by Tallahassee, FL 32399-0700. contacting: Michael Zimny at (850)245-6333 or email: [email protected]. If you are hearing or speech impaired, please contact the agency using the Florida Section VI Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Notices of Meetings, Workshops and Public (Voice). Hearings If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of DEPARTMENT OF STATE the proceeding is made, which record includes the testimony The Bureau of Historic Preservation, Florida Folklife and evidence from which the appeal is to be issued. Council announces a telephone conference call to which all For more information, you may contact: Michael Zimny at persons are invited. (850)245-6333 or email: [email protected]. DATE AND TIME: November 29, 2011, 10:00 a.m. PLACE: R. A. Gray Building, 4th Floor, 500 South Bronough DEPARTMENT OF LEGAL AFFAIRS Street, Tallahassee, FL 32399-0250 GENERAL SUBJECT MATTER TO BE CONSIDERED: To The Department of Legal Affairs, Council on the Social conduct general Council business and review the nominees for Status of Black Men and Boys announces a telephone the 2012 Heritage Awards. conference call to which all persons are invited.
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DATE AND TIME: December 1, 2011, 10:30 a.m. – 12:00 DATE AND TIME: December 2, 2011, 10:00 a.m. – 11:30 Noon a.m. PLACE: Conference Call: 1(888)808-6959, Conference Code: PLACE: Conference Call: 1(888)808-6959, Conference Code: 5591694127 1721332685 GENERAL SUBJECT MATTER TO BE CONSIDERED: The GENERAL SUBJECT MATTER TO BE CONSIDERED: Council shall make a systematic study of the conditions insuring effective and complete council representation and affecting black men and boys, including, but not limited to, assessing communication methods and identifying critical homicide rates, arrest and incarceration rate, poverty, violence, issues to inform the council in advance. drug abuse, death rates, disparate annual income levels, school A copy of the agenda may be obtained by contacting: Darcy performance in all grade levels including postsecondary levels, Poole, Division of Food Safety, 3125 Conner Building, Mail and health issues. Stop #C-18, Tallahassee, Florida 32399-1650, (850)245-5595. A copy of the agenda may be obtained by contacting: visiting: Pursuant to the provisions of the Americans with Disabilities http://www.cssbmb.com. 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 48 hours before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: Darcy Poole, Administrative Assistant II, Division agency at least 48 hours before the workshop/meeting by of Food Safety at (850)245-5595. If you are hearing or speech contacting: The Bureau of Criminal Justice Programs at impaired, please contact the agency using the Florida Relay (850)414-3300. If you are hearing or speech impaired, please Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). contact the agency using the Florida Relay Service, For more information, you may contact: Darcy Poole, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Administrative Assistant II, Division of Food Safety, 3125 For more information, you may contact: Bureau of Criminal Conner Building, Mail Stop #C-18, Tallahassee, Florida Justice Programs at (850)414-3300. 32399-1650, (850)245-5595.
DEPARTMENT OF AGRICULTURE AND CONSUMER DEPARTMENT OF EDUCATION SERVICES The Gulf Coast State College District, Board of Trustees The Florida Department of Agriculture and Consumer announces a public meeting to which all persons are invited. Services, Florida Forest Service announces a public meeting to DATE AND TIME: December 8, 2011, 10:00 a.m. which all persons are invited. PLACE: William C. Cramer Jr. Seminar Room (Room 306), DATE AND TIME: December 7, 2011, 9:30 a.m. SUW, Gulf Coast State College, Panama City, FL PLACE: Tallahassee Forestry Center, Administrative Office, GENERAL SUBJECT MATTER TO BE CONSIDERED: The 685 Geddie Road, Tallahassee, Florida 32304 Gulf Coast State College District Board of Trustees will hold GENERAL SUBJECT MATTER TO BE CONSIDERED: its monthly meeting as follows. Contact person for this General meeting of the Off-Highway Vehicle Recreation meeting is Dr. Jim Kerley, President. Advisory Committee. A copy of the agenda may be obtained by contacting: Dr. Steve A copy of the agenda may be obtained by contacting: Stefis Nettles, District Board of Trustees Liaison, Director of Demetropoulos, 3535 N.E. 39th Avenue, Gainesville, Florida Institutional Effectiveness, Gulf Coast State College. 32609, (352)955-2083 Pursuant to the provisions of the Americans with Disabilities DEPARTMENT OF COMMUNITY AFFAIRS Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the The Florida Building Commission, “The Commission” agency at least 5 days before the workshop/meeting by announces a public meeting to which all persons are invited. contacting: Stefis Demetropoulos, 3535 N.E. 39th Avenue, ACCESSIBILITY ADVISORY COUNCIL MEETING Gainesville, Florida 32609, (352)955-2083. If you are hearing DATE AND TIME: November 21, 20011, 2:00 p.m. – Until or speech impaired, please contact the agency using the Florida Completion Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 PLACE: Meeting to be conducted using Communications (Voice). Technology specifically, Webinar and Conference Call, Public Point of Access: Room 250L, 2555 Shumard Oak Boulevard, The Florida Food Safety and Food Defense Advisory Tallahassee, FL 32399 Council-Sub-Committee announces a public meeting to GENERAL SUBJECT MATTER TO BE CONSIDERED: which all persons are invited. Waiver Applications for the following projects:
3806 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Sherbrooke Apartments, Inc., 901 Collins Avenue, Miami Pursuant to the provisions of the Americans with Disabilities Beach, FL Act, any person requiring special accommodations to Boys and Girls Club of Palm Beach, 905 Drexel Road, West participate in this workshop/meeting is asked to advise the Palm Beach, FL agency at least 10 days before the workshop/meeting by Loews Miami Beach Hotel, 1601 Collins Avenue, Miami contacting: Ms. Barbara Bryant, Building Codes and Standards Beach, FL Office, Division of Housing and Community Development, The Coca Cola Company, 2501 West Orange Avenue, Apopka, Department of Business and Professional Regulation, 2555 FL Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Family Fun Concepts LLC, 5891 Lyons Road, Coconut Creek, (850)487-1824 or Fax: (850)414-8436. If you are hearing or FL speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Sanctuary 7 Pilates, 1700 S.W. 3rd Avenue, Miami, FL (Voice). Wave Hotel, 350 Ocean Drive, Miami Beach, FL If any person decides to appeal any decision made by the Alan Waserstein, 1221, 1225., 1225A Collins Avenue, Miami Board with respect to any matter considered at this meeting or Beach, FL hearing, he/she will need to ensure that a verbatim record of Barton G – The Restaurant, 1427 West Avenue, Miami Beach, the proceeding is made, which record includes the testimony FL and evidence from which the appeal is to be issued. A copy of the agenda may be obtained by contacting: Mary For more information, you may contact: Mr. Mo Madani, Kathryn Smith, Building Codes and Standards Office, 2555 Building Codes and Standards Office, Division of Housing and Shumard Oak Boulevard, Tallahassee, FL 32399 or call Community Development, Department of Business and (850)487-1824. Professional Regulation, 2555 Shumard Oak Boulevard, If any person decides to appeal any decision made by the Tallahassee, Florida 32399-2100, (850)487-1824 or Fax: Board with respect to any matter considered at this meeting or (850)414-8436, Website: www.floridabuilding.org. hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony The Division of Housing and Community Development, of and evidence from which the appeal is to be issued. the Department of Business and Professional Regulation, For more information, you may contact: Mary Kathryn Smith, The Florida Building Commission, “The Commission”, The Building Codes and Standards Office, 2555 Shumard Oak Energy Technical Advisory Committee (TAC) announces a Boulevard, Tallahassee, FL 32399 or call (850)487-1824. public meeting to which all persons are invited. DATE AND TIME: Tuesday, November 29, 2011, 10:00 a.m. – The Division of Codes and Standards, of the Department of Until Completion Business and Professional Regulation, The Florida Building PLACE: Meeting to be conducted using Teleconference Commission, “The Commission” announces a public meeting Technology, specifically Conference Call: 1(888)808-6959, to which all persons are invited. Code: 1045158897; Public Point of Access: Room 250L, 2555 The Plumbing Technical Advisory Committee concurrent with Shumard Oak Boulevard, Tallahassee, Florida the Swimming Pool Sub-Committee GENERAL SUBJECT MATTER TO BE CONSIDERED: DATE AND TIME: November 28, 2011, 10:00 a.m. – until Consider a brief overview of the concepts behind the DRAFT completion Technical Assistance Manual for energy code compliance PLACE: Meeting to be conducted using Communications software approval/disapproval criteria and review and provide Media Technology, specifically Conference Call: recommendations to the Commission on possible submittals 1(888)808-6959, Code: 2059360213; Public point of access: for approval of energy code compliance software for the 2010 Room 250L, 2555 Shumard Oak Boulevard, Tallahassee, Florida Building Code, Energy Conservation, effective March Florida 15, 2012. GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Ms. Ann Consideration and recommendation of Declaratory Statements Stanton, Building Codes and Standards Office, Division of and other business for the Commission. Housing and Community Development, Department of A copy of the agenda may be obtained by contacting: Ms. Business and Professional Regulation, 2555 Shumard Oak Marlita Peters, Building Codes and Standards Office, Division Boulevard, Tallahassee, Florida 32399-2100, (850)487-1824. of Housing and Community Development, Department of Pursuant to the provisions of the Americans with Disabilities Business and Professional Regulation, 2555 Shumard Oak Act, any person requiring special accommodations to Boulevard, Tallahassee, Florida 32399-2100, (850)487-1824. participate in this workshop/meeting is asked to advise the agency at least 10 days before the workshop/meeting by contacting: Ms. Barbara Bryant, Building Codes and Standards
Section VI - Notices of Meetings, Workshops and Public Hearings 3807 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Office, Division of Housing and Community Development, #2007, Lake City, Florida 32025-5874, (386)961-7873 or Department of Business and Professional Regulation, 2555 1(800)749-2967, ext. 7873. If you are hearing or speech Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, impaired, please contact the agency using the Florida Relay (850)487-1824 or Fax: (850)414-8436. If you are hearing or Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 The Florida Department of Transportation (FDOT), District (Voice). Five announces a public meeting to which all persons are If any person decides to appeal any decision made by the invited. Board with respect to any matter considered at this meeting or DATE AND TIME: Tuesday, December 13, 2011, 3:00 p.m. – hearing, he/she will need to ensure that a verbatim record of 7:00 p.m. the proceeding is made, which record includes the testimony PLACE: City of Flagler Beach City Hall, 105 S. 2nd Street, and evidence from which the appeal is to be issued. Flagler Beach, FL 32136 For more information, you may contact: Mr. Mo Madani, GENERAL SUBJECT MATTER TO BE CONSIDERED: Building Codes and Standards Office, Division of Housing and Financial Management No.: 427232-1-32-01 Community Development, Department of Business and Project Description: SR 100 Resurfacing from East of I-95 to Professional Regulation, 2555 Shumard Oak Boulevard, SR A1A, Flagler County Tallahassee, Florida 32399-2100, (850)487-1824 or Fax: The Florida Department of Transportation will conduct a (850)414-8436, Website: www.floridabuilding.org. public information meeting to provide details on the upcoming roadway construction project on SR 100 (Moody Boulevard) DEPARTMENT OF TRANSPORTATION from 420 feet east of Old Kings Road in Flagler County, The Florida Department of Transportation, District 2 Florida to SR A1A (Ocean Shore Boulevard) in Flagler Beach, announces a workshop to which all persons are invited. Florida. The improvements to be made as part of this project DATE AND TIME: December 8, 2011, 4:30 p.m. – 6:30 p.m. consist of removing old asphalt (milling) and repaving the roadway and shoulders, minor roadway widening to PLACE: 7th Day Adventist Conference Center, 1771 East accommodate a bicycle lane at the SR 100, Flagler Avenue Highway 20, Hawthorne, Florida 32640 intersection and bicycle lanes through right turn lanes at Old GENERAL SUBJECT MATTER TO BE CONSIDERED: Kings Road and Roberts Road. Other miscellaneous work This workshop is being held to afford interested persons the includes pedestrian curb ramp improvements, relocation of the opportunity to express their views concerning the location, westerly midblock pedestrian crossing in Flagler Beach and conceptual design and social, economic and environmental signing and pavement markings. This public information effects of Financial Project ID Numbers 210024-1 and meeting will be an open house format with no formal 207818-1, otherwise known as the SR 20 Project Development presentation. Project staff will be available to answer questions and Environment Study in Alachua and Putnam counties. The regarding the anticipated improvements, lanes closures and Department is conducting a Project Development and other project related information. Environment (PD&E) Study to determine the transportation A copy of the agenda may be obtained by contacting: There is needs and possible improvements for the segment of SR 20 no agenda but a flyer will be handed out at the meeting. from SR 200 (US301) in Hawthorne to CR 315 in Interlachen, roughly 12.2 miles in length. The PD&E Study will address the Pursuant to the provisions of the Americans with Disabilities feasibility of widening SR 20 to four through-lanes and Act, any person requiring special accommodations to providing bicycle and pedestrian enhancements. Public participate in this workshop/meeting is asked to advise the participation is solicited without regard to race, color, national agency at least 7 days before the workshop/meeting by origin, age, sex, religion, disability or family status. contacting: Ms. Ada Vargas, Public Information Coordinator at (407)401-8527 or email: [email protected]. A copy of the agenda may be obtained by contacting: Mr. Bill Henderson, District Planning and Environmental Manager, Persons who require translation services (free of charge) Florida Department of Transportation, District 2, 1109 South should contact: Ms. Angela Wilhelm at (386)943-5333, Marion Avenue, MS #2007, Lake City, Florida 32025-5874. [email protected]. Pursuant to the provisions of the Americans with Disabilities Public participation is solicited without regard to race, color, Act, any person requiring special accommodations to national origin, age, sex, disability or family status. If you are participate in this workshop/meeting is asked to advise the hearing or speech impaired, please contact the agency using the agency at least 7 days before the workshop/meeting by Florida Relay Service, 1(800)955-8771 (TDD) or contacting: Mr. Bill Henderson, District Planning and 1(800)955-8770 (Voice). Environmental Manager, Florida Department of Transportation, District 2, 1109 South Marion Avenue, MS
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If any person decides to appeal any decision made by the DOCKET NUMBER: 100330-WS Board with respect to any matter considered at this meeting or DATES AND TIME: Tuesday, November 29, 2011, 9:30 a.m.; hearing, he/she will need to ensure that a verbatim record of November 30, 2011; December 1, 7, 8, 2011, have also been the proceeding is made, which record includes the testimony reserved for continuation of the hearing if needed. The starting and evidence from which the appeal is to be issued. time of the next day’s session will be announced at the For more information, you may contact: Either Gene Varano, conclusion of the prior day. The hearing may be adjourned FDOT Project Manager at (386)943-5145 or e-mail: early if all testimony is concluded. [email protected] or Scott Perfater, PE, Burgess & PLACE: Room 148, Betty Easley Conference Center, 4075 Niple, Project Manager at (407)401-8527 or e-mail: Esplanade Way, Tallahassee, Florida [email protected]. GENERAL SUBJECT MATTER TO BE CONSIDERED: The Additional information on the project can be obtained at purpose of the technical hearing is to permit parties to present www.cflroads.com. testimony and exhibits relative to the application by Aqua Utilities Florida, Inc., and for such other purposes as the STATE BOARD OF ADMINISTRATION Commission may deem appropriate. All witnesses shall be subject to cross-examination at the conclusion of their The Florida Hurricane Catastrophe Fund Advisory testimony on the issues identified by the parties at the Council announces a telephone conference call to which all prehearing conference held on November 8, 2011. persons are invited. Emergency Cancellation of Customer Meeting: If a named DATE AND TIME: November 21, 2011, 3:00 p.m. (ET) – until storm or other disaster requires cancellation of the meeting, conclusion of meeting Commission staff will attempt to give timely direct notice to PLACE: Conference Call: 1(888)808-6959, enter Conference the parties. Notice of cancellation of the meeting will also be Code: 4765251363 provided on the Commission’s website (http://www.psc. GENERAL SUBJECT MATTER TO BE CONSIDERED: A state.fl.us/) under the Hot Topics link found on the home page. Notice of Proposed Rule for Rule 19-8.010, F.A.C., Cancellation can also be confirmed by calling the Office of the Reimbursement Contract, was published on October 28, 2011, General Counsel at (850)413-6199. providing the public with 21 days from that date to request a In accordance with the Americans with Disabilities Act: rule hearing. If a rule hearing is timely requested, the Advisory Persons needing a special accommodation to participate at this Council will meet by conference call on November 21, 2011, to proceeding should contact the Office of Commission Clerk no review comments made by the public at the rule hearing. In later than five days prior to the conference at 2540 Shumard addition, other general business of the Council may be Oak Boulevard, Tallahassee, Florida 32399-0850, via addressed. 1(800)955-8770 (Voice) or 1(800)955-8771 (TDD), Florida A copy of the agenda may be obtained by contacting: Tracy Relay Service. Allen, Florida Hurricane Catastrophe Fund, P. O. Drawer 13300, Tallahassee, FL 32317-3300, [email protected], EXECUTIVE OFFICE OF THE GOVERNOR (850)413-1341. Pursuant to the provisions of the Americans with Disabilities The Executive Office of the Governor, Gubernatorial Fellows Act, any person requiring special accommodations to Program announces a telephone conference call to which all participate in this workshop/meeting is asked to advise the persons are invited. agency at least 7 days before the workshop/meeting by DATE AND TIME: November 14, 2011, 3:00 p.m. contacting: Tracy Allen at the email or number listed above. If PLACE: Telephone Conference Call you are hearing or speech impaired, please contact the agency GENERAL SUBJECT MATTER TO BE CONSIDERED: using the Florida Relay Service, 1(800)955-8771 (TDD) or This is a meeting of the Gubernatorial Fellows Board of 1(800)955-8770 (Voice). Directors to discuss general business of the Board. A copy of the agenda may be obtained by contacting: PUBLIC SERVICE COMMISSION Executive Office of the Governor, Gubernatorial Fellows Program, Attn.: Lauren McKeague, 400 South Monroe Street, The Florida Public Service Commission announces a The Capitol, LL-08, Tallahassee, Florida 32399-0001 or by technical hearing in the following docket to which all persons calling (850)410-0230. are invited. Pursuant to the provisions of the Americans with Disabilities TITLE: Application for increase in water/wastewater rates in Act, any person requiring special accommodations to Alachua, Brevard, DeSoto, Hardee, Highlands, Lake, Lee, participate in this workshop/meeting is asked to advise the Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, agency at least 3 days before the workshop/meeting by Sumter, Volusia, and Washington Counties by Aqua Utilities contacting: Lauren McKeague, 400 South Monroe Street, The Florida, Inc.
