Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Section I Program policy handbook and are being incorporated into the Notices of Development of Proposed Rules Medicaid Early Intervention Services Program Coverage and Limitations Handbook. and Negotiated Rulemaking SUBJECT AREA TO BE ADDRESSED: Early Intervention Services. DEPARTMENT OF EDUCATION An additional area to be addressed during the workshop will be State Board of Education the potential regulatory impact Rule 59G-4.085, F.A.C., will RULE NO.: RULE TITLE: have as provided for under Sections 120.54 and 120.541, F.S. 6A-7.0712 Local Instructional Improvement RULEMAKING AUTHORITY: 409.919 FS. System LAW IMPLEMENTED: 409.902, 409.905, 409.906, 409.907, PURPOSE AND EFFECT: The purpose of the rule 409.908, 409.912, 409.913 FS. development is to create a rule to administer Section 1006.281, IF REQUESTED IN WRITING AND NOT DEEMED Florida Statutes, and establish minimum standards for local UNNECESSARY BY THE AGENCY HEAD, A RULE instructional improvement systems implemented by school DEVELOPMENT WORKSHOP WILL BE HELD AT THE districts. DATE, TIME AND PLACE SHOWN BELOW: SUBJECT AREA TO BE ADDRESSED: Local instructional DATE AND TIME: Monday, August 22, 2011, 10:30 a.m. – improvement systems. 11:30 a.m. RULEMAKING AUTHORITY: 1006.281 FS. PLACE: Agency for Health Care Administration, 2727 Mahan LAW IMPLEMENTED: 1006.281 FS. Drive, Building 3, Conference Room B, Tallahassee, Florida IF REQUESTED IN WRITING AND NOT DEEMED 32308-5407 UNNECESSARY BY THE AGENCY HEAD, A RULE Pursuant to the provisions of the Americans with Disabilities DEVELOPMENT WORKSHOP WILL BE NOTICED IN Act, any person requiring special accommodations to THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE participate in this workshop/meeting is asked to advise the WEEKLY. agency at least 48 hours before the workshop/meeting by THE PERSON TO BE CONTACTED REGARDING THE contacting: Gail Underwood at the Bureau of Medicaid PROPOSED RULE DEVELOPMENT AND A COPY OF Services, (850)412-4224. If you are hearing or speech THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Nancy impaired, please contact the agency using the Florida Relay Copa, Director, ARM Contracts and Grants, Division of Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Accountability, Research and Measurement, 325 W. Gaines THE PERSON TO BE CONTACTED REGARDING THE Street, Suite 844, Tallahassee, FL 32399, (850)245-0437. To PROPOSED RULE DEVELOPMENT AND A COPY OF request a rule development workshop, please contact: Lynn THE PRELIMINARY DRAFT IS: Gail Underwood, Medicaid Abbott, Agency Clerk, Department of Education, Services, 2727 Mahan Drive, Mail Stop 20, Tallahassee, (850)245-9661 or e-mail [email protected] or go to Florida 32308-5407, telephone: (850)412-4224, e-mail: https://app1.fldoe.org/rules/default.aspx [email protected]. To download a draft THE PRELIMINARY TEXT OF THE PROPOSED RULE copy of this rule, if available, go to http://ahca.myflorida. DEVELOPMENT IS NOT AVAILABLE. com/Medicaid/review/index.shtml.

AGENCY FOR HEALTH CARE ADMINISTRATION THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: Medicaid RULE NO.: RULE TITLE: 59G-4.085 Early Intervention Services. 59G-4.085 Early Intervention Services (1) No change. PURPOSE AND EFFECT: The purpose of the amendment to (2) All Early Intervention Services providers enrolled in Rule 59G-4.085, F.A.C., is to incorporate by reference the the Medicaid program must be in compliance with the Florida Florida Medicaid Early Intervention Services Coverage and Medicaid Early Intervention Services Coverage and Limitations Handbook. The amendment updates Early Limitations Handbook,______August 2007, incorporated by Intervention Services policy, clarifies existing policy and reference, and the Florida Medicaid Provider Reimbursement incorporates Medicaid Early Intervention Services forms. Handbook, CMS-1500, which is incorporated by reference in Eligibility criteria are being updated to align with the Rule 59G-4.001, F.A.C. The Both handbooks is are available Department of Health/Early Steps policies. Clarification of from the Medicaid fiscal agent’s Web site website at existing policies is being added to ensure a better mymedicaid-florida.com http://floridamedicaid.acs-inc.com. understanding of policy requirements. Medicaid forms are Select Public Information for Providers, then Provider Support, being removed from the Department of Health, Early Steps and then Provider Handbooks Click on Provider Support, and

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2253 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 then on Handbooks. Paper copies of the handbook may be DEPARTMENT OF BUSINESS AND PROFESSIONAL obtained by calling the Medicaid fiscal agent at REGULATION 1(800)289-7799 and selecting option 7 (800)377-8216. Division of Alcoholic Beverages and Tobacco (3) The following forms are incorporated by reference: RULE NO.: RULE TITLE: Children’s Medical Services Early Steps Certification for 61A-4.0501 Cooperative or Pool Buying – Provider of Early Intervention Services, AHCA-Med Serv Definition; Creation; Record Form 020, August 2007, one page; and Early Steps, Children’s Keeping; Restrictions Medical Services, Medicaid Freedom of Choice/Conflict of PURPOSE AND EFFECT: The purpose and effect of the Interest Statement, AHCA-Med Serv Form 021, August 2007, proposed rule will be to implement Florida Statutes pertaining one page. These forms are available on the Early Steps to cooperative or pool buying as approved by the Division of provider website at http://www.cms-kids.com/ Alcoholic Beverages and Tobacco. ESproviders.htm. The following form that is included in the SUBJECT AREA TO BE ADDRESSED: The rule is under Florida Medicaid Early Intervention Services Coverage and consideration for amendment and discussion will allow for Limitations Handbook is incorporated by reference: Early input from interested parties. Intervention Services Request to Exceed Medicaid Limitations RULEMAKING AUTHORITY: 561.11, 561.14(6) FS. Form, AHCA-Med Serv Form 019, August 2007, four pages, LAW IMPLEMENTED: 561.01(10), 561.14(3), 561.42 FS. Appendix B. The form is available by photocopying it from the A RULE DEVELOPMENT WORKSHOP WILL BE HELD Florida Medicaid Early Intervention Services Coverage and AT THE DATE, TIME AND PLACE SHOWN BELOW: Limitations Handbook. DATE AND TIME: August 29, 2011, 9:00 a.m. – conclusion of Rulemaking Specific Authority 409.919 FS. Law Implemented business 409.902, 409.905, 409.906, 409.907, 409.908, 409.912, 409.913 FS. PLACE: Florida Department of Business and Professional History–New 4-30-00, Amended 8-9-04, 5-22-06, 1-10-08,______. Regulation, Northwood Centre, Board Room, 1940 N. Monroe DEPARTMENT OF BUSINESS AND PROFESSIONAL Street, Tallahassee, Florida 32399-2202 REGULATION Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to Division of Alcoholic Beverages and Tobacco participate in this workshop/meeting is asked to advise the RULE NO.: RULE TITLE: agency at least 5 days before the workshop/meeting by 61A-3.0305 Pool Buying Procedures contacting: Kitrina Dean at (850)717-1224. If you are hearing PURPOSE AND EFFECT: The purpose and effect of the or speech impaired, please contact the agency using the Florida proposed rule will be to implement Florida Statutes pertaining Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 to cooperative or pool buying as approved by the Division of (Voice). Alcoholic Beverages and Tobacco. THE PERSON TO BE CONTACTED REGARDING THE SUBJECT AREA TO BE ADDRESSED: The rule is under PROPOSED RULE DEVELOPMENT AND A COPY OF consideration for amendment and discussion will allow for THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kitrina input from interested parties. Dean, Division of Alcoholic Beverages and Tobacco, 1940 RULEMAKING AUTHORITY: 561.11, 561.14(6) FS. North Monroe Street, Tallahassee, Florida 32399-2202 LAW IMPLEMENTED: 561.01(10), 561.14(3), 561.42 FS. THE PRELIMINARY TEXT OF THE PROPOSED RULE A RULE DEVELOPMENT WORKSHOP WILL BE HELD DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM AT THE DATE, TIME AND PLACE SHOWN BELOW: THE CONTACT PERSON LISTED ABOVE. DATE AND TIME: August 29, 2011, 9:00 a.m. – conclusion of business DEPARTMENT OF HEALTH PLACE: Florida Department of Business and Professional Board of Podiatric Medicine Regulation, Northwood Centre, Board Room, 1940 N. Monroe RULE NO.: RULE TITLE: Street, Tallahassee, Florida 32399-2202 64B18-14.002 Disciplinary Guidelines THE PERSON TO BE CONTACTED REGARDING THE PURPOSE AND EFFECT: The Board proposes the rule PROPOSED RULE DEVELOPMENT AND A COPY OF amendment to update its disciplinary guidelines to incorporate THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kitrina the new offenses set forth in Section 456.072, F.S., that were Dean, Division of Alcoholic Beverages and Tobacco, 1940 added by the Legislature (Ch. Law 2009-223). North Monroe Street, Tallahassee, Florida 32399-2202 SUBJECT AREA TO BE ADDRESSED: Disciplinary THE PRELIMINARY TEXT OF THE PROPOSED RULE guidelines. DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

2254 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

RULEMAKING AUTHORITY: 456.039(3), 456.072, Keil, ACCESS Florida Program Policy, 1317 Winewood 456.073(3), 456.079, 461.003, 461.005, 461.013 FS. Boulevard, Building 3, Tallahassee, Florida 32399-0700, LAW IMPLEMENTED: 456.033, 456.053, 456.062, 456.063, [email protected], (850)717-4113 456.067, 456.072, 456.073(3), 456.079, 461.012, 461.013 FS. THE PRELIMINARY TEXT OF THE PROPOSED RULE IF REQUESTED IN WRITING AND NOT DEEMED DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM UNNECESSARY BY THE AGENCY HEAD, A RULE THE CONTACT PERSON LISTED ABOVE. DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE FISH AND WILDLIFE CONSERVATION WEEKLY. COMMISSION THE PERSON TO BE CONTACTED REGARDING THE RULE NO.: RULE TITLE: PROPOSED RULE DEVELOPMENT AND A COPY OF 68-1.003 Florida Fish and Wildlife THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bruce Conservation Commission Grants Detering, Executive Director, Board of Podiatric Program Medicine/MQA, 4052 Bald Cypress Way, Bin #C07, PURPOSE AND EFFECT: The purpose and effect of the Tallahassee, Florida 32399-3258 proposed rule development is to update the Florida Boating THE PRELIMINARY TEXT OF THE PROPOSED RULE Improvement Program Guidelines (Jan. 2010), incorporated by DEVELOPMENT IS NOT AVAILABLE. reference in subsection 68-1.003(9), F.A.C., to improve and increase efficiency in the grant review and submittal process DEPARTMENT OF CHILDREN AND FAMILY including: 1) revised evaluation criteria to increase the SERVICES emphasis on cost efficiency and the need for the project; 2) Economic Self-Sufficiency Program reduce the number of required copies of the application; 3) RULE NO.: RULE TITLE: provide more time to obtain permits for construction projects. 65A-4.222 Pay After Performance Project SUBJECT AREA TO BE ADDRESSED: The Florida Boating PURPOSE AND EFFECT: The proposed rule implements a Improvement Program Grant Guidelines and the related Pay After Performance Pilot Project for all non-exempt and submittal requirements. volunteer Temporary Cash Assistance applicants referred to RULEMAKING AUTHORITY: 206.606, 327.04, 327.47, the Alachua and Bradford Counties Regional Workforce Board 379.106 FS. for participation in the Welfare Transition Program. LAW IMPLEMENTED: 206.606, 327.47, 328.72, 379.106 FS. SUBJECT AREA TO BE ADDRESSED: Pay After IF REQUESTED IN WRITING AND NOT DEEMED Performance Project requirements. UNNECESSARY BY THE AGENCY HEAD, A RULE RULEMAKING AUTHORITY: 414.45 FS. DEVELOPMENT WORKSHOP WILL BE NOTICED IN LAW IMPLEMENTED: 414.065, 414.095, 445.024, 445.025 THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 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 HELD AT THE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Tim DATE, TIME AND PLACE SHOWN BELOW: Woody, FBIP Program Administrator or Patricia Harrell, Boat DATE AND TIME: September 1, 2011, 10:30 a.m. Access Coordinator, Florida Fish and Wildlife Conservation PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Commission, Division of Law Enforcement, Boating and Tallahassee, Florida 32399-0700 Waterways Section, 620 South Meridian Street, Room 235, Tallahassee, Florida 32399, telephone (850)410-0656, Pursuant to the provisions of the Americans with Disabilities Extension 17173 or 17122 or email [email protected] Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the THE PRELIMINARY TEXT OF THE PROPOSED RULE agency at least 7 days before the workshop/meeting by DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM contacting: Cindy Keil. If you are hearing or speech impaired, THE CONTACT PERSON LISTED ABOVE. please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DEPARTMENT OF FINANCIAL SERVICES THE PERSON TO BE CONTACTED REGARDING THE Division of Funeral, Cemetery, and Consumer Services PROPOSED RULE DEVELOPMENT AND A COPY OF RULE NO.: RULE TITLE: THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Cindy 69K-21.007 Responsibility of Funeral Director in Charge

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2255 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

PURPOSE AND EFFECT: This rulemaking action implements Florida. This proposed rule was approved by the Board of changes to Section 497.380(7), Florida Statutes, as enacted by Funeral, Cemetery, and Consumer Services at its monthly the Florida legislature in s. 22 of Chapter 2010-125, Laws of meeting on January 6, 2011. Prior to said statutory amendment Florida. This proposed rule was approved by the Board of an applicant for direct disposer license was required to take and Funeral, Cemetery, and Consumer Services at its monthly pass a college credit course in mortuary law. The said statutory meeting on January 6, 2011. Prior to said legislative change, a amendment added a requirement that applicants also have funeral director in charge (FDIC) of an establishment was only taken and passed a college credit course in ethics. required to be licensed as a funeral director, whereas under the SUBJECT AREA TO BE ADDRESSED: Educational statutory amendment the FDIC must be licensed as a funeral requirements for licensure as a direct disposer, under Chapter director & embalmer. The rule is being amended to reflect this 497, Florida Statutes. new statutory requirement. RULEMAKING AUTHORITY: 497.103(5), 497.141(2), SUBJECT AREA TO BE ADDRESSED: Required licensure 497.161(1)(a) FS. of a funeral director in charge of an establishment, under LAW IMPLEMENTED: 497.602 FS. Chapter 497, Florida Statutes. IF REQUESTED IN WRITING AND NOT DEEMED RULEMAKING AUTHORITY: 497.103(1)(n), 497.103(5), UNNECESSARY BY THE AGENCY HEAD, A RULE 497.161(a), 497.380 FS. DEVELOPMENT WORKSHOP WILL BE HELD AT THE LAW IMPLEMENTED: 497.380 FS. DATE, TIME AND PLACE SHOWN BELOW: IF REQUESTED IN WRITING AND NOT DEEMED DATE AND TIME: August 26, 2011, 9:00 a.m. UNNECESSARY BY THE AGENCY HEAD, A RULE PLACE: Room 332, Pepper Building, 111 W. Madison Street, DEVELOPMENT WORKSHOP WILL BE HELD AT THE Tallahassee, Florida DATE, TIME AND PLACE SHOWN BELOW: Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: August 26, 2011, 10:00 a.m. Act, any person requiring special accommodations to PLACE: Room 332, Pepper Building, 111 W. Madison Street, participate in this workshop/meeting is asked to advise the Tallahassee, Florida agency at least 4 days before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: LaTonya Bryant-Parker, at (850)413-4957 or Act, any person requiring special accommodations to [email protected]. 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 5 days before the workshop/meeting by Florida Relay Service, 1(800)955-8771 (TDD) or contacting: LaTonya Bryant-Parker, at (850)413-4957 or 1(800)955-8770 (Voice). [email protected]. If you are THE PERSON TO BE CONTACTED REGARDING THE hearing or speech impaired, please contact the agency using the PROPOSED RULE DEVELOPMENT AND A COPY OF Florida Relay Service, 1(800)955-8771 (TDD) or THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Douglas 1(800)955-8770 (Voice). Shropshire, Executive Director, Board of Funeral, Cemetery, THE PERSON TO BE CONTACTED REGARDING THE and Consumer Services, Division of Funeral, Cemetery, and PROPOSED RULE DEVELOPMENT AND A COPY OF Consumer Services, Department of Financial Services, 200 THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Douglas East Gaines Street, Tallahassee, FL 32399-0361, Shropshire, Executive Director, Board of Funeral, Cemetery, (850)413-4984, [email protected]. Direct any and Consumer Services, Division of Funeral, Cemetery, and request for rule development workshop to Mr. Shropshire. Consumer Services, Department of Financial Services, 200 THE PRELIMINARY TEXT OF THE PROPOSED RULE East Gaines Street, Tallahassee, FL 32399-0361, DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM (850)413-4984, [email protected]. Direct any THE CONTACT PERSON LISTED ABOVE. request for rule development workshop to Mr. Shropshire. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEPARTMENT OF FINANCIAL SERVICES DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM Division of Funeral, Cemetery, and Consumer Services THE CONTACT PERSON LISTED ABOVE. RULE NO.: RULE TITLE: 69K-100.036 Proof of Satisfying Educational DEPARTMENT OF FINANCIAL SERVICES Requirements Division of Funeral, Cemetery, and Consumer Services PURPOSE AND EFFECT: This rulemaking provides RULE NO.: RULE TITLE: procedures by which applicants for licensure under Chapter 69K-23.006 Courses Required for Licensure 497, F.S., may demonstrate that they meet the education PURPOSE AND EFFECT: This rulemaking action implements requirements of that chapter. This proposed rule was approved changes to Section 497.602(3)(b), Florida Statutes, as enacted by the Board of Funeral, Cemetery, and Consumer Services at by the Florida legislature in Chapter 2010-125, Laws of its monthly meeting on December 2, 2010.

2256 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

SUBJECT AREA TO BE ADDRESSED: Procedures for Address Confidentiality Program, as well as the role of the proving satisfaction of licensing education requirements. program assistants assisting the victims in the enrollment RULEMAKING AUTHORITY: 497.103(5), 497.141(2) FS. process. LAW IMPLEMENTED: 497.141 FS. SUMMARY OF STATEMENT OF ESTIMATED IF REQUESTED IN WRITING AND NOT DEEMED REGULATORY COSTS: The Agency has determined that this UNNECESSARY BY THE AGENCY HEAD, A RULE will not have an adverse impact on small business or likely DEVELOPMENT WORKSHOP WILL BE HELD AT THE increase directly or indirectly regulatory costs in excess of DATE, TIME AND PLACE SHOWN BELOW: $200,000 in the aggregate within one year after the DATE AND TIME: August 26, 2011, 11:00 a.m. implementation of the rule. A SERC has not been prepared by PLACE: Room 332, Pepper Building, 111 W. Madison Street, the agency. Tallahassee, Florida Any person who wishes to provide information regarding a Pursuant to the provisions of the Americans with Disabilities statement of estimated regulatory costs, or provide a proposal Act, any person requiring special accommodations to for a lower cost regulatory alternative must do so in writing participate in this workshop/meeting is asked to advise the within 21 days of this notice. agency at least 4 days before the workshop/meeting by RULEMAKING AUTHORITY: 741.409 FS. contacting: LaTonya Bryant-Parker, at (850)413-4957 or LAW IMPLEMENTED: 741.401, 741.402, 741.403, 741.404, [email protected]. If you are 741.405, 741.406, 741.407, 741.408, 741.409, 741.465, hearing or speech impaired, please contact the agency using the 97.0585(3) FS. Florida Relay Service, 1(800)955-8771 (TDD) or IF REQUESTED WITHIN 21 DAYS OF THE DATE OF 1(800)955-8770 (Voice). THIS NOTICE, A HEARING WILL BE SCHEDULED AND THE PERSON TO BE CONTACTED REGARDING THE ANNOUNCED IN THE FAW. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PERSON TO BE CONTACTED REGARDING THE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Douglas PROPOSED RULES IS: Christina Harris, Chief of Advocacy Shropshire, Executive Director, Board of Funeral, Cemetery, and Grants Management, Department of Legal Affairs, PL-01, and Consumer Services, Division of Funeral, Cemetery, and The Capitol, Tallahassee, Florida 32399-1050, (850)414-3300 Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0361, THE FULL TEXT OF THE PROPOSED RULES IS: (850)413-4984, [email protected]. Direct any 2A-7.001 Definitions. request for rule development workshop to Mr. Shropshire. (1) “Address Confidentiality Program” is the statutorily THE PRELIMINARY TEXT OF THE PROPOSED RULE created program responsible for implementing the provisions DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM of Sections 741.401-.409, F.S., within the Office of the THE CONTACT PERSON LISTED ABOVE. Attorney General. (2) “Agency or Governmental Entity” means an office, Section II department, division, bureau, board, commission, or other Proposed Rules statutory unit of state or local government or any functional subdivision of the aforementioned. DEPARTMENT OF LEGAL AFFAIRS (3) “Applicant” means an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on Division of Victim Services and Criminal Justice Programs behalf of a person adjudicated incapacitated under Chapter RULE NOS.: RULE TITLES: 744, F.S., who is applying to the department to have an address 2A-7.001 Definitions designated by the department serve as the person’s address or 2A-7.0021 Eligibility the address of the minor or incapacitated person a person who 2A-7.0022 Application Process is applying for participation in the Address Confidentiality PURPOSE AND EFFECT: Clarifies definitions, eligibility, Program. An applicant may be primary (the victim) or application and documentation requirements and processes for secondary (minor). victims of domestic violence and stalking to participate in the Address Confidentiality Program, as well as the role of the (4) “Applicant Assistant” means an employee of a state or program assistants assisting the victims in the enrollment local agency, or a non-profit organization that has been process. designated by the department to assist individuals in applying for enrollment in the program. SUMMARY: This rule provides the definitions, eligibility, application and documentation requirements and processes for (5) “Authorization code” is the identification number victims of domestic violence and stalking to participate in the assigned to a participant.

Section II - Proposed Rules 2257 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(6) “Authorized personnel” means an employee of the 2A-7.0022 Application Process. Department of State, Division of Elections, or Supervisor of (1) The applicant A person who wishes to apply or renew Elections, who has been designated by the chief executive her or his participation shall provide the following information officer of the respective agency to process and access voter to the department: application and voting records pertaining to program (a) Full Applicant’s full legal name, participants. (b) Date of birth, (7) “Department” means the Department of Legal Affairs, (c) Last four digits of social security number, Office of the Attorney General. (d) Actual home address (street number and name, city, (8) “Domestic Violence” means an act as defined in state, zip code), Section 741.28, F.S., and includes a threat of such acts (e) Mailing address (if different), committed against an individual in a domestic situation, (f) Home telephone number, regardless of whether these acts or threats have been reported (g) Work telephone number, to law enforcement officers. (h) Other telephone number where applicant can be (9)(8) “Protected records voter” means a program reached, participant who is registered and qualified to vote in this state and has requested an absentee ballot pursuant to Section (i) Name and physical address of employer(s), 101.62, F.S. (j) School name and physical address if applicable, (10)(9) “Record” means any information relating to the (k) An affirmation that the applicant is not required to conduct or performance of a governmental or proprietary register her or his address with any other public agency under function prepared, owned, used, or retained by any state or Florida law. local agency regardless of physical form or characteristics. (k)(l) A signed and dated sworn statement by the applicant (11)(10) “Stalking” means an act as defined in Section that he or she has good reason to believe that he or she, or the 784.048, F.S. minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence or stalking, and that (12)(11) “Substitute mailing address” means the mailing the applicant fears for his or her safety or his or her children’s address designated by the department which shall not be the safety or the safety of the minor or incapacitated person on participant’s residential address. whose behalf the application is made, that attests to the Rulemaking Authority 741.409 FS. Law Implemented 741.402, following: “I certify that I am a victim of (select the 741.403, 741.405, 741.406, 471.408 FS. History–New 1-27-99, appropriate category) domestic violence (as defined in Section Amended 5-4-11,______. 741.28, F.S.) or stalking (as defined in Section 784.048, F.S.) I 2A-7.0021 Eligibility. declare under penalty of perjury that the foregoing is true and (1) A person who is a victim of domestic violence as correct.” defined in Section 741.28, F.S., or stalking as defined in (2) An application for enrollment may be obtained from an Section 784.048, F.S., is eligible to apply for participation in applicant assistant at selected state or local agencies or this program. non-profit organizations that have been designated by the (2) A person who is a victim of domestic violence or department to assist in the application process. stalking who relocates to Florida may apply for enrollment and (3) The application must be received by the department at is subject to the same eligibility criteria as Florida residents. the following address: Office of the Attorney General, Address (3) A name change will result in the participant’s Confidentiality Program, P. O. Box 6298, Tallahassee, Florida cancellation from the program. However, an individual may 32314-6298. re-apply by completing an application for enrollment. (4) An eligible applicant who has filed a properly (4) Participation in this program cannot be used to completed application with the department shall be certified as circumvent or nullify any other Florida law that requires an a participant. Upon certification, each participant will be issued individual to register her or his address with another public an authorization card, which will include the following: agency. (a) Participant’s name, (b) Authorization code, Rulemaking Authority 741.409 FS. Law Implemented 97.058(3), 741.403, 741.404, 741.405, 741.406, 741.409, 741.465, 775.13, (c) Substitute mailing address, and 775.21, 784.048, 944.606, 944.607, 944.608. 944.609 FS. History– (d) Expiration date. New 5-4-11, Amended______. (5) Certification shall be effective on the date the application is approved by the department. (6) Mail received by the department that does not include the name and authorization code of a certified participant may not be able to be forwarded.

2258 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(7) If mail forwarded by the department to the participant 5H-5.001 Information for Weekly Report. is returned by the post office, the department will attempt to Rulemaking Specific Authority 574.08, 574.14 FS. Law Implemented contact the participant by telephone to verify the address. If 574.08 FS. History–Repromulgated 12-31-74, Formerly 5H-5.01, contact is not successful within seven days, the participant’s Amended 6-4-95, Repealed______. certification will be cancelled and the mail will be returned to the United States Postal Service. 5H-5.004 Tobacco Warehouses; Auction, Weighing and Handling Fees; Commission on Gross Sales. Rulemaking Authority 741.409 FS. Law Implemented 97.058(3), 741.403, 741.404, 741.405, 741.406, 741.409, 741.465, 775.13, Rulemaking Specific Authority 574.14 FS. Law Implemented 775.21, 784.048, 944.606, 944.607, 944.608. 944.609 FS. History– 574.12(1) FS. History–New 7-22-65, Repromulgated 12-31-74, New 5-4-11, Amended______. Formerly 5H-5.04, Amended 8-12-91, Repealed______.