Section VI - Notices of Meetings, Workshops and Public Hearings 3809 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Capitol, LL-08, Tallahassee, Florida 32399-0001 or by calling If any person decides to appeal any decision made by the (850)410-0230. If you are hearing or speech impaired, please Board with respect to any matter considered at this meeting or contact the agency using the Florida Relay Service, hearing, he/she will need to ensure that a verbatim record of 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). the proceeding is made, which record includes the testimony For more information, you may contact: Lauren McKeague, and evidence from which the appeal is to be issued. (850)410-0230 or [email protected]. The North Central Florida Regional Planning Council REGIONAL PLANNING COUNCILS announces a telephone conference call to which all persons are invited. The North Central Florida Regional Planning Council DATE AND TIME: November 22, 2011, 10:00 a.m. announces a public meeting to which all persons are invited. PLACE: North Central Florida Regional Planning Council, DATE AND TIME: November 21, 2011, 12:00 Noon 2009 N.W. 67th Place, Gainesville, Florida; Conference Call: PLACE: North Central Florida Regional Planning Council, 1(888)808-6959, and enter 0898681# Charles F. Justice Conference Room, 2009 N.W. 67th Place, GENERAL SUBJECT MATTER TO BE CONSIDERED: The Gainesville, Florida North Central Florida Local Emergency Planning Committee GENERAL SUBJECT MATTER TO BE CONSIDERED: To (District 3) is conducting a telephone conference call to conduct the regular business of the Clearinghouse Committee develop and approve comments to submit on the proposed rule of the North Central Florida Regional Planning Council. from the United States Department of Homeland Security on A copy of the agenda may be obtained by contacting: North the Ammonium Nitrate Security Program (Docket ID Central Florida Regional Planning Council, 2009 N.W. 67th 2008-0076), Federal Register Vol. 76, No. 149, August 3, Place, Gainesville, Florida 32653-1603. 2011. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Dwayne Act, any person requiring special accommodations to Mundy, Public Safety and Regulatory Compliance Program participate in this workshop/meeting is asked to advise the Director, North Central Florida Regional Planning Council, agency at least 2 business days before the workshop/meeting 2009 N.W. 67 Place, Gainesville, Florida 32653-1603. by contacting: (352)955-2200. If you are hearing or speech Pursuant to the provisions of the Americans with Disabilities impaired, please contact the agency using the Florida Relay Act, any person requiring special accommodations to Service, 1(800)955-8771 (TDD) or 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 2 business days before the workshop/meeting Board with respect to any matter considered at this meeting or by contacting: (352)955-2200. If you are hearing or speech hearing, he/she will need to ensure that a verbatim record of impaired, please contact the agency using the Florida Relay the proceeding is made, which record includes the testimony Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). and evidence from which the appeal is to be issued. If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or The North Central Florida Regional Planning Council 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: November 21, 2011, 1:00 p.m. and evidence from which the appeal is to be issued. PLACE: Suwannee River Economic Council, Meeting Room, 114 Southwest Community Circle, Mayo, Florida The North Central Florida Regional Planning Council GENERAL SUBJECT MATTER TO BE CONSIDERED: To announces a public meeting to which all persons are invited. conduct the regular business of the Lafayette County DATE AND TIME: November 30, 2011, 2:30 p.m. Transportation Disadvantaged Coordinating Board. PLACE: North Central Florida Regional Planning Council, A copy of the agenda may be obtained by contacting: North Charles F. Justice Conference Room, 2009 N.W. 67th Place, Central Florida Regional Planning Council, 2009 N.W. 67th Gainesville, FL 32653 Place, Gainesville, Florida 32653-1603. GENERAL SUBJECT MATTER TO BE CONSIDERED: To Pursuant to the provisions of the Americans with Disabilities conduct the regular business of the Comprehensive Economic Act, any person requiring special accommodations to Development Strategy Committee. participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: North agency at least 2 business days before the workshop/meeting Central Florida Regional Planning Council, 2009 N.W. 67th by contacting: (352)955-2200. If you are hearing or speech Place, Gainesville, FL 32653-1603. impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
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Pursuant to the provisions of the Americans with Disabilities by contacting: (352)955-2200. If you are hearing or speech Act, any person requiring special accommodations to impaired, please contact the agency using the Florida Relay participate in this workshop/meeting is asked to advise the Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). agency at least 2 business days before the workshop/meeting If any person decides to appeal any decision made by the by contacting: (352)955-2200. If you are hearing or speech Board with respect to any matter considered at this meeting or impaired, please contact the agency using the Florida Relay hearing, he/she will need to ensure that a verbatim record of Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). the proceeding is made, which record includes the testimony If any person decides to appeal any decision made by the and evidence from which the appeal is to be issued. Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of The North Central Florida Regional Planning Council the proceeding is made, which record includes the testimony announces a public meeting to which all persons are invited. and evidence from which the appeal is to be issued. DATE AND TIME: December 1, 2011, 7:30 p.m. PLACE: Holiday Inn Hotel and Suites, Suwannee Room, 213 The North Central Florida Regional Planning Council Southwest Commerce Boulevard, Lake City, Florida announces a public meeting to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: To DATE AND TIME: December 1, 2011, 6:00 p.m. conduct the regular business of the North Central Florida PLACE: Holiday Inn Hotel and Suites, Suwannee Room, 213 Regional Planning Council. Southwest Commerce Boulevard, Lake City, Florida A copy of the agenda may be obtained by contacting: North GENERAL SUBJECT MATTER TO BE CONSIDERED: To Central Florida Regional Planning Council, 2009 N.W. 67th conduct the regular business of the Clearinghouse Committee Place, Gainesville, Florida 32653-1603. of the North Central Florida Regional Planning Council. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: North Act, any person requiring special accommodations to Central Florida Regional Planning Council, 2009 N.W. 67th participate in this workshop/meeting is asked to advise the Place, Gainesville, Florida 32653-1603. agency at least 2 business days before the workshop/meeting Pursuant to the provisions of the Americans with Disabilities by contacting: (352)955-2200. If you are hearing or speech Act, any person requiring special accommodations to impaired, please contact the agency using the Florida Relay participate in this workshop/meeting is asked to advise the Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). agency at least 2 business days before the workshop/meeting If any person decides to appeal any decision made by the by contacting: (352)955-2200. If you are hearing or speech Board with respect to any matter considered at this meeting or impaired, please contact the agency using the Florida Relay hearing, he/she will need to ensure that a verbatim record of Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). the proceeding is made, which record includes the testimony If any person decides to appeal any decision made by the and evidence from which the appeal is to be issued. Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of The Putnam County Transportation Disadvantaged Local the proceeding is made, which record includes the testimony Coordinating Board announces a public meeting to which all and evidence from which the appeal is to be issued. persons are invited. DATE AND TIME: Monday, November 28, 2011, 10:00 a.m. The North Central Florida Regional Planning Council PLACE: Putnam County Governmental Complex, 2509 Crill announces a public meeting to which all persons are invited. Avenue, Palatka, FL 32177 DATE AND TIME: December 1, 2011, 6:00 p.m. GENERAL SUBJECT MATTER TO BE CONSIDERED: PLACE: Holiday Inn Hotel and Suites, Olustee Room, 213 Regular Quarterly Meeting. Southwest Commerce Boulevard, Lake City, Florida A copy of the agenda may be obtained by contacting: Ed GENERAL SUBJECT MATTER TO BE CONSIDERED: To Lehman, [email protected] or (904)279-0880. conduct the regular business of the Executive Committee of the Pursuant to the provisions of the Americans with Disabilities North Central Florida Regional Planning Council. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: North participate in this workshop/meeting is asked to advise the Central Florida Regional Planning Council, 2009 N.W. 67th agency at least 72 days before the workshop/meeting by Place, Gainesville, Florida 32653-1603. contacting: Bonnie Magee, (904)279-0880. If you are hearing Pursuant to the provisions of the Americans with Disabilities or speech impaired, please contact the agency using the Florida Act, any person requiring special accommodations to Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 participate in this workshop/meeting is asked to advise the (Voice). agency at least 2 business days before the workshop/meeting
Section VI - Notices of Meetings, Workshops and Public Hearings 3811 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
For more information, you may contact: Northeast Florida PLACE: Heartland Workforce Office, 5901 U.S. Hwy. 27 Regional Council, 6850 Belfort Oaks Place, Jacksonville, FL South, Suite 1, Sebring, FL 33870 32216 GENERAL SUBJECT MATTER TO BE CONSIDERED: A meeting of the Heartland 2060 Consortium Partners and the The Clay County Transportation Disadvantaged Local Affordable Housing Working Group. Coordinating Board announces a public meeting to which all A copy of the agenda may be obtained by contacting: Shannon persons are invited. Brett, Project Manager, (863)534-7130, ext. 132 or email: DATE AND TIME: Monday, November 28, 2011, 2:00 p.m. [email protected]. PLACE: Clay County Council on Aging, 604 Walnut Street, If any person decides to appeal any decision made by the Green Cove Springs, FL 32043 Board with respect to any matter considered at this meeting or GENERAL SUBJECT MATTER TO BE CONSIDERED: hearing, he/she will need to ensure that a verbatim record of Regular Quarterly Meeting. the proceeding is made, which record includes the testimony A copy of the agenda may be obtained by contacting: Ed and evidence from which the appeal is to be issued. Lehman, [email protected] or (904)279-0880. Pursuant to the provisions of the Americans with Disabilities The Southwest Florida Regional Planning Council/LEPC Act, any person requiring special accommodations to announces a public meeting to which all persons are invited. participate in this workshop/meeting is asked to advise the DATE AND TIME: December 2, 2011, 9:30 a.m. – 11:00 a.m. agency at least 72 days before the workshop/meeting by PLACE: Southwest Florida Regional Planning Council, 1926 contacting: Ed Lehman, [email protected] or Victoria Avenue, Fort Myers, Florida 33901 (904)279-0880. If you are hearing or speech impaired, please GENERAL SUBJECT MATTER TO BE CONSIDERED: The contact the agency using the Florida Relay Service, Region IX – Local Emergency Planning Committee (LEPC). 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). To discuss and implement provisions of the Emergency For more information, you may contact: The Northeast Florida Planning and Community Right-To-Know Act. Additionally, Regional Council, 6850 Belfort Oaks Place, Jacksonville, FL the Southwest Florida Regional Hazmat Teams Meeting will 32216. be held at the same location beginning at 11:00 a.m. A copy of the agenda may be obtained by contacting: Principal The St. Johns County Transportation Disadvantaged Local Planner, John Gibbons, Southwest Florida Regional Planning Coordinating Board announces a public meeting to which all Council at (239)338-2550, ext. 229 or email: jgibbons@ persons are invited. swfrpc.org. DATE AND TIME: Thursday, December 1, 2011, 2:00 p.m. Pursuant to the provisions of the Americans with Disabilities PLACE: River House Board Room, 179 Marine Street, St. Act, any person requiring special accommodations to Augustine, FL 32084 participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: agency at least 48 hours before the workshop/meeting by Regular Quarterly Meeting. contacting: Ms. Deborah Kooi at (239)338-2550, ext. 210 or A copy of the agenda may be obtained by contacting: Ed [email protected]. If you are hearing or speech impaired, Lehman, email: [email protected] or (904)279-0880. please contact the agency using the Florida Relay Service, 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 If any person decides to appeal any decision made by the participate in this workshop/meeting is asked to advise the Board with respect to any matter considered at this meeting or agency at least 72 days before the workshop/meeting by hearing, he/she will need to ensure that a verbatim record of contacting: Bonnie Magee, (904)279-0880. If you are hearing the proceeding is made, which record includes the testimony or speech impaired, please contact the agency using the Florida and evidence from which the appeal is to be issued. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 For more information, you may contact: Visit our website: (Voice). www.swfrpc.org. For more information, you may contact: Northeast Florida Regional Council, 6850 Belfort Oaks Place, Jacksonville, FL WATER MANAGEMENT DISTRICTS 32216. The South Florida Water Management District announces a public meeting to which all persons are invited. The Central Florida Regional Planning Council announces a DATE AND TIME: November 29, 2011, 10:00 a.m. public meeting to which all persons are invited. PLACE: South Florida Water Management District, DATE AND TIME: November 30, 2011, 9:30 a.m. Headquarters, 3301 Gun Club Road, West Palm Beach, FL 33406
3812 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
GENERAL SUBJECT MATTER TO BE CONSIDERED: Pursuant to the provisions of the Americans with Disabilities Quarterly meeting of the Everglades Technical Oversight Act, any person requiring special accommodations to Committee (TOC). participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: (1) The agency at least 5 days before the workshop/meeting by District Website (http://www.sfwmd.gov/toc) or (2) Kim contacting: Faye B. Miller, Bureau of Health Facility Chuirazzi, South Florida Water Management District, Mail Regulation, Florida Center, [email protected] Stop #7282, P. O. Box 24680, West Palm Beach, FL or (850)412-3735. If you are hearing or speech impaired, 33416-4680. please 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: Faye Miller, Bureau of participate in this workshop/meeting is asked to advise the Health Facility Regulation, Florida Center, email: Faye.Miller agency at least 7 days before the workshop/meeting by @ahca.myflorida.com or (850)412-3735. contacting: The District Clerk’s Office, (561)682-2087. If you are hearing or speech impaired, please contact the agency using DEPARTMENT OF MANAGEMENT SERVICES the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Department of Management Services announces a public meeting to which all persons are invited. If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or DATE AND TIME: November 17, 2011, 9:00 a.m. hearing, he/she will need to ensure that a verbatim record of PLACE: 4075 Esplanade Way, Conference Room 152, the proceeding is made, which record includes the testimony Tallahassee, Florida 32399-0950 and evidence from which the appeal is to be issued. GENERAL SUBJECT MATTER TO BE CONSIDERED: In For more information, you may contact: Dr. Garth Redfield, accordance with Section 120.525, Florida Statutes, a Water Quality Bureau, South Florida Water Management Pre-Response Vendor Conference is hereby noticed within the District, Mail Stop #7211, P. O. Box 24680, West Palm Beach, timeline for the Invitation to Negotiate (Number: FL 33416-4680, (561)682-6611. 10-268-000-E) for Pharmaceuticals. The Department reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. AGENCY FOR HEALTH CARE ADMINISTRATION Notice of any changes or additional meetings will be posted The Agency for Health Care Administration announces a within the Vendor Bid System (VBS) in accordance with public meeting to which all persons are invited. Section 287.042(3), Florida Statutes, and will not be DATE AND TIME: Monday, November 21, 2011, 10:00 a.m. – re-advertised in the Florida Administrative Weekly (FAW). 4:00 p.m. The VBS can be accessed at: http://vbs.dms.state.fl.us/ PLACE: Agency for Health Care Administration, 2727 Mahan vbs/main_menu. Drive, Building 3, Conference Room “A”, Tallahassee, FL A copy of the agenda may be obtained by contacting: Corina 32308. Any person interested in participating by telephone Chiorescu at (850)921-0030, email: corina.chiorescu@dms. may dial: 1(888) 808-6959, Participant Code: 8509223803. If myflorida.com. you have any difficulty accessing the teleconference, please Pursuant to the provisions of the Americans with Disabilities call: Florida Center’s Main Number at (850)412-3730. Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the This is a meeting of the Commission on Review of Taxpayer agency at least 48 hours before the workshop/meeting by Funded Hospital Districts. The commission was created by contacting: Corina Chiorescu at (850)921-0030, email: Governor’s Executive Order Number 11-63, to assess and [email protected]. If you are hearing or make recommendations on the role of hospital districts, speech impaired, please contact the agency using the Florida whether it is in the public’s best interest to have government Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 entities operating hospitals and what is the most effective (Voice). model for enhancing health-care access for the poor. For more information, you may contact: Corina Chiorescu at A copy of the agenda may be obtained by contacting: Faye (850)921-0030, [email protected]. Miller, Agency for Health Care Administration, 2727 Mahan Drive, Bldg. 3, Mail Stop #16, Tallahassee, FL 32308-5407. The Probable Cause Panel of the Construction Industry The agenda will also be posted at the Agency website: Licensing Board announces a public meeting to which all http://ahca.myflorida.com/mchq/FCTFH/fctfh.shtml seven (7) persons are invited. days prior to the meeting. DATE AND TIMES: November 29, 2011, 9:00 a.m. & 10:00 a.m. or soon thereafter
Section VI - Notices of Meetings, Workshops and Public Hearings 3813 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
PLACE: Department of Business and Professional Regulation, If any person decides to appeal any decision made by the Office of the General Counsel, 1940 N. Monroe Street, Suite Board with respect to any matter considered at this meeting or 42, Tallahassee, Florida 32399-2202 hearing, he/she will need to ensure that a verbatim record of GENERAL SUBJECT MATTER TO BE CONSIDERED: To the proceeding is made, which record includes the testimony review complaints in which a determination of the existence of and evidence from which the appeal is to be issued. probable cause has already been made. A copy of the agenda may be obtained by contacting: Paul The Florida Board of Professional Engineers, Nominating Richard Waters, Chief Construction Attorney, Department of Committee announces a telephone conference call to which all Business and Professional Regulation, Office of the General persons are invited. Counsel, 1940 N. Monroe Street, Suite 42, Tallahassee, Florida DATE AND TIME: November 23, 2011, 10:00 a.m. (EST) or 32399-2202, (850)488-0062. soon thereafter Pursuant to the provisions of the Americans with Disabilities PLACE: Conference Call: 1(888)392-4560, Passcode: Act, any person requiring special accommodations to 1188973; Florida Board of Professional Engineers, 2639 North participate in this workshop/meeting is asked to advise the Monroe St., Building B-112, Tallahassee, FL 32303 agency at least 7 days before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: contacting: Paul Richard Waters, Chief Construction Attorney, general business of the committee including nominations of Department of Business and Professional Regulation, Office of chair and vice chair for 2012. the General Counsel, 1940 N. Monroe Street, Suite 42, A copy of the agenda may be obtained by contacting: Rebecca Tallahassee, Florida 32399-2202, (850)488-0062. If you are Sammons, [email protected]. 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 48 hours before the workshop/meeting by Board with respect to any matter considered at this meeting or contacting: Rebecca Sammons, [email protected]. If you hearing, he/she will need to ensure that a verbatim record of are hearing or speech impaired, please contact the agency using the proceeding is made, which record includes the testimony the 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: Paul Richard Waters, If any person decides to appeal any decision made by the Chief Construction Attorney, Department of Business and Board with respect to any matter considered at this meeting or Professional Regulation, Office of the General Counsel, 1940 hearing, he/she will need to ensure that a verbatim record of N. Monroe Street, Suite 42, Tallahassee, Florida 32399-2202, the proceeding is made, which record includes the testimony (850)488-0062. and evidence from which the appeal is to be issued. For more information, you may contact: Rebecca Sammons, The Board of Pilot Commissioners announces a telephone [email protected]. conference call to which all persons are invited. DATE AND TIME: November 21, 2011, 10:00 a.m. The Florida Engineers Management Corporation PLACE: Conference Call: 1(888)808-6959, Conference Code: announces a public meeting to which all persons are invited. 4878197# DATE AND TIME: December 7, 2011, 9:00 a.m. or soon GENERAL SUBJECT MATTER TO BE CONSIDERED: thereafter Deputy Pilot Advancement Committee. PLACE: Florida Board of Professional Engineers, 2639 North A copy of the agenda may be obtained by contacting: Board of Monroe St., Building B-112, Tallahassee, Florida 32303; Pilot Commissioners, 1940 N. Monroe St., Tallahassee, FL Conference Call: 1(888)392-4560, Passcode: 1188973 32399-0773. GENERAL SUBJECT MATTER TO BE CONSIDERED: Pursuant to the provisions of the Americans with Disabilities general business of the corporation. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: Rebecca participate in this workshop/meeting is asked to advise the Sammons, [email protected]. agency at least 5 days before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: The Board Office. If you are hearing or speech Act, any person requiring special accommodations to impaired, please contact the agency using the Florida Relay participate in this workshop/meeting is asked to advise the Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). agency at least 48 hours before the workshop/meeting by contacting: Rebecca Sammons, [email protected]. If you
3814 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 are hearing or speech impaired, please contact the agency using The Florida Board of Acupuncture announces a public the Florida Relay Service, 1(800)955-8771 (TDD) or meeting to which all persons are invited. 1(800)955-8770 (Voice). DATE AND TIME: Friday, December 9, 2011, 9:00 a.m. If any person decides to appeal any decision made by the (EST) or shortly thereafter Board with respect to any matter considered at this meeting or PLACE: Holiday Inn & Suites, 2725 Graves Road, hearing, he/she will need to ensure that a verbatim record of Tallahassee, FL 32303, (850)536-2005 the proceeding is made, which record includes the testimony GENERAL SUBJECT MATTER TO BE CONSIDERED: To and evidence from which the appeal is to be issued. conduct general business of the Board. For more information, you may contact: Rebecca Sammons, A copy of the agenda may be obtained by contacting: Anthony [email protected]. Jusevitch, Executive Director, 4052 Bald Cypress Way, Bin #C-06, Tallahassee, Florida 32399-3256, (850)245-4161. The Florida Board of Professional Engineers announces a Pursuant to the provisions of the Americans with Disabilities public meeting to which all persons are invited. Act, any person requiring special accommodations to DATES AND TIMES: December 7, 2011, 1:00 p.m. or soon participate in this workshop/meeting is asked to advise the thereafter; December 8, 2011, 8:30 a.m. so soon thereafter agency at least 5 days before the workshop/meeting by PLACE: Monroe Street Conference Center, 2714 Graves Road, contacting: Paula Mask at (850)245-4161. If you are hearing or Tallahassee, FL 32303, (850)536-2003 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 General business of the board. (Voice). A copy of the agenda may be obtained by contacting: Rebecca If any person decides to appeal any decision made by the Sammons, [email protected]. 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 48 hours before the workshop/meeting by contacting: Rebecca Sammons, [email protected]. If you The Board of Medicine, Credentials Committee announces a are hearing or speech impaired, please contact the agency using public meeting to which all persons are invited. the Florida Relay Service, 1(800)955-8771 (TDD) or DATE AND TIME: Thursday, December 1, 2011, 8:00 a.m. 1(800)955-8770 (Voice). PLACE: Marriott Orlando Airport, 7499 Augusta National If any person decides to appeal any decision made by the Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 Board with respect to any matter considered at this meeting or GENERAL SUBJECT MATTER TO BE CONSIDERED: hearing, he/she will need to ensure that a verbatim record of General business of the committee. The Board of Medicine the proceeding is made, which record includes the testimony announces that certain Committee meetings will be held on the and evidence from which the appeal is to be issued. Thursday, before each Full Board meeting. Committee For more information, you may contact: Rebecca Sammons, meetings may be cancelled prior to the meeting date. Please [email protected]. check the Board Web Site at www.flhealthsource.com for cancellations or changes to meeting dates or call: Board of DEPARTMENT OF HEALTH Medicine at (850)245-4131 for information. A copy of the agenda may be obtained by contacting: Chandra The Florida Department of Health, Infant, Maternal, Prine at [email protected] or call (850)245-4135. Reproductive Health Unit announces a telephone conference Pursuant to the provisions of the Americans with Disabilities call to which all persons are invited. Act, any person requiring special accommodations to DATES AND TIME: November, 2011 – March, 2013. participate in this workshop/meeting is asked to advise the Information about specific meeting dates and times will be agency at least 10 hours before the workshop/meeting by available at http://www.doh.state.fl.us/family/mch/hs/hs.html contacting: Chandra Prine at [email protected] or PLACE: WebEx information and call in numbers will be call (850)245-4135. If you are hearing or speech impaired, available at http://www.doh.state.fl.us/family/mch/hs/hs.html please contact the agency using the Florida Relay Service, GENERAL SUBJECT MATTER TO BE CONSIDERED: 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Healthy Start Redesign Project. A copy of the agenda may be obtained by contacting: http://www.doh.state.fl.us/family/mch/hs/hs.html.
Section VI - Notices of Meetings, Workshops and Public Hearings 3815 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
If any person decides to appeal any decision made by the A copy of the agenda may be obtained by contacting: Whitney Board with respect to any matter considered at this meeting or Bowen at [email protected] or call: hearing, he/she will need to ensure that a verbatim record of (850)245-4131, ext. 3517. the proceeding is made, which record includes the testimony Pursuant to the provisions of the Americans with Disabilities and evidence from which the appeal is to be issued. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the The Board of Medicine, Electrology/Dietetics & Nutrition agency at least 10 days before the workshop/meeting by Committee announces a public meeting to which all persons contacting: Whitney Bowen at whitney_bowen@doh. are invited. state.fl.us or call: (850)245-4131, ext. 3517. If you are hearing DATE AND TIME: Thursday, December 1, 2011, immediately or speech impaired, please contact the agency using the Florida following the Credentials Committee Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 PLACE: Marriott Orlando Airport, 7499 Augusta National (Voice). Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 If any person decides to appeal any decision made by the GENERAL SUBJECT MATTER TO BE CONSIDERED: Board with respect to any matter considered at this meeting or General business of the committee. The Board of Medicine hearing, he/she will need to ensure that a verbatim record of announces that certain Committee meetings will be held on the the proceeding is made, which record includes the testimony Thursday, before each Full Board meeting. Committee and evidence from which the appeal is to be issued. meetings may be cancelled prior to the meeting date. Please check the Board Web Site at: www.flhealthsource.com for The Board of Medicine, Surgical Care/Quality Assurance cancellations or changes to meeting dates or call: Board of Committee announces a public meeting to which all persons Medicine at (850)245-4131 for information. are invited. A copy of the agenda may be obtained by contacting: Whitney DATE AND TIME: Thursday, December 1, 2011, immediately Bowen at [email protected] or call: following the Finance & Statistics Committee (850)245-4131, ext. 3517. PLACE: Marriott Orlando Airport, 7499 Augusta National Pursuant to the provisions of the Americans with Disabilities Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the General business of the board. The Board of Medicine agency at least 10 days before the workshop/meeting by announces that certain Committee meetings will be held on the contacting: Whitney Bowen at whitney_bowen@doh. Thursday, before each Full Board meeting. Committee state.fl.us or call: (850)245-4131, ext. 3517. If you are hearing meetings may be cancelled prior to the meeting date. Please or speech impaired, please contact the agency using the Florida check the Board Web Site at www.flhealthsource.com for Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 cancellations or changes to meeting dates or call the Board of (Voice). Medicine. If any person decides to appeal any decision made by the A copy of the agenda may be obtained by contacting: George Board with respect to any matter considered at this meeting or Johnson at email: [email protected] or call: hearing, he/she will need to ensure that a verbatim record of (850)245-4134. the proceeding is made, which record includes the testimony Pursuant to the provisions of the Americans with Disabilities and evidence from which the appeal is to be issued. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the The Board of Medicine, Expert Witness Committee agency at least 10 days before the workshop/meeting by announces a public meeting to which all persons are invited. contacting: George Johnson at [email protected] DATE AND TIME: Thursday, December 1, 2011, immediately or call: (850)245-4134. If you are hearing or speech impaired, following the Electrology/Dietetics & Nutrition Committee please contact the agency using the Florida Relay Service, PLACE: Marriott Orlando Airport, 7499 Augusta National 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 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 conduct the general business of the committee. The Board of hearing, he/she will need to ensure that a verbatim record of Medicine announces that certain Committee meetings will be the proceeding is made, which record includes the testimony held on the Thursday, before each Full Board meeting. and evidence from which the appeal is to be issued. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at: www.flhealth The Board of Medicine, Finance & Statistics Committee source.com for cancellations or changes to meeting dates or announces a public meeting to which all persons are invited. call the: Board of Medicine at (850)245-4131 for information.
3816 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DATE AND TIME: Thursday, December 1, 2011, immediately or speech impaired, please contact the agency using the Florida following the Probationers Committee Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 PLACE: Marriott Orlando Airport, 7499 Augusta National (Voice). Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 If any person decides to appeal any decision made by the GENERAL SUBJECT MATTER TO BE CONSIDERED: Board with respect to any matter considered at this meeting or General business of the committee. Committee meetings may hearing, he/she will need to ensure that a verbatim record of be cancelled prior to the meeting date. Please check the Board the proceeding is made, which record includes the testimony Web Site at www.flhealthsource.com for cancellations or and evidence from which the appeal is to be issued. changes to meeting dates or call the: Board of Medicine at (850)245-4131 for information. The Board of Medicine, Physician Assistants Council A copy of the agenda may be obtained by contacting: Whitney announces a public meeting to which all persons are invited. Bowen at [email protected] or call: DATE AND TIME: Thursday, December 1, 2011, 2:00 p.m. (850)245-4131, ext. 3517. PLACE: Marriott Orlando Airport, 7499 Augusta National Pursuant to the provisions of the Americans with Disabilities Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the General business of the committee. The Board of Medicine agency at least 10 days before the workshop/meeting by announces that certain Committee meetings will be held on the contacting: Whitney Bowen at whitney_bowen@doh. Thursday, before each Full Board meeting. Committee state.fl.us or call: (850)245-4131, ext. 3517. If you are hearing meetings may be cancelled prior to the meeting date. Please or speech impaired, please contact the agency using the Florida check the Board Web Site: www.flhealthsource.com for Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 cancellations or changes to meeting dates or call the: Board of (Voice). Medicine at (850)245-4131 for information. If any person decides to appeal any decision made by the A copy of the agenda may be obtained by contacting: Chandra Board with respect to any matter considered at this meeting or Prine at [email protected] or call: (850)245-4135. 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 agency at least 10 days before the workshop/meeting by The Board of Medicine, Rules/Legislative Committee contacting: Chandra Prine at [email protected] or announces a public meeting to which all persons are invited. call: (850)245-4135. If you are hearing or speech impaired, DATE AND TIME: Thursday, December 1, 2011, immediately please contact the agency using the Florida Relay Service, following the Surgical Care/Quality Assurance Committee 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). PLACE: Marriott Orlando Airport, 7499 Augusta National If any person decides to appeal any decision made by the Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 Board with respect to any matter considered at this meeting or GENERAL SUBJECT MATTER TO BE CONSIDERED: hearing, he/she will need to ensure that a verbatim record of General business of the board. The Board of Medicine the proceeding is made, which record includes the testimony announces that certain Committee meetings will be held on the and evidence from which the appeal is to be issued. Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please The Florida Board of Medicine announces a public meeting to check the Board Web Site at: www.flhealthsource.com for which all persons are invited. cancellations or changes to meeting dates or call the Board of DATES AND TIME: Friday & Saturday, December 2-3, 2011, Medicine. 8:00 a.m. A copy of the agenda may be obtained by contacting: Whitney PLACE: Marriott Orlando Airport, 7499 Augusta National Bowen at [email protected] or call: Drive, Orlando, FL 32822, Hotel phone #: (407)851-9000 (850)245-4131, ext. 3517. GENERAL SUBJECT MATTER TO BE CONSIDERED: Pursuant to the provisions of the Americans with Disabilities General business of the board. The Board of Medicine Act, any person requiring special accommodations to announces that certain Committee meetings will be held on the participate in this workshop/meeting is asked to advise the Thursday, before each Full Board meeting. Committee agency at least 10 days before the workshop/meeting by meetings may be cancelled prior to the meeting date. Please contacting: Whitney Bowen at whitney_bowen@doh. check the Board Web Site at: www.flhealthsource.com for state.fl.us or call: (850)245-4131, ext. 3517. If you are hearing cancellations or changes to meeting dates or call the: Board of Medicine at (850)245-4131 for information.
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A copy of the agenda may be obtained by contacting: Whitney A copy of the agenda may be obtained by contacting: Sherra Bowen at [email protected] or call: W. Causey, Board of Orthotists & Prosthetists, 4052 Bald (850)245-4131, ext. 3517. Cypress Way, Bin #C07, Tallahassee, Florida or access the web Pursuant to the provisions of the Americans with Disabilities site: www.doh.state.fl.us/mqa/orthPros/index.html. 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 10 days before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: Whitney Bowen at email: whitney_bowen@ agency at least 48 hours before the workshop/meeting by doh.state.fl.us or call: (850)245-4131, ext. 3517. If you are contacting: Sherra W. Causey. If you are hearing or speech hearing or speech impaired, please contact the agency using the impaired, please contact the agency using the Florida Relay Florida Relay Service, 1(800)955-8771 (TDD) or Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. and evidence from which the appeal is to be issued. The Florida Board of Speech-Language Pathology and The Florida Board of Nursing, Central Probable Cause Panel Audiology announces a public meeting to which all persons announces a telephone conference call to which all persons are are invited. invited. DATE AND TIME: Wednesday, December 7, 2011, 9:00 a.m. DATE AND TIME: November 24, 2011, 2:30 p.m. (EST) or shortly thereafter PLACE: Department of Health, Tallahassee at Meet Me PLACE: Holiday Inn & Suites, 2725 Graves Road, Number: 1(888)808-6959, Code: 0109310 Tallahassee, FL 32303, (850)536-2005 GENERAL SUBJECT MATTER TO BE CONSIDERED: For GENERAL SUBJECT MATTER TO BE CONSIDERED: cases previously heard by the panel. General business of the Board. A copy of the agenda may be obtained by contacting: Joe A copy of the agenda may be obtained by contacting: Anthony Baker Jr., Executive Director, 4052 Bald Cypress Way, Bin Jusevitch, Executive Director, Board of Speech-Language #C02, Tallahassee, FL 32399-3257. Pathology and Audiology, 4052 Bald Cypress Way, Bin #C06, Pursuant to the provisions of the Americans with Disabilities Tallahassee, Florida 32399-3256, (850)245-4161. 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 48 hours before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: The Board Office at (850)245-4125. If you are agency at least 5 days before the workshop/meeting by hearing or speech impaired, please contact the agency using the contacting: Christy Robinson, (850)245-4161. If you are Florida Relay Service, 1(800)955-8771 (TDD) or hearing or speech impaired, please contact the agency using the 1(800)955-8770 (Voice). Florida Relay Service, 1(800)955-8771 (TDD) or If any person decides to appeal any decision made by the 1(800)955-8770 (Voice). Board with respect to any matter considered at this meeting or If any person decides to appeal any decision made by the hearing, he/she will need to ensure that a verbatim record of Board with respect to any matter considered at this meeting or the proceeding is made, which record includes the testimony hearing, he/she will need to ensure that a verbatim record of and evidence from which the appeal is to be issued. the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. The Board of Orthotists & Prosthetists announces a telephone conference call to which all persons are invited. The Department of Health announces a public meeting to DATE AND TIME: Wednesday, December 14, 2011, 9:00 a.m. which all persons are invited. PLACE: Conference Call: 1(888)808-6959, Conference Code: DATE AND TIME: Friday, December 2, 2011, 1:00 p.m. – 9849329103; Department of Health, 4052 Bald Cypress Way, 4:00 p.m. Bin #C07, Tallahassee, Florida 32399-3257 PLACE: Capital Circle Office Center, 4025 Esplanade Way, GENERAL SUBJECT MATTER TO BE CONSIDERED: Room #301, Tallahassee, FL 32399-0950 General board business.
3818 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
GENERAL SUBJECT MATTER TO BE CONSIDERED: The PLACE: Conference Call: 1(888)808-6959, Conference Code: Florida KidCare Coordinating Council, an advisory body 2454144 appointed by the Florida Department of Health, to discuss GENERAL SUBJECT MATTER TO BE CONSIDERED: Florida KidCare, the state children’s health insurance program. This is a Policy Subcomittee meeting of an Advisory Council The Council is charged with making recommendations about required by Section 381.84, F.S. This conference call will possible changes and adjustments to the Florida KidCare address the committee’s continued development of policy Program which may result in recommendations for legislative recommendations and work tasks to address the mandates of action, state agency rule change, federal agency rule or policy the Tobacco Education and Use Prevention Program as change, or Congressional action. instituted in Section 381.84, Florida Statutes. A copy of the agenda may be obtained by contacting: Gail Vail, A copy of the agenda may be obtained by contacting: Elizabeth Department of Health, (850)245-4200, ext. 2238, email: Howell at (850)245-4444, ext. 2153 (Elizabeth_Howell2@ [email protected]. doh.state.fl.us) or by going to the Department of Health Tobacco website: http://www.doh.state.fl.us/tobacco/TAC.html The Department of Health, Brain and Spinal Cord Injury prior to the meeting. Program announces a telephone conference call to which all Pursuant to the provisions of the Americans with Disabilities persons are invited. Act, any person requiring special accommodations to DATE AND TIME: November 18, 2011, 9:00 a.m. – 12:30 participate in this workshop/meeting is asked to advise the p.m. agency at least 72 hours before the workshop/meeting by PLACE: Conference Call: 1(888)808-6959, Conference Code: contacting: Elizabeth Howell at (850)245-4444, ext. 2153 2454045, after the tone, clearly state your name and press # ([email protected]). If you are hearing or GENERAL SUBJECT MATTER TO BE CONSIDERED: speech impaired, please contact the agency using the Florida Meeting of the Brain and Spinal Cord Injury Advisory Council Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 as required by Section 381.78, Florida Statutes. The council (Voice). meets twice per year to provide advice and expertise to the If any person decides to appeal any decision made by the department in preparation, implementation, and periodic Board with respect to any matter considered at this meeting or review of the brain and spinal cord injury program. hearing, he/she will need to ensure that a verbatim record of A copy of the agenda may be obtained by contacting: Suzanne the proceeding is made, which record includes the testimony Kelly, Department of Health, 4052 Bald Cypress Way, Bin and evidence from which the appeal is to be issued. #C-25, Tallahassee, FL 32399-1744, (850)245-4045, email: For more information, you may contact: Elizabeth Howell at [email protected]. (850)245-4444, ext. 2153 ([email protected]). Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The Division of Health, Access and Tobacco announces a participate in this workshop/meeting is asked to advise the telephone conference call to which all persons are invited. agency at least 10 days before the workshop/meeting by DATE AND TIME: Tuesday, December 13, 2011, 9:00 a.m. – contacting: Teresa Hall, Department of Health, 4052 Bald 12:00 Noon Cypress Way, Bin #C-25, Tallahassee, FL 32399-1744, PLACE: Conference Call: 1(888)808-6959, Conference Code: (850)245-4045. If you are hearing or speech impaired, please 2454144 contact the agency using the Florida Relay Service, GENERAL SUBJECT MATTER TO BE CONSIDERED: 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). This is a meeting of an Advisory Council required by Section If any person decides to appeal any decision made by the 381.84, F.S. The council meets to provide advice to the Board with respect to any matter considered at this meeting or Department of Health relating to the Comprehensive Tobacco hearing, he/she will need to ensure that a verbatim record of Education and Use Prevention Program. The meeting will the proceeding is made, which record includes the testimony provide information about the Tobacco Education and Use and evidence from which the appeal is to be issued. Prevention Program and each of the program’s major For more information, you may contact: Suzanne Kelly, components including media, the cessation quitline, and Department of Health, 4052 Bald Cypress Way, Bin #C-25, community programs. Tallahassee, Florida 32399-1744, (850)245-4045, email: A copy of the agenda may be obtained by contacting: Elizabeth [email protected]. Howell at (850)245-4444, ext. 2153 (Elizabeth_Howell2@ doh.state.fl.us) or by going to the Department of Health The Division of Health Access and Tobacco announces a Tobacco website: http://www.doh.state.fl.us/tobacco/TAC.html telephone conference call to which all persons are invited. prior to the meeting. DATE AND TIME: Thursday, December 8, 2011, 10:00 a.m. – 11:00 a.m.