NAME OF PERSON ORIGINATING PROPOSED RULE: NAME OF PERSON ORIGINATING PROPOSED RULE: Christina Harris, Chief of Advocacy and Grants Kerry Flack, Assistant Director Division of Marketing and NAME OF AGENCY HEAD WHO APPROVED THE Development PROPOSED RULE: Attorney General Pam Bondi NAME OF AGENCY HEAD WHO APPROVED THE DATE PROPOSED RULE APPROVED BY AGENCY PROPOSED RULE: Adam H. Putnam, Commissioner of HEAD: July 19, 2011 Agriculture DATE NOTICE OF PROPOSED RULE DEVELOPMENT DATE PROPOSED RULE APPROVED BY AGENCY PUBLISHED IN FAW: May 6, 2011 HEAD: July 22, 2011

DEPARTMENT OF AGRICULTURE AND CONSUMER DEPARTMENT OF CORRECTIONS SERVICES RULE NO.: RULE TITLE: Division of Marketing and Development 33-208.403 Random Drug Testing of Employees RULE NOS.: RULE TITLES: PURPOSE AND EFFECT: The purpose and effect of the 5H-5.001 Information for Weekly Report proposed rule is to generally modify the provisions concerning 5H-5.004 Tobacco Warehouses; Auction, who is subject to random testing and the procedures associated Weighing and Handling Fees; with such testing. Commission on Gross Sales SUMMARY: The proposed rule amends the provisions PURPOSE AND EFFECT: This rulemaking proposes to repeal regarding who is subject to drug testing and the consequences existing Chapter 5H-5, F.A.C., which has become outdated. of positive drug testing results. SUMMARY: This rulemaking proposes to repeal existing SUMMARY OF STATEMENT OF ESTIMATED Chapter 5H-5, F.A.C., which has become outdated. REGULATORY COSTS: The agency has determined that this SUMMARY OF STATEMENT OF ESTIMATED rule will not have an adverse impact on small business and is REGULATORY COSTS: The Agency has determined that this not expected to directly or indirectly increase regulatory costs will not have an adverse impact on small business or likely more than $200,000 within a year of taking effect. A SERC has increase directly or indirectly regulatory costs in excess of not been prepared by the agency. $200,000 in the aggregate within one year after the Any person who wishes to provide information regarding a implementation of the rule. A SERC has not been prepared by statement of estimated regulatory costs, or provide a proposal the agency. for a lower cost regulatory alternative must do so in writing Any person who wishes to provide information regarding a within 21 days of this notice. statement of estimated regulatory costs, or provide a proposal RULEMAKING AUTHORITY: 944.09, 944.474 FS. for a lower cost regulatory alternative must do so in writing LAW IMPLEMENTED: 112.0455, 944.09, 944.474 FS. within 21 days of this notice. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF RULEMAKING AUTHORITY: 574.08, 574.14 FS. THIS NOTICE, A HEARING WILL BE SCHEDULED AND LAW IMPLEMENTED: 574.08 FS. ANNOUNCED IN THE FAW. 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: Kendra Lee Jowers, 501 South ANNOUNCED IN THE FAW. Calhoun Street, Tallahassee, Florida 32399-2500 THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marshall Wiseheart, (850)488-4131, THE FULL TEXT OF THE PROPOSED RULE IS: [email protected] 33-208.403 Random Drug Testing of Employees. (1) Definitions. THE FULL TEXT OF THE PROPOSED RULES IS:

Section II - Proposed Rules 2259 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(a) Authorizing Individual – The person designated by the position within 14 days of notification of test designation or, Chief of Personnel to interact with an employee regarding the subsequently, within 14 days of a change in the employee’s job drug testing program. duties. (b) Chain of Custody – The procedures used to account for (a) To seek review, the employee shall submit a letter of the integrity of each specimen by tracking its handling and explanation based upon the criteria in paragraph (1)(f) of this storage from the point of specimen collection to final rule to the Chief, Bureau of Personnel. disposition. (b) Additional review of position duties will be conducted (c) Contact Person – The employees designated by the by the Bureau of Personnel and the Office of the General Chief of Personnel to interact with the laboratory and Medical Counsel and will include information provided in the Review Officer and coordinate the drug testing program. employee’s request as well as any other information obtained (d) Medical Review Officer – A licensed physician under during the review. contract with the Department or the outside vendor used by the (c) A written response from the Bureau of Personnel will Department who reviews all drug tests from the laboratory and be provided to the employee once a determination is made on makes the final determination regarding the test result. the appeal. (e) Random Employee Drug Test – A drug test conducted (a)(3) The Department shall generate random lists of upon based on a computer-generated random sampling of employees individual positions subject to testing each fiscal Department employees, administered for the purposes of quarter. The time period for testing in an individual quarter detecting the presence of drugs, controlled substances, shall be randomly chosen each quarter. (including anabolic steroids), or their metabolites. (b)(a) The Department shall disburse the list to the (f) Random Test Designated Position – An employee is in authorizing individuals during each random testing period. a random test designated position, and thus is required to (c)(b) The list shall include the date by which all tests for submit to random testing, if the employee: that testing period must be completed. 1. Has job duties that require or allow the employee to (d)(c) Each time an employee’s name appears on the carry a firearm; random list, he or she shall be tested regardless of whether or 2. Possesses law enforcement powers; not he or she has been previously tested. 3. Has job duties involving regular unsupervised access to (e)(d) Listed employees shall not be excused from random and direct contact with inmates or offenders under community drug testing unless they are on approved leave of absence or supervision; are, out of town on Department department business, or it is 4. Has job duties involving unsupervised access to determined that the employee was listed in error. If the controlled substances; employee returns to his or her assigned worksite in time for the 5. Operates dangerous instrumentalities such as vehicles; test to be rescheduled and completed within the prescribed 6. Provides health care and psychological care to inmates; time period deadline, the authorizing individual shall ensure 7. Provides direct services to inmates; testing is completed. 8. Has access to investigations of criminal allegations and (f)(e) The list is confidential and shall not be disseminated the ability to alter the investigation; to non-essential staff members prior to testing. 9. Has the ability to alter information in databases, (4) Off-Site Testing and Confirmation Process. Once an computer systems, or records relating to inmates or offenders employee is randomly selected for a drug test, the authorizing under community supervision; or individual shall: 10. Is in any position, including a supervisory or (a) Initiate the chain of custody process; management position, in which a drug impairment could (b) Provide the employee with the drug testing instructions constitute an immediate and direct threat to public health or and directions to the designated collection site; safety. (c) Provide the employee with a written notice and consent (2) All Department Only employees shall be subject to for testing form that advises the employee that he or she has mandatory random employee drug tests in random test been randomly selected for testing, and that he or she has 24 designated positions, including employees required to maintain hours to complete the test. certification under Sections 943.13 and 943.135, F.S., random (5) Once the necessary forms have been completed and drug testing. Employees who are not in test designated signed, the employee shall be instructed to present the positions will be included in the random drug testing pool only employee’s Department of Corrections’ employee if such employees choose to voluntarily participate in the identification card to collection site staff. The employee shall random testing program. An employee may seek review of the take all copies of the chain of custody form to the collection determination that he or she is working in a test designated site.

2260 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(6) The employee shall remain at the collection site until contact the Medical Review Officer within two 2 days from the able to produce a sufficient specimen unless the employee request to the employee by the contact person, the Medical advises that a medical condition has caused the inability to Review Officer shall report the test results as positive, which is produce a sufficient specimen. If the employee cannot produce considered to be a failed drug test. a sufficient specimen quantity, the collection site staff shall (13) In the case of positive test results for which the contact the authorizing individual. The employee shall provide employee did not or could not provide valid documentation of a doctor’s statement to the authorizing individual within three lawful intake of the identified controlled substance, the 3 business days attesting to the medical condition. If the employee shall be notified in writing of the positive test results current random testing period has not expired, the employee and the consequences of the results, in accordance with the will be given another notice that he or she has 24 hours to following: complete the test and will be required to report again for (a) First time positive test result for staff not certified testing. under Section 943.13, F.S. (7) If an employee’s test results show the specimen to be 1. All employees will be given a mandatory referral to the adulterated, the employee will be considered to have failed the employee assistance program (in accordance with department test. procedure). (8) If the employee fails or refuses to cooperate in any way 2. Any governing licensure/certification board (relevant to with the drug testing process as outlined in this Rule the employee’s position requirements) will be advised of the subsections (4) through (6), including completing and signing positive test result. required paperwork; failing to report to the collection site 3. Any employee in a safety sensitive position (as defined within the specified time frame; failing to follow proper by Section 112.0544, F.S.), receiving a first time positive collection site protocols; failing to provide a specimen without confirmed drug test will be immediately placed on leave status. a doctor’s statement as specified in subsection (6); using a If the employee refuses to be placed on leave status, the substitute specimen; or providing a specimen determined to be department will initiate official proceedings to remove the adulterated, the authorizing individual shall notify the employee from her/his position. servicing personnel office, and the employee shall be advised 4. All employees will be required to complete the course in writing that he is subject to disciplinary action up to and of treatment recommended by the employee assistance including dismissal for refusal to submit to testing. program treatment provider; however, employees in safety (9) Refusal to submit to drug testing is considered to be a sensitive positions who are placed on leave status pursuant to failed drug test. Employees who are not in test-designated subparagraph (13)(a)3. above, will be required to complete the positions, but have volunteered for testing, are permitted to recommended course of treatment or present a release to return withdraw from their volunteer status at any point prior to the to work from the treatment provider prior to returning to work. actual submission of a specimen and such withdrawal shall not 5. If an employee refuses to comply with all requirements be considered to be a failed drug test. of subparagraph (13)(a)4. above, she/he will be dismissed in (10)(9) If the employee’s test results are negative for drugs accordance with department procedure. but show possible dilution, the test shall be considered 6. Once the employee is released to return to work by the negative. treatment provider, the employee will be returned to work in (11)(10) If the test results are positive, the specimen will the same or equivalent position, unless such action is prevented be retested by the laboratory for confirmation. due to actions taken by the governing licensure or certification (12)(11) All employees with a positive confirmed drug test board or body relevant to the employee’s position shall be contacted by the Medical Review Officer within three requirements. 3 days of receipt of the results from the laboratory and offered 7. If actions by a governing licensure or certification board the opportunity to produce valid documentation of lawful or body prevent placement into or ongoing employment in the ingestion of the identified controlled substance. The Medical previously held position, the department will offer alternate Review Officer may also request consent to review the position placement in accordance with the employee’s employee’s medical records to assist in evaluating the test qualifications, if such is available. If no alternate position results. The employee shall have five 15 days from the date of placement is available or the employee is unwilling to accept contact by the Medical Review Officer to present valid available placement options, the employee will be dismissed in documentation of lawful intake of the identified controlled accordance with department procedure. substance from the positive test results. 8. Follow-Up Testing: All employees who remain (13)(12) If the Medical Review Officer cannot contact the employed following a first time positive confirmed drug test employee within three 3 days, the Medical Review Officer will be subject to follow-up urinalysis drug testing on a shall request that the contact person direct the employee to quarterly, semiannual, or annual basis for up to two years contact the Medical Review Officer. If the employee does not thereafter, pursuant to Section 112.0455, F.S.

Section II - Proposed Rules 2261 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(b) First time positive result for staff certified under (15) If the Medical Review Officer receives subsequent Section 943.13, F.S. documentation that a positive test result was caused by a 1. All employees receiving a positive confirmed drug test legitimate use of drugs, the Medical Review Officer shall will immediately be placed on leave status. If the employee report the result as negative and the Department’s contact refuses to be placed on leave status, the Department will person shall be notified as such. initiate official proceedings to remove the employee from his (16) Should subsequent documentation be received position. reflecting that the positive result was in error, the authorizing 2. All employees receiving a positive confirmed drug test individual shall inform the Bureau of Personnel so that will be removed from the class. The Department will offer remedial action can be taken if necessary. alternate non-certified position placement in accordance with (17) In the case of positive test results for which the the employee’s qualifications, if such is available. If no employee did not or could not provide valid documentation of alternative position placement is available or the employee is lawful intake of the identified controlled substance, the unwilling to accept available placement options, the employee employee shall be notified in writing of the positive test results will be dismissed in accordance with department procedure. and the consequences of the results, in accordance with the 3. All employees will be given a mandatory referral to the following: employee assistance program in accordance with department (a) For staff not certified under Section 943.13, F.S.: procedure. 1. First-time positive result: 4. The Criminal Justice Standards and Training a. All such employees will be given a mandatory referral Commission will be contacted and provided with a report in to the employee assistance program (in accordance with accordance with established reporting procedures. Department procedure). 5. All employees placed in an alternate position will be b. Any governing licensure/certification board (relevant to required to complete the course of treatment recommended by the employee’s position requirements) will be advised of the the employee assistance program treatment provider. positive test result. 6. If an employee refuses to comply with all requirements c. The employee will be required to complete the course of for subparagraph (13)(b)5. above, he will be dismissed in treatment recommended by the employee assistance program accordance with department procedure. treatment provider. 7. Follow-Up Testing: All employees who remain d. If the employee refuses to comply with all requirements employed following a first time positive confirmed drug test of the course of treatment recommended by the employee will be subject to follow-up urinalysis drug testing on a assistance program treatment provider, she/he will be quarterly, semiannual, or annual basis for up to two years dismissed in accordance with Department procedure. thereafter, pursuant to Section 112.0455, F.S. e. Once the employee is released to return to work by the (c) Second time positive test result. treatment provider, the employee will be returned to work in 1. Any employee receiving a second-time positive the same or equivalent position, unless such action is prevented confirmed drug or alcohol test will be dismissed. due to actions taken by the governing licensure or certification 2. Any other governing licensure or certification board or board or body relevant to the employee’s position body (relevant to the employee’s position requirements) will be requirements. contacted and provided with a report in accordance with f. If actions by a governing licensure or certification board established reporting procedures. or body prevent placement into or ongoing employment in the (d) Employees in trainee or probationary status. previously held position, the Department will offer alternate 1. Any employee in trainee or probationary status position placement in accordance with the employee’s receiving a positive confirmed drug test will be dismissed. qualifications, if such is available. If no alternate position 2. Any other governing licensure or certification board or placement is available or the employee is unwilling to accept body (relevant to the employee’s position requirements) will be available placement options, the employee will be dismissed in contacted and provided with a report in accordance with accordance with Department procedure. established reporting procedures. g. Follow-Up Testing: All employees who remain (14) In the event of collection site or laboratory error, the employed following a first time positive confirmed drug test Medical Review Officer will report the test results as cancelled will be subject to follow-up urinalysis drug testing pursuant to and a retest shall be scheduled immediately. The employee Section 112.0455, F.S. shall be given no more than 24 hours notice for the retest. If a 2. Second time positive test result. re-test cannot be conducted prior to the deadline for the a. Any such employee receiving a second-time positive random testing period, the authorizing individual shall provide confirmed drug or alcohol test will be dismissed. an explanation to the Chief of Personnel.

2262 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

b. Any governing licensure or certification board or body (21)(19) All information, interviews, statements, relevant to the employee’s position requirements will be memoranda, and drug test results, written or otherwise, contacted and provided with a report in accordance with received or produced as a result of the drug testing program established reporting procedures. shall be confidential. (b) For staff certified under Section 943.13, F.S., who test Rulemaking Specific Authority 944.09, 944.474 FS. Law positive: Implemented 112.0455, 944.09, 944.474 FS. History–New 9-11-05, 1. All employees receiving a positive confirmed drug test Amended 12-18-06, 12-3-08,______. will immediately be placed on leave status, and the Department will initiate official proceedings to remove the employee from NAME OF PERSON ORIGINATING PROPOSED RULE: his position. Russell Hosford, Assistant Secretary of Institutions 2. The Criminal Justice Standards and Training NAME OF AGENCY HEAD WHO APPROVED THE Commission or other governing licensure/certification board PROPOSED RULE: Edwin G. Buss, Secretary relevant to the employee’s position requirements will be DATE PROPOSED RULE APPROVED BY AGENCY contacted and provided with a report in accordance with HEAD: June 22, 2011 established reporting procedures, and the Department shall DATE NOTICE OF PROPOSED RULE DEVELOPMENT move to terminate the employee in accordance with PUBLISHED IN FAW: July 1, 2011 Department procedure. (c) Employees in trainee or probationary status. DEPARTMENT OF HEALTH 1. Any employee in trainee or probationary status Board of Podiatric Medicine receiving a positive confirmed drug test will be dismissed. RULE NO.: RULE TITLE: 2. Any other governing licensure or certification board or 64B18-16.006 Registration Requirements of body (relevant to the employee’s position requirements) will be Podiatric Residents contacted and provided with a report in accordance with PURPOSE AND EFFECT: The Board proposes the rule established reporting procedures. amendment to update the form referenced. (18)(17) The following appeal process shall be available to SUMMARY: The rule amendment will update the revision date an employee who wants to appeal a positive confirmed drug of form. test. SUMMARY OF STATEMENT OF ESTIMATED (a) Within 5 working days of the notification of the failed REGULATORY COSTS: The Agency has determined that this drug test, the employee may submit a letter to the Chief, will not have an adverse impact on small business or likely Bureau of Personnel, contesting or explaining the result. increase directly or indirectly regulatory costs in excess of (b) Within 180 days after receipt of the notification of the $200,000 in the aggregate within one year after the failed drug test, the employee may request a re-test of the implementation of the rule. A SERC has not been prepared by original specimen at the employee’s expense by the same the agency. laboratory or another laboratory licensed and approved by the Any person who wishes to provide information regarding a Agency for Health Care Administration. The re-test must be at statement of estimated regulatory costs, or provide a proposal an equal or greater sensitivity for the drug in question as was for a lower cost regulatory alternative must do so in writing used in the first laboratory test. All costs associated with such within 21 days of this notice. re-tests shall be borne by the employee. RULEMAKING AUTHORITY: 461.005, 461.014(3) FS. (19)(18) On-Site Presumptive Testing with Confirmation LAW IMPLEMENTED: 461.014(3) FS. Process Follow-up for Presumptive Positives. If on-site IF REQUESTED WITHIN 21 DAYS OF THE DATE OF presumptive testing is employed, the authorizing individual THIS NOTICE, A HEARING WILL BE SCHEDULED AND shall: ANNOUNCED IN THE FAW. (a) Ensure administration of presumptive testing using an THE PERSON TO BE CONTACTED REGARDING THE oral fluid device or other non-invasive process; PROPOSED RULE IS: Bruce Deterding, Executive Director, (b) Refer employees with presumptive positive results to Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin off-site testing in accordance with subsection (4) of this rule. #C07, Tallahassee, Florida 32399-3258 (20) No employee selected for random urinalysis testing THE FULL TEXT OF THE PROPOSED RULE IS: shall be required to provide the specimen in the direct visual or audial presence of the tester unless there is a documented reason to suspect that the employee has or will adulterate the specimen, such as a prior finding of adulteration.

Section II - Proposed Rules 2263 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

64B18-16.006 Registration Requirements of Podiatric IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Residents THIS NOTICE, A HEARING WILL BE SCHEDULED AND (1) Every podiatric resident participating in a residency ANNOUNCED IN THE FAW. program in a hospital in this state shall register with the Board THE PERSON TO BE CONTACTED REGARDING THE within sixty (60) days of the date of commencement of PROPOSED RULE IS: Bruce Deterding, Executive Director, residency using the Podiatric Resident Registration Form Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin DH-MQA 1139 (revised 8/2010 04/09), hereby adopted and #C07, Tallahassee, Florida 32399-3258 incorporated by reference, that can be obtained from the Board of Podiatric Medicine’s website at http://www.doh.state.fl.us/ THE FULL TEXT OF THE PROPOSED RULE IS: mqa/podiatry/index.html. 64B18-24.001 Initial Certification for Podiatric X-Ray (2) The Board will deny the application for examination Assistants. and licensure of any resident who is obliged to register with the (1) Each applicant for initial certification as a podiatric Board pursuant to Section 461.014(1)(c), F.S., but who fails to x-ray assistant shall submit an application, on form DH-MQA do so. 1026, entitled, “Application for Certified Podiatric X-ray Rulemaking Specific Authority 461.014(3) FS. Law Implemented Assistant,” which is hereby incorporated by reference, 461.014(3) FS. History–New 11-24-80, Formerly 21T-16.06, effective 8/2010 6/2008, copies of which may be obtained from 61F12-16.006, Amended 1-4-96, Formerly 59Z-16.006, Amended 6-17-09,______. the Board of Podiatric Medicine’s website http://www.doh.state.fl.us/mqa/podiatry/po_applications.html NAME OF PERSON ORIGINATING PROPOSED RULE: and shall include: Board of Podiatric Medicine (a) A certification fee of $75.00; and NAME OF AGENCY HEAD WHO APPROVED THE (b) The name(s) of the applicant’s supervising Florida PROPOSED RULE: Board of Podiatric Medicine licensed podiatric physician(s). DATE PROPOSED RULE APPROVED BY AGENCY (2) Any change of supervisor must be reported by the HEAD: August 6, 2010 applicant/certified podiatric x-ray assistant to the Board within DATE NOTICE OF PROPOSED RULE DEVELOPMENT 30 days of the change on form DH-MQA 1118, entitled, PUBLISHED IN FAW: July 1, 2011 “Update Supervisor for Certified Podiatric x-ray Assistant,” which is hereby incorporated by reference effective 2/2008, DEPARTMENT OF HEALTH and can be obtained from the Board of Podiatric Medicine’s Board of Podiatric Medicine website http://www.doh.state.fl.us/mqa/podiatry/po_ RULE NO.: RULE TITLE: applications.html. 64B18-24.001 Initial Certification for Podiatric (3) The Board shall verify successful passage of the course X-Ray Assistants and examination required by Section 461.0135, F.S., prior to PURPOSE AND EFFECT: The Board proposes the rule issuance of the podiatric x-ray assistant certification. amendment to update the form referenced. Rulemaking Specific Authority 461.005, 461.0135 FS. Law SUMMARY: The rule amendment will update the revision date Implemented 456.013(2), 456.025(1), 461.003(2), 461.0135 FS. of form. History–New 2-16-00, Amended 8-31-08,______. SUMMARY OF STATEMENT OF ESTIMATED NAME OF PERSON ORIGINATING PROPOSED RULE: REGULATORY COSTS: The Agency has determined that this Board of Podiatric Medicine will not have an adverse impact on small business or likely NAME OF AGENCY HEAD WHO APPROVED THE increase directly or indirectly regulatory costs in excess of PROPOSED RULE: Board of Podiatric Medicine $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by DATE PROPOSED RULE APPROVED BY AGENCY the agency. HEAD: August 6, 2010 Any person who wishes to provide information regarding a DATE NOTICE OF PROPOSED RULE DEVELOPMENT statement of estimated regulatory costs, or provide a proposal PUBLISHED IN FAW: July 1, 2011 for a lower cost regulatory alternative must do so in writing within 21 days of this notice. RULEMAKING AUTHORITY: 461.005, 461.0135 FS. LAW IMPLEMENTED: 456.013(2), 456.025(1), 461.003(2), 461.0135 FS.