Section VI - Notices of Meetings, Workshops and Public Hearings 3819 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: Act, any person requiring special accommodations to Negotiations to become a Community-Based Managing Entity participate in this workshop/meeting is asked to advise the for Susbtance Abuse and Mental Health Services for the agency at least 72 hours before the workshop/meeting by Northeast Region. contacting: Elizabeth Howell at (850)245-4444, ext. 2153 A copy of the agenda may be obtained by contacting: Michele ([email protected]). If you are hearing or Staffieri, (850)717-4354, [email protected]. speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 The Refugee Services Program announces a public meeting (Voice). to which all persons are invited. If any person decides to appeal any decision made by the DATE AND TIME: November 21, 2011, 2:00 p.m. Board with respect to any matter considered at this meeting or PLACE: Florida Department of Children and Families, hearing, he/she will need to ensure that a verbatim record of Refugee Services, 1317 Winewood Blvd., Bldg. 5, Room 203, the proceeding is made, which record includes the testimony Tallahassee, FL 32399-0700; Conference Call: and evidence from which the appeal is to be issued. 1(888)808-6959, Conference Code: 4883791# For more information, you may contact: Elizabeth Howell at GENERAL SUBJECT MATTER TO BE CONSIDERED: The (850)245-4444, ext. 2153 ([email protected]). solicitation conference for the Invitation to Negotiate for Medical Professional Recertification Services for Refugees DEPARTMENT OF CHILDREN AND FAMILY and Entrants in Miami-Dade County (ITN #SNR12K01), as SERVICES provided for in Section 2.7 of the ITN published on the Vendor The Department of Children and Family Services Bid System (VBS) on October 31, 2011. announces a public meeting to which all persons are invited. A copy of the agenda may be obtained by contacting: Anna DATE AND TIME: November 29, 2011, 11:00 a.m. – 12:30 Bethea at [email protected]. p.m. Pursuant to the provisions of the Americans with Disabilities PLACE: Roberts Building, DCF, 5920 Arlington Expressway, Act, any person requiring special accommodations to Jacksonville, FL participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: contacting: Pamela Thornton at (850)717-4567 or email: Topic: Designation of Baker Act Receiving Facility-HCA- [email protected]. If you are hearing or speech Memorial Hospital, Duval County. impaired, please contact the agency using the Florida Relay Invitation to public to discuss any questions or concerns Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). regarding the designation of Memorial Hospital to operate a Baker Act receiving facility. The meeting is open to the public. Those who wish to call in may do so by calling the Conference FLORIDA HOUSING FINANCE CORPORATION Call: 1(888)808-6959, and use the Code: 7232014. The Florida Housing Finance Corporation, Board of A copy of the agenda may be obtained by contacting: Nancy Directors announces a public meeting to which all persons are Eisele at email: [email protected]. invited. Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: December 9, 2011, 8:30 a.m. – until Act, any person requiring special accommodations to adjourned participate in this workshop/meeting is asked to advise the PLACE: Tallahassee City Hall, Commission Chambers, 300 agency at least 7 days before the workshop/meeting by Adams Street, Tallahassee, FL 32301 contacting: the SAMH Northeast program office at GENERAL SUBJECT MATTER TO BE CONSIDERED: (904)723-2068. If you are hearing or speech impaired, please 1. Consider financing and acknowledgement resolutions for contact the agency using the Florida Relay Service, various multifamily developments, under any multifamily 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). program, including the ranking of developments. 2. Consider appointment of professionals including but not The Department of Children and Families announces a limited to trustee and/or originator/servicer for upcoming public meeting to which all persons are invited. and/or past multifamily programs and single-family DATE AND TIME: November 21, 2011, 8:00 a.m. programs. PLACE: Florida Department of Children & Families, 1317 3. Consider approval of all bond documents for and terms of Winewood Blvd., Bldg. 6, Conference Room A, Tallahassee, all upcoming single-family and multifamily bond sales, FL 32399 including those secured by third-party guarantors, letters-of-credit, insurance or other mechanisms.
3820 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
4. Consider adopting resolutions authorizing negotiated or Corporation at (850)488-4197. If you are hearing or speech competitive sale of bonds on various single-family and impaired, please contact the agency using the Florida Relay multifamily issues. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 5. Consider directing Staff to submit summaries of various If any person decides to appeal any decision made by the TEFRA/Public Hearings to the Governor. Board with respect to any matter considered at this meeting or 6. Consideration of policy issues concerning ongoing and hearing, he/she will need to ensure that a verbatim record of upcoming single-family bond issues including initiation the proceeding is made, which record includes the testimony of request for proposals on an emergency basis, and and evidence from which the appeal is to be issued. structuring new issues. 7. Consideration of all necessary actions with regard to the The FHFC II, Inc., Board of Directors announces a public Multifamily Bond Program. meeting to which all persons are invited. 8. Consideration of approval of underwriters for inclusion DATE AND TIME: December 9, 2011, 11:00 a.m., or upon on approved master list and teams. adjournment of the Florida Housing Finance Corporation 9. Consideration of all necessary actions with regard to the Board of Directors meeting, until adjourned HOME Rental Program. PLACE: Tallahassee City Hall, Commission Chambers, 300 10. Consideration of all necessary actions with regard to the Adams Street, Tallahassee, FL 32301 HC (Housing Credits) Program. GENERAL SUBJECT MATTER TO BE CONSIDERED: 11. Consideration of all necessary actions with regard to the 1. Conduct business necessary for the organization of FHFC SAIL (State Apartment Incentive Loan) Program. II, Inc. 12. Consideration of all necessary actions with regard to the 2. Consider adopting resolutions delegating operational SHIP (State Housing Initiatives Partnership) Program. authority to the Executive Director. 13. Consideration of all necessary actions with regard to the 3. Consideration of all necessary actions with regard to any PLP (Predevelopment Loan) Program. property owned or held by FHFC II, Inc. 14. Consideration of all necessary actions with regard to the 4. Consideration of approval of underwriters for inclusion on Homeownership Programs. approved master list and teams. 15. Consideration of all necessary actions for initiating new 5. Consideration of all necessary actions for initiating new rules or rule amendments on an emergency or rules or rule amendments on an emergency or non-emergency basis. non-emergency basis. 16. Consideration of Appeals from Universal Cycle ranking 6. Consideration of status, workouts, or modifications for and grading with entry of final orders. existing projects. 17. Consideration of workouts or modifications for existing 7. Consideration of matters relating to the statutory purpose projects funded by the Corporation. of FHFC II, Inc., to provide safe and sanitary housing that 18. Consideration of matters relating to the stated purpose of is affordable for the residents of Florida. the Corporation to provide safe and sanitary housing that 8. Such other matters as may be included on the Agenda for is affordable for the residents of Florida. the December 9, 2011, Board Meeting. 19. Consideration of funding additional reserves for the A copy of the agenda may be obtained by contacting: Sheila Guarantee Fund. Freaney, Board Liaison, Florida Housing Finance Corporation, 20. Consideration of audit issues. 227 North Bronough Street, Suite 5000, Tallahassee, Florida 21. Evaluation of professional and consultant performance. 32301-1329, (850)488-4197, approximately two days prior to 22. Such other matters as may be included on the Agenda for the meeting, or by visiting the Corporation’s website: the December 9, 2011, Board Meeting. www.floridahousing.org. A copy of the agenda may be obtained by contacting: Sheila Pursuant to the provisions of the Americans with Disabilities Freaney, Board Liaison, Florida Housing Finance Corporation, Act, any person requiring special accommodations to 227 North Bronough Street, Suite 5000, Tallahassee, Florida participate in this workshop/meeting is asked to advise the 32301-1329, (850)488-4197, approximately two days prior to agency at least 5 days before the workshop/meeting by the meeting, or by visiting the Corporation’s website: contacting: Sheila Freaney, Florida Housing Finance www.floridahousing.org. Corporation at (850)488-4197. If you are hearing or speech Pursuant to the provisions of the Americans with Disabilities impaired, please contact the agency using the Florida Relay Act, any person requiring special accommodations to Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Sheila Freaney, Florida Housing Finance
Section VI - Notices of Meetings, Workshops and Public Hearings 3821 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
If any person decides to appeal any decision made by the If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. and evidence from which the appeal is to be issued.
The FHFC III, Inc., Board of Directors announces a public FISH AND WILDLIFE CONSERVATION meeting to which all persons are invited. COMMISSION DATE AND TIME: December 9, 2011, 11:00 a.m., or upon The Florida Fish and Wildlife Conservation Commission adjournment of the Florida Housing Finance Corporation announces a series of facilitated stakeholder meetings to Board of Directors meeting, until adjourned discuss and examine issues relating to the draft bear PLACE: Tallahassee City Hall, Commission Chambers, 300 management plan. Adams Street, Tallahassee, FL 32301 DATE AND TIME: November 22, 2011, 6:00 p.m. GENERAL SUBJECT MATTER TO BE CONSIDERED: PLACE: Veterans Memorial Civic Center, 10405 N.W. Theo 1. Conduct business necessary for the organization of FHFC Jacobs Lane, Bristol, FL 32321 III, Inc. DATE AND TIME: November 29, 2011, 6:00 p.m. 2. Consider adopting resolutions delegating operational PLACE: Rookery Bay National Estuarine Research Reserve, authority to the Executive Director. 300 Tower Road, Naples, FL 34113 3. Consideration of all necessary actions with regard to any DATE AND TIME: December 6, 2011, 6:00 p.m. property owned or held by FHFC III, Inc. PLACE: Florida Department of Transportation, 719 South 4. Consideration of approval of underwriters for inclusion on Woodland Boulevard, Deland, FL 32720 approved master list and teams. DATE AND TIME: December 13, 2011, 6:00 p.m. 5. Consideration of all necessary actions for initiating new PLACE: Gainesville City Hall, 200 East University Avenue, rules or rule amendments on an emergency or Gainesville, FL 32601 non-emergency basis. GENERAL SUBJECT MATTER TO BE CONSIDERED: The 6. Consideration of status, workouts, or modifications for purpose of the meeting is fact finding, to solicit input from existing projects. stakeholders to the agency in evaluating a draft plan to manage 7. Consideration of matters relating to the statutory purpose of Florida black bears. The public can attend the meeting; FHFC III, Inc., to provide safe and sanitary housing that is however, space is limited. This meeting will be structured and affordable for the residents of Florida. facilitated. Limited public comments will be taken. 8. Such other matters as may be included on the Agenda for The public comment period for the draft Management Plan for the December 9, 2011, Board Meeting. the Florida black bear will be from November 10, 2011 to A copy of the agenda may be obtained approximately two days January 10, 2012. The plan can be read or downloaded and prior to the meeting by contacting Sheila Freaney, Board comments submitted online at www.MyFWC.com/Bear or Liaison, Florida Housing Finance Corporation, 227 North comments can be mailed to: David Telesco, Florida Fish and Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329, Wildlife Conservation Commission, Imperiled Species (850)488-4197, approximately two days prior to the meeting, Management Section 6A, 620 South Meridian Street, or by visiting the Corporation’s website: www.florida Tallahassee, Florida 32399. housing.org. A copy of the agenda may be obtained by contacting: David Pursuant to the provisions of the Americans with Disabilities Telesco at (850)922-4330 or email: BearManagement@ Act, any person requiring special accommodations to MyFWC.com. 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: Sheila Freaney, Florida Housing Finance participate in this workshop/meeting is asked to advise the Corporation at (850)488-4197. If you are hearing or speech agency at least 5 days before the workshop/meeting by impaired, please contact the agency using the Florida Relay contacting: The FWC at (850)488-6411. If you are hearing or Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
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For more information, you may contact: David Telesco, Pursuant to the provisions of the Americans with Disabilities Florida Fish and Wildlife Conservation Commission, Act, any person requiring special accommodations to Imperiled Species Management Section 6A, 620 South participate in this workshop/meeting is asked to advise the Meridian Street, Tallahassee, Florida 32399, (850)922-4330. agency at least 3 days before the workshop/meeting by contacting: Monica Cash, (850)921-4479. If you are hearing or AREA AGENCY ON AGING OF PASCO-PINELLAS speech impaired, please contact the agency using the Florida INC. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Area Agency On Aging of Pasco-Pinellas Inc. announces a public meeting to which all persons are invited. The Northwood Shared Resource Center, Finance & Audit DATE AND TIME: November 21, 2011, 9:30 a.m. Committee announces a public meeting to which all persons PLACE: Area Agency on Aging of Pasco-Pinellas Inc., 9887 are invited. 4th Street, North, Suite 100, St. Petersburg, FL 33702 DATE AND TIME: November 18, 2011, 9:00 a.m. GENERAL SUBJECT MATTER TO BE CONSIDERED: PLACE: Agency for Person’s with Disabilities, 4030 Items related to Area Agency on Aging of Pasco-Pinellas Esplanade Way, Suite 215 L, Tallahassee, Florida 32399 business and Board of Directors oversight. GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Brenda General Finance Matters. Black at (727)570-9696, ext. 233. A copy of the agenda may be obtained by contacting: Pursuant to the provisions of the Americans with Disabilities [email protected]. 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 4 days before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: Brenda Black at (727)5709696, ext. 233. If you are agency at least 3 days before the workshop/meeting by hearing or speech impaired, please contact the agency using the contacting: Monica Cash, (850)921-4479. If you are hearing or Florida Relay Service, 1(800)955-8771 (TDD) or speech impaired, please contact the agency using the Florida 1(800)955-8770 (Voice). Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 For more information, you may contact: Brenda Black at (Voice). (727)570-9696, ext. 233. CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA ATLANTIC RESEARCH AND FLORIDA DEVELOPMENT AUTHORITY The Center for Independent Living of South Florida The Florida Atlantic Research and Development Authority announces a public meeting to which all persons are invited. announces a public meeting to which all persons are invited. DATE AND TIME: Saturday, November 19, 2011, 12:00 Noon DATE AND TIME: November 17, 2011, 8:00 a.m. – 2:00 p.m. PLACE: C. Scott Ellington Technology Business Incubator, PLACE: 6660 Biscayne Boulevard, Miami, FL 33138 3701 FAU Blvd., Suite 210, Boca Raton, FL 33431 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: Regularly scheduled meeting of the Board of Directors of the Board Meeting. Center for Independent Living of South Florida, Inc. The A copy of the agenda may be obtained by contacting: Christine Finance Committee and other ad hoc committees will meet Cannon-Burres at [email protected]. 11:00 a.m. – 12:00 Noon, prior to the Board Meeting. If alternative format (Braille, large print, electronic or NORTHWOOD SHARED RESOURCE CENTER audiotape), ASL interpreter, or other accommodation is The Northwood Shared Resource Center, Board of Trustees required, please request at least 14 days in advance of the announces a public meeting to which all persons are invited. meeting date. RSVP to: [email protected] or call: DATE AND TIME: November 17, 2011, 1:30 p.m. (305)751-8025, (TDD) (305)751-8891. PLACE: Department of Business and Professional Regulation, A copy of the agenda may be obtained by contacting: 1940 N. Monroe Street, Professions Board Room, Tallahassee, [email protected] or call: (305)751-8025, ext. 110. Florida 32399 GENERAL SUBJECT MATTER TO BE CONSIDERED: SOUTHWOOD SHARED RESOURCE CENTER General meeting. The Southwood Shared Resource Center announces a public A copy of the agenda may be obtained by contacting: meeting to which all persons are invited. [email protected].
Section VI - Notices of Meetings, Workshops and Public Hearings 3823 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
DATE AND TIME: Thursday, November 17, 2011, 1:30 p.m. For more information, you may contact: Debbie Rambo, PLACE: SSRC Business Office, Conference Room 103, 2002 (904)407-0384. Old St. Augustine Road, Building C, Tallahassee, FL GENERAL SUBJECT MATTER TO BE CONSIDERED: FLORIDA INDEPENDENT LIVING COUNCIL, INC. Meeting of the SSRC Board of Trustees’ Ad Hoc Workgroup The Florida Independent Living Council, Inc. announces a on Key Performance Indicators to establish Board-level telephone conference call to which all persons are invited. performance measures. Network of Centers Teleconference A copy of the agenda may be obtained by contacting: Rick Mitchell, (850)488-9895, [email protected]. Voting and Advocacy For more information, you may contact: Rick Mitchell, DATE AND TIME: Thursday, November 17, 2011, 10:00 a.m. (850)488-9895, [email protected]. – 11:00 a.m. PLACE: Conference Call: 1(866)730-7514, Code: 938460# Network of Centers Teleconference CITIZENS PROPERTY INSURANCE CORPORATION Crime Victims with Disabilities and the ADA The Citizens Property Insurance Corporation announces a DATE AND TIME: Thursday, December 8, 2011, 10:00 a.m. – telephone conference call to which all persons are invited. 11:00 a.m. DATE AND TIME: Wednesday, November 30, 2011, 9:00 a.m. PLACE: Conference Call: 1(866)730-7514, Code 938460# PLACE: Conference Call: 1(866)361-7525, Participant Code: Network of Centers Teleconference 8632017402# Service Dogs and the ADA GENERAL SUBJECT MATTER TO BE CONSIDERED: DATE AND TIME: Thursday, January 12, 2012, 10:00 a.m. – Items of discussion include but are not limited to business 11:00 a.m. before the Actuarial and Underwriting Committee. PLACE: Conference Call: 1(866)730-7514, Code 938460# A copy of the agenda may be obtained by contacting: Heather Network of Centers Teleconference Ousley at (904)208-7263 or online: https://www.citizensfla. DCF and It’s Settlement with HHS. Serving People Who Are com/about/future_boardmtgs.cfm. Deaf or Hard of Hearing Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: Thursday, January 26, 2012, 10:00 a.m. – Act, any person requiring special accommodations to 11:00 a.m. participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by PLACE: Conference Call: 1(866)730-7514, Code 938460# contacting: Heather Ousley at (904)208-7263. If you are Network of Centers Teleconference hearing or speech impaired, please contact the agency using the The ADA and Domestic Violence Shelters Florida Relay Service, 1(800)955-8771 (TDD) or DATE AND TIME: Thursday, February 9, 2012, 10:00 a.m. – 1(800)955-8770 (Voice). 11:00 a.m. PLACE: Conference Call: 1(866)730-7514, Code: 938460# The Citizens Property Insurance Corporation, Claims GENERAL SUBJECT MATTER TO BE CONSIDERED: To Committee announces a public meeting to which all persons conduct the regular business of the council. are invited. COMMITTEE AND TASK FORCE MEETINGS: Please note DATE AND TIME: November 30, 2011, 3:00 p.m. (EST) that committees and task forces of the Florida Independent PLACE: Conference Call: 1(866)361-7525, Conference ID: Living Council will meet at various times throughout the year 5219676193# to carry out the work of the council; the meeting dates and GENERAL SUBJECT MATTER TO BE CONSIDERED: times will be posted at the above address at least seven days Items of discussion include, but are not limited to, business prior to the meeting. Persons who want to be notified of such before the Claims Committee. meetings may request to be put on the mailing list for such notices by writing to: Molly Gosline at the council address. A copy of the agenda may be obtained by contacting: Debbie Rambo, (904)407-0384. A copy of the agenda may be obtained by contacting: Florida Independent Living Council, 1416 N. Adams Street, Pursuant to the provisions of the Americans with Disabilities Tallahassee, Florida 32303, (850)488-5624 or Toll Free Act, any person requiring special accommodations to 1(877)822-1993. participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Debbie Rambo, (904)407-0384. 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).