2264 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

FISH AND WILDLIFE CONSERVATION rules are currently in effect in federal waters. Additionally, the COMMISSION rule amendments would clarify that state marine life rules Marine Fisheries extend into federal waters. RULE NOS.: RULE TITLES: SUMMARY: Rule 68B-42.002, F.A.C., (Definitions) would be 68B-42.002 Definitions modified to include a definition of “colony.” Rule 68B-42.003, 68B-42.003 Prohibition of Harvest: Longspine F.A.C., (Prohibition of Harvest: Longspine Urchin, Bahama Urchin, Bahama Starfish Starfish) would be modified to clarify that harvest and 68B-42.0035 Live Landing and Live Well possession of longspine urchin and Bahama starfish are Requirements prohibited within or without state waters. Rule 68B-42.0035, 68B-42.0036 Closed Areas F.A.C., (Live Landing and Live Well Requirements) would be 68B-42.004 Size Limits modified to clarify that marine life species harvested within or 68B-42.005 Recreational Bag Limit without state waters must be landed alive and persons 68B-42.006 Commercial Season, Harvest Limits harvesting marine life within or without state waters must have 68B-42.0065 Commercial Requirements; aboard the vessel being used for harvest a continuously Endorsements; Requalifying; recirculating live well or aeration or oxygen system of Appeals; Leasing; Transferability adequate size and capacity to maintain harvested marine life 68B-42.008 Live Rock: Harvest in State Waters organisms in a healthy condition. Rule 68B-42.0036, F.A.C., Prohibited; Aquacultured Live (Closed Areas – formerly titled Harvest in Biscayne National Rock Harvest and Landing Allowed Park Prohibited; Exception) would prohibit harvest of 68B-42.009 Prohibition on the Taking, octocorals in Atlantic federal waters north of Cape Canaveral Destruction, or Sale of Marine (28°35.1'N latitude), Stetson-Miami Terrace Deepwater Coral Corals Sea Fans, and Non-erect, Habitat Area of Particular Concern (HAPC), and Pourtales Encrusting Octocorals; Exception Terrace Deepwater Coral HAPC. Rule 68B-42.004, F.A.C., PURPOSE AND EFFECT: The purpose of these rule (Size Limits) would be modified to clarify that size limits amendments is to extend Florida’s octocoral and marine life established in this section for all marine life species apply in regulations into federal waters. The Gulf of Mexico Fishery state and adjacent federal waters. Management Council intends to remove octocorals from its Rule 68B-42.005, F.A.C., (Recreational Bag Limit) and Rule Coral and Coral Reefs Fishery Management Plan (FMP) and 68B-42.006, F.A.C., (Commercial Season, Harvest Limits) the South Atlantic Fishery Management Council is in the would be modified to clarify that the bag limits established in process of redefining the fishery management unit in their these sections for all marine life species, including octocorals, Coral, Coral Reef, and Live/Hardbottom Habitat FMP to apply in state and adjacent federal waters. Specifically, the exclude allowable octocorals in federal waters off Florida. 6-colony recreational bag limit for octocorals established in These actions would result in the repeal of federal regulations Rule 68B-42.005, F.A.C., would be extended into federal for octocorals and allow Florida to take over management of waters. The allowance for harvest of octocorals with attached these species in federal waters off Florida. Based on substrate within 1 inch of the perimeter of the holdfast would Commission direction and at the request of the Councils, be extended into federal waters. The proposed final rule would Florida agreed to manage the octocoral fishery in both state establish an annual quota of 70,000 colonies for octocoral and federal waters. In addition to extending existing state harvest in state and adjacent federal waters. Additionally, these regulations into federal waters, the rule amendments would sections would be modified to specify that if the quota for also establish an annual quota for octocoral harvest in state and octocoral harvest described in Rule 68B-42.006, F.A.C., is met federal waters off Florida. Additionally, the Commission before the end of the fishing year, all harvest of octocorals would continue to prohibit all harvest of octocorals in Atlantic would be prohibited from the date the octocoral quota is federal waters north of Cape Canaveral and in the Coral projected to be met until the following October 1. Language Habitat Areas of Particular Concern adjacent to Florida state that closes state waters to octocoral harvest when federal waters (Stetson-Miami Terrace and Pourtales Terrace). waters close would be removed. Finally, the zone north and The effect of these rule amendments would be to extend west of the southernmost point of Egmont Key in the Gulf of Florida’s marine life regulations into federal waters in the Mexico in which ornamental sponges may be collected with absence of federal rules, establish an annual quota for octocoral attached substrate within 1 inch of the perimeter of the holdfast harvest in state and federal waters off Florida, and to add at the base of the sponge and extending 1 inch below the federal waters closed areas to state rules. These rules would be holdfast of the sponge would also be extended into adjacent effective upon repeal of federal octocoral regulations and are federal waters. not expected to affect the octocoral fishery because similar

Section II - Proposed Rules 2265 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Rule 68B-42.0065, F.A.C., (Commercial Requirements; THE PERSON TO BE CONTACTED REGARDING THE Endorsements; Requalifying; Appeals; Leasing; PROPOSED RULES IS: William Teehan, Fish and Wildlife Transferability) would be modified to clarify that a marine life Conservation Commission, 620 South Meridian Street, tiered endorsement is required for commercial harvest of Tallahassee, Florida 32399-1600, (850)487-0554 species listed in this rule in state and adjacent federal waters. Rule 68B-42.008, F.A.C., (Live Rock: Harvest in State Waters THE FULL TEXT OF THE PROPOSED RULES IS: Prohibited; Aquacultured Live Rock Harvest and Landing 68B-42.002 Definitions. Allowed) would be modified to clarify that substrate that is As used in this rule chapter: lawfully harvested as part of the harvest of ornamental sponges pursuant to this chapter are exempt from prohibitions on the (1) No change. harvest, possession, or sale of live rock. Outdated references in (2) “Colony” means a continuous group of octocoral this section would also be updated. Rule 68B-42.009, F.A.C., polyps forming a single unit. (Prohibition on the Taking, Destruction, or Sale of Marine (2) through (18) renumbered (3) through (19) No change. Corals, Sea Fans, and Non-erect, Encrusting Octocorals; PROPOSED EFFECTIVE DATE: October 31, 2011. Exception – Formerly titled Prohibition on the Taking, Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Destruction, or Sale of Marine Corals and Sea Fans; Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Exception.) would be modified to clarify that harvest and Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.002, Amended possession of any non-erect, encrusting species of the Subclass 2-1-05, 7-1-06, 7-1-09, 10-31-11. Octocorallia is prohibited. This prohibition would not apply to any non-erect, encrusting species of the Subclass Octocorallia 68B-42.003 Prohibition of Harvest: Longspine Urchin, that is 1) legally harvested outside state and adjacent federal Bahama Starfish. waters and entering Florida in interstate or international No person shall harvest, or possess within or without the commerce harvested or 2) harvested and possessed pursuant to waters of while in or on the waters of the state, or land any of state and federal aquacultured live rock regulations. the following species: SUMMARY OF STATEMENT OF ESTIMATED (1) Longspine urchin, Diadema antillarum. REGULATORY COSTS: The Agency has determined that this (2) Bahama starfish, Oreaster reticulatus. will not have an adverse impact on small business or likely PROPOSED EFFECTIVE DATE: October 31, 2011. increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law implementation of the rule. A SERC has not been prepared by Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, Formerly 46-42.003, Amended 10-31-11. the agency. Any person who wishes to provide information regarding a 68B-42.0035 Live Landing and Live Well Requirements. statement of estimated regulatory costs, or provide a proposal (1) Each person harvesting any tropical ornamental marine for a lower cost regulatory alternative must do so in writing life species or any tropical ornamental marine plant within or within 21 days of this notice. without state waters shall land such marine organism alive. RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida (2) Each person harvesting any tropical ornamental marine Constitution. life species or any tropical ornamental marine plant within or LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution. without state waters shall have aboard the vessel being used for A HEARING WILL BE HELD AT THE DATES, TIME AND such harvest a continuously circulating live well or aeration or PLACE SHOWN BELOW: oxygenation system of adequate size and capacity to maintain DATES AND TIME: During the Commission’s regular such harvested marine organisms in a healthy condition. meeting, September 7-9, 2011, 8:30 a.m. – 5:00 p.m., each day PROPOSED EFFECTIVE DATE: October 31, 2011. PLACE: Naples Grande Beach Resort, 475 Seagate Drive Naples, FL 34103 Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Pursuant to the provisions of the Americans with Disabilities Formerly 46-42.0035, Amended 10-31-11. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the 68B-42.0036 Closed Areas Harvest in Biscayne National agency at least 5 days before the workshop/meeting by Park Prohibited; Exception. contacting: The ADA Coordinator, at (850)488-6411. If you (1) through (2) No change. are hearing or speech impaired, please contact the agency using (3) No person shall harvest or possess any octocorals in the Florida Relay Service, 1(800)955-8771 (TDD) or the following areas: 1(800)955-8770 (Voice).

2266 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(a) Federal Exclusive Economic Zone (EEZ) waters of the 171 26°09’17”N 79°58’45”W Atlantic Ocean north of 28°35.1' N. lat. (due east of the NASA 172 26°07’11”N 80°00’22”W Vehicle Assembly Building, Cape Canaveral, FL). 173 26°06’12”N 80°00’33”W (b) Stetson-Miami Terrace Deepwater Coral Habitat Area 174 26°03’26”N 80°01’02”W of Particular Concern. 175 26°00’35”N 80°01’13”W (c) Pourtales Terrace Deepwater Coral Habitat Area of 176 25°49’10”N 80°00’38”W Particular Concern, 177 25°48’30”N 80°00’23”W (4) For the puposes of this rule, the term “Stetson-Miami 178 25°46’42”N 79°59’14”W Terrace Deepwater Coral Habitat Area of Particular Concern” 179 25°27’28”N 80°02’26”W shall mean all waters lying within the following geographical 180 25°24’06”N 80°01’44”W boundary coordinates: 181 25°21’04”N 80°01’27”W Point Latitude Longitude 182 25°21’04”N 79°42’04”W 133 28°30’37”N 79°48’35”W 134 28°14’00”N 79°46’20”W (5) For the purposes of this rule, the term “Pourtales 135 28°11’41”N 79°46’12”W Terrace Deepwater Coral Habitat Area of Particular Concern” shall mean all waters lying within the following geographical 136 28°08’02”N 79°45’45”W boundary coordinates: 137 28°01’20”N 79°45’20”W Point Latitude Longitude 138 27°58’13”N 79°44’51”W Origin 24°20’12”N 80°43’50”W 139 27°56’23”N 79°44’53”W 1 24°33’42”N 80°34’23”W 140 27°49’40”N 79°44’25”W 2 24°37’45”N 80°31’20”W 141 27°46’27”N 79°44’22”W 3 24°47’18”N 80°23’08”W 142 27°42’00”N 79°44’33”W 4 24°51’08”N 80°27’58”W 143 27°36’08”N 79°44’58”W 5 24°42’52”N 80°35’51”W 144 27°30’00”N 79°45’29”W 6 24°29’44”N 80°49’45”W 145 27°29’04”N 79°45’47”W 7 24°15’04”N 81°07’52”W 146 27°27’05”N 79°45’54”W 8 24°10’55”N 80°58’11”W 147 27°25’47”N 79°45’57”W PROPOSED EFFECTIVE DATE: October 31, 2011. 148 27°19’46”N 79°45’14”W 149 27°17’54”N 79°45’12”W Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law 150 27°12’28”N 79°45’00”W Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Formerly 46-42.0036, Amended 10-31-11. 151 27°07’45”N 79°46’07”W 152 27°04’47”N 79°46’29”W 68B-42.004 Size Limits. 153 27°00’43”N 79°46’39”W (1) The regulations in this section apply in all state waters 154 26°58’43”N 79°46’28”W and, in absence of any regulations for the species in federal 155 26°57’06”N 79°46’32”W waters, apply in adjacent federal Exclusive Economic Zone 156 26°49’58”N 79°46’54”W (EEZ) waters. 157 26°48’58”N 79°46’56”W (2)(1) Angelfishes: 158 26°47’01”N 79°47’09”W (a) No person harvesting for commercial purposes shall 159 26°46’04”N 79°47’09”W harvest, possess while in or on the waters of the state, or land 160 26°35’09”N 79°48’01”W any of the following species of angelfish (Family 161 26°33’37”N 79°48’21”W Pomacanthidae), of total length outside of the limits specified 162 26°27’56”N 79°49’09”W below: 163 26°25’55”N 79°49’30”W 1. through 3. No change. 164 26°21’05”N 79°50’03”W (b) No change. 165 26°20’30”N 79°50’20”W (3)(2) Butterflyfishes: 166 26°18’56”N 79°50’17”W (a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the state 167 26°16’19”N 79°54’06”W , or land any butterflyfish (Family Chaetodontidae) of total length less 168 26°13’48”N 79°54’48”W than one (1) inch. 169 26°12’19”N 79°55’37”W 170 26°10’57”N 79°57’05”W

Section II - Proposed Rules 2267 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(b) No person shall harvest, possess while in or on the ornamental marine plants, in any combination of species. No waters of the state, or land any butterflyfish of total length person shall harvest or possess more than 2 gallons of tropical greater than 4 inches. ornamental plants anywhere at any time. (4)(3) Gobies – No person shall harvest, possess while in (4)(3) Except as provided in Rule 68B-42.006, F.A.C., no or on the waters of the state, or land any gobie (Family person shall harvest, possess while in or on the waters of the Gobiidae) of total length greater than 2 inches. state, or land more than 5 angelfishes (Family Pomacanthidae) (5)(4) Jawfishes – No person shall harvest, possess while per day. Each angelfish shall be counted for purposes of the 20 in or on the waters of the state, or land any jawfish (Family individual bag limit specified in subsection (1) of this rule. Opistognathidae) of total length greater than 4 inches. (5)(4)(a) Except as provided in Rule 68B-42.006, F.A.C., (6)(5) Porkfish – No person shall harvest, possess while in or unless Unless the season is closed pursuant to paragraph (b), or on the waters of this state, or land any porkfish (Anisotremus no person shall harvest, possess while in or on the waters of the virginicus) of total length less than 1 1/2 inches. state, or land more than 6 colonies per day of octocorals. Each (7)(6) Cuban (Spotfin) and Spanish hogfish: colony of octocorals or part thereof shall be considered an (a) No person shall harvest, possess while in or on the individual of the species for purposes of subsection (2)(1) of waters of this state, or land any Spanish hogfish (Bodianus this rule and shall be counted for purposes of the 20 individual rufus) of total length less than 2 inches. bag limit specified therein. Each person harvesting any (b) No person shall harvest, possess while in or on the octocoral as authorized by this rule may also harvest substrate waters of this state, or land any Cuban (spotfin) hogfish within 1 inch of the perimeter of the holdfast at the base of the (Bodianus pulchellus) of total length less than 3 inches. octocoral, provided that such substrate remains attached to the octocoral. (c) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish (Bodianus (b) If the harvest of octocorals in federal Exclusive rufus) or Cuban (spotfin) hogfish (Bodianus pulchellus) of Economic Zone (EEZ) waters adjacent to state waters is closed total length greater than 8 inches. to all harvesters If the octocoral quota established in Rule (8)(7) Tangs – No person shall harvest, possess while on 68B-42.006, F.A.C. is projected to be met prior to September 30 of any year, the season for harvest of octocorals in state the waters of the state, or land any tangs (Family Acanthuridae) of fork length greater than 9 inches. waters shall also close until the following October 1, upon notice given by the Executive Director of the Fish and Wildlife (9)(8) Parrotfish – No person shall harvest, possess while Conservation Commission, in the manner provided in Section on the waters of the state, or land any parrotfish (Family 120.81(5), F.S. Scaridae) of total length greater than 12 inches. (6)(5) Except as provided in Rule 68B-42.006, F.A.C., no PROPOSED EFFECTIVE DATE: October 31, 2011. person shall harvest, possess while in or on the waters of the Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law state, or land more than 5 single polyps in the order Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Corallimorpharia. Each polyp must be harvested using a Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.004, Amended flexible blade, such as a putty knife, razor blade, or paint 6-1-99, 7-1-09, 10-31-11. scraper with a blade no wider than 2 inches. 68B-42.005 Recreational Bag Limit. (7)(6) Except as provided in Rule 68B-42.006, F.A.C., no (1) The regulations in this section apply in all state waters person shall harvest, possess while in or on the waters of the and, in absence of any regulations for the species in federal state, or land more than 5 polyps of the order Zoanthidea. Each waters, apply in adjacent federal Exclusive Economic Zone zoanthid polyp must be harvested using a flexible blade, such (EEZ) waters. as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches. (2)(1) Except as provided in Rule 68B-42.006, F.A.C., or subsection (3) or (4) of this rule, no person shall harvest, (8)(7) Except as provided in Rule 68B-42.006, F.A.C., no possess while in or on the waters of the state, or land more than person shall harvest, possess while in or on the waters of the 20 individuals per day of tropical ornamental marine life state, or land more than 5 ornamental sponges as defined in species. No more than 5 of any one species, as defined in Rule 68B-42.001, F.A.C. In all state waters north of a line subsections 68B-42.001(2) and (3), F.A.C., can be harvested extending due west from the southernmost point of Egmont within the 20 organism bag limit. No person shall possess more Key in the Gulf of Mexico, northward and westward these than 40 total marine life organisms anywhere at any time. sponges can be collected with substrate within 1 inch of the (3)(2) Except as provided in Rule 68B-42.006, F.A.C., no perimeter of the holdfast at the base of the sponge and person shall harvest, possess while in or on the waters of the extending 1 inch below the holdfast of the sponge. South of state, or land more than one (1) gallon per day of tropical this line, no substrate is allowed. PROPOSED EFFECTIVE DATE: October 31, 2011.

2268 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law 68B-42.0065 Commercial Requirements; Endorsements; Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Requalifying; Appeals; Leasing; Transferability. Amended 1-1-95, Formerly 46-42.005, Amended 7-1-09, 10-31-11. (1)(a) Beginning in the 2005/2006 license year, in addition 68B-42.006 Commercial Season, Harvest Limits. to a valid saltwater products license with a valid restricted species endorsement, a marine life tiered endorsement is (1) The regulations in this section apply in all state waters required to harvest marine life species within or without state and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone waters in quantities greater than the recreational bag limit or to sell marine life species as defined by Rule 68B-42.001, F.A.C. (EEZ) waters. (b) No change. (2)(1) Except as provided in Rule 68B-42.008, F.A.C., no person shall harvest, possess while in or on the waters of the (2) through (17) No change. state, or land quantities of tropical ornamental marine life PROPOSED EFFECTIVE DATE: October 31, 2011. species or tropical ornamental marine plants in excess of the Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law bag limits established in Rule 68B-42.005, F.A.C., unless such Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-05, person is fishing under or harvesting under a valid saltwater Amended 7-1-09, 5-1-11, 10-31-11. products license with both a marine life fishery endorsement and a restricted species endorsement issued by the Fish and 68B-42.008 Live Rock: Harvest in State Waters Wildlife Conservation Commission. Prohibited; Aquacultured Live Rock Harvest and Landing (3)(2) Persons harvesting tropical ornamental marine life Allowed. species or tropical ornamental marine plants for commercial (1) through (2) No change. purposes shall have a season that begins on October 1 of each (3) Subsection (1) shall not apply to: year and continues through September 30 of the following (a) No change. year. These persons shall not harvest, possess while in or on the (b) Any person lawfully harvesting substrate as part of the waters of the state, or land tropical ornamental marine life harvest of octocorals or ornamental sponges pursuant to species in excess of the following limits: subsection 68B-42.005(5)(4), or paragraph 68B-42.006(3)(2) (a) through (e) No change. (f), subsection 68B-42.005(7), or paragraph 68B-42.006(3)(n), (f) There shall be no limits on the harvest for commercial F.A.C. purposes of octocorals unless and until the season for all PROPOSED EFFECTIVE DATE: October 31, 2011 harvest of octocorals in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters is closed. The quota for Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, all persons who harvest allowable octocoral is 70,000 colonies. Amended 10-18-93, 1-1-95, Formerly 46-42.008, Amended 6-1-99, When this quota is projected to be met, At such time, the 10-31-11. season for harvest of octocorals in state waters shall also close until the following October 1, upon notice given by the 68B-42.009 Prohibition on the Taking, Destruction, or Executive Director of the Fish and Wildlife Conservation Sale of Marine Corals and Sea Fans, and Non-erect, Encrusting Commission, in the manner provided in Section 120.81(5), F.S. Octocorals; Exception. Each person harvesting any octocoral as authorized by this rule (1) Except as provided in subsection (2), no person shall may also harvest substrate within 1 inch of the perimeter of the take, attempt to take, or otherwise destroy, or sell, or attempt to holdfast at the base of the octocoral, provided that such sell, any sea fan of the species Gorgonia flabellum or of the substrate remains attached to the octocoral. species Gorgonia ventalina, or any hard or stony coral (Order (g) through (m) No change. Scleractinia) or any fire coral (Genus Millepora). No person (n) There is no harvest limit of ornamental sponges as shall possess any such fresh, uncleaned, or uncured sea fan, defined in Rule 68B-42.001, F.A.C., however in all state hard or stony coral, or fire coral. No person shall harvest or waters north of a line extending due west from the possess any non-erect, encrusting species of the Subclass southernmost point of Egmont Key in the Gulf of Mexico, Octocorallia within or without state waters. northward and westward these sponges can be collected with (2) Subsection (1) shall not apply to: substrate within 1 inch of the perimeter of the holdfast at the (a) Any sea fan, hard or stony coral, or fire coral, or base of the sponge and extending 1 inch below the holdfast of non-erect, encrusting species of the Subclass Octocorallia the sponge. South of this line, no substrate is allowed. legally harvested outside of state waters or federal Exclusive PROPOSED EFFECTIVE DATE: October 31, 2011. Economic Zone (EEZ) waters adjacent to state waters and Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law entering Florida in interstate or international commerce. The Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, burden shall be upon any person possessing such species to Amended 7-1-92, 1-1-95, Formerly 46-42.006, Amended 6-1-99, establish the chain of possession from the initial transaction 2-28-02, 7-1-09, 10-31-11.

Section II - Proposed Rules 2269 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) DEPARTMENT OF FINANCIAL SERVICES of lading, and any customs receipts, and to show that such Division of Insurance Agents and Agency Services species originated from a point outside the waters of the State RULE NO.: RULE TITLE: of Florida or federal Exclusive Economic Zone (EEZ) adjacent 69B-125.004 Credit Report Use and Disclosure in to state waters and entered the state in interstate or Consideration of Insurance international commerce. Failure to maintain such Applications documentation or to promptly produce same at the request of PURPOSE AND EFFECT: This rule is being repealed since it any duly authorized law enforcement officer shall constitute a is duplicative of Rule 69O-125.004, F.A.C., which is violation of this rule. administered by the Office of Insurance Regulation. (b) Any sea fan, hard or stony coral, or fire coral, or SUMMARY: Rule 69B-125.004, F.A.C., is repealed. non-erect, encrusting species of the Subclass Octocorallia SUMMARY OF STATEMENT OF ESTIMATED harvested and possessed pursuant to the aquacultured live rock REGULATORY COSTS: The Agency has determined that this provisions of paragraph 68B-42.008(3)(a), F.A.C., Chapter will not have an adverse impact on small business or likely 597, F.S., or pursuant to a Live Rock Aquaculture Permit increase directly or indirectly regulatory costs in excess of issued by the National Marine Fisheries Service under 50 $200,000 in the aggregate within one year after the C.F.R. Section 622.41(a) and meeting the following implementation of the rule. A SERC has not been prepared by requirements: the agency. 1. through 3. No change. Any person who wishes to provide information regarding a 4. Any sea fan, hard or stony coral, or fire coral, or statement of estimated regulatory costs, or provide a proposal non-erect, encrusting species of the Subclass Octocorallia for a lower cost regulatory alternative must do so in writing harvested pursuant to paragraph 68B-42.008(3)(a), F.A.C., within 21 days of this notice. shall remain attached to the cultured rock. RULEMAKING AUTHORITY: 624.308(1), 626.9611 FS. PROPOSED EFFECTIVE DATE: October 31, 2011. LAW IMPLEMENTED: 624.307(1), 626.9541(1)(a)4., (x), Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 626.9641(1)(a), 627.318, 627.4091 FS. 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws THIS NOTICE, A HEARING WILL BE HELD AT THE of Fla., as amended by Chapter 84-121, Laws of Fla. History–New DATE, TIME AND PLACE SHOWN BELOW (IF NOT 1-1-95, Amended 7-15-96, Formerly 46-42.009, Amended 7-1-09, 10-31-11. REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: August 29, 2011, 10:00 a.m. BE ADVISED THAT THESE PROPOSED RULES MAY BE PLACE: Room 142, Larson Building, 200 E. Gaines Street, FILED FOR ADOPTION AS SOON AS POSSIBLE Tallahassee, FL FOLLOWING THE COMMISSION MEETING AT WHICH Pursuant to the provisions of the Americans with Disabilities THEY ARE CONSIDERED IF THE RULES ARE NOT Act, any person requiring special accommodations to CHANGED. IF CHANGED, THE RULES MAY BE FILED participate in this workshop/meeting is asked to advise the AS SOON AS POSSIBLE AFTER PUBLICATION OF A agency at least 5 days before the workshop/meeting by NOTICE OF CHANGE IN THE F.A.W. contacting: Cindy Benefield, (850)413-5404 or NAME OF PERSON ORIGINATING PROPOSED RULE: [email protected]. If you are hearing or William Teehan, Division of Marine Fisheries Management, speech impaired, please contact the agency using the Florida 620 South Meridian Street, Tallahassee, Florida 32399-1600, Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (850)487-0554 (Voice). NAME OF AGENCY HEAD WHO APPROVED THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE: Florida Fish and Wildlife Conservation PROPOSED RULE IS: Cindy Benefield, Senior Management Commission Analyst, Division of Insurance Agents and Agency Services, 200 E. Gaines Street, Tallahassee, FL 32399 (850)413-5404 DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2011 THE FULL TEXT OF THE PROPOSED RULE IS: DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010 69B-125.004 Credit Report Use and Disclosure in Consideration of Insurance Applications. Rulemaking Specific Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 626.9541(1)(a)4., (x), 626.9641(1)(a), 627.318, 627.4091 FS. History–New 10-10-96, Formerly 4-125.004, Repealed______.

2270 Section II - Proposed Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

NAME OF PERSON ORIGINATING PROPOSED RULE: 6A-6.09021 Annual English Language Greg Thomas, Director, Division of Insurance Agents and Proficiency Assessment for English Agency Services Language Learners NAME OF AGENCY HEAD WHO APPROVED THE 6A-6.09022 Extension of Services in English for PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Speakers of Other Languages Department of Financial Services Program DATE PROPOSED RULE APPROVED BY AGENCY 6A-6.0903 Requirement for Classification, HEAD: July 18, 2011 Reclassification, and Post Reclassification of English Language Learners Section III 6A-6.09031 Post Reclassification of English Notices of Changes, Corrections and Language Learners Withdrawals NOTICE OF CONTINUATION Notice is hereby given that the above rule, as noticed in Vol. DEPARTMENT OF STATE 37, No. 20, May 20, 2011 Florida Administrative Weekly has been continued from August 16, 2011 to September 20, 2011. Division of Elections RULE NO.: RULE TITLE: DEPARTMENT OF FINANCIAL SERVICES 1S-2.002 Placement of Races on Primary Ballots Division of Funeral, Cemetery, and Consumer Services NOTICE OF CORRECTION RULE NO.: RULE TITLE: Notice is hereby given that the following correction has been 69K-23.003 Renewal of direct disposer licenses made to the proposed rule in Vol. 37, No. 27, July 8, 2011 issue NOTICE OF CORRECTION of the Florida Administrative Weekly. If adopted, the proposed Notice is hereby given that the following changes have been rule repeal is not expected to require legislative rule ratification made to the proposed rule in accordance with subparagraph under Section 120.541(3), Florida Statutes (or any other 120.54(3)(d)1., F.S., published in Vol. 37, No. 25, June 24, statute) before becoming effective for the following reasons: 1) 2011 issue of the Florida Administrative Weekly. This notice no requirement for the Statement of Economic Regulatory advises of a change in the date and time of the hearing Costs (SERC) was triggered under Section 120.541(1), Florida regarding this proposed rule. The hearing regarding this Statutes, and 2) based on past experiences with election-related proposed rule was initially set for July 13, 2011, but has been activities and rules of this nature, the adverse impact or changed as follows. The hearing regarding this proposed rule, regulatory cost, if any, do not exceed nor would exceed any if requested, will be held on August 25, 2011 at 9:00 a.m., at one of the economic analysis criteria in a SERC as set forth in Room 332, Pepper Building, 111 W. Madison Street, Section 120.541(2)(a), Florida Statutes. Tallahassee, Florida. No changes have been made to the text of the proposed rule, as published in Vol. 37, No. 25, June 24, DEPARTMENT OF EDUCATION 2011 issue of the Florida Administrative Weekly. State Board of Education RULE NO.: RULE TITLE: Section IV 6A-2.0040 Sanitation Standards in K-12 Private Emergency Rules Schools NOTICE OF CONTINUATION DEPARTMENT OF REVENUE Notice is hereby given that the above rule, as noticed in Vol. 37, No. 15, April 15, 2011 Florida Administrative Weekly has Corporate, Estate and Intangible Tax been continued from August 16, 2011 to September 20, 2011. RULE NO.: RULE TITLE: 12CER11-15 Adjustments for Excess Section 179 DEPARTMENT OF EDUCATION Expense and Special Bonus Depreciation State Board of Education SPECIFIC REASONS FOR FINDING AN IMMEDIATE RULE NOS.: RULE TITLES: DANGER TO THE PUBLIC HEALTH, SAFETY OR 6A-6.0902 Requirements for Identification, WELFARE: Chapter 2011-229, Laws of Florida, authorizes the Eligibility Programmatic and Department of Revenue to promulgate an emergency rule, and Annual Assessments of English to renew such rule, to implement the provisions of the law. The Language Learners law provides that conditions necessary for an emergency rule and its renewal have been met. Chapter 2011-229, Laws of

Section III - Notices of Changes, Corrections and Withdrawals 2271 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Florida, retroactively makes changes related to bonus 12CER11-15 Adjustments for Excess Section 179 depreciation and section 179 expense of the Internal Revenue Expense and Special Bonus Depreciation. Code (I.R.C.). As a result of these changes, contained in (1) Scope. This rule only applies to taxpayers subject to Section 220.13(1)(e), F.S., taxpayers may need to file amended the adjustments contained in Section 220.13(1)(e), F.S., for returns. This emergency rule establishes procedures for IRC section 179 expense in excess of $250,000 (for tax years reporting the additions and claiming the subtractions required beginning in 2010) and $128,000 (for tax years beginning in by Section 220.13(1)(e), F.S., and provides procedures for 2011) and bonus depreciation under IRC sections 167 and filing amended Florida corporate income tax return(s). 168(k). REASON FOR CONCLUDING THAT THE PROCEDURE (2) Additions Required: IS FAIR UNDER THE CIRCUMSTANCES: The Legislature (a)1. For tax years that begin in 2010, taxpayers are expressly authorized the promulgation of an emergency rule, required to addback the amount of the federal deduction and the renewal of such rule, to implement Chapter 2011-229, claimed under section 179 of the Internal Revenue Code Laws of Florida, and determined that all conditions necessary (“IRC”) that exceeds $250,000. All amounts in excess of for this emergency rule have been met. The law is retroactive, $250,000 are required to be added back, including amounts and as a result, some taxpayers need to amend their Florida carried over from previous tax years under IRC section corporate income tax return(s) if a return(s) affected by these 179(b)(3)(B). The increased overall investment limitation changes was previously filed. This emergency rule establishes contained in IRC section 179(b)(2) is the same for Florida as it procedures for reporting additions and claiming the is for federal income tax purposes. subtractions required by Section 220.13(1)(e), F.S., so that 2. For tax years that begin in 2011 and 2012, taxpayers are taxpayers may timely file the required amended returns. required to addback the amount of the federal deduction SUMMARY: Emergency Rule 12CER11-15, (Adjustments for claimed under section 179 of the Internal Revenue Code Section 179 Expense and Special Bonus Depreciation), (“IRC”) that exceeds $128,000. All amounts in excess of provides procedures for taxpayers subject to the adjustments $128,000 are required to be added back, including amounts contained in Section 220.13(1)(e), F.S., for I.R.C. section 179 carried over from previous tax years under IRC section expense in excess of: $250,000 (for tax years beginning in 179(b)(3)(B). The increased overall investment limitation 2010) and $128,000 (for tax years beginning in 2011) and contained in IRC section 179(b)(2) is the same for Florida as it bonus depreciation under I.R.C. sections 167 and 168(k). This is for federal income tax purposes. emergency rule: (1) provides the additions that taxpayers are (b) Taxpayers are required to addback the amount of the required to addback to the amount of the federal deduction federal deduction claimed as bonus depreciation under IRC claimed under I.R.C. sections 167 and 168(k) for bonus sections 167 and 168(k) for assets placed in service after depreciation and under I.R.C. section 179 that exceeds: December 31, 2009, and before January 1, 2013. $250,000 (for tax years beginning in 2010) and $128,000 (for (3) Subtractions Allowed: tax years beginning in 2011); (2) provides the subtractions that (a) In each of the seven tax years commencing with the are available in each of seven tax years beginning with the year year the addition is made under Section 220.13(1)(e), F.S., an addition is made under Section 220.13(1)(e), F.S.; (3) taxpayers may subtract one-seventh of the amount of excess requires taxpayers to maintain a schedule reflecting all IRC section 179 expense and one-seventh of the amount of adjustments made under Section 220.13(1)(e), F.S.; (4) bonus depreciation that is added back under Section provides that these adjustments do not affect the basis of the 220.13(1)(e), F.S. property; and (5) provides when the subtractions under Section (b) The total amount that may be subtracted over the 220.13(1)(e), F.S., and when the deductions allowed under seven-year period should equal, but may not exceed, the I.R.C. section 179 are not required to be included in a amounts of IRC section 179 expense and bonus depreciation taxpayer’s Florida corporate income tax return. that have been added back to Florida taxable income under THE PERSON TO BE CONTACTED REGARDING THE Section 220.13(1)(e), F.S. EMERGENCY RULE IS: Jermane L. Wright, Senior Attorney, (c) Subtractions may be transferred to the surviving Technical Assistance and Dispute Resolution, Department of company in a merger or acquisition. Otherwise, if a taxpayer Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, ceases to do business during the seven-year period, it may not telephone (850)717-7602 accelerate, transfer or otherwise utilize a subtraction. THE FULL TEXT OF THE EMERGENCY RULE IS: (4) A schedule reflecting all of the adjustments made under Section 220.13(1)(e), F.S., must be created and maintained. Taxpayers must also report any additions on Schedule I, Additions and/or Adjustments to Federal Taxable

2272 Section IV - Emergency Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Income, of the Florida Corporate Income/Franchise and depreciation or IRC section 179 expense unless it has been Emergency Tax Return (Form F-1120, incorporated by added back in computing Florida taxable income under Section reference in Rule 12C-1.051, F.A.C.) and any subtractions on 220.13(1)(e), F.S. Schedule II, Subtractions from Federal Taxable Income, of the Rulemaking Authority s. 4, Ch. 2011-229, L.O.F. Law Implemented return for the applicable tax year. Partnerships filing a Florida Ch. 2011-229, L.O.F. History–New 7-22-11. Partnership Information Return (Form F-1065, incorporated by reference in Rule 12C-1.051, F.A.C.) are required to make the THIS RULE TAKES EFFECT UPON BEING FILED WITH adjustments required by Section 220.13(1)(e), F.S., on Part I of THE DEPARTMENT OF STATE UNLESS A LATER TIME Form F-1065. AND DATE IS SPECIFIED IN THE RULE. (5) Basis of Property: The adjustments required by Section EFFECTIVE DATE: July 22, 2011 220.13(1)(e)1. and 2., F.S., (relating to excess IRC section 179 expense and bonus depreciation), do not affect the basis of the Section V underlying property. The basis of the property for Florida corporate income tax purposes is the same as the basis of the Petitions and Dispositions Regarding Rule property for federal income tax purposes. If the property is sold Variance or Waiver or otherwise disposed of, the gain or loss for Florida corporate income tax purposes is the same as the gain or loss for federal DEPARTMENT OF LAW ENFORCEMENT income tax purposes and is included in federal taxable income apportioned to Florida. Differences in the apportionment NOTICE IS HEREBY GIVEN that on July 25, 2011, the fraction from one year to the next are disregarded. The Criminal Justice Standards and Training Commission, received applicable depreciation conventions, methods, and recovery a petition for a waiver of subsection 11B-35.003(4), F.A.C., by periods are computed in the same manner as they are computed Barry Garcia. The rule requires individuals to complete high in determining federal taxable income. liability training at a Commission-certified training school under Commission-certified instructors for such training to (6) Amended Returns and Section 220.13(1)(e), F.S. count toward becoming fully certified officers. The Petitioner Taxpayers that filed their Florida corporate income tax returns wishes to waive that portion of the rule requiring him to in a manner inconsistent with these changes in law are required complete high liability courses at a Commission-certified to amend their Florida corporate income tax return(s) to training school. The petitioner completed high liability training conform to the new law. To the extent that any tax is due and at the agency at which he is an auxiliary officer and does not paid on an amended return(s) as a result of these changes in wish to repeat the courses as part of his officer certification law for the differences between the additions and subtractions process. required by Section 220.13(1)(e), F.S., and the adjustments required by Section 220.13(1)(e), F.S., reasonable cause exists A copy of the Petition for Variance or Waiver may be obtained under Rule 12-13.007, F.A.C., for a waiver of the resulting by contacting: Grace A. Jaye, Assistant General Counsel, penalty. The provisions of this rule do not relieve a taxpayer of Florida Department of Law Enforcement, P. O. Box 1489, its obligation to file a Florida corporate income tax return and Tallahassee, FL 32302 or by telephoning (850)410-7676. report the adjustments required by Section 220.13(1)(e), F.S. (7) The subtractions allowed by Section 220.13(1)(e), F.S., NOTICE IS HEREBY GIVEN that on July 20, 2011, the are the means by which the additions required by Section Criminal Justice Standards and Training Commission, received 220.13(1)(e), F.S., are reconciled and recovered. If a taxpayer a petition for a permanent waiver of subsection does not claim a deduction for bonus depreciation or a 11B-27.00212(14), F.A.C., from Miramar Police Department. deduction for IRC section 179 expense in excess of $250,000 The rule requires officers to requalify with a firearm every two (for tax years beginning in 2010) and $128,000 (for tax years years on a course of fire mandated by Commission rule. The beginning in 2011), no add-back is required or subtraction petition supports the requested waiver by stating that the allowed for Florida corporate income tax purposes. Similarly, officers for whom the waiver is sought did successfully if a taxpayer did not add back bonus depreciation or excess complete the course of fire, however, the instructors who section 179 expense because, for example, it was not subject to supervised the mandatory shoots were not fully certified as a the Florida corporate income tax in that year, no subtraction is CJSTC firearms instructors at the time of the officers’ allowed for Florida corporate income tax purposes. requalifications. Petitioner states that the officers will suffer a (8) Bonus depreciation claimed for assets placed in service substantial hardship if their certifications are rendered inactive after December 31, 2012, is not required to be added back as a result of this situation. Petitioner further states that it under Section 220.13(1)(e), F.S. IRC section 179 expense would violate the principles of fairness to fail to recognize that claimed in tax years beginning after December 31, 2012, is not the officers affected by this situation did successfully complete required to be added back. No subtraction is allowed for bonus

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 2273 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 the requirement simply because the instructors had not WATER MANAGEMENT DISTRICTS submitted all of their paperwork to become CJSTC certified NOTICE IS HEREBY GIVEN that on June 28, 2011, the firearms instructors. Governing Board of the District issued an order granting a A copy of the Petition for Variance or Waiver may be obtained variance. by contacting: Grace A. Jaye, Assistant General Counsel, The District received a Petition from the City of Tampa on Florida Department of Law Enforcement, P. O. Box 1489, October 1, 2010, for a variance from District rules sub- Tallahassee, FL 32302. subparagraphs 40D-80.073(8)(b)3.a., 40D-80.073(8)(b)3.b. and 40D-80.073(8)(b)3.c., F.A.C. Notice of the variance NOTICE IS HEREBY GIVEN that on July 25, 2011, the request that was published in Florida Administrative Weekly, Criminal Justice Standards and Training Commission, received Vol. 36, No. 41, October 15, 2010. requests an extension of the a petition for a permanent waiver of subsection deadlines set forth in rules sub-subparagraphs 11B-27.00212(14), F.A.C., from the University of West Florida 40D-80.073(8)(b)3.a. and 40D-80.073(8)(b)3.b., F.A.C., as Police Department on behalf of 19 officers. Subsection extended pursuant to SWF Order No. 09-035, and the deadline 11B-27.00212(14), F.A.C., requires officers to requalify with a in sub-subparagraph 40D-80.073(8)(b)3.c., F.A.C., for firearm every two years on a course of fire mandated by completion of the Sulphur Springs weirs modifications and the Commission rule and supervised by CJSTC certified firearms Blue Sink project as part of the recovery strategy for the Lower instructors. The petition supports the requested waiver by Hillsborough River Minimum Flow. The Order granted stating that the officers did successfully complete the course of variances so that the deadline for completion of the Sulphur fire, however, they were not supervised by CJSTC certified Springs lower weir modification described in firearms instructors while qualifying during the 2008 and 2010 sub-subparagraph 40D-80.073(8)(b)3.a., F.A.C., is now reporting cycles. Petitioner states that the agency’s officers will December 1, 2011, deadline for completion of the Sulphur suffer a substantial hardship if their certifications are rendered Springs upper weir modification described in inactive as a result of this situation. Petitioner further states sub-subparagraph 40D-80.073(8)(b)3.b., F.A.C., is now that it would violate the principles of fairness to fail to October 1, 2012, and the deadline for completion of the Blue recognize that the officers affected by this situation did Sink project described in sub-subparagraph successfully complete the requirement simply because their 40D-80.073(8)(b)3.c., F.A.C., is now October 31, 2013. The instructors were not CJSTC certified firearms instructors. extension of the deadlines will not affect the City’s recovery A copy of the Petition for Variance or Waiver may be obtained strategy obligation nor the ultimate deadlines to meet the by contacting: Grace A. Jaye, Assistant General Counsel, minimum flows for Sulphur Springs and the Lower Florida Department of Law Enforcement, P. O. Box 1489, Hillsborough River. Tallahassee, FL 32302 or by telephoning (850)410-7676. A copy of the Order may be obtained by contacting: Pamela Gifford, at Southwest Florida Water Management District, PUBLIC SERVICE COMMISSION 2379 Broad Street, Brooksville, Florida 34604-6899, NOTICE IS HEREBY GIVEN that on July 20, 2011, the (352)796-7211. Florida Public Service Commission received a petition from Birch Telecom of the South, Inc. d/b/a Birch Telecom d/b/a AGENCY FOR HEALTH CARE ADMINISTRATION Birch Communications in Docket No.: 110231-TP, seeking NOTICE IS HEREBY GIVEN that on July 21, 2011, the waiver from Rule 25-4.118, Florida Administrative Code. Agency for Health Care Administration received a petition for A copy of the petition can be obtained from the Office of “Revised Petition for Variance – Florida Medicaid Commission Clerk, Florida Public Service Commission, 2540 Developmental Disabilities Waiver Services Coverage and Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. Limitations Handbook Page 1-4,” which is treated as a Petition The rule addresses local, local toll, or toll provider selection. for Variance from Rule 59G-13.083, Florida Administrative Comments on the petition should be filed with the Office of Code (“Petition”). The Petition was filed by the National Deaf Commission Clerk, Florida Public Service Commission, 2540 Academy, LLC d/b/a National Deaf Academy (“NDA”) on Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, behalf of resident, A.O. Rule 59G-13.083, Florida within 14 days after publication of this notice. For additional Administrative Code, entitled Developmental Disabilities information, please contact: Kathryn G.W. Cowdery, Office of Waiver Services, requires that all developmental disabilities the General Counsel, at the above address or telephone waiver services providers enrolled in the Medicaid program (850)413-6199. must be in compliance with the Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook (“DD Handbook”), May 2010, incorporated by reference, and the Florida Medicaid Provider

2274 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Reimbursement Handbook, CMS-1500, which is incorporated A copy of the Petition may be obtained by contacting: Mark by reference in Rule 59G-4.001, Florida Administrative Code. Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, The NDA seeks a variance from the portion of the DD Tallahassee, Florida 32399-1013. Handbook, which limits community-based recipients with developmental disabilities ability to receive DD waiver NOTICE IS HEREBY GIVEN that on July 19, 2011, the services to residential habilitation centers, licensed in Department of Business and Professional Regulation, Division accordance with Chapter 393, Florida Statutes, and any other of Hotels and Restaurants, Bureau of Elevator Safety, received type of facility not listed in the Handbook, having a capacity of a petition for Vue @ Lake Eola. Petitioner seeks an emergency 16 or more persons if the recipient has continuously resided at variance of the requirements of ASME A17.1, Section 2.2.2.5, the facility since August 1, 2001 or prior to this date. as adopted by Chapter 30, Section 3001.2 Florida Building A copy of the Petition for Variance or Waiver may be obtained Code, adopted by paragraph 61C-5.001(1)(a), Florida by contacting: Richard J. Shoop, Agency Clerk, Agency for Administrative Code, that requires a sump pump which poses a Health Care Administration, 2727 Mahan Drive, Building 3, significant economic/financial hardship. Any interested person Mail Station 3, Tallahassee, Florida 32308. Written comments may file comments within 5 days of the publication of this on the Petition may be submitted to the Agency Clerk at the notice with: Mark Boutin, Bureau of Elevator Safety, 1940 address above within fourteen (14) days after publication of North Monroe Street, Tallahassee, Florida 32399-1013 (VW this notice. 2011-236). A copy of the Petition may be obtained by contacting: Mark DEPARTMENT OF BUSINESS AND PROFESSIONAL Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, REGULATION Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN that on July 18, 2011, the Department of Business and Professional Regulation, Division NOTICE IS HEREBY GIVEN that on July 19, 2011, the of Hotels and Restaurants, Bureau of Elevator Safety, received Department of Business and Professional Regulation, Division a petition for 980 N. Federal Bldg. Petitioner seeks a variance of Hotels and Restaurants, Bureau of Elevator Safety, received of the requirements of ASME A17.3, Section 3.11.3, as a petition for Hampton Inn & Suites. Petitioner seeks a adopted by Chapter 30, Section 3001.2 Florida Building Code, variance of the requirements of ASME A17.1, Section 2.20.4 adopted by paragraph 61C-5.001(1)(a), Florida Administrative and 2.24.2.1, as adopted by Chapter 30, Section 3001.2 Florida Code, that requires upgrading the elevators with firefighters’ Building Code, adopted by paragraph 61C-5.001(1)(a), Florida emergency operations which poses a significant economic/ Administrative Code, that requires a 9.5 mm steel rope and a financial hardship. Any interested person may file comments metallic sheave which poses a significant economic/ financial within 14 days of the publication of this notice with: Mark hardship. Any interested person may file comments within 14 Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, days of the publication of this notice with: Mark Boutin, Tallahassee, Florida 32399-1013 (VW 2011-234). Bureau of Elevator Safety, 1940 North Monroe Street, A copy of the Petition may be obtained by contacting: Mark Tallahassee, Florida 32399-1013 (VW 2011-237). Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, A copy of the Petition may be obtained by contacting: Mark Tallahassee, Florida 32399-1013. Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013. NOTICE IS HEREBY GIVEN that on July 18, 2011, the Department of Business and Professional Regulation, Division NOTICE IS HEREBY GIVEN that on July 20, 2011, the of Hotels and Restaurants, Bureau of Elevator Safety, received Department of Business and Professional Regulation, Division a petition for Silver Beach Club. Petitioner seeks an emergency of Hotels and Restaurants, Bureau of Elevator Safety, received variance of the requirements of ASME A17.3, Section 4.7.3 a petition for Adventist Health Systems. Petitioner seeks a and 3.3.2, as adopted by Chapter 30, Section 3001.2 Florida variance of the requirements of ASME A17.3, Section 3.11.3, Building Code, adopted by paragraph 61C-5.001(1)(a), Florida as adopted by Chapter 30, Section 3001.2 Florida Building Administrative Code, that requires an anti-creep leveling Code, adopted by paragraph 61C-5.001(1)(a), Florida device and platform guards which poses a significant Administrative Code, that requires upgrading the elevators economic/financial hardship. Any interested person may file with firefighters’ emergency operations which poses a comments within 5 days of the publication of this notice with: significant economic/financial hardship. Any interested person Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe may file comments within 14 days of the publication of this Street, Tallahassee, Florida 32399-1013 (VW 2011-235). notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW 2011-238).

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 2275 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

A copy of the Petition may be obtained by contacting: Mark The Petition for this variance was published in Vol. 37, No. 28 Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, on July 15, 2011. The Order for this Petition was signed on Tallahassee, Florida 32399-1013. July 21, 2011 and after a complete review of the variance request, the Division finds that the application of this Rule will NOTICE IS HEREBY GIVEN that on July 22, 2011, the create a financial hardship to the food service establishment. Department of Business and Professional Regulation, Division Furthermore, the Division finds that the Petitioner meets the of Hotels and Restaurants, Bureau of Elevator Safety, received burden of demonstrating that the underlying statute has been a petition for Caravel #1. Petitioner seeks an emergency achieved by the Petitioner ensuring that each pan within the variance of the requirements of ASME A17.3, Section steam table is properly covered with an individual lid; the 3.11.1(a)(2), as adopted by Chapter 30, Section 3001.2 Florida steam table is enclosed within a cabinet with tight-fitting Building Code, adopted by paragraph 61C-5.001(1)(a), Florida doors, and is protected by an air curtain installed and operated Administrative Code, that requires two-way communication according to manufacturer’s specifications that protects against which poses a significant economic/financial hardship. Any flying vermin or other environmental contaminants; all steam interested person may file comments within 5 days of the table foods must be properly reheated for hot holding at publication of this notice with: Mark Boutin, Bureau of approved commissaries and held hot at the proper minimum Elevator Safety, 1940 North Monroe Street, Tallahassee, temperature per the parameters of the currently adopted FDA Florida 32399-1013 (VW 2011-241). Food Code; steam table food is to be dispensed by the operator A copy of the Petition may be obtained by contacting: Mark with no customer self-service. The Petitioner shall also strictly Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, adhere to the operating procedures and copies of the variance Tallahassee, Florida 32399-1013. and operating procedures are to be present on the MFDV during all periods of operation. NOTICE IS HEREBY GIVEN that on July 22, 2011, the A copy of the Order or additional information may be obtained Department of Business and Professional Regulation, Division by contacting: [email protected], Division of of Hotels and Restaurants, Bureau of Elevator Safety, received Hotels and Restaurants, 1940 North Monroe Street, a petition for Hodges University Phase I. Petitioner seeks a Tallahassee, Florida 32399-1011. variance of the requirements of ASME A17.1, Section 2.18.5.1 and 2.20.1, as adopted by Chapter 30, Section 3001.2 Florida NOTICE IS HEREBY GIVEN that on July 21, 2011, the Building Code, adopted by paragraph 61C-5.001(1)(a), Florida Florida Department of Business and Professional Regulation, Administrative Code, that requires suspension be provided by Division of Hotels and Restaurants, received a petition for an steel wire ropes and that governor ropes be no less than 9.5 mm Emergency Variance for paragraph 61C-1.004(1)(a), Florida which poses a significant economic/financial hardship. Any Administrative Code and Paragraph 5-202.11(A), 2001 FDA interested person may file comments within 14 days of the Food Code from Ben & Jerrys located in Orlando, FL. The publication of this notice with: Mark Boutin, Bureau of above referenced F.A.C. addresses the requirement that each Elevator Safety, 1940 North Monroe Street, Tallahassee, establishment have an approved plumbing system installed to Florida 32399-1013 (VW 2011-242). transport water and wastewater. They are requesting to utilize A copy of the Petition may be obtained by contacting: Mark holding tanks to provide potable water and to collect Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, wastewater. Tallahassee, Florida 32399-1013. The Division of Hotels and Restaurants will accept comments concerning the Petition for 5 days from the date of publication The Department of Business and Professional Regulation, of this notice. To be considered, comments must be received on Division of Hotels and Restaurants hereby gives notice: or before 5:00 p.m. On June 29, 2011, the Department received a Petition for an A copy of the Petition for Variance or Waiver may be obtained Emergency Variance for Subparagraph 3-305.11(A)(2), 2001 by contacting: [email protected], Division of FDA Food Code, Paragraph 3-305.14, 2001 FDA Food Code, Hotels and Restaurants, 1940 North Monroe Street, Paragraph 6-202.15, 2001 FDA Food Code, Paragraph Tallahassee, Florida 32399-1011. 6-202.16, 2001 FDA Food Code, subsections 61C-4.010(1), (6), Florida Administrative Code, from A & M Food Services NOTICE IS HEREBY GIVEN that on July 25, 2011, the located in Jacksonville, FL. The above referenced F.A.C. Florida Department of Business and Professional Regulation, addresses the requirement for proper handling and dispensing Division of Hotels and Restaurants, received a petition for an of food. They are requesting to dispense bulk potentially Emergency Variance for Paragraph 4-301.12(A), 2001 FDA hazardous foods other than frankfurters from an open air Food Code and subsection 61C-4.010(5), Florida mobile food dispensing vehicle. Administrative Code from JetBlue Park Cloverleaf located in Fort Myers, FL. The above referenced F.A.C. addresses the

2276 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 requirement that dishwashing facilities for manually washing, The Petition for this variance was published in Vol. 37, No. 28 rinsing and sanitizing equipment and utensils are provided. on July 15, 2011. The Order for this Petition was signed on They are requesting to utilize dishwashing facilities located July 21, 2011, and after a complete review of the variance within another licensed establishment under the same request, the Division finds that the application of this rule will ownership. create a financial hardship to the food service establishment. The Division of Hotels and Restaurants will accept comments Furthermore, the Division finds that the Petitioner meets the concerning the Petition for 5 days from the date of publication burden of demonstrating that the underlying statute has been of this notice. To be considered, comments must be received on achieved by the Petitioner ensuring the wastewater holding or before 5:00 p.m. tanks are emptied at a frequency as to not create a sanitary A copy of the Petition for Variance or Waiver may be obtained nuisance; and potable water provided must come from an by contacting: [email protected], Division of approved source and be protected from contamination during Hotels and Restaurants, 1940 North Monroe Street, handling. The Petitioner shall also ensure that the food Tallahassee, Florida 32399-1011. preparation and warewashing areas within the Tacos Y’all mobile food dispensing vehicle are maintained in a clean and NOTICE IS HEREBY GIVEN that on July 26, 2011, the sanitary manner and all sinks are provided with hot and cold Florida Department of Business and Professional Regulation, running water under pressure and available during all hours of Division of Hotels and Restaurants, received a petition for an operation. If the owner of either of the Tacos Y’all Emergency Variance for Paragraph 4-301.12(A), 2001 FDA establishments changes, the division must be notified Food Code and subsection 61C-4.010(5), Florida immediately and provided with a signed agreement for use of Administrative Code, from Naples Beach Club Beach Grill the food preparation and warewashing areas in the mobile food located in Naples, FL. The above referenced F.A.C. addresses dispensing vehicle. the requirement that dishwashing facilities for manually A copy of the Order or additional information may be obtained washing, rinsing and sanitizing equipment and utensils are by contacting: [email protected], Division of provided. They are requesting to utilize dishwashing facilities Hotels and Restaurants, 1940 North Monroe Street, located within another licensed establishment located on the Tallahassee, Florida 32399-1011. same premise under the same ownership. The Division of Hotels and Restaurants will accept comments NOTICE IS HEREBY GIVEN that on July 25, 2011, the concerning the Petition for 5 days from the date of publication Florida Department of Business and Professional Regulation, of this notice. To be considered, comments must be received on Division of Hotels and Restaurants, received a petition for an or before 5:00 p.m. Emergency Variance for paragraph 61C-1.004(1)(a), Florida A copy of the Petition for Variance or Waiver may be obtained Administrative Code and Paragraph 5-202.11(A), 2001 FDA by contacting: [email protected], Division of Food Code from Whiskey Blue Portable Bar located in Ft. Hotels and Restaurants, 1940 North Monroe Street, Lauderdale, FL. The above referenced F.A.C. addresses the Tallahassee, Florida 32399-1011. requirement that each establishment have an approved plumbing system installed to transport potable water and collect wastewater. They are requesting to utilize holding tanks The Department of Business and Professional Regulation, to provide potable water and to collect wastewater. Division of Hotels and Restaurants hereby gives notice on June 23, 2011, the Department received a Petition for an Emergency The Division of Hotels and Restaurants will accept comments Variance for paragraph 61C-1.004(1)(a), Florida concerning the Petition for 5 days from the date of publication Administrative Code, Paragraph 5-202.11(A), 2001 FDA Food of this notice. To be considered, comments must be received on Code, subsection 61C-1.004(1), Florida Administrative Code, or before 5:00 p.m. Paragraph 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 Tacos Y’all by contacting: [email protected], Division of located in Destin, FL. The above referenced F.A.C. addresses Hotels and Restaurants, 1940 North Monroe Street, the requirement that each establishment have an approved Tallahassee, Florida 32399-1011. plumbing system installed to transport water and wastewater; an area for food preparation, and dishwashing facilities for The Construction Industry Licensing Board hereby gives manually washing, rinsing and sanitizing equipment and notice that the petition filed by Shelly Storves on April 19, utensils. They are requesting to utilize holding tanks to provide 2011, seeking a variance or waiver from Rule 61G4-18.001, potable water and to collect wastewater and to share Florida Administrative Code, has been withdrawn. The Notice warewashing and food preparation areas with a licensed of Petition published in Vol. 37, No. 18, of the May 6, 2011, establishment under the same ownership. issue of the Florida Administrative Weekly.