3824 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Any person who needs an accommodation to participate in this For more information, you may contact: Tommy meeting because of a disability, including alternative formats, Bowermeister, FL CURED Liaison to DOH, (850)528-0388 or should submit a request for such accommodation in writing at [email protected]. least one week before the meeting date. PALM TRAN CONNECTION, INC. SOUTHWEST FLORIDA CRIMINAL JUSTICE The Palm Tran Connection announces a public meeting to ACADEMY which all persons are invited. The Regional 10, Criminal Justice Training School DATE AND TIME: November 8, 2011, 9:00 a.m. announces a public meeting to which all persons are invited. PLACE: Palm Tran Connection, 3040 South Military Trail, DATE AND TIME: November 29, 2011, 9:30 a.m. Suite J, Conference Room, Lake Worth, FL 33463 PLACE: Southwest Florida Public Service Academy, 3800 GENERAL SUBJECT MATTER TO BE CONSIDERED: Michigan Avenue, Fort Myers, FL 33916 AGENDA: GENERAL SUBJECT MATTER TO BE CONSIDERED: I. CALL TO ORDER – Roll Call Agenda: II. ADOPTION OF AGENDA 1. Pledge of Allegiance. III. CONSENT AGENDA 2. Approval of minutes of August, 2011 Meeting. a. Approval of Meeting Minutes – May 25, 2011 3. Introduction of guests. b. Transportation Operators Payments 4. F.D.L.E. Report – Dawn Reed. IV. ELECT VICE CHAIR 5. Academy report from Sarasota County Technical Institute. V. ANNUAL OPERATING REPORT – John Coons 6. Academy report from Southwest Florida Public Service VI. ACTUAL EXPENDITURE REPORT – John Coons Academy. VII. CTC REVIEW – Angela Morlok 7. Old business. VIII. COORDINATED CONTRACT REPORT – Ron Jones 8. New business. IX. CTC UPDATE 9. Schedule of next meeting. a. Monthly Operating Report – John Coons 10. Adjournment. b. Connection RFP – Ron Jones A copy of the agenda may be obtained by contacting: Angela X. FIXED ROUTE UPDATE – Chuck Cohen Esteves, (239)989-5027, [email protected]. XI. TD DAY TRIP – Bobbi Valentine XII. PUBLIC HEARING FL CURED a. Open Public Hearing The FL CURED announces a telephone conference call to b. Proof of Advertising which all persons are invited. c. Public Comments on Transportation Matters DATES AND TIME: Thursday, November 17, 2011; Monday, d. Adjourn public Hearing November 21, 2011, 5:00 p.m. – 6:00 p.m. XIII. COMMENTS BY BOARD MEMBERS PLACE: Conference Call: 1(888)808-6959, Code: 6440842 XIV. NEXT MEETING – February 2012 and URL: http://fcprwebinar.na4.acrobat.com/flcuredmeeting/ XV. ADJOURNMENT GENERAL SUBJECT MATTER TO BE CONSIDERED: To A copy of the agenda may be obtained by contacting: Lou discuss Advisory Council recommendations for the 2011 FL Ferri, (561)649-9848, ext. 3620, [email protected]. CURED Annual Report. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Tommy Act, any person requiring special accommodations to Bowermeister, FL CURED Liaison to DOH, (850)528-0388 or participate in this workshop/meeting is asked to advise the [email protected]. agency at least 24 hours before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: Lou Ferri, (561)649-9848, ext. 3620, Act, any person requiring special accommodations to [email protected]. 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 7 days before the workshop/meeting by 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). contacting: Tommy Bowermeister, FL CURED Liaison to DOH, (850)528-0388 or [email protected]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
Section VI - Notices of Meetings, Workshops and Public Hearings 3825 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
If any person decides to appeal any decision made by the If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. and evidence from which the appeal is to be issued. For more information, you may contact: Jeannie Garner, FLORIDA LEAGUE OF CITIES, INC. Director of Insurance and Financial Services, email: [email protected]. The Florida League of Cities, Inc. announces a public meeting to which all persons are invited. ENVIRONMENTAL PROTECTION/FLORIDA DATE AND TIME: Thursday, December 8, 2011, 4:00 p.m. MARINE RESEARCH INSTITUTE PLACE: The Vinoy, 501 5th Avenue, N.E., St. Petersburg, FL 33701 The Tampa Bay Estuary Program announces a public GENERAL SUBJECT MATTER TO BE CONSIDERED: meeting to which all persons are invited. Florida Municipal Construction Trust. DATES AND TIMES: Management Board, Thursday, A copy of the agenda may be obtained by contacting: Linda November 17, 2011, 1:30 p.m.; Policy Board, Friday, Bridges, [email protected]. November 18, 2011, 10:00 a.m. Pursuant to the provisions of the Americans with Disabilities PLACE: Tampa Bay Regional Planning Council, 4000 Act, any person requiring special accommodations to Gateway Centre Boulevard, Suite 100, Pinellas Park, Florida participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: agency at least 7 days before the workshop/meeting by Action will be taken on acceptance of the revised Final contacting: Linda Bridges, [email protected]. If you are 2010-2011 Agency-wide Budget, approval of the 2011-2012 hearing or speech impaired, please contact the agency using the Bay Mini-Grants, and approval to contract with Salter Mitchell Florida Relay Service, 1(800)955-8771 (TDD) or to continue Fertilizer Education Campaign. 1(800)955-8770 (Voice). A copy of the agenda may be obtained by contacting: If any person decides to appeal any decision made by the [email protected]. 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 7 days before the workshop/meeting by For more information, you may contact: Jeannie Garner, contacting: [email protected]. If you are hearing or speech Director of Insurance and Financial Services, email: impaired, please contact the agency using the Florida Relay [email protected]. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the The Florida League of Cities, Inc. announces a public Board with respect to any matter considered at this meeting or meeting to which all persons are invited. hearing, he/she will need to ensure that a verbatim record of DATE AND TIME: Friday, December 9, 2011, 8:30 a.m. the proceeding is made, which record includes the testimony PLACE: The Vinoy, 501 5th Avenue, N.E., St. Petersburg, FL and evidence from which the appeal is to be issued. 33701 For more information, you may contact: [email protected]. GENERAL SUBJECT MATTER TO BE CONSIDERED: Florida Municipal Insurance Trust. SOIL AND WATER CONSERVATION DISTRICTS A copy of the agenda may be obtained by contacting: Linda The Madison Soil and Water Conservation District Bridges, [email protected]. announces a public meeting to which all persons are invited. Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: November 16, 2011, 8:00 a.m. Act, any person requiring special accommodations to PLACE: Madison Service Center, Suite 2, Madison, FL participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: agency at least 7 days before the workshop/meeting by General business. contacting: Linda Bridges, [email protected]. If you are A copy of the agenda may be obtained by contacting: hearing or speech impaired, please contact the agency using the (850)973-6595, ext. 101. Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
3826 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
FLORIDA SURPLUS LINES SERVICE OFFICE FLORIDA WORKERS’ COMPENSATION INSURANCE GUARANTY ASSOCIATION The Florida Surplus Lines Service Office, National Clearinghouse Committee announces a telephone conference The Investment Committee of the Florida Workers’ call to which all persons are invited. Compensation Insurance Guaranty Association announces DATES AND TIME: November 10, 15, 17, 22, 24, 29, 2011, a public meeting to which all persons are invited. 10:00 a.m. DATE AND TIME: Wednesday, December 7, 2011, 8:30 a.m. PLACE: 1441 Maclay Commerce Drive, Suite 200, PLACE: Tallahassee, Florida Tallahassee, FL 32312 GENERAL SUBJECT MATTER TO BE CONSIDERED: The GENERAL SUBJECT MATTER TO BE CONSIDERED: Committee will meet to discuss general business of the General matters to come before the Committee. Association. The agenda will include but not limited to: A copy of the agenda may be obtained by contacting: Georgie Minutes, Investment Report and Investment Policy Review. Barrett at [email protected]. A copy of the agenda may be obtained by contacting: Cathy Pursuant to the provisions of the Americans with Disabilities Irvin at (850)386-9200. 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 2 days before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: Jessica Brown at [email protected] or agency at least 3 days before the workshop/meeting by 1(800)562-4496. If you are hearing or speech impaired, please contacting: Cathy Irvin at (850)386-9200. If you are hearing or contact the agency using the Florida Relay Service, speech impaired, please contact the agency using the Florida 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). FLORIDA TELECOMMUNICATIONS RELAY, INC. The Board of Directors of the FL Workers’ Compensation The Florida Telecommunications Relay, Inc. announces a Insurance Guaranty Association announces a public meeting public meeting to which all persons are invited. to which all persons are invited. DATE AND TIME: Monday, November 14, 2011, 10:00 a.m. DATE AND TIME: December 7, 2011, 9:00 a.m. PLACE: Florida Telecommunications Relay, Inc., Conference PLACE: Tallahassee, Florida Room, 1820 E. Park Avenue, Suite 101, Tallahassee, FL 32301 GENERAL SUBJECT MATTER TO BE CONSIDERED: The GENERAL SUBJECT MATTER TO BE CONSIDERED: Board of Directors will meet regarding general business of the This is a regular meeting of the Board of Directors. The Association. The Agenda will include but not limited to: meeting is subject to cancellation for lack of a quorum or Minutes, Receiver’s Report, Legal Report, Operations Report, unavailability of interpreter. Financial Report, Committee Reports, and Board Elections. A copy of the agenda may be obtained by contacting: Mr. A copy of the agenda may be obtained by contacting: Cathy James Forstall, Executive Director, Florida Irvin at (850)386-9200. Telecommunications Relay, Inc., 1820 E. Park Avenue, Suite 101, Tallahassee, FL 32301. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the SUNSHINE STATE ONE CALL OF FLORIDA, INC. agency at least 3 days before the workshop/meeting by The Sunshine State One Call of Florida, Inc. announces a contacting: Cathy Irvin at (850)386-9200. If you are hearing or public meeting to which all persons are invited. speech impaired, please contact the agency using the Florida DATES AND TIME: November 17, 2011, Committee Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Meetings; Board Meeting, November 18, 2011, 8:00 a.m. (Voice). PLACE: Sunshine State One Call, 11 Plantation Road, DeBary, FL 32713 BABCOCK RANCH INC. GENERAL SUBJECT MATTER TO BE CONSIDERED: The Babcock Ranch Inc. announces a public meeting to General business matters relating to preventing damages to which all persons are invited. underground utilities in the State of Florida. DATE AND TIME: November 14, 2011, 1:30 p.m. – 3:00 p.m. A copy of the agenda may be obtained by contacting: PLACE: Conference Call: (904)596-2362, Participant Code: http://www.callsunshine.com/images/stories/board/201111_ 63683903#GENERAL SUBJECT MATTER TO BE agenda.pdf. CONSIDERED: The Babcock Ranch Inc., Board of Directors announces an upcoming public meeting to which all persons
Section VI - Notices of Meetings, Workshops and Public Hearings 3827 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 are invited. This conference call/meeting will be considered a 5:30 p.m., City of Hialeah City Hall, 501 Palm Avenue, public meeting however, the Board will not take comments Hialeah, Florida 33010, between Monday and Friday from from the listening public. 8:30 a.m. – 5:00 p.m., and the Miami Springs Branch Library, GENERAL SUBJECT MATTER TO BE CONSIDERED: Will 401 Westward Drive, Miami Springs, Florida 33166, Monday, cover a varied range of topics regarding the management and Wednesday, Thursday and Saturday from 10:00 a.m. – 6:00 operations of the Babcock Ranch and its associated agencies. p.m. and Tuesday from 12:00 Noon – 8:00 p.m. The library is A copy of the agenda may be obtained by contacting: Debbie closed Friday and Sunday. Public participation is solicited Upp, [email protected] or (863)465-2571, without regard to race, color, national origin, age, sex, religion, ext. 251. disability or family status. Agenda items from any source will need to be submitted for Pursuant to the provisions of the Americans with Disabilities consideration at least 10 days prior to the scheduled meeting. Act, any person requiring special accommodations to Agendas will be sent out prior to each meeting to Board participate in this workshop/meeting is asked to advise the members and agency staff and may be requested in advance by agency at least 7 days before the workshop/meeting by the public. contacting: Mr. Alejandro Martinez at (305)470-5298, or in For more information, you may contact: For more information, writing: 1000 N.W. 111th Avenue, Room 6111-A, Miami, FL you may contact: Debbie Upp at execassistant@ 33172 or via e-mail: [email protected]. If you archbold-station.org or (863)465-2571, ext. 251. 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). MRG MIAMI For more information, you may contact: Ms. Bao-Ying Wang, The Florida Department of Transportation (FDOT), District P.E., Project Manager, Florida Department of Transportation, Six, announces a public meeting to which all persons are District Six, 1000 N.W. 111 Avenue, Room 6111-A, Miami, invited. Florida 33172, (305)470-5211, Fax: (305)470-5205 or via DATE AND TIME: Tuesday, December 6, 2011, 6:00 p.m. – e-mail: [email protected]. 8:00 p.m. PLACE: Miami Springs Country Club, Majestic Room, 650 The Florida Department of Transportation, District Six Curtiss Parkway, Miami Springs, Florida 33166 announces a public meeting to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: DATE AND TIME: Wednesday, December 7, 2011, 6:00 p.m. FDOT, District Six, is conducting a Project Development and – 8:00 p.m. Environment (PD&E) Study for the State Road 948/N.W. 36 PLACE: Our Lady of Lebanon Church, 2055 Coral Way, Street Bridge (Bridge No. 870625) from N.W. 42 Avenue Miami, FL 33145 (LeJeune Road) to US 27/SR 25 Okeechobee Road. The GENERAL SUBJECT MATTER TO BE CONSIDERED: primary purpose of this study is to rehabilitate, or replace the FDOT is developing the design for a repaving project to bridge and address numerous substandard existing facility improve the roadway along State Road 972/Coral Way in conditions. The proposed replacement consists of new Miami-Dade County. The limits for the proposed project construction providing a fixed bridge over the Miami Canal extend from S.W. 37 Avenue to just east of S.W. 13 Avenue. (C-6) with two travel lanes in each direction (eastbound and The project is within the City of Miami. westbound), and introduce a new westbound auxiliary lane The proposed work for this project includes: repaving the from the S.R. 112 (Airport Expressway) westbound exit ramp roadway to extend the life of the road; widening the sidewalks to South Royal Poinciana Boulevard. The improvements will in certain areas; removing some parking spaces to add a new provide a sidewalk on the south side and a raised median. The bus bay at S.W. 27 Avenue; adding new pedestrian signals, replacement bridge will improve safety and alleviate current signs and pavement markings; extending the southbound congestion. left-turn lane at S.W. 37 Avenue; minor drainage A copy of the agenda may be obtained by contacting: Ms. enhancements; and changing the mast arms at the intersection Bao-Ying Wang, P.E., Project Manager, Florida Department of of S.W. 37 Avenue. Construction for the project is expected to Transportation District Six, 1000 N.W. 111 Avenue, Room start in March 2013 and last about 200 days. 6111-A, Miami, Florida 33172, (305)470-5211, Fax: A copy of the agenda may be obtained by contacting: David (305)470-5205 or via e-mail: [email protected]. Ramil, Public Information Specialist at (786)877-4375 or via Draft project documents will be available for review from e-mail: [email protected]. Tuesday, November 15, 2011 through Tuesday, December 6, Pursuant to the provisions of the Americans with Disabilities 2011 in the following locations: Florida Department of Act, any person requiring special accommodations to Transportation District Six, 1000 N.W. 111 Avenue, Miami, participate in this workshop/meeting is asked to advise the Florida 33172, between Monday and Friday from 8:30 a.m. – agency at least seven days before the workshop/meeting by
3828 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 contacting: Brian Rick at (305)470-5349 or in writing: FDOT, GENERAL SUBJECT MATTER TO BE CONSIDERED: I-10 1000 N.W. 111 Ave., Miami, FL 33172, e-mail: Master Plan in Gadsden, Leon and Jefferson Counties Kick [email protected]. If you are hearing or speech Off. The purpose of the meeting is to present project impaired, please contact the agency using the Florida Relay information, outline the master planning process and present Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). the project schedule. After a brief presentation, FDOT and For more information, you may contact: David Ramil, Public project staff will be available to discuss the project, answer Information Specialist at (786)877-4375, via e-mail: questions, and address any concerns. [email protected]. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to PB AMERICAS, INC. participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by The Florida Department of Transportation, District One contacting: Ray Kirkland at (850)415-9590 or email: announces a public meeting to which all persons are invited. [email protected]. If you are hearing or speech DATE AND TIME: Tuesday, December 6, 2011, 5:00 p.m. – impaired, please contact the agency using the Florida Relay 7:30 p.m. (Presentation at 6:00 p.m.) Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). PLACE: St. Michael the Archangel Catholic Church, 5394 For more information, you may contact: Ian Satter at Midnight Pass Road, Sarasota, FL 34242 1(888)638-0250, ext. 205 or [email protected]. GENERAL SUBJECT MATTER TO BE CONSIDERED: This public information meeting is being held to inform The Florida Department of Transportation announces a interested persons about the proposed pedestrian refuge public meeting to which all persons are invited. improvements to State Road 758/Midnight Pass Road from DATE AND TIME: Thursday, December 1, 2011, 10:00 a.m. – State Road 72/Stickney Point Road to County Road 11:00 a.m. 789A/Beach Road in Siesta Key. The improvements consist of PLACE: Jefferson County Courthouse Commission Chambers, installing small pedestrian refuge islands within the two-way Courthouse Annex, 4335 West Walnut Street, Monticello, center turn lane at various points along the project limits to Florida 32344 improve pedestrian safety. The improvements will not affect GENERAL SUBJECT MATTER TO BE CONSIDERED: I-10 access to properties, and will minimize impacts to left turn Master Plan in Gadsden, Leon and Jefferson Counties Kick movements. Off. The purpose of the meeting is to present project Financial Project ID No.: 428124-4-52-01 information, outline the master planning process and present Pursuant to the provisions of the Americans with Disabilities the project schedule. After a brief presentation, FDOT and Act, any person requiring special accommodations to project staff will be available to discuss the project, answer participate in this workshop/meeting is asked to advise the questions, and address any concerns. agency at least 7 days before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: Robin Parrish, Florida Department of Act, any person requiring special accommodations to Transportation, District One, 801 N. Broadway Street, Bartow, participate in this workshop/meeting is asked to advise the Florida 33830-3809, (863)519-2675 or email: robin.parrish@ agency at least 7 days before the workshop/meeting by dot.state.fl.us. If you are hearing or speech impaired, please contacting: Ray Kirkland at (850)415-9590 or email: contact the agency using the Florida Relay Service, [email protected]. If you are hearing or speech 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). impaired, please contact the agency using the Florida Relay For more information, you may contact: Gary Amig, Access Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Management and Safety Manager, at address listed above For more information, you may contact: Ian Satter at 1(800)292-3368 or [email protected]. 1(888)638-0250, ext. 205 or [email protected].