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 2277 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

A copy of the Board’s Order may be obtained by contacting: FLORIDA HOUSING FINANCE CORPORATION G.W. Harrell, Executive Director, Construction Industry The Florida Housing Finance Corporation hereby gives notice: Licensing Board, P. O. Box 5257, Tallahassee, Florida NAME OF THE PETITIONER: WESTGATE PLAZA 32314-5257. APARTMENTS, LTD. DATE PETITION WAS FILED: June 10, 2011. DEPARTMENT OF CHILDREN AND FAMILY RULE NUMBER AND NATURE OF THE RULE FROM SERVICES WHICH THE WAIVER OR VARIANCE IS SOUGHT: Rule NOTICE IS HEREBY GIVEN that on July 12, 2011, the 67-48.027, F.A.C., which prohibits submitting an Application Department of Children and Families, received a petition for for Housing Credits to Florida Housing, until after tax exempt waiver of subparagraph 65E-9.005(5)(b)12., Florida bonds have been issued to the Development. Administrative Code, from Health Management Institute – REFERENCE TO THE PLACE AND DATE OF THE Canopy Cove, assigned Case No.: 11-026W. Subparagraph PUBLICATION OF THE NOTICE OF PETITION: Florida 65E-9.005(5)(b)12., F.A.C., requires licensed residential Administrative Weekly, June 24, 2011, Vol. 37, No. 25. treatment centers to have a seclusion and restraint room. THE DATE THE BOARD OF DIRECTORS OF FLORIDA A copy of the Petition for Variance or Waiver may be obtained HOUSING FINANCE CORPORATION APPROVED THE by contacting: Agency Clerk, Department of Children and VARIANCE OR WAIVER: July 22, 2011 Families, 1317 Winewood Blvd., Bldg. 2, Room 204, THE GENERAL BASIS FOR THE DECISION: The purpose Tallahassee, FL 32399-0700. of the underlying statute is to make loans to Eligible Housing Providers and Eligible Home Buyers for the construction of The Agency for Persons with Disabilities hereby gives notice: affordable housing. The waiver will further this purpose. that on July 13, 2011, A Final Order was issued Denying the A copy of the Order or additional information may be obtained Petition for Variance from subsection 65G-7.003(4), Florida by contacting: Della Harrell, Corporation Clerk, telephone Administrative Code. (850)488-4197 or e-mail: [email protected]. The Order concerned the Petition for Variance, received by the The Final Order is posted on Florida Housing’s website at Agency on April 15, 2011 by Liberty Ambulance Service, Inc. floridahousing.org. The Notice of Petition for Variance was published in the Florida Administrative Weekly at page 1128 of Vol 37, No. 17, Section VI published on April 29, 2011. Notices of Meetings, Workshops and Public The Petitioner requested a Variance from subsection 65G-7.003(4), F.A.C., which implements Section 393.506, Hearings Florida Statutes. This rule states that only registered nurses or Advanced Registered Practitioners may conduct training DEPARTMENT OF STATE courses for medication administration assistance certification. The Friends of Mission San Luis, Inc. announces a public The Petition sought a Variance that would allow paramedics to meeting to which all persons are invited. teach the course. DATE AND TIME: Monday, August 15, 2011, 11:00 a.m. The Agency denied this request and issued a Final Order on the Petition on July 13, 2011. The basis for the Agency’s denial of PLACE: Mission San Luis, 2100 W. Tennessee Street, the petition is the failure of the Petitioner to establish that the Tallahassee, FL 32304 requirements for a Variance under Section 120.542(2), F.S. GENERAL SUBJECT MATTER TO BE CONSIDERED: The would be met. The Petitioner failed to establish substantial FOMSL Executive Committee will meet to discuss upcoming hardship or that the underlying purpose of the authorizing events, income and expense reports, marketing reports and statue would be met or that the Agency’s decision would other Friends business. violate the principles of fairness. A copy of the agenda may be obtained by contacting: Jessica A copy of the Order or additional information may be obtained Shiver. by contacting: Angela Green, Senior Attorney, Agency for Pursuant to the provisions of the Americans with Disabilities Persons with Disabilities, 4030 Esplanade Way, Suite 380, Act, any person requiring special accommodations to Tallahassee, Florida 32399, (850)922-9499, angela_green@ participate in this workshop/meeting is asked to advise the apd.state.fl.us. agency at least 48 hours before the workshop/meeting by contacting: Jessica Shiver. 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).

2278 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

If any person decides to appeal any decision made by the A copy of the agenda may be obtained by contacting: Rachelle Board with respect to any matter considered at this meeting or Ashmore at (850)245-6490 or by email at: hearing, he/she will need to ensure that a verbatim record of [email protected], or via the Division’s website: the proceeding is made, which record includes the testimony www.florida-arts.org. and evidence from which the appeal is to be issued. Pursuant to the provisions of the Americans with Disabilities For more information, you may contact: Jessica Shiver at Act, any person requiring special accommodations to (850)245-6379 or [email protected]. participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by The Division of Historical Resources, Bureau of Historic contacting: Jennifer Hoesing at (850)245-6462 or by email at: Preservation, Florida Historical Marker Council announces a [email protected]. If you are hearing or speech telephone conference call to which all persons are invited. impaired, please contact the agency using the Florida Relay DATE AND TIME: August 22, 2011, 2:00 p.m. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). PLACE: R.A. Gray Building, 4th Floor, 500 South Bronough For more information, you may contact: Rachelle Ashmore at Street, Tallahassee, Florida 32399-0250 [email protected]. GENERAL SUBJECT MATTER TO BE CONSIDERED: To review applications for the Florida Historical Marker Program. DEPARTMENT OF AGRICULTURE AND CONSUMER A copy of the agenda may be obtained by contacting: Michael SERVICES Zimny of the Bureau of Historic Preservation, (850)245-6333 The Apairy Section of the Division of Plant Industry or email: [email protected]. announces a public meeting to which all persons are invited. Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: August 19, 2011, 9:00 a.m. Act, any person requiring special accommodations to PLACE: Doyle Conner Building Auditorium, 1911 Southwest participate in this workshop/meeting is asked to advise the 34th Street, Gainesville, FL 32608 agency at least 48 hours before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: contacting: Michael Zimny, (850)245-6333 or email: HONEY BEE TECHNICAL COUNCIL [email protected]. If you are hearing or speech AGENDA impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Apiary Inspection Section If any person decides to appeal any decision made by the 9:30 a.m. – 9:35 a.m. Welcome – G. W. Hayes, Jr., Board with respect to any matter considered at this meeting or Assistant Chief, Bureau of Plant hearing, he/she will need to ensure that a verbatim record of and Apiary Inspection, the proceeding is made, which record includes the testimony FDACS/DPI and evidence from which the appeal is to be issued. 9:35 a.m. – 9:40 a.m. Roll Call–Bill Merritt, Chairman, For more information, you may contact: Michael Zimny, Honey Bee Technical Council (850)245-6333 or email: [email protected]. 9:40 a.m. – 9:45 a.m. Approval of Honey Bee Technical Council Minutes 9:45 a.m. – 10:15 a.m. Dr. Jamie Ellis – Extension The Florida Division of Cultural Affairs and the Florida Apiculturist, University of Council on Arts and Culture announces a telephone Florida/Institute of Food and conference call to which all persons are invited. Agricultural Scientist DATE AND TIME: Monday, October 10, 2011, 9:00 a.m. – Review of current research projects. conclusion 10:45 a.m. – 11:00 a.m. Protection of the Industry from PLACE: Division of Cultural Affairs, R.A. Gray Building, 3rd Arbitrary Zoning and Ordinance Floor, Tallahassee, Florida Restricts GENERAL SUBJECT MATTER TO BE CONSIDERED: To 11:00 a.m. – 11:30 p.m. Honey Packers/Cottage Industry discuss, review and take action on funding recommendations Exemption for grants and any other business which may appropriately come before the Council. Note: If a quorum of members does 11:30 a.m. – Noon Other Issues not attend, items on the agenda for formal action will be 12:00 Noon Adjournment discussed as a workshop by those present, and written minutes A copy of the agenda may be obtained by contacting: Jerry will be taken although no formal action will be taken. If you Hayes, Assistant Chief – Apiary, Post Office Box 147100, have questions or if you would like call-in instructions, please Gainesville, FL 32614-7100. call: (850)245-6490.

Section VI - Notices of Meetings, Workshops and Public Hearings 2279 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Pursuant to the provisions of the Americans with Disabilities agency at least 3-5 days before the workshop/meeting by Act, any person requiring special accommodations to contacting: The FRC at (850)245-3397. If you are hearing or participate in this workshop/meeting is asked to advise the speech impaired, please contact the agency using the Florida agency at least 7 days before the workshop/meeting by Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 contacting: Jerry Hayes, Assistant Chief – Apiary, Post Office (Voice). Box 147100, Gainesville, FL 32614-7100. If you are hearing or speech impaired, please contact the agency using the Florida The Department of Education, Charter School Appeal Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Commission announces a public meeting to which all persons (Voice). are invited. For more information, you may contact: Jerry Hayes, Assistant DATE AND TIME: August 19, 2011, 10:00 a.m. – completion Chief – Apiary, Post Office Box 147100, Gainesville, FL PLACE: Florida Department of Education, 325 W. Gaines 32614-7100. Street, Conference Room 1721-25, Tallahassee, Florida 32399-0400 The Florida Department of Agriculture and Consumer GENERAL SUBJECT MATTER TO BE CONSIDERED: The Services announces a public meeting to which all persons are Charter School Appeal Commission will hear the termination invited. of The Learning Place Academy Charter School vs. The DATE AND TIME: Wednesday, August 10, 2011, 9:30 a.m. School Board of Lee County. PLACE: Conference Call: 1(888)808-6959, Code: 4873444 A copy of the agenda may be obtained by contacting: Office of GENERAL SUBJECT MATTER TO BE CONSIDERED: The Independent Education and Parental Choice, 325 West Gaines Division of Marketing and Development announces a meeting Street, Suite 522, Tallahassee, Florida 32399 or by phone at to discuss Intellectual Property rights on research contracts, (850)245-0502. and a vote. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Tom Act, any person requiring special accommodations to Thomas, (850)922-9827. participate in this workshop/meeting is asked to advise the For more information, you may contact: Tom Thomas, agency at least 1 day before the workshop/meeting by (850)922-9827. contacting: Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 522, Tallahassee, DEPARTMENT OF EDUCATION Florida 32399 or by phone at (850)245-0502. If you are hearing or speech impaired, please contact the agency using the The Florida Rehabilitation Council (FRC) announces a Florida Relay Service, 1(800)955-8771 (TDD) or telephone conference call to which all persons are invited. 1(800)955-8770 (Voice). DATES AND TIME: Evaluation Committee, September 1, For more information, you may contact: Office of Independent 2011; Public Awareness Committee, September 6, 2011; Education and Parental Choice, 325 West Gaines Street, Suite Executive Committee, September 7, 2011; Coordination 522, Tallahassee, Florida 32399 or by phone at (850)245-0502. Committee, September 8, 2011, 9:30 a.m. – 11:30 a.m. PLACE: VR Headquarters, Tallahassee, Florida The Board of Trustees of the Florida School for the Deaf and GENERAL SUBJECT MATTER TO BE CONSIDERED: Any the Blind announces a workshop to which all persons are interested parties that need further information may contact: invited. Paige Sharpton at (850)245-3397. DATE AND TIME: Friday, August 26, 2011, 9:00 a.m. For appeal process see Section 286.0105, Florida Statutes. PLACE: Center for Learning Development, Moore Hall, Please note that committees of the Florida Rehabilitation FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL Council will meet at various times throughout the year to carry 32084 out the work of the council; the meeting dates and times will be GENERAL SUBJECT MATTER TO BE CONSIDERED: posted at: www.rehabworks.org at least seven days before the Matters pertaining to the Florida School for the Deaf and the meeting. Persons who want to be notified of such meetings Blind. may request to be put on a mailing list by writing to: Paige A copy of the agenda may be obtained by contacting: L. Daniel Sharpton at the Council’s address, 2001-A Old St. Augustine Hutto, President, Florida School for the Deaf and the Blind, Rd., Tallahassee, FL 32301-4862. 207 N. San Marco Avenue, St. Augustine, FL 32084, A copy of the agenda may be obtained by contacting: The FRC (904)827-2210. at (850)245-3397. Pursuant to the provisions of the Americans with Disabilities Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the participate in this workshop/meeting is asked to advise the

2280 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 agency at least 48 hours before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: The contacting: Frances Keaton, by email at keatonf@ seven (7) member Council was established to identify unmet fsdb.k12.fl.us or phone (904)827-2210. If you are hearing or needs and to facilitate solutions to disputes regarding the speech impaired, please contact the agency using the Florida creation of new degree programs and the establishment of new Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 institutes, campuses, or centers. The Council’s charge is to (Voice). make recommendations to the Legislature, the State Board of If any person decides to appeal any decision made by the Education, and the Board of Governors, State University Board with respect to any matter considered at this meeting or System of Florida. The purpose of this meeting is to review the hearing, he/she will need to ensure that a verbatim record of work of the Council’s subcommittee recommendations and to the proceeding is made, which record includes the testimony continue to gather input from different sectors of higher and evidence from which the appeal is to be issued. education. For more information, you may contact: Frances Keaton, email A copy of the agenda may be obtained by contacting: Yvette [email protected] or by phone (904)827-2210. Hargreaves at (850)245-9449 or via email: yvette.hargreaves @fldoe.org. The Board of Trustees of the Florida School for the Deaf and Pursuant to the provisions of the Americans with Disabilities the Blind announces a public meeting to which all persons are Act, any person requiring special accommodations to invited. participate in this workshop/meeting is asked to advise the DATE AND TIME: Friday, August 26, 2011, 1:00 p.m. agency at least 7 days before the workshop/meeting by PLACE: Center for Learning Development, Moore Hall, contacting: Yvette Hargreaves. If you are hearing or speech FSDB Campus, 207 N. San Marco Avenue, St. Augustine, FL impaired, please contact the agency using the Florida Relay 32084 Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: Matters pertaining to the Florida School for the Deaf and the DEPARTMENT OF COMMUNITY AFFAIRS Blind. The Florida Communities Trust announces a public meeting A copy of the agenda may be obtained by contacting: Daniel to which all persons are invited. Hutto, President, Florida School for the Deaf and the Blind, DATE AND TIME: August 25, 2011, 9:00 a.m. – until 207 N. San Marco Avenue, St. Augustine, FL 32084, business is concluded (904)827-2210. PLACE: 3900 Commonwealth Blvd., Marjorie Stoneman Pursuant to the provisions of the Americans with Disabilities Douglas Building, Conference Room A, Tallahassee, Florida Act, any person requiring special accommodations to 32399 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 This is a public meeting of the Governing Body. contacting: Frances Keaton, by email at: keatonf@ PURPOSE: Rank and select FF11 projects for funding, fsdb.k12.fl.us or phone (904)827-2210. If you are hearing or consider petition for waiver from the City of Panama City speech impaired, please contact the agency using the Florida Beach and conduct other business that the Governing Board Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 deems necessary. (Voice). ACTION TO BE TAKEN: Consideration of above-stated If any person decides to appeal any decision made by the business. Board with respect to any matter considered at this meeting or A copy of the agenda may be obtained by contacting: Florida hearing, he/she will need to ensure that a verbatim record of Communities Trust at (850)922-2207. the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to For more information, you may contact: Frances Keaton, by participate in this workshop/meeting is asked to advise the email at [email protected] or phone (904)827-2210. agency at least 5 days before the workshop/meeting by contacting: Florida Communities Trust at (850)922-2207 at The Higher Education Coordinating Council announces a least five days prior to the meeting. If you are hearing or public meeting to which all persons are invited. speech impaired, please contact the agency using the Florida DATE AND TIME: August 18, 2011, 9:00 a.m. – 1:00 p.m. or Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 until conclusion of business (Voice). PLACE: College Center for Library Automation, 1753 West Paul Dirac Drive, Tallahassee, Florida 32310

Section VI - Notices of Meetings, Workshops and Public Hearings 2281 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

If any person decides to appeal any decision made by the Pursuant to the provisions of the Americans with Disabilities Board with respect to any matter considered at this meeting or Act, any person requiring special accommodations to hearing, he/she will need to ensure that a verbatim record of participate in this workshop/meeting is asked to advise the the proceeding is made, which record includes the testimony agency at least 48 hours before the workshop/meeting by and evidence from which the appeal is to be issued. contacting: Lisa O. Stone at (850)414-4316. If you are hearing For more information, you may contact: Florida Communities or speech impaired, please contact the agency using the Florida Trust at (850)922-2207. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DEPARTMENT OF REVENUE For more information, you may contact: Florida Transportation Commission, 605 Suwannee Street, MS #9, Room 176, The Department of Revenue announces a hearing to which all Tallahassee, Florida 32399 or phone (850)414-4105. persons are invited. DATE AND TIME: August 16, 2011, during a regular meeting STATE BOARD OF ADMINISTRATION of the Governor and Cabinet, which begins at 9:00 a.m. PLACE: Cabinet Meeting Room, Lower Level, the Capitol, The State Board of Administration announces a public Tallahassee, Florida meeting to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: DATES AND TIME: Monday, August 15, 2011; Monday, Adoption of amendment to rule provisions in Rule 12D-9.019, October 3, 2011, 9:00 a.m. – 12:00 Noon F.A.C. (Scheduling and Notice of a Hearing). The Notice of PLACE: Hermitage Room, 1801 Hermitage Blvd., Proposed Rule was published in the Florida Administrative Tallahassee, FL 32308 Weekly on May 20, 2011 (Vol. 37, No. 20, pp. 1325-1326). A GENERAL SUBJECT MATTER TO BE CONSIDERED: public hearing was held by the Department on June 15, 2011. General business of the Audit Committee. There were no attendees at the Hearing but had seven people A copy of the agenda may be obtained by contacting: Elizabeth attend by internet using WebEx. No verbal or written Scott, 1801 Hermitage Boulevard, Suite 100, Tallahassee, FL comments were received by the Department. 32308. A copy of the agenda may be obtained by contacting: Janice Pursuant to the provisions of the Americans with Disabilities Forrester, Tax Law Specialist, Property Tax Oversight Act, any person requiring special accommodations to Program, Department of Revenue, P. O. Box 3000, participate in this workshop/meeting is asked to advise the Tallahassee, Florida 32315-3000, (850)617-8886, agency at least 7 days before the workshop/meeting by [email protected]. contacting: James Linn, (850)413-1166. If you are hearing or Pursuant to the provisions of the Americans with Disabilities 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 48 hours before the workshop/meeting by contacting: Janice Forrester at (850)617-8886 or NOTICE OF CORRECTION – The Florida Commission on [email protected]. If you are hearing or speech impaired, Hurricane Loss Projection Methodology announces two please contact the agency using the Florida Relay Service, public meetings to which all persons are invited. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DATES AND TIME: August 17-18, 2011, 9:00 a.m. – 4:00 p.m. (ET) DEPARTMENT OF TRANSPORTATION PLACE: Hermitage Centre Conference Room, Hermitage The Florida Transportation Commission announces a public Centre, 1801 Hermitage Blvd., Tallahassee, Florida; meeting to which all persons are invited. Teleconference 1(888)808-6959, Conference Code: 4765251363 DATES AND TIMES: August 15, 2011, 11:00 a.m. (EST) – until conclusion of business; August 16, 2011, 8:00 a.m. (EST) GENERAL SUBJECT MATTER TO BE CONSIDERED: – until conclusion of business This notice is a correction to the Meeting Notice published on July 22, 2011. In addition to discussing in committee meetings PLACE: Florida Department of Transportation, Burns the 2011 standards and procedures and addressing other Building Auditorium, 605 Suwannee Street, Tallahassee, general business of the Commission, the Commission will be Florida reviewing the Florida Public Hurricane Loss Model under the GENERAL SUBJECT MATTER TO BE CONSIDERED: standards and acceptability process for 2009. FTC Workshop/Meeting. A copy of the agenda may be obtained by contacting: Donna A copy of the agenda may be obtained by contacting: Lisa O. Sirmons, (850)413-1349, [email protected]. Stone at (850)414-4316.

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Pursuant to the provisions of the Americans with Disabilities PLACE: Betty Easley Conference Center, 4075 Esplanade Act, any person requiring special accommodations to Way, Conference Room 140, Tallahassee, Florida participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: To agency at least 7 days before the workshop/meeting by discuss and make decisions on matters which affect the contacting: Donna Sirmons at the number or email listed operation of the Commission. above. If you are hearing or speech impaired, please contact A copy of the agenda of the Internal Affairs Meeting may be the agency using the Florida Relay Service, 1(800)955-8771 obtained by contacting: Office of Commission Clerk, Florida (TDD) or 1(800)955-8770 (Voice). Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. PUBLIC SERVICE COMMISSION In accordance with the Americans with Disabilities Act, persons needing a special accommodation at this conference The Florida Public Service Commission announces its should contact the Office of Commission Clerk no later than 48 regularly scheduled conference to which all interested persons hours prior to the conference at (850)413-6770 or via are invited. 1(800)955-8770 (Voice) or 1(800)955-8771 (TDD) Florida DATE AND TIME: August 23, 2011, 9:30 a.m. Relay Service. Assistive Listening Devices are available at the PLACE: Betty Easley Conference Center, Joseph P. Cresse Office of Commission Clerk, Betty Easley Conference Center, Hearing Room 148, 4075 Esplanade Way, Tallahassee, Florida Room 110. GENERAL SUBJECT MATTER TO BE CONSIDERED: To *In the event of a change or cancellation, notice will be consider those matters ready for decision. published at the earliest practicable time on the Commission’s LEGAL AUTHORITY AND JURISDICTION: Chapters 120, website at http://www.psc.state.fl.us/agendas/internalaffairs/. 350, 364, 366 and 367, F.S. Persons who may be affected by Commission action on certain The Florida Public Service Commission announces three items on the conference agenda may be allowed to address the public service hearings to which all persons are invited. Commission, either informally or by oral argument, when DATE AND TIME: Monday, August 29, 2011, 6:00 p.m. those items are taken up for discussion at the conference, pursuant to Rules 25-22.0021 and 25-22.0022, F.A.C. PLACE: Greenacres City Hall, City Commission Chambers, 5800 Melaleuca Lane, Greenacres, FL 33463 The agenda and recommendations are accessible on the PSC Website: http://www.floridapsc.com, at no charge or can be DATE AND TIME: Tuesday, August 30, 2011, 2:00 p.m. purchased by contacting: Florida Public Service Commission, PLACE: School Board of Lee County, Board Room, Lee Office of Commission Clerk, 2540 Shumard Oak Boulevard, County Education Center, 2855 Colonial Boulevard, Ft. Myers, Tallahassee, Florida 32399-0850 or (850)413-6770 at a cost of FL 33966 15 cents per single sided page or 20 cents per duplexed page. DATE AND TIME: Wednesday, August 31, 2011, 10:00 a.m. Persons deciding to appeal any decisions made by the PLACE: Highlands County Administration Building, Board Commission with respect to any matter considered at this Chambers (Room B104), 600 South Commerce Avenue, conference will need to ensure that a verbatim record of the Sebring, FL 33870 proceedings is made, which record includes the testimony and GENERAL SUBJECT MATTER TO BE CONSIDERED: evidence upon which appeal is based. DOCKET NO. 100330-WS – Application for increase in In accordance with the Americans with Disabilities Act, water/wastewater rates in Alachua, Brevard, DeSoto, Hardee, persons needing a special accommodation at this conference Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, should contact the Office of Commission Clerk no later than 48 Polk, Putnam, Seminole, Sumter, Volusia, and Washington hours prior to the conference at (850)413-6770 or via Counties by Aqua Utilities Florida, Inc. 1(800)955-8770 (Voice) or 1(800)955-8771 (TDD) Florida PURPOSE: The purpose of the service hearing is to provide Relay Service. Assistive Listening Devices are available at the customers an opportunity to present testimony and other Office of Commission Clerk, Betty Easley Conference Center, evidence before the Florida Public Service Commission Room 110. concerning the Utility’s proposed rates or service. All witnesses shall be subject to cross-examination at the The Florida Public Service Commission announces its conclusion of their testimony. Internal Affairs Meeting for August 23, 2011, to which all EMERGENCY CANCELLATION OF SERVICE HEARING: interested persons are invited. If a named storm or other disaster requires cancellation of the DATE AND TIME: August 23, 2011, Immediately following service hearing, Commission staff will attempt to give timely the Commission Conference which commences at 9:30 a.m. in direct notice to the parties. Notice of cancellation of the service Joseph P. Cresse Hearing Room 148. hearing will also be provided on the Commission’s website

Section VI - Notices of Meetings, Workshops and Public Hearings 2283 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