QUEST CORPORATION OF AMERICAN, INC. The Florida Department of Transportation announces a The Florida Department of Transportation announces a public meeting to which all persons are invited. public meeting to which all persons are invited. DATE AND TIME: Thursday, December 1, 2011, 5:30 p.m. – DATE AND TIME: Tuesday, November 29, 2011, 5:30 p.m. – 6:30 p.m. (CST) 6:30 p.m. PLACE: Pine Log Volunteer Fire Department, 1652 North PLACE: Gadsden County Commission Chambers, Highway 81, Westville, Florida 32464 Commission Meeting Room, 7 West Jefferson Street, Quincy, GENERAL SUBJECT MATTER TO BE CONSIDERED: Florida 32351 Arrant Road over Timber Branch Bridge Replacement Project.
Section VI - Notices of Meetings, Workshops and Public Hearings 3829 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
The public will have the opportunity to preview the proposed GENERAL SUBJECT MATTER TO BE CONSIDERED: design, ask questions, and/or submit comments. Maps, This public hearing is being held to give interested persons an drawings and other information will be on display. There will opportunity to express their views concerning the location, be no formal presentation. Representatives from the Florida conceptual design, and social, economic, and environmental Department of Transportation will be available to answer effects of the proposed improvements to SR 80 (Southern questions and explain the proposed improvements. Boulevard) from CR 880 to Forest Hill Boulevard. The Pursuant to the provisions of the Americans with Disabilities proposed improvements consist of widening SR 80 (Southern Act, any person requiring special accommodations to Boulevard) from Lion Country Safari Road to Forest Hill participate in this workshop/meeting is asked to advise the Boulevard from the existing four (4) lanes to six (6) lanes, agency at least 7 days before the workshop/meeting by three (3) lanes in each direction to meet future travel demands. contacting: Garrett Martin at (850)638-2288 or email: Other improvements include upgrading the drainage system [email protected]. If you are hearing or speech and median access along the corridor. A 12-ft. shared use path impaired, please contact the agency using the Florida Relay is also being proposed along the north side of SR 80 (Southern Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Boulevard). The project corridor is approximately nine (9) For more information, you may contact: Ian Satter at miles and is located in Palm Beach County, Florida (Financial 1(888)638-0250, ext. 205 or [email protected]. Management Number 419345-1-22-01). A copy of the agenda may be obtained by contacting: Mr. John The Florida Department of Transportation announces a Thompson, Project Manager, Florida Department of public meeting to which all persons are invited. Transportation, District Four, 3400 West Commercial DATE AND TIME: Tuesday, December 6, 2011, 5:30 p.m. – Boulevard, Fort Lauderdale, Florida 33309 or email: 6:30 p.m. [email protected]. PLACE: Renaissance Center, Second Floor, Conference Public participation is solicited without regard to race, color, Room, 435 North Macomb Street, Tallahassee, Florida 32301 national origin, age, sex, religion, disability or family status. GENERAL SUBJECT MATTER TO BE CONSIDERED: I-10 Pursuant to the provisions of the Americans with Disabilities Master Plan in Gadsden, Leon and Jefferson Counties Kick Act, any person requiring special accommodations to Off. The purpose of the meeting is to present project participate in this workshop/meeting is asked to advise the information, outline the master planning process and present agency at least 7 days before the workshop/meeting by the project schedule. After a brief presentation, FDOT and contacting: Mr. John Thompson at (954)777-4680, toll free: project staff will be available to discuss the project, answer 1(866)336-8435, ext. 4680 or by email: john.thompson@ questions, and address any concerns. dot.state.fl.us. Any persons who require translation services (free of charge) should also contact: Mr. John Thompson seven Pursuant to the provisions of the Americans with Disabilities (7) days before the hearing. If you are hearing or speech Act, any person requiring special accommodations to impaired, please contact the agency using the Florida Relay participate in this workshop/meeting is asked to advise the Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). agency at least 7 days before the workshop/meeting by contacting: Ray Kirkland at (850)415-9590 or email: For more information, you may contact: Mr. John Thompson, [email protected]. If you are hearing or speech Project Manager, Florida Department of Transportation, impaired, please contact the agency using the Florida Relay District Four, 3400 West Commercial Boulevard, Fort Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Lauderdale, Florida 33309, (954)777-4680, toll free: 1(866)336-8435, ext. 4680, by email: john.thompson@dot. For more information, you may contact: Ian Satter at state.fl.us or by visiting the project website: www.sr80study.com 1(888)638-0250, ext. 205 or [email protected]. .
CORZO CASTELLA CARBALLO THOMPSON STANLEY CONSULTANTS, INC. SALMAN, PA The Florida Department of Transportation (FDOT), District The Florida Department of Transportation announces a Four, announces an Elected Officials and Agencies Kick-Off hearing to which all persons are invited. meeting to which all persons are invited. DATE AND TIMES: Thursday, December 8, 2011, Open DATE AND TIME: Wednesday, December 7, 2011, Open House, 6:00 p.m.; Formal Presentation, 6:30 p.m. followed by House, 2:00 p.m. – 4:00 p.m. a public comment period PLACE: The Peter and Julie Cummings Library, 2551 S.W. Matheson Avenue, Palm City, Florida 34990 PLACE: Binks Forest Golf Club, 400 Binks Forest Drive, Wellington, Florida 33414 GENERAL SUBJECT MATTER TO BE CONSIDERED: This Elected Officials and Agencies Kick-Off meeting is being conducted to present preliminary project information and
3830 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 obtain public comment for the I-95 Project Development and A copy of the agenda may be obtained by contacting: Julio Environment Study (PD&E). The I-95 study corridor is Delgado, Project Manager, Florida Department of approximately 12 miles in length, beginning south of S.W. Transportation, District Four, 3400 West Commercial High Meadow Avenue in Martin County and ending north of Boulevard, Fort Lauderdale, Florida 33309 or email: Becker Road in St. Lucie County, Florida. The proposed [email protected]. improvements consist of expanding the northbound and Public participation is solicited without regard to race, color, southbound travel lanes and improving the interchanges within national origin, sex, age, religion, disability or family status. the study area. (Financial Project Identification Number Pursuant to the provisions of the Americans With Disabilities 422681-1-22-01, ETDM Number 13063, Federal Aid Project Act, any person requiring special accommodations to Number 0952-145-I). participate in the workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: Julio agency at least seven (7) days before the public Kick-Off Delgado, Project Manager, Florida Department of meeting by contacting: Julio Delgado at (954)777-4390 or Toll Transportation, District Four, 3400 West Commercial Free at 1(866)336-8435, ext. 4390 or by email: Boulevard, Fort Lauderdale, Florida 33309, email: [email protected]. Any persons who require [email protected]. translation services (free of charge) should also contact: Julio Public participation is solicited without regard to race, color, Delgado seven (7) days before the workshop. national origin, sex, age, religion, disability or family status. FOR MORE INFORMATION, YOU MAY CONTACT: Julio Pursuant to the provisions of the americans with disabilities Delgado, Florida Department of Transportation, District Four, act: Any person requiring special accommodations to 3400 West Commercial Boulevard, Fort Lauderdale, Florida participate in the workshop/meeting is asked to advise the 33309, (954)777-4390 or toll free at 1(866)336-8435, ext. 4390 agency at least seven (7) days before the elected officials and or by email: [email protected] by visiting the agencies kick-off kick-off meeting by contacting: Julio project website: http://www.i95martinnorth.com. Delgado at (954)777-4390 or toll free at 1(866)336-8435, ext. 4390 or by email: [email protected] Any persons THE CORRADINO GROUP, INC. who require translation services (free of charge) should also contact: Julio Delgado seven (7) days before the workshop. The Florida Department of Transportation (FDOT), District Four announces an Elected Officials/Agencies Kick-Off For more information, you may contact: Julio Delgado, Florida Meeting. Department of Transportation, District Four, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309, by DATE AND TIME: Tuesday, December 6, 2011, 1:30 p.m. telephone: (954)777-4390 or Toll Free: 1(866)336-8435, ext. PLACE: Florida Department of Transportation, District Four, 4390 or by email: [email protected] or by visiting Auditorium, 3400 West Commercial Boulevard, Fort the project website: http://www.i95martinnorth.com. Lauderdale, FL 33309 GENERAL SUBJECT MATTER TO BE CONSIDERED: FDOT, District Four, will conduct and Elected The Florida Department of Transportation (FDOT), District Officials/Agencies Kick-Off Meeting for the SR 9/1-95 Project Four, announces a public Kick-Off meeting to which all Development and Environment (PD&E) Study. Project Limits: persons are invited. From north of Oakland Park Boulevard (SR 816) to south of DATE AND TIME: Wednesday, December 7, 2011, Open glades Road (SR 808) in Broward and Palm Beach Counties, House, 5:00 p.m. – 7:00 p.m. Florida (Distance of approximately 13 miles). Financial Project PLACE: The Peter and Julie Cummings Library, 2551 S.W. No’s.: 409359-1-22-01 and 409355-1-22-01; Efficient Matheson Avenue, Palm City, Florida 34990 Transportation Decision Making (ETDM) No.: 3330. The GENERAL SUBJECT MATTER TO BE CONSIDERED: primary purpose for this project is to provide additional This public Kick-Off meeting is being conducted to present capacity to meet existing and future traffic needs as well as preliminary project information and obtain public comment for improve safety. The additional capacity will be provided by the the I-95 Project Development and Environment Study implementation of managed lanes also called High Occupancy (PD&E). The I-95 study corridor is approximately 12 miles in Tolled Lanes (HOT Lanes). This will improve emergency length, beginning south of S.W. High Meadow Avenue in access and enhance hurricane evacuation along the project Martin County and ending north of Becker Road in St. Lucie corridor. The project development analysis will also evaluate County, Florida. The proposed improvements consist of traffic capacity, operational and safety improvements, which expanding the northbound and southbound travel lanes and could include Active Traffic Management and Intelligent improving the interchanges within the study area. (Financial Transportation System (ITS) strategies, as well as ramp Project Identification Number 422681-1-22-01, ETDM interchange modifications, and bus rapid transit. Your Number 13063, Federal Aid Project Number 0952-145-I). participation is encouraged and appreciated.
Section VI - Notices of Meetings, Workshops and Public Hearings 3831 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Public Participation is solicited without regard to race, color, Transportation System (ITS) strategies, as well as ramp national origin, age, sex, religion, disability or family status. interchange modifications, and bus rapid transit. Your Pursuant to the provisions of the Americans with Disabilities participation is encouraged and appreciated. Act, any person requiring special accommodations to Public Participation is solicited without regard to race, color, participate in this meeting or persons who require translation national origin, age, sex, religion, disability or family status. services (free of charge) is asked to advise the agency at least 7 Pursuant to the provisions of the Americans with Disabilities days before the meeting by contacting: Mr. Henry A. Act, any person requiring special accommodations to Oaikhena, MPA, P.E. at (954)777-4445, Toll Free: participate in this meeting or persons who require translation 1(866)336-8435, ext. 4445 or by e-mail: henry.oaikhena@dot. services (free of charge) is asked to advise the agency at least 7 state.fl.us. If you are hearing or speech impaired, please days before the meeting by contacting: Mr. Henry A. contact the agency using the Florida Relay Service, Oaikhena, MPA, P.E. at (954)777-4445 or Toll Free: 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 1(866)336-8435, ext. 4445 or by e-mail: henry.oaikhena@dot. For more information, you may contact: Mr. Henry A. state.fl.us. If you are hearing or speech impaired, please Oaikhena, MPA, P.E., Project Manager, Florida Department of contact the agency using the Florida Relay Service, Transportation, District Four, 3400 West Commercial 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Boulevard, Fort Lauderdale, Florida 33309, (954)777-4445 or For more information, you may contact: Mr. Henry A. Toll Free: 1(866)336-8435, ext. 4445 or by e-mail: Oaikhena, MPA, P.E., Project Manager, Florida Department of [email protected]. You may also visit the project Transportation, District Four, 3400 West Commercial website: www.i95study.com. Boulevard, Fort Lauderdale, Florida 33309, (954)777-4445, Toll Free: 1(866)336-8435, ext. 4445 or by e-mail: The Florida Department of Transportation (FDOT), District [email protected]. You may also visit the project Four announces a public meeting to which all persons are website: www.i95study.com. invited. 1st Public Kick-Off Meeting Section VII DATE AND TIMES: Tuesday, December 6, 2011, 5:30 p.m. – Notices of Petitions and Dispositions 7:30 p.m.; Open House, 5:30 p.m.; Presentation, 6:00 p.m. PLACE: Florida Department of Transportation, District Four, Regarding Declaratory Statements Auditorium, 3400 West Commercial Boulevard, Fort Lauderdale, FL 33309 DEPARTMENT OF COMMUNITY AFFAIRS 2nd Public Kick-Off Meeting NOTICE IS HEREBY GIVEN that the Department of DATE AND TIMES: Thursday, December 8, 2011, 5:30 p.m. – Community Affairs, Florida Building Commission has 7:30 p.m.; Open House, 5:30 p.m.; Presentation, 6:00 p.m. received the petition for declaratory statement from Dan PLACE: Florida Atlantic University, Marleen & Harold Forkas Johnson on behalf of Swim, Incorporated, on October 26, Alumni Center, 777 Glades Road, Building #94, Boca Raton, 2011. It has been assigned the Number DS 2011-085. The FL 33431 petition seeks the agency’s opinion as to the applicability of GENERAL SUBJECT MATTER TO BE CONSIDERED: Sections R4101.6.1, Florida Building Code, Residential (2010) FDOT, District Four, will conduct two similar Public Kick-Off and 403.9, Florida Building Code, Energy Conservation (2010) Meetings for the SR 9/1-95 Project Development and as it applies to the petitioner. Environment (PD&E) Study. Project Limits: From Counties, The Petitioner is designing a 10,700 gallon residential Florida (Distance of approximately 13 miles. Financial Project swimming pool and requests clarification of the codes’ flow No’s.: 409359-1-22-01 and 409355-1-22-01; Efficient and velocity requirements for swimming pool piping. Transportation Decision Making (ETDM) No.: 3330. The A copy of the Petition for Declaratory Statement may be primary purpose for this project is to provide additional obtained by contacting: Ronda Bryan, Commission Clerk, capacity to meet existing and future traffic needs as well as Department of Business and Professional Regulation, 1940 improve safety. The additional capacity will be provided by the North Monroe Street, Suite 92, Tallahassee, Florida implementation of managed lanes also called High Occupancy 32399-2203. Tolled Lanes (HOT Lanes). This will improve emergency Please refer all comments to: Mr. Mo Madani, Department of access and enhance hurricane evacuation along the project Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, corridor. The project development analysis will also evaluate Florida 32399-2100, (850)487-1824 or Fax: (850)414-8436. traffic capacity, operational and safety improvements, which could include Active Traffic Management and Intelligent
3832 Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
NOTICE IS HEREBY GIVEN that the Florida Building Whether a mobile home park owner may amend a mobile Commission has received the petition for declaratory statement home prospectus to change a requirement for multi-section from Dan Johnson on behalf of Swim, Incorporated, on homes to single-section mobile homes for lots it has purchased October 26, 2011. It has been assigned the Number DS and leases along with a mobile home to tenants under Section 2011-085. The petition seeks the agency’s opinion as to the 723.059(3), Florida Statutes. applicability of Sections R4101.6.1, Florida Building Code, A copy of the Petition for Declaratory Statement may be Residential (2010) and 403.9, Florida Building Code, Energy obtained by contacting: Division Clerk, Department of Conservation (2010) as it applies to the petitioner. Business and Professional Regulation, Division of Florida The Petitioner is designing a 10,700 gallon residential Condominiums, Timeshares, and Mobile Homes, 1940 North swimming pool and requests clarification of the codes’ flow Monroe Street, Tallahassee, Florida 32399-2217. and velocity requirements for swimming pool piping. Please refer all comments to: Janis Sue Richardson, Chief A copy of the Petition for Declaratory Statement may be Assistant General Counsel, Department of Business and obtained by contacting: Ronda Bryan, Commission Clerk, Professional Regulation, Division of Florida Condominiums, Department of Business and Professional Regulation, 1940 Timeshares, and Mobile Homes, 1940 North Monroe Street, North Monroe Street, Suite 92, Tallahassee, Florida Tallahassee, Florida 32399-2202. 32399-2203. NOTICE IS HEREBY GIVEN that Construction Industry DEPARTMENT OF BUSINESS AND PROFESSIONAL Licensing Board has received the petition for declaratory REGULATION statement from Lawrence B. Lambert, Esq. on behalf of Homesure of America, Inc. and Cross Country Home Services, NOTICE IS HEREBY GIVEN that the Division of Florida Inc., filed on October 24, 2011. The petition seeks the agency’s Condominiums, Timeshares, and Mobile Homes, Department opinion as to the applicability of Sections 489.103(9) and of Business and Professional Regulation, State of Florida, has 489.105(3), Florida Statutes, as it applies to the petitioner. received the petition for declaratory statement from Tommy And whether a licensed home warranty association and service Puckett, In re: Pelican at Destin West Beach and Bayside warranty association must obtain an air conditioning or Resort Condominium Association, Inc., Docket No. mechanical contractors license to market and sell a program to 2011052540. The petition seeks the agency’s opinion as to the provide minor routine air conditioning preventative applicability of none cited as it applies to the petitioner. maintenance services using CCHS’ network of licensed Whether the Pelican at Destin West Beach and Bayside Resort contractors to provide the services, where the aggregate Condominium Association, Inc., may adopt a bylaw restricting contract price for labor, materials and all other items provided an owner’s candidacy for election based on election to another to each customer will be less than $1,000. condominium board. A copy of the Petition for Declaratory Statement may be A copy of the Petition for Declaratory Statement may be obtained by contacting: Drew Winters, Executive Director, obtained by contacting: Division Clerk, Department of Construction Licensing Board, P. O. Box 5257, Tallahassee, Business and Professional Regulation, Division of Florida Florida 32314-5257. Condominiums, Timeshares, and Mobile Homes, 1940 North Please refer all comments to: Drew Winters, Executive Monroe Street, Tallahassee, Florida 32399-2217. Director, Construction Licensing Board, P. O. Box 5257, Please refer all comments to: Janis Sue Richardson, Chief Tallahassee, Florida 32314-5257. Assistant General Counsel, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, NOTICE IS HEREBY GIVEN that Construction Industry Tallahassee, Florida 32399-2202. Licensing Board has received the petition for declaratory statement from Pete Quintella, Chief Mechanical Inspector, City of Miami Beach Building Department, filed on October NOTICE IS HEREBY GIVEN that the Division of Florida 27, 2011. The petition seeks the agency’s opinion as to the Condominiums, Timeshares, and Mobile Homes, Department applicability of Section 489.105(3)(g), Florida Statutes, as it of Business and Professional Regulation, State of Florida, has applies to the petitioner. received the petition for declaratory statement from Brian C. And whether it is in the scope of a Class B air conditioning Willis, Esq., on behalf of Bay Indies Home Owner’s contractor to replace a water cooled 2 ton unit which is Association, Inc., Docket No. 2011052329 on October 31, connected to the riser of a 500 ton water cooling tower. 2011. The petition seeks the agency’s opinion as to the applicability of Section 723.059(3), Florida Statutes, as it applies to the petitioner.
Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 3833 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
A copy of the Petition for Declaratory Statement may be Notice of Disposition of Petition for Administrative obtained by contacting: Drew Winters, Executive Director, Determination have been filed by the Division of Construction Licensing Board, P. O. Box 5257, Tallahassee, Administrative Hearings on the following rules: Florida 32314-5257. Please refer all comments to: Drew Winters, Executive NONE Director, Construction Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257. Section IX Notices of Petitions and Dispositions DEPARTMENT OF HEALTH Regarding Non-rule Policy Challenges NOTICE IS HEREBY GIVEN that the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health NONE Counseling has issued an order disposing of the petition for declaratory statement filed by Irina Fredericks, LMHC on behalf of Florida International University on September 6, Section X 2011. The following is a summary of the agency’s disposition Announcements and Objection Reports of of the petition: the Joint Administrative Procedures The Notice of Petition for Declaratory Statement published on Committee September 16, 2011, in Vol. 37, No. 37, of the Florida Administrative Weekly. The petition seeks the Board’s interpretation of “appropriately trained” as referenced in NONE Section 491.003(9)(b), Florida Statutes. The petition also asks the following question to the Board regarding Section Section XI 491.003(9), F.S., entitled, “Definitions.” “Is a LMHC who is a Qualified Supervisor for LMHC’s and who completed the Announcements and Objection Reports of majority of his or her 1000 hours of Practicum and Internship the Joint Administrative Procedures specifically in psychological testing eligible to (1) charge for Committee and sign off reports of psychological testing and (2) supervise the PCP student who are interested in receiving the Graduate NONE Certificate in Psychological Assessment?” The Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling considered the Petition at a duly Section XII noticed public meeting held on October 13, 2011, in Tampa, Notices Regarding Bids, Proposals and Florida. The Board’s Order filed on October 26, 2011, stated Purchasing that the Board determined that it did not have sufficient information to answer the questions. Based on the lack of information, the Board declined to answer the petition. DEPARTMENT OF EDUCATION A copy of the Order Disposing of the Petition for Declaratory NOTICE TO PROFESSIONAL CONSULTANTS Statement may be obtained by contacting: Susan Foster, The University of Central Florida announces that continuing Executive Director, Board of Clinical Social Work, Marriage professional services for certain projects are required in the and Family Therapy and Mental Health Counseling, 4052 Bald following discipline: Building Envelope includes, analysis and Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258. inspection of: roofing, exterior walls, windows, and doors. The projects will consist of Building Envelope services for the Section VIII University of Central Florida main and associated campuses. Notices of Petitions and Dispositions These services will also include developing design and construction standards and working with the University’s Regarding the Validity of Rules Facilities Planning and Construction and Facilities Operations Departments on various projects. Notice of Petition for Administrative Determination has Projects included in the scope of this agreement will be been filed with the Division of Administrative Hearings on specific projects for the University of Central Florida main and the following rules: associated campuses. Campus Service contracts for these projects provide that the consultant will be available on an NONE as-needed basis. The consultant receiving the award will not
3834 Section VIII - Notices of Petitions and Dispositions Regarding the Validity of Rules Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 have an exclusive contract to perform services for these Central Florida, Phone (407)823-2166, Fax (407)823-5141, projects. The university may have additional campus service Email: [email protected], or the Facilities Planning and professionals under contract during the same time period. Construction Website: www.fp.ucf.edu under the heading Firms desiring to provide professional services shall apply by advertisements. letter specifying the discipline for which they are applying. Four (4) bound copies of the required proposal data shall be Proximity of location will be a prime factor in the selection of submitted to: Mrs. Gina Seabrook, Facilities Planning and the firm. Firms will be evaluated in the following areas: Construction, 4000 Central Florida Blvd., Post Office Box experience of professional personnel, recent and projected 163020, Orlando, FL 32816-3020, by 5:00 p.m. December 9, workload, location, past performance, and the ability to meet 2011. Late submissions will not be accepted. Facsimile (FAX) time and budget requirements. submittals are not acceptable and will not be considered. Carefully review the Contract and General Conditions documents. Submitting a proposal for this project constitutes PUBLIC ANNOUNCEMENT FOR CONSTRUCTION complete agreement with and acceptance of the terms and MANAGEMENT SERVICES conditions contained within these documents. These NOTICE OF CORRECTION FOR PROJECT NUMBER: documents can be found on our website at www.fp.ucf.edu FSDB – 20120002 and 20120004 – In the paragraph, with the advertisement. Please note that the University of INSTRUCTIONS FOR SUBMITTAL, the website was Central Florida will not compensate for lodging or food inadvertently published incorrectly in Vol. 37, No. 43, October associated with this project. 28, 2011, Florida Administrative Weekly. The paragraph Attach to each letter of application: should have read: 1. The most recent version of the Florida Board of Education INSTRUCTIONS FOR SUBMITTAL: Firms interested in “Professional Qualifications Supplement” (PQS) dated being considered for this project should contact The Florida 7/03, completed by the applicant. Do not alter the PQS School for the Deaf and the Blind, Laura Bowden, Contract form. Administrator, by email: [email protected] requesting 2. A copy of the applicant’s current Professional Registration instruction booklet “Selection of the Construction Certificate from the appropriate governing board. An Management firm, dated January 2009.” applicant must be properly registered at the time of application to practice its profession in the State of DEPARTMENT OF MANAGEMENT SERVICES Florida. If the applicant is a corporation, it must be properly chartered by the Florida Department of State to PUBLIC ANNOUNCEMENT REQUESTING BIDS operate in Florida. FROM QUALIFIED GENERAL CONTRACTORS Submit four (4) copies of the above requested data bound in the PROPOSALS ARE REQUESTED FROM QUALIFIED order listed above. Applications that do not comply with the GENERAL CONTRACTORS BY THE DEPARTMENT OF above instructions will not be considered. Application material MANAGEMENT SERVICES AND FLORIDA INSTITUTE will not be returned. OF TECHNOLOGY. The selection committee members have elected not to meet PROJECT NUMBER: DOE-10018000 with proposed firms. Please do not contact the selection PROJECT NAME: WFIT Radio Studio Addition to Gleason committee. Auditorium (Bid Part “A” for DMS) and Gleason Auditorium The plans and specifications for projects are subject to re-use Improvements (Bid Part “B” for FIT) on Florida Institute of in accordance with the provisions of Section 287.055, Florida Technology, Melbourne Campus Note: There will be a separate Statutes. As required by Section 287.133, Florida Statutes, a contract from each respective owner with no responsibility or consultant may not submit a proposal for this project if it is on obligation to make payments on the others’ contract. the convicted vendor list for a public entity crime committed PROJECT LOCATION: Gleason Auditorium, 150 W. within the past 36 months. The selected consultant must University Blvd., Florida Institute of Technology, Melbourne, warrant that it will neither utilize the services of, nor contract FL 32901 with, any supplier, subcontractor, or consultant in excess of MANADATORY PRE-BID MEETING: November 22, 2011, $15,000.00 in connection with this project for a period of 36 10:30 a.m., at Gleason Auditorium months from the date of their being placed on the convicted BID OPENING: December 22, 2011, 10:30 a.m., at Gleason vendor list. Auditorium Project Fact Sheet contains the selection criteria, which is the ESTIMATED BASE BID CONSTRUCTION BUDGET: primary basis for determining the shortlist. The Project Fact $1,500,000 Bid Part “A” and $250,000 Bid Part “B” Sheet, Professional Qualifications Supplement forms, PREQUALIFIED BIDDERS: Refer to DMS Website (link descriptive project information, and selection criteria may be below) for further details on Mandatory Specific Experience. obtained by contacting: Ms. Gina Seabrook, University of
Section XII - Notices Regarding Bids, Proposals and Purchasing 3835 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
The award will be made in accordance with Section 255.29, the Vendor Bid System website. Addenda will not be sent F.S., and the procedures and criteria of the Department of directly to plan holders, except in limited circumstances and at Management Services, Division of Real Estate Development the discretion of the Department. When the Department and Management. Award will be to lowest combined bidder determines that circumstances warrant sending addenda Part “A” and “B”. directly to plan holders, a notice will be posted on the website Please visit the Department’s Website: http://fcn.state.fl.us/ notifying vendors that addenda have been sent. Addenda must owa_vbs/owa/vbs_www.main_menu and click on “Search be acknowledged and included in each vendor’s bid package. Advertisements – Division of Real Estate Development and Failure to include acknowledged addenda in the bid package is Management” Look for “Opportunities for Design and grounds for disqualification of the vendor’s bid. Construction Firms” and click on link. MINORITY BUSINESS REQUIREMENT: The Department of Environmental Protection supports diversity in its DEPARTMENT OF ENVIRONMENTAL PROTECTION Procurement Program and requests that all sub-contracting opportunities afforded by this bid embrace diversity NOTICE OF INVITATION TO BID enthusiastically. The award of sub-contracts should reflect the BID NO. BDC 19-11/12 full diversity of the citizens of the State of Florida. The The Department of Environmental Protection, Division of Department will be glad to furnish a list of Minority Owned Recreation and Parks, Bureau of Design and Construction is Firms that could be offered sub-contracting opportunities. soliciting formal competitive bids from certified or registered PREQUALIFICATION: When the total Bid including contractors licensed to work in the jurisdiction for the project Alternates exceeds $200,000, each Bidder whose field is listed below: governed by Chapter 399, 455, 489 or 633, Florida Statutes, for PROJECT NAME: Curry Hammock State Park- 3 Bay Shop licensure or certification, must submit the following Building prequalification data of their eligibility to submit bids 240 SCOPE OF WORK: The Contractor shall provide the hours (10 days) PRIOR TO the Bid Opening date, unless the necessary labor, materials, equipment, and supervision to Bidder has been previously qualified by the Department of construct of a new three bay shop facility to include bringing in Environmental Protection for the current biennium (July 1 – fill, utilities (water, electric, sewer, communications), June 30) of odd numbered years in accordance with subsection structural and slab concrete work, masonry work, general 60D-5.004(2), F.A.C., as evidenced by a letter from DEP to the construction work, rough and finish carpentry, and driveway Bidder, which letter shall be presented to DEP upon request. If work. the Department requires clarification or additional information, Pursuant to Executive Order 07-126 and Section 255.252(3), Bidder shall submit such information by 120 hours (5 days) F.S. the Department requires the proposed project be designed prior to Bid Opening. Material submitted after those deadlines and constructed in accordance with green building standards shall disqualify the Bidder. where applicable. ADA REQUIREMENTS: Any person with a qualified PROJECT BUDGET: $300,000.00 disability shall not be denied equal access and effective PARK LOCATION: Curry Hammock State Park, 56200 communication regarding any bid/proposal documents or the Overseas Highway, Marathon in Monroe County, Florida. attendance at any related meeting or bid/proposal opening. If PROJECT MANAGER: Dean Stoddart, Bureau of Design and accommodations are needed because of disability, please Construction, Alfred B. Maclay Gardens State Park, 3540 contact: Michael Renard, Bureau of Design and Construction, Thomasville Road, Tallahassee, Florida 32309, (850)488-5372 at least five (5) workdays prior to openings. If (850)488-5372, Fax: (850)488-1141. you are hearing or speech impaired, please contact the Florida INSTRUCTIONS: Any firm desiring a Project Manual for this Relay Services by calling 1(800)955-8771 (TDD) or project may obtain a copy by writing to the address or calling 1(800)955-8770 (Voice). the telephone number below. A Compact Disk (CD) containing BID SUBMITTAL DUE DATE: No later than 2:00 p.m. (ET), the plans and specifications will be available on November 10, Tuesday, December 6, 2011 to the below address: Florida 2011, at Curry Hammock State Park, 56200 Overseas Department of Environmental Protection, Bureau of Design Highway, Marathon, Florida 33050, Attention: Kenneth Troisi, and Construction, 3540 Thomasville Road, Tallahassee, Park Manager, (305)289-2690, Fax: (305)289-2693. Florida 32309, Attention: Michael Renard, Construction NOTICE TO ALL VENDORS: All bid solicitations are subject Projects Administrator, Bureau of Design and Construction, to change. It is the responsibility of the vendor to verify with (850)488-5372. The Department reserves the right to reject any the Department of Management Services, Vendor Bid System or all bids. website for any future addendums, questions, revisions, etc., BID POSTING DATE: No later than 2:00 p.m. (ET), Tuesday, prior to the bid opening. Failure to do so will be the sole December 13, 2011, unless extended by the Department for responsibility of the vendor. Addenda will be posted only on good cause.