(http://www.psc.state.fl.us/) under the Hot Topics link found EXECUTIVE OFFICE OF THE GOVERNOR on the home page. Cancellation can also be confirmed by The Children and Youth Cabinet announces a public meeting calling the Office of General Counsel at (850)413-6199. to which all persons are invited. In accordance with the American with Disabilities Act, persons DATE AND TIME: August 31, 2011, 1:00 p.m. – 4:00 p.m. needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no PLACE: The University of Central Florida Teaching Academy, later than five days prior to the conference at 2540 Shumard 4000 Central Florida Boulevard, Building #93, Room TA 130, Oak Boulevard, Tallahassee, Florida 32399-0850, via Orlando, Florida 32816 1(800)955-8770 (Voice) or 1(800)955-8771 (TDD), Florida GENERAL SUBJECT MATTER TO BE CONSIDERED: Relay Service. Meeting participants will hear updates and agency For more information, you may contact: Office of Commission presentations from the Agency for Persons with Disabilities, Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida Agency for Healthcare Administration, Agency for Workforce 32399-0850. Innovation and Department of Children and Families. A copy of the agenda may be obtained by contacting: Cyndee Odom, Office of Adoption and Child Protection, telephone: The Florida Public Service Commission announces a public (850)921-2015 or [email protected]. service hearing to which all persons are invited. Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: Thursday, September 1, 2011, 10:00 a.m. Act, any person requiring special accommodations to PLACE: Canterbury Retreat & Conference Center, 1601 participate in this workshop/meeting is asked to advise the Alafaya Trail, Oviedo, FL 32765 agency at least 3 days before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: contacting: Cyndee Odom, Office of Adoption and Child DOCKET NO. 100330-WS – Application for increase in Protection, telephone: (850)921-2015 or Cyndee.Odom@eog. water/wastewater rates in Alachua, Brevard, DeSoto, Hardee, myflorida.com. If you are hearing or speech impaired, please Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, contact the agency using the Florida Relay Service, Polk, Putnam, Seminole, Sumter, Volusia, and Washington 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Counties by Aqua Utilities Florida, Inc. If any person decides to appeal any decision made by the PURPOSE: The purpose of the service hearing is to provide Board with respect to any matter considered at this meeting or customers an opportunity to present testimony and other hearing, he/she will need to ensure that a verbatim record of evidence before the Florida Public Service Commission the proceeding is made, which record includes the testimony concerning the Utility’s quality of service. All witnesses shall and evidence from which the appeal is to be issued. be subject to cross-examination at the conclusion of their For more information, you may contact: Cyndee Odom, Office testimony. of Adoption and Child Protection, telephone: (850)921-2015 or EMERGENCY CANCELLATION OF SERVICE HEARING: [email protected]. If a named storm or other disaster requires cancellation of the service hearing, Commission staff will attempt to give timely The Children and Youth Cabinet announces a public meeting direct notice to the parties. Notice of cancellation of the service to which all persons are invited. hearing will also be provided on the Commission’s website (http://www.psc.state.fl.us/) under the Hot Topics link found DATE AND TIME: September 1, 2011, 9:00 a.m. – 12:00 on the home page. Cancellation can also be confirmed by Noon calling the Office of General Counsel at (850)413-6199. PLACE: The University of Central Florida Teaching Academy, In accordance with the American with Disabilities Act, persons 4000 Central Florida Boulevard, Building #93, Room TA 130, needing a special accommodation to participate at this Orlando, Florida 32816 proceeding should contact the Office of Commission Clerk no GENERAL SUBJECT MATTER TO BE CONSIDERED: The later than five days prior to the conference at 2540 Shumard meeting participants will hear updates and agency Oak Boulevard, Tallahassee, Florida 32399-0850, via presentations from the Department of Education, Department 1(800)955-8770 (Voice) or 1(800)955-8771 (TDD), Florida of Health, Department of Juvenile Justice and Guardian ad Relay Service. Litem Program. For more information, you may contact: Office of Commission A copy of the agenda may be obtained by contacting: Cyndee Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida Odom, Office of Adoption and Child Protection, telephone: 32399-0850. (850)922-2015 or [email protected]. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by

2284 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 contacting: Cyndee Odom, Office of Adoption and Child If any person decides to appeal any decision made by the Protection, telephone: (850)921-2015 or Cyndee.Odom@eog. Board with respect to any matter considered at this meeting or myflorida.com. If you are hearing or speech impaired, please hearing, he/she will need to ensure that a verbatim record of contact the agency using the Florida Relay Service, the proceeding is made, which record includes the testimony 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 Southwest 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: Thursday, August 18, 2011, 9:00 a.m. and evidence from which the appeal is to be issued. PLACE: Southwest Florida Regional Planning Council, 1st For more information, you may contact: Cyndee Odom, Office Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, of Adoption and Child Protection, telephone: (850)921-2015 or Florida [email protected]. GENERAL SUBJECT MATTER TO BE CONSIDERED: The SWFRPC’s Executive Committee will be meeting to discuss REGIONAL PLANNING COUNCILS general procedures of the Council. The Withlacoochee Regional Planning Council announces a A copy of the agenda may be obtained by contacting: Ms. public meeting to which all persons are invited. Nichole Gwinnett at (239)338-2550, ext. 232 or [email protected]. DATE AND TIME: WRPC Board of Directors, Thursday, August 18, 2011, 7:00 p.m. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to PLACE: Withlacoochee Regional Planning Council, 1241 participate in this workshop/meeting is asked to advise the S.W. 10th Street, Ocala, FL 34471-0323 agency at least 48 hours before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: The contacting: Ms. Deborah Kooi at (239)338-2550, ext. 210 or WRPC Board of Directors will meet to conduct the regular [email protected]. If you are hearing or speech impaired, business of the Council. please contact the agency using the Florida Relay Service, A copy of the agenda may be obtained by contacting: 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Executive Director. 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: Visit the SWFRPC’s website at www.swfrpc.org. The Withlacoochee Regional Planning Council, Levy County Transportation Disadvantaged Local Coordinating The Southwest Florida Regional Planning Council Board announces a public meeting to which all persons are announces a public meeting to which all persons are invited. invited. DATE AND TIME: Thursday, August 18, 2011, 10:00 a.m. DATE AND TIME: Levy County TD LCB Meeting, Thursday, PLACE: Southwest Florida Regional Planning Council, 1st August 25, 2011, 1:00 p.m. Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, PLACE: Levy County Courthouse, County Commissioners Florida Board Room, 355 S. Court Street, Bronson, FL GENERAL SUBJECT MATTER TO BE CONSIDERED: The GENERAL SUBJECT MATTER TO BE CONSIDERED: To SWFRPC’s Executive Director Search Committee first conduct the regular business of the Local Coordinating Board. meeting to begin the process. A copy of the agenda may be obtained by contacting: Staff of A copy of the agenda may be obtained by contacting: Ms. the Levy County TD LCB, c/o Withlacoochee Regional Nichole Gwinnett at [email protected] or (239)338-2550, Planning Council, 1241 S.W. 10th Street, Ocala, FL ext. 232. 34471-0323.

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Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Ms. Act, any person requiring special accommodations to Nichole Gwinnett at (239)338-2550, ext. 232 or participate in this workshop/meeting is asked to advise the [email protected]. agency at least 48 hours before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: Ms. Deborah Kooi at [email protected] or Act, any person requiring special accommodations to (239)338-2550, ext. 210. If you are hearing or speech participate in this workshop/meeting is asked to advise the impaired, please contact the agency using the Florida Relay agency at least 48 hours before the workshop/meeting by Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). contacting: Ms. Deborah Kooi, (239)338-2550, ext. 210 or If any person decides to appeal any decision made by the [email protected]. If you are hearing or speech impaired, Board with respect to any matter considered at this meeting or please 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 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 For more information, you may contact: Visit the SWFRPC’s hearing, he/she will need to ensure that a verbatim record of website at www.swfrpc.org. the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. The Southwest Florida Regional Planning Council For more information, you may contact: Visit the SWFRPC’s announces a public meeting to which all persons are invited. website at: www.swfrpc.org. DATE AND TIME: Thursday, August 18, 2011, 1:00 p.m. PLACE: Southwest Florida Regional Planning Council, 1st NOTICE OF CANCELLATION – The Southwest Florida Floor Conference Room, 1926 Victoria Avenue, Fort Myers, Regional Planning Council announces a public meeting to Florida which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: The DATE AND TIME: Thursday, August 18, 2011, 9:00 a.m. SWFRPC’s Regional Visioning Committee kick-off meeting. PLACE: Southwest Florida Regional Planning Council, 1926 A copy of the agenda may be obtained by contacting: Ms. Victoria Avenue, Fort Myers, Florida Nichole Gwinnett at (239)338-2550, ext. 232 or GENERAL SUBJECT MATTER TO BE CONSIDERED: [email protected]. Monthly meeting of the SWFRPC Board has been cancelled. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The Southwest Florida Regional Planning Council/LEPC participate in this workshop/meeting is asked to advise the announces a public meeting to which all persons are invited. agency at least 48 hours before the workshop/meeting by DATE AND TIME: August 25, 2011, 9:30 a.m. – 11:00 a.m. contacting: Ms. Deborah Kooi at [email protected] or PLACE: Southwest Florida Regional Planning Council, 1926 (239)338-2550, ext. 210. If you are hearing or speech Victoria Avenue, Fort Myers, Florida 33901 impaired, please contact the agency using the Florida Relay GENERAL SUBJECT MATTER TO BE CONSIDERED: The Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Region IX – Local Emergency Planning Committee (LEPC) If any person decides to appeal any decision made by the will hold its quarterly meeting to discuss and implement Board with respect to any matter considered at this meeting or provisions of the Emergency Planning and Community hearing, he/she will need to ensure that a verbatim record of Right-To-Know Act. Additionally, the Southwest Florida the proceeding is made, which record includes the testimony Regional Hazmat Teams Meeting will be held at the same and evidence from which the appeal is to be issued. location beginning at 11:00 a.m. For more information, you may contact: Visit the SWFRPC’s A copy of the agenda may be obtained by contacting: Principal website at: www.swfrpc.org. Planner John Gibbons at (239)338-2550, ext. 229, or email: [email protected]. The Southwest Florida Regional Planning Council Pursuant to the provisions of the Americans with Disabilities announces a public meeting to which all persons are invited. Act, any person requiring special accommodations to DATE AND TIME: Thursday, August 18, 2011, 3:00 p.m. participate in this workshop/meeting is asked to advise the PLACE: Southwest Florida Regional Planning Council, 1st agency at least 48 hours before the workshop/meeting by Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, contacting: Ms. Deborah Kooi at [email protected] or Florida (239)338-2550, ext. 210. If you are hearing or speech GENERAL SUBJECT MATTER TO BE CONSIDERED: The impaired, please contact the agency using the Florida Relay SWFRPC’s Budget & Finance Committee will be meeting to Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). discuss the SWFRPC’s budget issues.

2286 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

If any person decides to appeal any decision made by the (V/TDD)]. 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 and evidence from which the appeal is to be issued. WATER MANAGEMENT DISTRICTS For more information, you may contact: Visit our website at: www.swfrpc.org. The South Florida Water Management District announces a public meeting to which all persons are invited. DATE AND TIME: Wednesday, August 17, 2011, 10:00 a.m. The South Florida Regional Planning Council announces a public meeting to which all persons are invited. PLACE: South Florida Water Management District, B-1 Bill Storch Conference Room, 3301 Gun Club Road, West Palm DATE AND TIME: Friday, August 26, 2011, 9:00 a.m. Beach, FL 33406. All or part of these meetings will be PLACE: South Florida Regional Planning Council, 3440 video-conferenced in order to permit maximum participation Hollywood Boulevard, Suite 14, Hollywood, Florida 33021 from the South Florida Water Management District Service SUBJECT MATTER TO BE CONSIDERED: To support the Centers located at: Lower West Coast Service Center, 2301 reduction of our nation’s dependence on imported oil by McGregor Blvd., Fort Myers, FL 33901; Orlando Service discussing and promoting the region’s use of alternative fuels Center, 1707 Orlando Central Parkway Suite 200, Orlando, FL and alternative fuel vehicles through the Florida Gold Coast 32809. Clean Cities Coalition. This meeting will be a facilitated GENERAL SUBJECT MATTER TO BE CONSIDERED: planning workshop. Public Meeting to Discuss Regulatory Matters. A copy of the agenda may be obtained by writing: South A copy of the agenda may be obtained by contacting: Florida Regional Planning Council, 3440 Hollywood www.sfwmd.gov, Hold mouse over the “Topics” tab, scroll Boulevard, Suite #140, Hollywood, Florida 33021. down to “Permits”, Click Under “Upcoming Events” on the If you are hearing or speech impaired, please contact: South right hand column, Click the “Monthly Regulatory Meetings” Florida Regional Planning Council at (954)967-4152, ext. 40 link or by subscribing to ePermitting/eNoticing: www.sfwmd. (TDD) if you require additional information regarding the gov/epermitting. For additional information, you may also call above meeting. If you require special accommodations because our information line at (561)682-6207 or Florida toll-free: of a disability or physical impairment, please contact the 1(800)432-2045, Ext. 6207. Council at (954)985-4416 at least five calendar days prior to Pursuant to the provisions of the Americans with Disabilities the meeting. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the METROPOLITAN PLANNING ORGANIZATIONS agency at least 7 days before the workshop/meeting by The Pinellas County Local Coordinating Board announces a contacting: District Clerk’s Office (561)682-2087. If you are public meeting to which all persons are invited. hearing or speech impaired, please contact the agency using the DATE AND TIMES: August 16, 2011, 9:15 a.m.; Public Florida Relay Service, 1(800)955-8771 (TDD) or Hearing, 10:30 a.m. 1(800)955-8770 (Voice). PLACE: Pinellas County Planning Department, Conference If any person decides to appeal any decision made by the Room, 600 Cleveland Street, Suite 750, Clearwater, FL 33755 Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of GENERAL SUBJECT MATTER TO BE CONSIDERED: the proceeding is made, which record includes the testimony Regular Local Coordinating Board meeting, with a public and evidence from which the appeal is to be issued. hearing beginning at 10:30 a.m. For more information, you may contact: District Clerk’s A copy of the agenda may be obtained by contacting: Heather Office, (561)682-2087. Sobush at [email protected] or (727)464-8200. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to LAND AND WATER ADJUDICATORY COMMISSION participate in this workshop/meeting is asked to advise the The Florida Land and Water Adjudicatory Commission agency at least 2 days before the workshop/meeting by announces a hearing to which all persons are invited. contacting: Office of Human Rights, 400 So. Ft. Harrison DATE AND TIME: August 16, 2011, 9:00 a.m. Avenue, Suite 300, Clearwater, Florida 33756, (727)464-4062 PLACE: Cabinet Meeting Room, LL03, The Capitol, Tallahassee, Florida

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GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: This is a regularly scheduled meeting of the Governor and Meeting of the Evaluation Committee to hear Finalists’ Oral Cabinet. The Governor and Cabinet sitting as the Florida Land Presentations and to conduct interviews for ITN 39-10/11, and Water Adjudicatory Commission will meet to consider the Public Relations Services and Related Services and merger of the Westchase Community Development District Commodities. with the Westchase East Community Development District A copy of the agenda may be obtained by contacting: Summer (Rule Nos. 42OOO-1.001, .002, .003, F.A.C.). Silvestri at (850)487-7710 or by going to the Department of the A copy of the agenda may be obtained by contacting: Barbara Lottery’s website: www.flalottery.com. Leighty, Office of the Governor, Room 1801, The Capitol, Any person requiring a special accommodation because of a Tallahassee, Florida 32399-0001, telephone (850)487-1884. disability at this public meeting should contact the ADA Coordinator at (850)487-7777, ext. 3700 (Voice), or through The Florida Land and Water Adjudicatory Commission the Florida Relay Service at 1(800)955-8771 (TDD), at least announces a hearing to which all persons are invited. 24 hours prior to the meeting. DATE AND TIME: August 16, 2011, 9:00 a.m. If a person decides to appeal any decision made by the Lottery PLACE: Cabinet Meeting Room, LL03, The Capitol, with respect to any matter considered at the meeting, he or she Tallahassee, FL will need a record of the proceedings, and for such purpose, he GENERAL SUBJECT MATTER TO BE CONSIDERED: or she will need to ensure that a verbatim record of the This is a regularly scheduled meeting of the Governor and proceedings is made which includes the testimony and Cabinet. The Governor and Cabinet sitting as the Florida Land evidence upon which the appeal is to be based. and Water Adjudicatory Commission will meet to consider the dissolution of the Circle Square Woods Community AGENCY FOR HEALTH CARE ADMINISTRATION Development District (repeal of Rule Nos. 42S-1.001, .002, The Agency for Health Care Administration, on behalf of .003, F.A.C.). the Low Income Pool (LIP) Council, announces a public A copy of the agenda may be obtained by contacting: Barbara meeting to which all persons are invited. Leighty, Office of the Governor, Room 1801, The Capitol, DATE AND TIME: August 17, 2011, 10:00 a.m. – 4:00 p.m. Tallahassee, Florida 32399-0001, telephone (850)487-1884. PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, FL The Florida Land and Water Adjudicatory Commission 32308; Call-in Number: 1(866)249-2033, I.D. # 85940566 announces a hearing to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: DATE AND TIME: August 16, 2011, 9:00 a.m. Discussion of the LIP program including legislative updates, PLACE: Cabinet Meeting Room, LL03, The Capitol, funding methodology, policies and procedures in accordance Tallahassee, FL with the approved Medicaid Reform Section 1115 GENERAL SUBJECT MATTER TO BE CONSIDERED: Demonstration. This is a regularly scheduled meeting of the Governor and A copy of the agenda may be obtained by contacting: All Cabinet. The Governor and Cabinet sitting as the Florida Land meeting discussion material, including an agenda, will be and Water Adjudicatory Commission will meet to consider the posted to the LIP website at http://ahca.myflorida.com/ dissolution of the Coastal Lake Community Development medicaid/medicaid_reform/lip/lip.shtml. If you need additional District (repeal of Rule Nos. 42WW-1.001, .002, .003, F.A.C.). information, please contact Nicole Maldonado, (850)412-4287, A copy of the agenda may be obtained by contacting: Barbara [email protected] with any questions. Leighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida 32399-0001, telephone (850)487-1884. RESCHEDULED – The Agency for Health Care Administration announces a telephone conference call to DEPARTMENT OF THE LOTTERY which all persons are invited. The Department of the Lottery announces a public meeting DATE AND TIME: Monday, August 22, 2011 (The to which all persons are invited. teleconference originally noticed for Friday, July 29, 2011 has DATE AND TIME: Wednesday, August 24, 2011, 10:00 a.m. been rescheduled.) 1:00 p.m. – 4:00 p.m. (EST) (Eastern Time), continuing from day to day thereafter as may PLACE: Agency for Health Care Administration, be required TELECONFERENCE CALL ONLY, Dial In Number: PLACE: Florida Lottery Headquarters, 250 Marriott Drive, 1(877)317-0672, Conference ID: 78734670 Tallahassee, Florida 32301

2288 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: Medicaid Reform Technical Advisory Panel Teleconference; Consideration and entry of a Final Order regarding the all parties are encouraged to call in to the public teleconference application for rate change filed by the Port of Pensacola. meeting by calling (877)317-0672; Conference ID: 78734670. A copy of the agenda may be obtained by contacting: Board of A copy of the agenda may be obtained by contacting: Stacey Pilot Commissioners, 1940 N. Monroe Street, Tallahassee, FL Wolf, (850)412-4687 or by email: Stacey.Wolf@ahca. 32399-0773. myflorida.com. Pursuant to the provisions of the Americans with Disabilities Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by agency at least 5 days before the workshop/meeting by contacting: The Board Office. If you are hearing or speech contacting: Janice Ruis, (850)412-4671 or by email: impaired, please contact the agency using the Florida Relay [email protected]. If you are hearing or speech Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). impaired, please contact the agency using the Florida Relay If any person decides to appeal any decision made by the Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Board with respect to any matter considered at this meeting or For more information, you may contact: Stacey Wolf, hearing, he/she will need to ensure that a verbatim record of (850)412-4687 or by email: [email protected]. the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. The Agency for Health Care Administration announces a telephone conference call to which all persons are invited. The Board of Pilot Commissioners announces a telephone DATE AND TIME: Monday, August 29, 2011, 10:00 a.m. – conference call to which all persons are invited. 12:00 Noon DATE AND TIME: August 16, 2011, 10:00 a.m. (EDT) PLACE: Webinar, Internet sign-on: kumart.glance.net, Session PLACE: Conference Call: 1(888)808-6959, Conference Code: Key: 1234; Telephone Conference, Dial-In Number: 4878197# 1(888)808-6959, Conference Code: 7556753 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: To General Board Business. conduct general business of the council including discussions A copy of the agenda may be obtained by contacting: Board of surrounding SRTR data as it relates to Medicaid-designated Pilot Commissioners, 1940 N. Monroe Street, Tallahassee, FL transplant centers. 32399-0773. A copy of the agenda may be obtained by contacting: Theresa Pursuant to the provisions of the Americans with Disabilities Kumar, Transplant Coordinator, Agency for Health Care Act, any person requiring special accommodations to Administration, Bureau of Medicaid Services, 2727 Mahan participate in this workshop/meeting is asked to advise the Drive, Mail Stop 20, Tallahassee, Florida 32308, telephone: agency at least 5 days before the workshop/meeting by (850)412-4232, e-mail: [email protected]. contacting: The Board Office. 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 48 hours before the workshop/meeting by Board with respect to any matter considered at this meeting or contacting: Theresa Kumar at (850)412-4232. If you are hearing, he/she will need to ensure that a verbatim record of hearing or speech impaired, please contact the agency using the the proceeding is made, which record includes the testimony Florida Relay Service, 1(800)955-8771 (TDD) or and evidence from which the appeal is to be issued. 1(800)955-8770 (Voice). The Florida Real Estate Commission announces a public DEPARTMENT OF BUSINESS AND PROFESSIONAL meeting to which all persons are invited. REGULATION DATES AND TIME: Tuesday, August 30, 2011; Wednesday, The Board of Pilot Commissioners, Pilotage Rate Review August 31, 2011, 8:30 a.m. Committee announces a telephone conference call to which all PLACE: Zora Neale Hurston Building, North Tower, Suite persons are invited. N901, 400 West Robinson Street, Orlando, Florida 32801 DATE AND TIME: August 16, 2011, 10:00 a.m. (EDT) GENERAL SUBJECT MATTER TO BE CONSIDERED: PLACE: Conference Call: 1(888)808-6959, Conference Code: Official business of Commission – among topics included, but 4878197# not limited to, are proposed legislation affecting Chapter 475, Part I, F.S., rule development workshops, Florida

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Administrative Code 61J2 rule amendments, budget DEPARTMENT OF ENVIRONMENTAL PROTECTION discussions, escrow disbursement requests, recovery fund The Department of Environmental Protection announces a claims, education issues, petitions for declaratory statement, public meeting to which all persons are invited. petitions for rule variance/waiver, and disciplinary actions. DATE AND TIME: August 18, 2011, 9:30 a.m. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the PLACE: Florida Department of Environmental Protection Commission members or its counsel. Main Conference Room, 13051 N. Telecom Parkway, Temple Terrace, FL 33637 A copy of the agenda may be obtained by contacting: Deputy Clerk, Florida Real Estate Commission, 400 W. Robinson GENERAL SUBJECT MATTER TO BE CONSIDERED: Street, Suite N801, Orlando, Florida 32801-1772. This is a general public meeting of interested stakeholders to discuss the update to the Hillsborough River Basin Pursuant to the provisions of the Americans with Disabilities Management Action Plan (BMAP) for Water Body Act, any person requiring special accommodations to Identifications (WBIDs) 1442 New River, 1482 Blackwater participate in this workshop/meeting is asked to advise the Creek, 1522A Flint Creek, 1522C Baker Creek, 1561 agency at least 5 days before the workshop/meeting by Spartman Branch, 1443E Lower Hillsborough River. This contacting: Division of Real Estate at (407)481-5662. If you meeting will provide an opportunity for stakeholders to are hearing or speech impaired, please contact the agency using provide their comments to the Department of Environmental the Florida Relay Service, 1(800)955-8771 (TDD) or Protection regarding the update for the Hillsborough River 1(800)955-8770 (Voice). Basin BMAP. The BMAP is the means for implementation of For more information, you may contact: Deputy Clerk, Florida the adopted Total Maximum Daily Loads (TMDLs). The Real Estate Commission, 400 W. Robinson Street, Suite N801, primary topics of discussion during this meeting will be a Orlando, Florida 32801-1772. review of data and project updates. A copy of the agenda may be obtained by contacting: Terry The Probable Cause Panel of the Florida Real Estate Hansen, Watershed Planning and Coordination Section, Florida Commission announces a public meeting to which all persons Department of Environmental Protection, 2600 Blair Stone are invited. Road, MS 3565, Tallahassee, Florida 32399-2400 or by e-mail: DATE AND TIME: Monday, August 29, 2011, 2:30 p.m. or as [email protected]. soonest thereafter Pursuant to the provisions of the Americans with Disabilities PLACE: Zora Neale Hurston Building, North Tower, Suite Act, any person requiring special accommodations to N901, 400 West Robinson Street, Orlando, Florida 32801 participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: The agency at least 48 hours before the workshop/meeting by Probable Cause Panel will meet to conduct a private meeting to contacting: Terry Hansen at (850)245-8561. If you are hearing review cases to determine probable cause and to conduct a or speech impaired, please contact the agency using the Florida public meeting to review cases where probable cause was Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 previously found. All or part of this meeting may be conducted (Voice). as a teleconference in order to permit maximum participation of the Probable Cause Panel or its counsel. The Department of Environmental Protection announces a A copy of the agenda may be obtained by contacting: Deputy public meeting to which all persons are invited. Clerk, Florida Real Estate Commission, 400 W. Robinson DATE AND TIME: August 18, 2011, 1:30 p.m. Street, Suite N801, Orlando, Florida 32801-1772. Only public PLACE: Florida Department of Environmental Protection portions of the agenda are available upon request. Main Conference Room, 13051 N. Telecom Parkway, Temple Pursuant to the provisions of the Americans with Disabilities Terrace, FL 33637 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 general public meeting of interested stakeholders to agency at least 5 days before the workshop/meeting by discuss issues related to the Alafia River Basin Management contacting: Division of Real Estate at (407)481-5662. If you Action Plan (BMAP) for Water Body Identifications (WBIDs) are hearing or speech impaired, please contact the agency using 1621G Tidal Reach, 1578B Turkey Creek, 1592C Mustang the Florida Relay Service, 1(800)955-8771 (TDD) or Ranch Creek, 1552 English Creek, 1639 Thirty Mile Creek, 1(800)955-8770 (Voice). and 1583 Poley Creek. This meeting will provide an For more information, you may contact: Division of Real opportunity for stakeholders to provide their comments to the Estate at (407)481-5662. Department of Environmental Protection regarding development of the Alafia River BMAP. The BMAP is the means for implementation of the adopted Total Maximum