3836 Section XII - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
NOTICE OF RIGHTS: Notice of Intent to Protest the Bid equipment; removal and replacement of toilet and shower Specifications must be filed with (received by) the Agency facilities; removal and replacement of HVAC equipment; and Clerk, Lea Crandall, Department of Environmental Protection, removal and replacement of interior partitions to reconfigure Office of General Counsel, MS #35, 3900 Commonwealth office spaces, toilets and showers. The roofing will be replaced Blvd., Tallahassee FL 32399-3000, (850)245-2242, Fax: in its entirety. An addition of a new storage facility will be (850)245-2303, email: [email protected] during the constructed at the rear of the armory. The exterior enclosure of 72-hour period after Bid Specifications are posted on the the armory will be made more storm resistant by replacing all Vendor Bid System. Failure to file a Notice of Intent to Protest windows and doors with impact resistant and energy efficient or a formal, written Protest in accordance with Chapter 28-110, units. The exterior walls and remaining interior walls will be F.A.C., within ten days after the 72-hour period ends, as repaired and repainted. All existing suspended ceilings will be prescribed in Section 120.57(3), Florida Statutes, shall replaced with new, and a suspended ceiling will be added to the constitute a waiver of your right to an administrative hearing assembly hall. on the Bid Specifications under Chapter 120, Florida Statutes. The Department reserves the right to reject any and all Rules for bid protests can be found in Sections 120.569 and submissions, or accept minor irregularities in the best interest 120.57, F.S., and Chapter 28-110, Florida Administrative of the DMA. Code. A bid protester shall comply with these statutes and POINT OF CONTACT: Department of Military Affairs, rules. Construction and Facility Management Office, Contract Management Branch, (904)823-0256, (904)827-8544 or DEPARTMENT OF MILITARY AFFAIRS e-mail: [email protected]. INVITATION TO BID The State of Florida, Department of Military Affairs, Section XIII Construction and Facility Management Office requests bids Miscellaneous from State of Florida registered licensed General and/or Building Contractors (as required by Florida Law) for the DEPARTMENT OF HIGHWAY SAFETY AND MOTOR following project located at Florida National Guard Armory, VEHICLES 38017 Live Oak Avenue, Dade City, FL 33523. FOR COMPLETE INFORMATION, AND SUBMISSION Notice of Publication for a New Point REQUIREMENTS YOU MUST GO TO THE Franchise Motor Vehicle Dealer in a County of Less MYFLORIDA.COM VENDOR BID SYSTEM ON OR than 300,000 Population AFTER 11/11/2011 AT: Pursuant to Section 320.642, Florida Statutes, notice is http://vbs.dms.state.fl.us/vbs/main_menu. given that BMW of North America, LLC, intends to allow the FUNDING: The State of Florida’s performance and obligation establishment of Corsair Powersports of Jacksonville, Inc., to pay under this contract is contingent upon availability of d/b/a BMW Motorcycles of Jacksonville as a dealership for the funding and an annual appropriation by the Legislature. These sale of motorcycles manufactured by BMW (line-make BMW) projects will be awarded based upon the availability of Federal at 1515 Wells Road, Orange Park (Clay County), Florida Cooperative Agreement End of Year Funding. There is no 32073, on or after December 11, 2011. promise or guarantee this project will be awarded in Fiscal The name and address of the dealer operator(s) and Year 2011 or Fiscal Year 2012 if funds are not received. principal investor(s) of Corsair Powersports of Jacksonville, BID OPENING DATE: As stated on the Vendor Bid System Inc., d/b/a BMW Motorcycles of Jacksonville are dealer (late bids will not be accepted) operator(s): Don Passell, 1164 Wyndegate Drive, Orange Park, MANDATORY PRE-BID/SITE VISIT DATE: As stated on Florida 32073, principal investor(s): Don Passell, 1164 the Vendor Bid System Wyndegate Drive, Orange Park, Florida 32073. PROJECT DESCRIPTION: Florida Armory Renovation The notice indicates intent to establish the new point Program (FARP) location in a county of less than 300,000 population, according Florida National Guard Armory Renovation – Dade City, to the latest population estimates of the University of Florida, Pasco County, Florida. Bureau of Economic and Business Research. This project will renovate the Dade City Armory which was Certain dealerships of the same line-make may have originally built in the 1950s. The goal is to upgrade the facility standing, pursuant to Section 320.642, Florida Statutes, to file to current Florida Codes, as well as revise the interior space to a petition or complaint protesting the application. better accommodate the current needs of the Florida Army Written petitions or complaints must be received by the National Guard. The renovation will include the removal and Department of Highway Safety and Motor Vehicles within 30 replacement of existing power and lighting, wiring and days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Administrator, Dealer License
Section XIII - Miscellaneous 3837 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
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 compliance with the provisions of Chapter 320, Florida Apalachee Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Lou Provato, BMW of North America LLC, 200 Notice of Publication for a New Point Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677. Franchise Motor Vehicle Dealer in a County of More 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 Power Group International, LLC, intends to allow the establishment of the dealership, subject to the applicant’s the establishment of Family Power Sports, LLC, as a compliance with the provisions of Chapter 320, Florida dealership for the sale of low-speed vehicles manufactured by Statutes. Tomberlin Automotive Group (line-make TOMB) at 7914 B US Highway 19 North, Port Richey (Pasco County), Florida Notice of Publication for a New Point 34668, on or after December 11, 2011. Franchise Motor Vehicle Dealer in a County of More The name and address of the dealer operator(s) and than 300,000 Population principal investor(s) of Family Power Sports, LLC, are dealer Pursuant to Section 320.642, Florida Statutes, notice is operator(s): Stuart Taft, 7914 B Highway 19 North, Port given that Power Group International, LLC, intends to allow Richey, Florida 34668; principal investor(s): Stuart Taft, 7914 the establishment of Family Power Sports, LLC, as a B Highway 19 North, Port Richey, Florida 34668. dealership for the sale of motorcycles manufactured by Jiangsu The notice indicates intent to establish the new point Linhai Power Machinery Group (line-make LINH) at 7914 B location in a county of more than 300,000 population, US Highway 19 North, Port Richey (Pasco County), Florida according to the latest population estimates of the University of 34668, on or after December 11, 2011. Florida, 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 Family Power Sports, LLC, are dealer standing, pursuant to Section 320.642, Florida Statutes, to file operator(s): Stuart Taft, 7914 B Highway 19 North, Port a petition or complaint protesting the application. Richey, Florida 34668; principal investor(s): Stuart Taft, 7914 Written petitions or complaints must be received by the B Highway 19 North, Port Richey, Florida 34668. Department of Highway Safety and Motor Vehicles within 30 The notice indicates intent to establish the new point days of the date of publication of this notice and must be location in a county of more than 300,000 population, submitted to: Nalini Vinayak, Administrator, Dealer License according to the latest population estimates of the University of Section, Department of Highway Safety and Motor Vehicles, Florida, Bureau of Economic and Business Research. Room A-312, MS #65, Neil Kirkman Building, 2900 Certain dealerships of the same line-make may have Apalachee Parkway, Tallahassee, Florida 32399-0635. standing, pursuant to Section 320.642, Florida Statutes, to file A copy of such petition or complaint must also be sent by a petition or complaint protesting the application. U.S. Mail to: Elinore Hollingsworth, Power Group Written petitions or complaints must be received by the International, LLC, 3123 Washington Road, Augusta, Georgia Department of Highway Safety and Motor Vehicles within 30 30907. 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 the establishment of the dealership, subject to the applicant’s Apalachee 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: Elinore Hollingsworth, Power Group International, LLC, 3123 Washington Road, Augusta, Georgia Notice of Publication for a New Point 30907. Franchise Motor Vehicle Dealer in a County of More 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 Power Group International, LLC, intends to allow the establishment of Family Power Sports, LLC, as a dealership for the sale of motorcycles manufactured by
3838 Section XIII - Miscellaneous Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Taizhou Zhongneng Motorcycles Co. Ltd. (line-make ZHNG) The notice indicates intent to establish the new point at 7914 B US Highway 19 North, Port Richey (Pasco County), location in a county of more than 300,000 population, Florida 34668, on or after December 11, 2011. according to the latest population estimates of the University of The name and address of the dealer operator(s) and Florida, Bureau of Economic and Business Research. principal investor(s) of Family Power Sports, LLC, are dealer Certain dealerships of the same line-make may have operator(s): Stuart Taft, 7914 B Highway 19 North, Port standing, pursuant to Section 320.642, Florida Statutes, to file Richey, Florida 34668; principal investor(s): Stuart Taft, 7914 a petition or complaint protesting the application. B Highway 19 North, Port Richey, Florida 34668. 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 standing, pursuant to Section 320.642, Florida Statutes, to file Apalachee 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: L. Lodge Weber, The Vehicle Production Group, Department of Highway Safety and Motor Vehicles within 30 LLC, 1395 Brickell Avenue, Suite 630, Miami, Florida 33131. 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 the establishment of the dealership, subject to the applicant’s Apalachee 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: Elinore Hollingsworth, Power Group International, LLC, 3123 Washington Road, Augusta, Georgia Notice of Publication for a New Point 30907. Franchise Motor Vehicle Dealer in a County of More 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 The Vehicle Production Group, LLC, intends to the establishment of the dealership, subject to the applicant’s allow the establishment of O’Brien Imports of Ft. Myers, Inc., compliance with the provisions of Chapter 320, Florida d/b/a MV-1 of Fort Myers as a dealership for the sale of Statutes. low-speed vehicles manufactured by The Vehicle Production Group, LLC (line-make VHPG) at 2850 Colonial Boulevard, Notice of Publication for a New Point Fort Myers (Lee County), Florida 33966, on or after December Franchise Motor Vehicle Dealer in a County of More 11, 2011. 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 O'Brien Imports of Ft. Myers, Inc., given that The Vehicle Production Group, LLC, intends to d/b/a MV-1 of Fort Myers are dealer operator(s): Joseph D. allow the establishment of Mobility Vehicle Solutions, LLC, O’Brien, 2850 Colonial Boulevard, Fort Myers, Florida 33966; d/b/a MV-1 of Orlando as a dealership for the sale of low-speed principal investor(s): Joseph D. O’Brien, 2850 Colonial vehicles manufactured by The Vehicle Production Group, LLC Boulevard, Fort Myers, Florida 33966. (line-make VHPG) at 4175 South Orlando Drive, Sanford The notice indicates intent to establish the new point (Seminole County), Florida 32773, on or after December 11, location in a county of more than 300,000 population, 2011. according to the latest population estimates of the University of The name and address of the dealer operator(s) and Florida, Bureau of Economic and Business Research. principal investor(s) of Mobility Vehicle Solutions, LLC, d/b/a Certain dealerships of the same line-make may have MV-1 of Orlando are dealer operator(s): William L. Bishop, standing, pursuant to Section 320.642, Florida Statutes, to file 4175 South Orlando Drive, Sanford, Florida 32773; principal a petition or complaint protesting the application. investor(s): William L. Bishop, 4175 South Orlando Drive, Written petitions or complaints must be received by the Sanford, Florida 32773. Department of Highway Safety and Motor Vehicles within 30 days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Administrator, Dealer License
Section XIII - Miscellaneous 3839 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
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 of the date of publication, a final order will be issued by the Apalachee 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: L. Lodge Weber, The Vehicle Production Group, compliance with the provisions of Chapter 320, Florida LLC, 1395 Brickell Avenue, Suite 630, Miami, Florida 33131. 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 More 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 The Vehicle Production Group, LLC, intends to allow the establishment of Vera-Williamson Investments, Inc., Notice of Publication for a New Point d/b/a MV-1 of South Florida as a dealership for the sale of Franchise Motor Vehicle Dealer in a County of More low-speed vehicles manufactured by The Vehicle Production than 300,000 Population Group, LLC (line-make VHPG) at 300 South University Drive, Pursuant to Section 320.642, Florida Statutes, notice is Pembroke Pines (Broward County), Florida 33025, on or after given that The Vehicle Production Group, LLC, intends to December 11, 2011. allow the establishment of Schumacher Auto Group, Inc., d/b/a The name and address of the dealer operator(s) and MV-1 of Palm Beach as a dealership for the sale of low-speed principal investor(s) of Vera-Williamson Investments, Inc., vehicles manufactured by The Vehicle Production Group, LLC d/b/a MV-1 of South Florida are dealer operator(s): Louis Vera, (line-make VHPG) at 3031 Okeechobee Boulevard, West Palm 300 South University Drive, Pembroke Pines, Florida 33025; Beach (Palm Beach County), Florida 33409, on or after principal investor(s): Louis Vera, 300 South University Drive, December 11, 2011. Pembroke Pines, Florida 33025. The name and address of the dealer operator(s) and The notice indicates intent to establish the new point principal investor(s) of Schumacher Auto Group, Inc., d/b/a location in a county of more than 300,000 population, MV-1 of Palm Beach are dealer operator(s): Charles A. according to the latest population estimates of the University of Schumacher, 3021 Okeechobee Boulevard, West Palm Beach, Florida, Bureau of Economic and Business Research. Florida 33409; principal investor(s): Charles A. Schumacher, Certain dealerships of the same line-make may have 3021 Okeechobee Boulevard, West Palm Beach, Florida standing, pursuant to Section 320.642, Florida Statutes, to file 33409. a petition 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 more than 300,000 population, Department of Highway Safety and Motor Vehicles within 30 according to the latest population estimates of the University of days of the date of publication of this notice and must be Florida, 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, to file Room A-312, MS #65, Neil Kirkman Building, 2900 a petition or complaint protesting the application. Apalachee 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: L. Lodge Weber, The Vehicle Production Group, days of the date of publication of this notice and must be LLC, 1395 Brickell Avenue, Suite 630, Miami, Florida 33131. 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 Department of Highway Safety and Motor Vehicles approving Apalachee Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by U.S. Mail to: L. Lodge Weber, The Vehicle Production Group, LLC, 1395 Brickell Avenue, Suite 630, Miami, Florida 33131.
3840 Section XIII - Miscellaneous Florida Administrative Weekly Volume 37, Number 45, November 10, 2011 the establishment of the dealership, subject to the applicant’s DEPARTMENT OF HEALTH compliance with the provisions of Chapter 320, Florida Notice of Emergency Action Statutes. On October 27, 2011, State Surgeon General issued an Order of Emergency Suspension Order with regard to the license of REGIONAL PLANNING COUNCILS Augusto Gabriel Lizarazo, M.D., License #ME 85422. This North Central Florida Regional Planning Council Emergency Suspension Order was predicated upon the State Comprehensive Economic Development Strategy 2008-2012 Surgeon General’s findings of an immediate and serious 30 Day Comment Period North Central Florida Regional danger to the public health, safety and welfare pursuant to Planning Council has published draft amendments to the Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Comprehensive Economic Development Strategy 2008-2012 The State Surgeon General determined that this summary report for the North Central Florida Regional Planning Council procedure was fair under the circumstances, in that there was region. Prior to adopting and submitting the amendments to the no other method available to adequately protect the public. U.S. Economic Development Administration, a 30-day period of public comment is required. Notice of Emergency Action PUBLICATION: The draft amendments to the Comprehensive On November 1, 2011, State Surgeon General issued an Order Economic Development Strategy 2008-2012 report are of Emergency Suspension Order with regard to the license of available for review on the North Central Florida Regional Elio Madan, M.D., License #ME 61095. This Emergency Planning Council website at: www.ncfrpc.org. Copies are also Suspension Order was predicated upon the State Surgeon available upon request from the business address listed at the General’s findings of an immediate and serious danger to the end of this notice. public health, safety and welfare pursuant to Sections DATE AND TIME: Public comment period is from publication 456.073(8) and 120.60(6), Florida Statutes (2010). The State of this notice through December 13, 2011, by 5:00 p.m. Surgeon General determined that this summary procedure was GENERAL SUBJECT MATTER TO BE CONSIDERED: fair under the circumstances, in that there was no other method Amendments to the Comprehensive Economic Development available to adequately protect the public Strategy 2008-2012 for the North Central Florida Regional Planning Council region. Comments will be forwarded to the Notice of Emergency Action North Central Florida Regional Planning Council for On November 1, 2011, State Surgeon General issued an Order consideration prior to final adoption of the amendments at its of Emergency Suspension Order with regard to the license of January 26, 2012 meeting. Stephanie M. Jerome, R.N., License #RN 9288455. This COMMENTS: Comments should be received no later than Emergency Suspension Order was predicated upon the State December 13, 2011 by 5:00 p.m. and should be submitted Surgeon General’s findings of an immediate and serious either by email: [email protected] or write: Bryan Thomas, danger to the public health, safety and welfare pursuant to Economic Development Director, North Central Florida Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Regional Planning Council, 2009 N.W. 67th Place, The State Surgeon General determined that this summary Gainesville, Florida 32653. procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. DEPARTMENT OF ENVIRONMENTAL PROTECTION Office of Intergovernmental Programs Notice of Emergency Action The state is coordinating reviews of federal activities and On November 1, 2011, State Surgeon General issued an Order federally funded projects as required by Section 403.061(40), of Emergency Suspension Order with regard to the license of F.S. A list of projects, comments deadlines and the address for Niver Placeres, R.N., License #RN 9239814. This Emergency providing comments are available at: http://appprod.dep.state. Suspension Order was predicated upon the State Surgeon fl.us/clearinghouse/. For information, call: (850)245-2161. General’s findings of an immediate and serious danger to the This public notice fulfills the requirements of 15 CFR 930. public health, safety and welfare pursuant to Sections 456.073(8) and 120.60(6), Florida Statutes (2010). The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was no other method available to adequately protect the public.
Section XIII - Miscellaneous 3841 Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Notice of Emergency Action specified in Chapter 69U-105, Florida Administrative Code, On November 1, 2011, State Surgeon General issued an Order any person may request a public hearing by filing a petition of Emergency Suspension Order with regard to the license of with the Agency Clerk as follows: Robert Frederick Cefola, R.R.T., License #RRT 5677. This By Mail or Facsimile OR By Hand Delivery Emergency Suspension Order was predicated upon the State Agency Clerk Agency Clerk Surgeon General’s findings of an immediate and serious Office of Financial Regulation Office of Financial danger to the public health, safety and welfare pursuant to Regulation Sections 456.073(8) and 120.60(6), Florida Statutes (2010). P. O. Box 8050 General Counsel’s Office The State Surgeon General determined that this summary Tallahassee, Florida 32314-8050 The Fletcher Building procedure was fair under the circumstances, in that there was Suite 118 no other method available to adequately protect the public. Phone (850)410-9800 101 East Gaines Street, Fax: (850)410-9548 Tallahassee, Florida DEPARTMENT OF CHILDREN AND FAMILY 32399-0379 SERVICES Phone: (850)410-9889 NOTICE OF RENEWAL OF The Petition must be received by the Clerk within twenty-one FLORIDA’S STATE PLAN FOR TANF (21) days of publication of this notice (by 5:00 p.m., December Notice is hereby given that the Department of Children and 1, 2011): Families Services, Economic Self-Sufficiency Program, has APPLICATION TO MERGE submitted the renewal of the Florida State Plan for Temporary Constituent Institutions: SUN Credit Union, Hollywood, Cash Assistance for Needy Families for Federal Fiscal Years Florida, and Miami Shores Village Employees Federal Credit 10/01/11-9/30/14. Union, Miami Shores, Florida To receive a copy of the submitted state plan email: Resulting Institution: SUN Credit Union [email protected], call: (850)717-4113 or write: Received: October 26, 2011 ACCESS Florida Headquarters, 1317 Winewood Boulevard, APPLICATION TO ACQUIRE CONTROL Building 3, Room 406, Tallahassee, Florida 32399-0700. The Financial Institution to be Acquired: Legacy Bank of Florida, Department will accept written comments from the public on Boca Raton, Florida this submitted state plan renewal through 5:00 p.m., December Proposed Purchasers: Martin Diaz Alvarez, Alejandro 27, 2011, submitted to the above address. Rodriguez Blanco, Adelaida Capriles de Brillembourg, Carlos Jose Acosta Lopez and Miguel A. Capriles Lopez FINANCIAL SERVICES COMMISSION Received: October 27, 2011 NOTICE OF FILINGS APPLICATION TO MERGE Notice is hereby given that the Office of Financial Regulation, Constituent Institutions: 1st United Bank, Boca Raton, Florida, Division of Financial Institutions, has received the following and Anderen Bank, Palm Harbor, Florida applications. Comments may be submitted to the Division Resulting Institution: 1st United Bank Director, 200 East Gaines Street, Tallahassee, Florida Received: November 1, 2011 32399-0371, for inclusion in the official record without requesting a hearing. However, pursuant to provisions
3842 Section XIII - Miscellaneous Florida Administrative Weekly Volume 37, Number 45, November 10, 2011
Section XIV Rule No. File Date Effective Proposed Amended Index to Rules Filed During Preceding Week Date Vol./No. Vol./No. DEPARTMENT OF FINANCIAL SERVICES RULES FILED BETWEEN October 24, 2011 Division of Insurance Agents and Agency Services and October 28, 2011 69B-215.235 10/27/11 11/16/11 37/25 37/37 Rule No. File Date Effective Proposed Amended 69B-221.010 10/24/11 11/13/11 37/32 Date Vol./No. Vol./No. Division of Risk Management DEPARTMENT OF AGRICULTURE AND CONSUMER 69H-3.001 10/24/11 11/13/11 37/34 SERVICES 69H-3.002 10/24/11 11/13/11 37/34 Division of Marketing and Development 69H-3.003 10/24/11 11/13/11 37/34 5H-5.001 10/28/11 11/17/11 37/31 69H-3.004 10/24/11 11/13/11 37/34 5H-5.004 10/28/11 11/17/11 37/31 69H-3.005 10/24/11 11/13/11 37/34 69H-3.006 10/24/11 11/13/11 37/34 DEPARTMENT OF ENVIRONMENTAL PROTECTION 69H-3.007 10/24/11 11/13/11 37/34 Division of Beaches and Shores 69H-3.008 10/24/11 11/13/11 37/34 62B-41.002 10/28/11 11/17/11 36/35 36/47 69H-3.009 10/24/11 11/13/11 37/34 62B-41.003 10/28/11 11/17/11 36/35 36/47 62B-41.005 10/28/11 11/17/11 36/35 36/47 Division of Funeral, Cemetery and Consumer Services 69K-13.005 10/24/11 11/13/11 37/33 DEPARTMENT OF HEALTH Board of Dentistry Division of Workers’ Compensation 64B5-16.002 10/27/11 11/16/11 37/32 69L-7.100 10/24/11 11/13/11 37/24 37/36
Board of Pharmacy LIST OF RULES AWAITING LEGISLATIVE 64B16-26.351 10/28/11 11/17/11 36/37 36/43 APPROVAL PURSUANT TO (CHAPTER 2010-279, LAWS OF FLORIDA) FISH AND WILDLIFE CONSERVATION COMMISSION DEPARTMENT OF AGRICULTURE AND CONSUMER Freshwater Fish and Wildlife SERVICES 68A-15.063 10/25/11 11/14/11 37/38 Division of Standards 68A-17.005 10/25/11 11/14/11 37/38 5F-11.002 7/7/11 ***** 37/14 68A-27.0001 10/25/11 11/14/11 37/17 68A-27.001 10/25/11 11/14/11 37/38 DEPARTMENT OF FINANCIAL SERVICES 68A-27.0012 10/25/11 11/14/11 37/17 Division of Workers’ Compensation 68A-27.003 10/25/11 11/14/11 37/17 69L-7.020 10/24/11 ***** 37/24 37/36 68A-27.0031 10/25/11 11/14/11 37/17
Manatees 68C-22.010 10/25/11 11/14/11 37/12 37/39
Section XIV - Index to Rules Filed During Preceding Week 3843