2290 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Daily Loads (TMDLs). The primary topic of discussion during DEPARTMENT OF HEALTH this meeting will be the introduction of the process of BMAP The Board of Medicine and Osteopathic Medicine development. Ophthalmology Informed Consent Joint Committee A copy of the agenda may be obtained by contacting: Terry announces a public meeting to which all persons are invited. Hansen, Watershed Planning and Coordination Section, Florida DATE AND TIME: Friday, August 19, 2011, 10:30 a.m. Department of Environmental Protection, 2600 Blair Stone Road, MS 3565, Tallahassee, Florida 32399-2400 or by e-mail: PLACE: The Florida Hotel and Conference Center, 1500 Sand [email protected]. Lake Road, Orlando, Florida 32809; Hotel phone: (407)859-1500 Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: For participate in this workshop/meeting is asked to advise the the purpose of establishing a standard informed consent form agency at least 48 hours before the workshop/meeting by that sets forth the recognized specific risks related to cataract contacting: Terry Hansen at (850)245-8561. If you are hearing surgery. or speech impaired, please contact the agency using the Florida A copy of the agenda may be obtained by contacting: Whitney Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Bowen at [email protected] or call: (Voice). (850)245-4131, ext. 3517. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The Department of Environmental Protection announces a participate in this workshop/meeting is asked to advise the public meeting to which all persons are invited. agency at least 10 days before the workshop/meeting by DATE AND TIME: August 19, 2011, 9:30 a.m. contacting: Whitney Bowen at [email protected]. PLACE: Bradenton Central Library, 1301 Barcarrota fl.us or call (850)245-4131, ext. 3517. If you are hearing or Boulevard West, Bradenton, FL 34205 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 This is a general public meeting of interested stakeholders to (Voice). discuss issues related to the Manatee River Basin Management If any person decides to appeal any decision made by the Action Plan (BMAP) for Water Body Identifications (WBIDs) Board with respect to any matter considered at this meeting or WBID 1923 (Rattlesnake Slough), WBID 1926 (Cedar Creek), hearing, he/she will need to ensure that a verbatim record of WBID 1913 (Nonsense Creek), and WBID 1914 (Braden River the proceeding is made, which record includes the testimony above Ward Lake). This meeting will provide an opportunity and evidence from which the appeal is to be issued. for stakeholders to provide their comments to the Department of Environmental Protection regarding development of the Manatee River BMAP. The BMAP is the means for The Florida Board of Nursing, North Probable Cause Panel implementation of the adopted Total Maximum Daily Loads announces a telephone conference call to which all persons are (TMDLs). The primary topic of discussion during this meeting invited. will be the introduction of the process of BMAP development. DATE AND TIME: August 17, 2011, 10:30 a.m. A copy of the agenda may be obtained by contacting: Terry PLACE: Department of Health, Tallahassee at Meet Me Hansen, Watershed Planning and Coordination Section, Florida Number: 1(888)808-6959, Code: 2454640 Department of Environmental Protection, 2600 Blair Stone GENERAL SUBJECT MATTER TO BE CONSIDERED: For Road, MS 3565, Tallahassee, Florida 32399-2400 or by e-mail: cases previously heard by the panel. [email protected]. A copy of the agenda may be obtained by contacting: Joe Pursuant to the provisions of the Americans with Disabilities Baker, Jr., Executive Director, 4052 Bald Cypress Way, Bin Act, any person requiring special accommodations to #C02, Tallahassee, FL 32399-3257. participate in this workshop/meeting is asked to advise the Pursuant to the provisions of the Americans with Disabilities agency at least 48 hours before the workshop/meeting by Act, any person requiring special accommodations to contacting: Terry Hansen at (850)245-8561. If you are hearing participate in this workshop/meeting is asked to advise the or speech impaired, please contact the agency using the Florida agency at least 48 hours before the workshop/meeting by Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 contacting: The Board Office. If you are hearing or speech (Voice). 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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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 Nursing South Probable Cause Panel The Drugs, Devices and Cosmetics Program announces a announces a telephone conference call to which all persons are public meeting to which all persons are invited. invited. DATE AND TIME: August 25, 2011, 9:30 a.m. DATE AND TIME: August 18, 2011, 10:00 a.m. – 1:00 p.m. PLACE: Betty Easley Conference Center, 4075 Esplanade PLACE: Department of Health, Tallahassee at Meet Me Way, Room 152, Tallahassee, FL 32399 Number: 1(888)808-6959, Code: 2458182 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: For General Council Business. cases previously heard by the panel. A copy of the agenda may be obtained by contacting: The A copy of the agenda may be obtained by contacting: Joe Drugs, Devices and Cosmetics Program, 4052 Bald Cypress Baker Jr., Executive Director, 4052 Bald Cypress Way, Bin Way, Mail Bin #CO4, Tallahassee, FL 32399-3254 or via #C02, Tallahassee, FL 32399-3257. telephone at (850)245-4227. Pursuant to the provisions of the Americans with Disabilities Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by agency at least 10 days before the workshop/meeting by contacting: The Board Office. If you are hearing or speech contacting: The Drugs, Devices and Cosmetics Program, 4052 impaired, please contact the agency using the Florida Relay Bald Cypress Way, Mail Bin #CO4, Tallahassee, FL Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 32399-3254 or via telephone at (850)245-4227. If you are If any person decides to appeal any decision made by the hearing or speech impaired, please contact the agency using the Board with respect to any matter considered at this meeting or Florida Relay Service, 1(800)955-8771 (TDD) or hearing, he/she will need to ensure that a verbatim record of 1(800)955-8770 (Voice). the proceeding is made, which record includes the testimony For more information, you may contact: The Drugs, Devices and evidence from which the appeal is to be issued. and Cosmetics Program at 4052 Bald Cypress Way, Mail Bin #CO4, Tallahassee, FL 32399-3254 or via telephone at The Board of Osteopathic Medicine and Medicine (850)245-4227. Ophthalmology Informed Consent Joint Committee announces a public meeting to which all persons are invited. The Florida Department of Health, Institutional Review DATE AND TIME: Friday, August 19, 2011, 10:30 a.m. (EST) Board, Committee I announces a public meeting to which all or shortly thereafter persons are invited. PLACE: The Florida Hotel and Conference Center, 1500 Sand DATES AND TIME: August 17, 2011; September 21, 2011; Lake Road, Orlando, FL 32809, (407)859-1500 October 19, 2011; November 16, 2011; December 21, 2011, GENERAL SUBJECT MATTER TO BE CONSIDERED: For 1:30 p.m. – 3:30 p.m. the purpose of establishing a standard informed consent form PLACE: Capital Circle Office Complex, Building 4030, that sets forth the recognized specific risks related to cataract Conference Room 280N, Tallahassee, Florida surgery. GENERAL SUBJECT MATTER TO BE CONSIDERED: To A copy of the agenda may be obtained by contacting: Anthony review full board, expedited and exempt research studies to Jusevitch, Executive Director at (850)245-4161 or 4052 Bald ensure that they meet regulatory requirements. Cypress Way, #C-06, Tallahassee, FL 32399. A copy of the agenda may be obtained by contacting: Meghan Pursuant to the provisions of the Americans with Disabilities Kennedy, Administrator, Institutional Review Board, Act, any person requiring special accommodations to (850)245-4610. participate in this workshop/meeting is asked to advise the For more information, you may contact: Meghan Kennedy, agency at least 5 days before the workshop/meeting by Administrator, Institutional Review Board, (850)245-4610. contacting: Christy Robinson at (850)245-4161. If you are hearing or speech impaired, please contact the agency using the The Florida Department of Health Institutional Review Florida Relay Service, 1(800)955-8771 (TDD) or Board, Committee II announces a public meeting to which all 1(800)955-8770 (Voice). persons are invited.

2292 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

DATES AND TIME: September 7, 2011; October 5, 2011; DATE AND TIME: August 31, 2011, 10:00 a.m. November 2, 2011; December 7, 2011, 8:30 a.m. – 10:30 a.m. PLACE: 1317 Winewood Blvd., Bldg. 6, Conference Room A, PLACE: Capital Circle Office Complex, Building 4030, Tallahassee, FL 32399 Conference Room 280N, Tallahassee, Florida GENERAL SUBJECT MATTER TO BE CONSIDERED: ITN GENERAL SUBJECT MATTER TO BE CONSIDERED: To #07D11GC1 – To Become the Community-Based Managing review full board, expedited and exempt research studies to Entity for Substance Abuse and Mental Health Services in the ensure that they meet regulatory requirements. Southeast Region – Initial Meeting of Evaluators. The purpose A copy of the agenda may be obtained by contacting: Meghan of this meeting is to review the guidelines for evaluation and Kennedy, Administrator, Institutional Review Board, distribute the responses received to the Department’s (850)245-4610. evaluators. For more information, you may contact: Meghan Kennedy, For more information, you may contact: Michele Staffieri, Administrator, Institutional Review Board, (850)245-4610. Procurement Manager, (850)717-4354, Michele_staffieri@ dcf.state.fl.us. DEPARTMENT OF CHILDREN AND FAMILY SERVICES The Refugee Services Program announces a public meeting to which all persons are invited. The Department of Children and Families announces a DATE AND TIME: August 15, 2011, 1:00 p.m. public meeting to which all persons are invited. PLACE: Department of Children and Families, Hurston DATE AND TIME: Wednesday, August 17, 2011, 1:30 p.m. Building, South Tower, First Floor, Conference Room A & B, PLACE: 7601 Little Road, Suite 100, New Port Richey, FL 400 West Robinson Street, Orlando, FL 32801 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: A Ongoing Pasco County Alliance business. public community stakeholder meeting to discuss the new A copy of the agenda may be obtained by contacting: concept and design of the Lead Agency for Community-Based Stephanie Allen at (727)518-3242. Refugee Services for Orange, Osceola, and Seminole Counties Pursuant to the provisions of the Americans with Disabilities (Invitation to Negotiate / ITN #07K11BS1), as provided for in Act, any person requiring special accommodations to Addendum #3 to Section 2.6 of the ITN published on the participate in this workshop/meeting is asked to advise the Vendor Bid System (VBS) on July 13, 2011. The VBS can be agency at least 48 hours before the workshop/meeting by accessed at: http://vbs.dms.state.fl.us/. contacting: Stephanie Allen, (727)518-3242. If you are hearing A copy of the agenda may be obtained by contacting: Anna or speech impaired, please contact the agency using the Florida Bethea at [email protected]. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Pursuant to the provisions of the Americans with Disabilities (Voice). Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the The Department of Children and Families announces a agency at least 5 days before the workshop/meeting by public meeting to which all persons are invited. contacting: Anna Bethea at [email protected]. If DATE AND TIME: August 25, 2011, 10:00 a.m. you are hearing or speech impaired, please contact the agency PLACE: 1317 Winewood Blvd., Bldg. 6, Conference Room A, using the Florida Relay Service, 1(800)955-8771 (TDD) or Tallahassee, FL 32399 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: ITN #07D11GC3 – To Become the Community-Based Managing DEPARTMENT OF FINANCIAL SERVICES Entity for Substance Abuse and Mental Health Services in the Northeast Region – Initial Meeting of Evaluators. The purpose The Board of Funeral, Cemetery and Consumer Services, of this meeting is to review the guidelines for evaluation and Probable Cause Panel B announces a public meeting to which distribute the responses received to the Department’s all persons are invited. evaluators. DATE AND TIME: Tuesday, August 31, 2011, 10:30 a.m. For more information, you may contact: Michele Staffieri, PLACE: 111 West Madison Street, Claude Denson Pepper Procurement Manager, (850)717-4354, Michele_staffieri@dcf. Building, Room 336J, Tallahassee, Florida 32399 state.fl.us. GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct a public meeting to reconsider the following three (3) The Department of Children and Families announces a disciplinary case with prior findings of probable cause: public meeting to which all persons are invited. William Napert, Case No.: 110449-10-FC, Brevard Memorial Funeral Home, Case No.: 110450-10-FC, and Lavelle Bing, Case No.: 109795-10-FC.

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A copy of the agenda may be obtained by contacting: LaTonya DATE AND TIME: Friday, September 9, 2011, 9:00 a.m. – Bryant-Parker at (850)413-3039 or email: LaTonya.Bryant- 5:00 p.m. [email protected]. PLACE: Embassy Suites Orlando Airport, 5835 T.G. Lee Pursuant to the provisions of the Americans with Disabilities Boulevard, Orlando, Florida 32822, (407)888-9339 Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the Disability Rights Florida, Florida’s Protection and Advocacy agency at least 48 hours before the workshop/meeting by Programs Quarterly/Joint Meeting of the Board of Directors/ contacting: LaTonya Bryant-Parker at (850)413-3039. If you PAIMI Advisory Council and Members are hearing or speech impaired, please contact the agency using A copy of the agenda may be obtained by contacting: Paige the Florida Relay Service, 1(800)955-8771 (TDD) or Morgan, (850)488-9071, Ext. 9721 or 1(800)342-0823. 1(800)955-8770 (Voice). Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to PASCO-PINELLAS AREA AGENCY ON AGING participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by The Area Agency on Aging of Pasco-Pinellas, Inc. contacting: Disability Rights Florida, 2728 Centerview Drive, announces a public meeting to which all persons are invited. Suite 102, Tallahassee, Florida 32301, 1(800)342-0823, DATE AND TIME: August 15, 2011, 9:30 a.m. 1(800)346-4127 (TDD). If you are hearing or speech impaired, PLACE: 9887 4th Street North, Suite 100, St. Petersburg, FL please contact the agency using the Florida Relay Service, 33702 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: Items related to Area Agency on Aging of Pasco-Pinellas WORKFORCE FLORIDA business and Board of Directors oversight. A copy of the agenda may be obtained by contacting: Brenda The Workforce Florida announces a public meeting to which Black at (727)570-9696, Ext. 233. all persons are invited. Pursuant to the provisions of the Americans with Disabilities DATES AND TIMES: August 17, 2011, Field Experience, Act, any person requiring special accommodations to Tour JAXPORT, 8:30 a.m. – 12:30 p.m. (ET); New Board participate in this workshop/meeting is asked to advise the Governance Orientation, 2:00 p.m. – 5:00 p.m. (ET); Board agency at least 4 days before the workshop/meeting by Dinner, 6:00 p.m. – 8:30 p.m. (ET); August 18, 2011, Board of contacting: Brenda Black at (727)570-9696, Ext. 233. If you Directors Meeting, 8:30 a.m. – 12:30 p.m. (ET) are hearing or speech impaired, please contact the agency using PLACE: Hyatt Regency Jacksonville Riverfront, 225 E. the Florida Relay Service, 1(800)955-8771 (TDD) or Coastline Drive, Jacksonville, FL 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: For more information, you may contact: Brenda Black at General Board meeting – discussion of workforce issues. (727)570-9696, ext. 233. A copy of the agenda may be obtained by contacting: www.workforceflorida.com. FLORIDA ATLANTIC RESEARCH AND Pursuant to the provisions of the Americans with Disabilities DEVELOPMENT AUTHORITY Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the The Florida Atlantic Research and Development Authority agency at least 5 days before the workshop/meeting by announces a workshop to which all persons are invited. contacting: Peggy Dransfield at (850)921-1119. If you are DATE AND TIME: Tuesday, August 30, 2011, 8:00 a.m. hearing or speech impaired, please contact the agency using the PLACE: Florida Atlantic University, Boca Raton Campus, Florida Relay Service, 1(800)955-8771 (TDD) or Engineering Building, 3rd Floor, Dean’s Conference Room 1(800)955-8770 (Voice). (EE303C), 777 Glades Road, Boca Raton, FL 33431 GENERAL SUBJECT MATTER TO BE CONSIDERED: FLORIDA INDEPENDENT LIVING COUNCIL Board of Directors Meeting. A copy of the agenda may be obtained by contacting: Christine The Florida Independent Living Council, Inc. announces a Cannon-Burres, [email protected]. telephone conference call to which all persons are invited. MEETING: PERSONNEL Committee ADVOCACY CENTER FOR PERSONS WITH DATE AND TIME: Friday, August 19, 2011, 10:00 a.m. DISABILITIES PLACE: Conference Call: 1(888)809-6959, Conference Code: 4885624; 1416 N. Adams Street, Tallahassee, Florida 32303 The Disability Rights Florida announces a public meeting to which all persons are invited.

2294 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Peggy Please note that committees and task forces of the Florida Waters, Social Services Manager, DeSoto County Social Independent Living Council will meet at various times Services Department, 201 East Oak Street, Suite 202, Arcadia, throughout the year to carry out the work of the council; the Florida 34266. meeting dates and times will be posted at the above address at Pursuant to the provisions of the Americans with Disabilities least seven days prior to the meeting. Persons who want to be Act, any person requiring special accommodations to notified of such meetings may request to be put on the mailing participate in this workshop/meeting is asked to advise the list for such notices by writing: Molly Gosline at the council agency at least 2 days before the workshop/meeting by address. Florida Independent Living Council, 1416 N. Adams contacting: Peggy Waters, Social Services Manager, DeSoto Street, Tallahassee, Florida 32303, (850)488-5624 or Toll Free County Social Services Department, 201 East Oak Street, Suite 1(877)822-1993. 202, Arcadia, Florida 34266, (863)993-4858. If you are Any person who needs an accommodation to participate in this hearing or speech impaired, please contact the agency using the meeting because of a disability, including alternative formats, Florida Relay Service, 1(800)955-8771 (TDD) or should submit a request for such accommodation in writing at 1(800)955-8770 (Voice). least one week before the meeting date. If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or HARDEE COUNTY ECONOMIC DEVELOPMENT hearing, he/she will need to ensure that a verbatim record of AUTHORITY the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. The Hardee County Economic Development Authority For more information, you may contact: Peggy Waters, Social announces a public meeting to which all persons are invited. Services Manager, DeSoto County Social Services DATE AND TIME: Tuesday, August 23, 2011, 8:30 a.m. Department, 201 East Oak Street, Suite 202, Arcadia, Florida PLACE: 412 W. Orange Street, Room 102, Wauchula, Florida 34266, (863)993-4858. 33873 GENERAL SUBJECT MATTER TO BE CONSIDERED: TAMPA BAY ESTUARY PROGRAM Regular board meeting and grant presentations for cycle 8. A copy of the agenda may be obtained by contacting: Sandy The Tampa Bay Estuary Program announces a public Meeks, (863)773-9430. meeting to which all persons are invited. Pursuant to the provisions of the Americans with Disabilities DATES AND TIMES: Management Board, August 11, 2011, Act, any person requiring special accommodations to 1:30 p.m.; Policy Board, August 12, 2011, 10:00 a.m. participate in this workshop/meeting is asked to advise the PLACE: Tampa Bay Regional Planning Council, 4000 agency at least 2 days before the workshop/meeting by Gateway Centre Boulevard, Suite 100, Pinellas Park, Florida contacting: Sandy Meeks, (863)773-9430. If you are hearing or GENERAL SUBJECT MATTER TO BE CONSIDERED: speech impaired, please contact the agency using the Florida Action will be taken on approval of the final FY 10/11 Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Program-Wide Budget, Adoption of Initial FY 11/12 TBEP (Voice). Program-Wide Budget, and Election of the Board Chairs and For more information, you may contact: Sandy Meeks, Vice-Chairs. (863)773-9430. A copy of the agenda may be obtained by contacting: [email protected]. DESOTO COUNTY LOCAL COORDINATING BOARD Pursuant to the provisions of the Americans with Disabilities – TRANSPORTATION DISADVANTAGED Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the The DeSoto County Local Coordinating Board – agency at least 2 days before the workshop/meeting by Transportation Disadvantaged announces a public meeting contacting: [email protected]. If you are hearing or speech to which all persons are invited. impaired, please contact the agency using the Florida Relay DATE AND TIME: August 24, 2011, 9:30 a.m. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). PLACE: 201 East Oak Street, Suite 103, Arcadia, Florida If any person decides to appeal any decision made by the 34266 Board with respect to any matter considered at this meeting or GENERAL SUBJECT MATTER TO BE CONSIDERED: To hearing, he/she will need to ensure that a verbatim record of conduct regular business of the DeSoto County Transportation the proceeding is made, which record includes the testimony Disadvantaged Coordinating Board. and evidence from which the appeal is to be issued. For more information, you may contact: [email protected].

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The Tampa Bay Estuary Program announces a hearing to conclusion of the membership meeting. These meetings are which all persons are invited. subject to cancellation for lack of a quorum or unavailability of DATE AND TIME: August 12, 2011, 10:00 a.m. an interpreter. PLACE: Tampa Bay Regional Planning Council, 4000 A copy of the agenda may be obtained by contacting: Mr. Gateway Centre Blvd., Pinellas Park, Florida James Forstall, Executive Director, Florida GENERAL SUBJECT MATTER TO BE CONSIDERED: Telecommunications Relay, Inc., 1820 E. Park Avenue, Suite NOTICE OF BUDGET HEARING – The Tampa Bay Estuary 1010, Tallahassee, FL 32301. Program’s Policy Board will conduct a public hearing to present the Program’s EPA Cooperative Agreement and Work FLORIDA ALLIANCE FOR ASSISTIVE SERVICES Plan budget for Fiscal Year 2011-2012, beginning October 1, AND TECHNOLOGY, INC. 2011. The Florida Alliance for Assistive Services and Technology, SOURCES OF FUNDING Inc., Executive Committee announces a telephone conference Federal $598,800 call to which all persons are invited. Non-Federal 598,800 DATE AND TIME: August 5, 2011, 10:00 a.m. Total Funding $1,197,600 PLACE: Conference Call: 1(888)808-6959, Conference Code: PROJECTED EXPENDITURES 2373773 Action Plan Implementation $663,800 GENERAL SUBJECT MATTER TO BE CONSIDERED: To Contracted Technical Projects 267,000 establish a Board of Directors annual meeting schedule to be Community Outreach 93,000 noticed on the FAAST website at www.faast.org along with all Partners Action Plan 173,800 Committee meetings for the public’s information starting July Total Projected Expenditures $1,197,600 1, 2011 – June 30, 2012; as well as to receive general FAAST A copy of the agenda may be obtained by contacting: updates. [email protected]. A copy of the agenda may be obtained by contacting: Steve Pursuant to the provisions of the Americans with Disabilities Howells, FAAST Executive Director, (850)487-3278, ext. 102, Act, any person requiring special accommodations to Toll-Free Voice: 1(888)788-9216, ext. 102, TDD: participate in this workshop/meeting is asked to advise the 1(877)506-2723, Email: [email protected]. agency at least 2 days before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: [email protected]. 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 5 days before the workshop/meeting by If any person decides to appeal any decision made by the contacting: Steve Howells, FAAST Executive Director, Board with respect to any matter considered at this meeting or (850)487-3278, ext. 102, Toll-Free Voice: 1(888)788-9216, hearing, he/she will need to ensure that a verbatim record of ext. 102, TDD: 1(877)506-2723, Email: [email protected]. If the proceeding is made, which record includes the testimony you are hearing or speech impaired, please contact the agency and evidence from which the appeal is to be issued. using the Florida Relay Service, 1(800)955-8771 (TDD) or For more information, you may contact: [email protected]. 1(800)955-8770 (Voice). For more information, you may contact: Steve Howells, FLORIDA TELECOMMUNICATION RELAY, INC. FAAST Executive Director, (850)487-3278, ext. 102, Toll-Free Voice: 1(888)788-9216, ext. 102, TDD: 1(877)506-2723, The Florida Telecommunications Relay, Inc. announces a Email: [email protected]. public meeting to which all persons are invited. DATE AND TIME: Friday, August 12, 2011, 10:00 a.m. COUNCIL OF COMMUNITY COLLEGE PRESIDENTS PLACE: 1820 E. Park Avenue, Suite 101, Tallahassee, FL 32301 The Florida College System Council, Presidents Steering GENERAL SUBJECT MATTER TO BE CONSIDERED: Committee announces a public meeting to which all persons There will be an annual membership meeting followed by a are invited. regular meeting of the Board of Directors. Note that the Board DATE AND TIME: August 10, 2011, 8:30 a.m. of Directors meeting will convene immediately after PLACE: Seminole State College-Heathrow Center, 1055 AAA Drive, Heathrow, FL 32746

2296 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Cindy Issues pertaining to Florida’s public state and community Clemmons, FDOT, District One, PIO, (863)519-2828. colleges. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Tina Act, any person requiring special accommodations to Ingramm, (850)222-3222. participate in this workshop/meeting is asked to advise the For more information, you may contact: Michael Brawer, 113 agency at least 48 days before the workshop/meeting by East College Avenue, Tallahassee, FL 32301. contacting: Robin Parish, (863)519-2675. If you are hearing or speech impaired, please contact the agency using the Florida INWOOD CONSULTING ENGINEERS, INC. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Department of Transportation, District Three announces For more information, you may contact: Cindy Clemmons, a public meeting to which all persons are invited. (863)519-2828 or Ken Nelson of AIM Engineering, DATE AND TIME: Thursday, September 1, 2011, 5:30 p.m. – (863)533-6800. 6:30 p.m. PLACE: City of Niceville Community Center, 204 N. Partin Drive, Niceville, Florida 32578 Section VII GENERAL SUBJECT MATTER TO BE CONSIDERED: Notices of Petitions and Dispositions This public information meeting is being held concerning the Regarding Declaratory Statements resurfacing, rehabilitation and restoration of Financial Project ID Number: 424623-1-52-01 SR 20 (Johns Sims Parkway) DEPARTMENT OF MANAGEMENT SERVICES from Roberts Drive to the Walton County Line in Okaloosa County, Florida. The project involves resurfacing the existing NOTICE IS HEREBY GIVEN that E911 Board has received travel lanes, pedestrian safety upgrades and Americans with the petition for declaratory statement from Vertex, Inc., filed Disabilities Act (ADA) accessibility improvements. The on July 15, 2011. The petition seeks the agency’s opinion as to project length is approximately 3 miles. the applicability of Section 365.172, Florida Statutes, as it A copy of the agenda may be obtained by contacting: Sandra applies to the petitioner. Lamb, Atkins Project Manager at (850)638-2288 or by e-mail: The petition seeks the Board’s interpretation of Section [email protected]. 365.172, Florida Statutes, to determine the applicability of the Pursuant to the provisions of the Americans with Disabilities E911 Fee to specific telephone technologies, and determine Act, any person requiring special accommodations to whether the E911 fee 25 line cap already applicable to landline participate in this workshop/meeting is asked to advise the telephone service and other voice communication services agency at least seven days before the workshop/meeting by such as VoIP, is also applicable to cellular telephony. contacting: Sandra Lamb, Atkins Project Manager, 1141 A copy of the Petition for Declaratory Statement may be Jackson Avenue, Chipley, Florida 32428, (850)638-2288; or obtained by contacting: Ryan Butler, Special Support Manager, via e-mail: [email protected]. If you are hearing E911 Board, 4030 Esplanade Way, Suite 160, Tallahassee, or speech impaired, please contact the agency using the Florida Florida 32399-0950. Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Please refer all comments to: Ryan Butler, Special Support (Voice). Manager, E911 Board, 4030 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. AIM ENGINEERING DEPARTMENT OF BUSINESS AND PROFESSIONAL The Florida Department of Transportation, District One REGULATION Office announces a public meeting to which all persons are invited. NOTICE IS HEREBY GIVEN that Division of Alcoholic DATE AND TIME: Thursday, August 18, 2011, 4:30 p.m. – Beverages and Tobacco, Department of Business and 6:30 p.m. Professional Regulation, State of Florida has received the PLACE: Florida Department of Transportation, District One petition for declaratory statement from Schnebly Redlands Headquarters, 801 N. Broadway Avenue, Bartow, FL Winery, Docket Number DS 2011-043. The petition seeks the agency’s opinion as to the applicability of Section 561.221, GENERAL SUBJECT MATTER TO BE CONSIDERED: Florida Statutes, as it applies to the petitioner. Public information meeting on a Florida Department of Transportation project providing for the complete The Petitioner requests a declaratory statement as to the reconstruction of the State Road 60/US 98 Intersection in legality of the following business model: Schnebly Redland’s Bartow, FL. This project is scheduled to get underway in early Winery, a winery located in Miami-Dade County and licensed fall, 2011 and take about 600 days to complete. by the State of Florida, would manufacture beer, wine and

Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 2297 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 brandy; wine would be manufactured from tropical fruits A copy of the Petition for Declaratory Statement may be grown by the Winery, and brandy would be distilled therefrom. obtained by contacting: G. W. Harrell, Executive Director, Under a DD License granted by the State of Florida, Schnebly Construction Licensing Board, P. O. Box 5257, Tallahassee, Redland’s Winery would sell its beer, wine and brandy – either Florida 32314-5257. by the glass, bottle or case – directly to consumers on the Please refer all comments to: G. W. Harrell, Executive Director, Winery premises. Alternatively, Schnebly Redland’s Winery Construction Licensing Board, P. O. Box 5257, Tallahassee, would obtain a 4COP quota license, using it to sell the same Florida 32314-5257. products in a similar fashion. A copy of the Petition for Declaratory Statement may be NOTICE IS HEREBY GIVEN that the Construction Industry obtained by contacting: Agency Clerk, Department of Business Licensing Board has issued an order disposing of the petition and Professional Regulation, Division of Alcoholic Beverages for declaratory statement filed by Jeff Mahlstedt, on July 27, and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 2011. The following is a summary of the agency’s disposition 32399-2217. of the petition: Please refer all comments to: Michael Ross, Chief Attorney, The Notice of Petition for Declaratory Statement was Department of Business and Professional Regulation, Division published in Vol. 37, No. 22, of the June 3, 2011, Florida of Alcoholic Beverages and Tobacco, 1940 North Monroe Administrative Weekly. The Board considered the Petition at a Street, Tallahassee, Florida 32399-2202. duly-noticed public meeting held on June 10, 2011. The Petitioner did not state in his request which statute the NOTICE IS HEREBY GIVEN that the Construction Industry Petitioner sought the Board to interpret. However, Petitioner Licensing Board has received the petition for declaratory appeared to be requesting an interpretation of Section statement from Alejandro Arguelles, filed on July 14, 2011. 489.105(3), Florida Statutes, and whether a roofing contractor The petition seeks the agency’s opinion as to the applicability is licensed to install a tubular skylight. The Board’s Order, filed of Section 489.105(3)(o), Florida Statutes, as it applies to the on July 12, 2011, grants the Petition for Declaratory Statement. petitioner. A roofing contractor may install skylights and solar tunnels so The petition seeks the Board’s interpretation of Section long as no structural members are modified during the 489.105(3)(o), Florida Statutes, and whether a licensed general installation. contractor must be a certified or registered solar contractor or A copy of the Order Disposing of the Petition for Declaratory contract with a solar contractor in order to apply Tile Integrated Statement may be obtained by contacting: G. W. Harrell, Photovoltaics (T.I.P.V.) to roofing. Executive Director, Construction Industry Licensing Board, A copy of the Petition for Declaratory Statement may be P. O. Box 5257, Tallahassee, Florida 32314-5257. obtained by contacting: G. W. Harrell, Executive Director, Please refer all comments to: G. W. Harrell, Executive Director, Construction Licensing Board, P. O. Box 5257, Tallahassee, Construction Industry Licensing Board, P. O. Box 5257, Florida 32314-5257. Tallahassee, Florida 32314-5257. Please refer all comments to: G. W. Harrell, Executive Director, Construction Licensing Board, P. O. Box 5257, Tallahassee, NOTICE IS HEREBY GIVEN that the Construction Industry Florida 32314-5257. Licensing Board has issued an order disposing of the petition for declaratory statement filed by Putnam County Planning and NOTICE IS HEREBY GIVEN that Construction Industry Development Services on July 27, 2011. The following is a Licensing Board has received the petition for declaratory summary of the agency’s disposition of the petition: statement from Jennifer Hatfield, Esq. on behalf of John The Notice of Petition for Declaratory Statement was Garner, Sr., filed on July 19, 2011. The petition seeks the published in Vol. 37, No. 20, of the May 20, 2011, Florida agency’s opinion as to the applicability of Sections Administrative Weekly. The Board considered the Petition at a 489.105(3)(j), (k), and (l), 489.113(3)(c), Florida Statutes, and duly-noticed public meeting held on June 10, 2011. The Rule 61G4-15.032, Florida Administrative Code, as it applies petition requested the Board’s interpretation of Section to the petitioner. 489.105(3)(c), Florida Statutes, and whether a building The petition seeks the Board’s interpretation of Sections department can issue a permit to a legally licensed contractor 489.105(3)(j), (k), and (l), 489.113(3)(c), Florida Statutes, and to construct a single family accessory building, such as a Rule 61G4-15.032, Florida Administrative Code, and whether detached metal carport, on a slab, if it is within the scope of the a commercial swimming pool/spa servicing contractor license local license. The Board’s Order, filed on July 12, 2011, grants is required when installing a new deck or replacing existing the Petition for Declaratory Statement. A locally licensed decking around a swimming pool or spa, or when installing contractor may obtain a permit to construct a single family pavers or other manner of covering over an existing swimming accessory building such as a detached metal carport on a slab if pool or spa deck. the construction in within the scope of the local license.

2298 Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

A copy of the Order Disposing of the Petition for Declaratory A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: G. W. Harrell, Statement may be obtained by contacting: G. W. Harrell, Executive Director, Construction Industry Licensing Board, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257. P. O. Box 5257, Tallahassee, Florida 32314-5257. Please refer all comments to: G. W. Harrell, Executive Director, Please refer all comments to: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257. Tallahassee, Florida 32314-5257.

NOTICE IS HEREBY GIVEN that the Construction Industry NOTICE IS HEREBY GIVEN that the Construction Industry Licensing Board has issued an order disposing of the petition Licensing Board has declined to rule on the petition for for declaratory statement filed by Putnam Planning and declaratory statement filed by Vogt Power International, on Development Services on May 5, 2011. The following is a April 26, 2011. The following is a summary of the agency’s summary of the agency’s disposition of the petition: declination of the petition: The Notice of Petition for Declaratory Statement was The Notice of Petition for Declaratory Statement was published in Vol. 37, No. 21, of the May 27, 2011, Florida published in Vol. 37, No. 20, of the May 20, 2011, Florida Administrative Weekly. The Board considered the Petition at a Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on June 10, 2011. The duly-noticed public meeting held on June 10, 2011. The petition requested the Board’s interpretation of Section petition requested the Board’s interpretation of Section 489.103(9), Florida Statutes, and whether an unlicensed person 489.105, Florida Statutes, and whether an electrical power can perform a roof repair or partial replacement whereby labor generation company can contract with a licensed construction and materials are less than $1,000.00. The Board’s Order, filed company to install, repair, upgrade, etc., heat recovery steam on July 12, 2011, grants the Petition for Declaratory Statement. generators (HRSG), boilers, pressure vessels, and related The Board determined that any work that relates to the building ancillary power generation equipment. The Board’s Order, envelope or would require a building permit because it is a life filed on July 12, 2011, grants the Petition for Declaratory safety issue requires a licensed contractor, answering the Statement. A general contractor may contract for any activity question in the negative. under Chapter 489, Florida Statutes, and may perform any A copy of the Order Disposing of the Petition for Declaratory work except as described under Section 489.113, Florida Statement may be obtained by contacting: G. W. Harrell, Statutes. Therefore, to install, repair, upgrade heat recovery Executive Director, Construction Industry Licensing Board, steam generators (HRSG), boilers, pressure vessels, and related P. O. Box 5257, Tallahassee, Florida 32314-5257. ancillary power generation equipment, a general contractor’s Please refer all comments to: G. W. Harrell, Executive Director, license is required, but such services are subject to the Construction Industry Licensing Board, P. O. Box 5257, subcontracting requirements of Chapter 489, Florida Statutes. Tallahassee, Florida 32314-5257. A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: G. W. Harrell, NOTICE IS HEREBY GIVEN that the Construction Industry Executive Director, Construction Industry Licensing Board, Licensing Board has declined to rule on the petition for P. O. Box 5257, Tallahassee, Florida 32314-5257. declaratory statement filed by Erin L. Sims on May 9, 2011. Please refer all comments to: G. W. Harrell, Executive Director, The following is a summary of the agency’s declination of the Construction Industry Licensing Board, P. O. Box 5257, petition: Tallahassee, Florida 32314-5257. The Notice of Petition for Declaratory Statement was published in Vol. 37, No. 21, of the May 27, 2011, Florida DEPARTMENT OF FINANCIAL SERVICES Administrative Weekly. The Board considered the Petition at a NOTICE IS HEREBY GIVEN that the Department of duly-noticed public meeting held on June 10, 2011. The Financial Services, Division of State Fire Marshal has received petition requested the Board’s interpretation of Chapter 489, the petition for declaratory statement from Fort Myers Beach Florida Statutes, and whether the scope of work of an irrigation Fire Control District on July 8, 2011. The petition seeks the contractor is regulated under Chapter 489, Florida Statutes, so agency’s opinion as to the applicability of Chapter 633, Florida long as the backflow preventer is installed. The Board’s Order, Statutes, as it applies to the petitioner. filed on July 12, 2011, grants the Petition for Declaratory This petition for declaratory statement is referring to an Statement. Pursuant to Section 489.105, Florida Statutes, there existing hotel that has been cited for not having proper fire is no state license category encompassing irrigation contractors separation in an existing incidental mercantile occupancy. The as described by the Petition. Petitioner has presented the following questions: Does a hazardous incidental mercantile occupancy in a hotel/motel

Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 2299 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011 need one (1) hour fire separation? Does the two (2) hours fire Section XI separation apply when an incidental mercantile occupancy is Notices Regarding Bids, Proposals and directly adjacent to a parking? And Does 101-7.1.3.2.1, Florida Fire and Life Safety Code, apply when an incidental mercantile Purchasing occupancy in a existing hotel/motel is directly adjacent to a principle means of egress in a building that is three (3) stories REGIONAL PLANNING COUNCILS or less, and the egress is partially open air? Request for Proposal (RFP) A copy of the Petition for Declaratory Statement may be The Northeast Florida Regional Council working in obtained by contacting: Linje Rivers, Assistant General conjunction with the State of Florida, Division of Emergency Counsel, 200 East Gaines Street, Tallahassee, Florida Management is seeking proposals to produce a Public 32399-0340, Phone (850)413-3110, Fax: (850)488-0697 Information Video on Interoperable Communications geared (please advise if you would like it mailed or faxed to you and toward elected officials. please include your phone number on your request in case any question arises) or by e-mailing your request to The Northeast Florida Regional Council is a regional [email protected]. governmental entity that was formed in 1977 by an interlocal agreement between Baker, Clay, Duval, Flagler, Nassau, Putnam and St. Johns County pursuant to Florida Statutes, Section VIII Chapter 186. The governing body of the Council consists of Notices of Petitions and Dispositions local elected officials and gubernatorial appointees. We Regarding the Validity of Rules received funding from state, federal and local agencies. The Council provides a wide scope of services and programs including strategic planning, regional transportation, economic Notice of Petition for Administrative Determination has development, and emergency preparedness. been filed with the Division of Administrative Hearings on To obtain a copy of the RFP, you may contact Donna Starling the following rules: at (904)279-0880 by August 12, 2011 or you may obtain a NONE copy from our website: nefrc.org. The Northeast Florida Regional Council reserves the right to accept or reject any and all responses that do not meet the RFP Notice of Disposition of Petition for Administrative requirements. Determination have been filed by the Division of Administrative Hearings on the following rules: DEPARTMENT OF MILITARY AFFAIRS NONE INVITATION TO BID The State of Florida, Department of Military Affairs (DMA), Section IX Construction & Facility Management Office (CFMO) requests Notices of Petitions and Dispositions bids from State of Florida registered licensed General and/or Regarding Non-rule Policy Challenges Building Contractors for the following projects located at Chipley and Lakeland, Florida: FOR COMPLETE INFORMATION AND SUBMISSION NONE REQUIREMENTS YOU MUST GO TO THE MYFLORIDA.COM VENDOR BID SYSTEM ON OR Section X AFTER DATES SPECIFIED BELOW AT: Announcements and Objection Reports of http://vbs.dms.state.fl.us/vbs/main_menu. FUNDING: The State of Florida’s performance and obligation the Joint Administrative Procedures to pay under this contract is contingent upon availability of Committee funding and an annual appropriation by the Legislature. MANDATORY PRE-BID/SITE VISIT DATE: As stated on NONE the Vendor Bid System BID OPENING DATE: As stated on the Vendor Bid System PROJECTS: 206040 Lakeland National Guard Armory: Interior and exterior renovation to bring facility to current code compliance standards. Available on VBS 8/5/2011.

2300 Section VIII - Notices of Petitions and Dispositions Regarding the Validity of Rules Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

207009 Chipley National Guard Armory: Interior and exterior THE ABOVE ANNOUNCEMENT WILL APPEAR IN THE renovation to bring facility to current code compliance FLORIDA ADMINISTRATIVE WEEKLY AND ON THE standards. Available on VBS 8/12/2011. FDDC WEB PAGE (fddc.org) ON AUGUST 5, 2011. The Department reserves the right to reject any and all PLEASE FORWARD ALL REQUESTS FOR COPIES OF submissions or accept minor irregularities in the best interest of THIS RFP TO CAROLYN WILLIAMS. the DMA. QUESTIONS ARE TO BE SUBMITTED IN WRITTEN POINT OF CONTACT: Department of Military Affairs, FORMAT ONLY. THIS IS A LEGAL PROCESS AND WE Construction & Facility Management Office, Contract CANNOT ANSWER QUESTIONS VERBALLY. Management Branch (904)823-0256 or (904)827-8544, e-mail: [email protected]. Section XII Faxed or e-mailed submittals are not acceptable and will not be considered. All instructions must be complied with and Miscellaneous requested data must be included in order for your firm to be considered for this project. All information received will be DEPARTMENT OF COMMUNITY AFFAIRS maintained with the Department and will not be returned. DCA Final Order No.: DCA11-OR-141 Request for private meetings by individual firms will not be In re: POLK COUNTY LAND DEVELOPMENT granted. No individual verbal communication shall take place REGULATIONS ADOPTED BY between any applicants and the Owners or Owner’s POLK COUNTY ORDINANCE NO.11-008 representatives. Request for any additional information, clarifications, or technical questions must be requested in ______/ writing. FINAL ORDER The Department of Community Affairs (the “Department”) hereby issues its Final Order, pursuant to §§ FLORIDA DEVELOPMENTAL DISABILITIES 380.05(6) and (11), Florida Statutes, (2010), approving Polk COUNCIL County Ordinance No. 11-008. REQUEST FOR PROPOSALS (FDDC # 2011-CD-9100) FINDINGS OF FACT Disability Awareness Language Arts and Literacy Guide 1. The Green Swamp Area is a statutorily designated area The Florida Developmental Disabilities Council, Inc. (FDDC) of critical state concern, and Polk County is a local government is pleased to announce that this request for proposals (RFP within the Green Swamp Area. #2011-CD-9100) is released in order to develop a Disability 2. On July 8, 2011, the Department received for review Awareness Language Arts and Literacy Guide for Polk County Ordinance No. 11-008 that was adopted by the Prekindergarten and Elementary Grades. Polk County Board of County Commissioners on June 28, Individuals, not-for-profit, and for-profit agencies may submit 2011. proposals in response to this RFP. FDDC has set aside federal 3. Proposed Ordinance No. 11-008 amends Ordinance No. funds for a period not to exceed one (1) year for fiscal support 00-09, Land Development Code, amending the Use Tables in of this RFP. The amount of this contract will be up to $60,000, Chapters 2, 4, and 5 providing for Permitted and Conditional with the exact amount finalized during contract negotiations. Use Reviews; amending Chapter 2, Land Use Districts and Copies of this RFP can be downloaded from the FDDC website Regulations; amending Chapter 7, Site Development (www.fddc.org) or copies may be requested by writing: FDDC Standards, providing for Site Development Criteria; and at 124 Marriott Drive, Suite 201, Tallahassee, FL 32301, or amending Chapter 10, Definitions, providing for definitions to calling (850)488-4180 or Toll Free 1(800)580-7801 or TDD address a new use know as Agritourism. Toll Free 1(888)488-8633. 4. Proposed Ordinance No. 11-008 amends Section 222.D The deadline for submitting written questions and letters of of the Polk County Land Development Code to allow general intent for this RFP is August 22, 2011 by 4:00 p.m. (EDT). farming and animal grazing uses in all land use categories; Letters of intent are encouraged but not mandatory. Letters of amends Chapter 2 of the Land Development Code to include Intent will only be accepted by fax, mail, or hand delivery. Section 229 Agritourism identifying the criteria, level of Letters of Intent by email will not be accepted. All answers to review and associated regulations for the development of written questions will be posted on the FDDC website during Agritourism uses; and amends Chapters 7 and 10 to include the week of September 5, 2011. The deadline for submitting parking and buffering regulations as well as definitions for proposals for this RFP to FDDC is September 29, 2011 by 2:00 Agritourism. p.m. (EDT).

Section XII - Miscellaneous 2301 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

CONCLUSIONS OF LAW NOTICE OF ADMINISTRATIVE RIGHTS 5. The Department is required to approve or reject land ANY PERSON WHOSE SUBSTANTIAL INTERESTS development regulations that are enacted, amended or ARE AFFECTED BY THIS ORDER HAS THE rescinded by any local government in the Green Swamp Area OPPORTUNITY FOR AN ADMINISTRATIVE of Critical State Concern. §§ 380.05(6) and (11), Fla. Stat. PROCEEDING PURSUANT TO SECTION 120.569, (2010). FLORIDA STATUTES, REGARDING THE AGENCY’S 6. Polk County is a local government within the Green ACTION. DEPENDING UPON WHETHER YOU ALLEGE Swamp Area of Critical State Concern. § 380.0551, Fla. Stat. ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR (2010) and Rule Chapter 28-26, Fla. Admin. Code. PETITION REQUESTING AN ADMINISTRATIVE 7. “Land development regulations” include local zoning, PROCEEDING, YOU ARE ENTITLED TO EITHER AN subdivision, building and other regulations controlling the INFORMAL PROCEEDING OR A FORMAL HEARING. development of land. § 380.031(8), Florida Statutes (2010). IF YOUR PETITION FOR HEARING DOES NOT The regulations adopted by the Ordinances are land ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT development regulations. CONTAINED IN THE DEPARTMENT’S ACTION, THEN 8. All land development regulations enacted, amended or THE ADMINISTRATIVE PROCEEDING WILL BE AN rescinded within an area of critical state concern must be INFORMAL ONE, CONDUCTED PURSUANT TO consistent with the principles for guiding development for that SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, area. § 380.05(6), Fla. Stat.; see Rathkamp v. Department of AND CHAPTER 28-106, PARTS I AND III, FLORIDA Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff’d, ADMINISTRATIVE CODE. IN AN INFORMAL 740 So. 2d 1209 (Fla. 3d DCA 1999). The principles for ADMINISTRATIVE PROCEEDING, YOU MAY BE guiding development in the Green Swamp Area of Critical REPRESENTED BY COUNSEL OR BY A QUALIFIED State Concern are set forth in Rule 28-26.003, Florida REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN Administrative Code. (“Principles”). OR ORAL EVIDENCE IN OPPOSITION TO THE 9. Ordinance No. 11-008 furthers Principles for Guiding DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR Development, paragraphs 28-26.003(1)(a) and (b), Florida YOU MAY EXERCISE THE OPTION TO PRESENT A Administrative Code. WRITTEN STATEMENT CHALLENGING THE GROUNDS (a) Minimize the adverse impacts of development on UPON WHICH THE DEPARTMENT HAS CHOSEN TO resources of the Floridan Aquifer, wetlands, and JUSTIFY ITS ACTION OR INACTION. flood-detention areas. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT (b) Protect the normal quantity, quality and flow of ground STATED IN THE AGENCY ACTION, THEN YOU MAY water and surface water which are necessary for the protection FILE A PETITION REQUESTING A FORMAL of resources of state and regional concern. ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF 10. Ordinance No. 11-008 is consistent with the Principles ADMINISTRATIVE HEARINGS, PURSUANT TO for Guiding Development as a whole and is not inconsistent SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, with any Principle. AND CHAPTER 28-106, PARTS I AND II, FLORIDA 11. Ordinance No. 11-008 is consistent with the Polk ADMINISTRATIVE CODE. AT A FORMAL County Comprehensive Plan and furthers Future Land Use ADMINISTRATIVE HEARING, YOU MAY BE Policies 2.132-D4 and 2.132-E19. REPRESENTED BY COUNSEL OR OTHER QUALIFIED WHEREFORE, IT IS ORDERED that Ordinance No. REPRESENTATIVE, AND YOU WILL HAVE THE 11-008 is found to be consistent with the Principles for Guiding OPPORTUNITY TO PRESENT EVIDENCE AND Development of the Green Swamp Area of Critical State ARGUMENT ON ALL THE ISSUES INVOLVED, TO Concern, and is hereby APPROVED. CONDUCT CROSS-EXAMINATION AND SUBMIT This Order becomes effective 21 days after publication in REBUTTAL EVIDENCE, TO SUBMIT PROPOSED the Florida Administrative Weekly unless a petition is filed as FINDINGS OF FACT AND ORDERS, AND TO FILE described below. EXCEPTIONS TO ANY RECOMMENDED ORDER. DONE AND ORDERED in Tallahassee, Florida. IF YOU DESIRE EITHER AN INFORMAL ______PROCEEDING OR A FORMAL HEARING, YOU MUST J. Thomas Beck, AICP FILE WITH THE AGENCY CLERK OF THE Director, Division of Community Planning DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN Department of Community Affairs PLEADING ENTITLED, “PETITION FOR 2555 Shumard Oak Boulevard ADMINISTRATIVE PROCEEDINGS” WITHIN 21 Tallahassee, Florida 32399-2100 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE.

2302 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

A PETITION IS FILED WHEN IT IS RECEIVED BY THE DCA Final Order No.: DCA11-OR-146 AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF In re: MONROE COUNTY LAND GENERAL COUNSEL, 2555 SHUMARD OAK DEVELOPMENT REGULATIONS BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. ADOPTED BY MONROE COUNTY THE PETITION MUST MEET THE FILING ORDINANCE NO. 005-2011 REQUIREMENTS IN SUBSECTION 28-106.104(2), ______/ FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL FINAL ORDER PROCEEDING IS REQUESTED, THEN THE PETITION The Department of Community Affairs (the SHALL BE SUBMITTED IN ACCORDANCE WITH “Department”) hereby issues its Final Order, pursuant to §§ SUBSECTION 28-106.301, FLORIDA ADMINISTRATIVE 380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes CODE. IF A FORMAL HEARING IS REQUESTED, THEN (2010), approving a land development regulation adopted by a THE PETITION SHALL BE SUBMITTED IN local government within the Florida Keys Area of Critical ACCORDANCE WITH SUBSECTION 28-106.201(2), State Concern as set forth below. FLORIDA ADMINISTRATIVE CODE. FINDINGS OF FACT A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION 1. The Florida Keys Area is a statutorily designated area of MUST INCLUDE THE INFORMATION REQUIRED BY critical state concern, and Monroe County is a local RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. government within the Florida Keys Area. CHOOSING MEDIATION DOES NOT AFFECT THE 2. On June 8, 2011, the Department received for review RIGHT TO AN ADMINISTRATIVE HEARING. Monroe County Ordinance No. 005-2011 (“Ord. 005-2011”), YOU WAIVE THE RIGHT TO AN INFORMAL adopted by Monroe County on May 4, 2011. ADMINISTRATIVE PROCEEDING OR A FORMAL 3.The purpose of Ord. No. 005-2011 is to amend or ratify HEARING IF YOU DO NOT FILE A PETITION WITH THE the Tier Overlay District Designations for approximately AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION ninety-two parcels competing for building permits in the Rate OF THIS FINAL ORDER. of Growth Ordinance allocation system in accord with the CERTIFICATE OF FILING AND SERVICE Amended Final Order DCA 07-GM-166A issued in DOAH Case No. 06-2449GM. I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated 4. Ord. 005-2011 assigns a tier designation for ninety-two Agency Clerk, and that true and correct copies have been individual parcels, identified by Real Estate Number, which furnished to the persons listed below by the method indicated were previously tierless as a result of Amended Final Order this 22nd day of July, 2011. DCA 07-GM-166A. The ninety-two parcels are currently competing for an allocation in the ROGO system which ______includes criteria for Tier I, Tier III, and Tier IIIA properties. Paula Ford, Agency Clerk CONCLUSIONS OF LAW 5. The Department is required to approve or reject land By U.S. Mail: development regulations that are enacted, amended, or Michael F. Craig, Esq. rescinded by any local government in the Florida Keys Area of Polk County Attorney Critical State Concern. § 380.05(6), Florida Statutes, and § Drawer AT01 380.0552(9), Florida Statutes (2010). P. O. Box 9005 6. Monroe County is a local government within the Florida Bartow, FL 33831 Keys Area of Critical State Concern. § 380.0552, Florida Statutes (2010) and Rule 28-29.002 (superseding Chapter Thomas Deardorff, Director 27F-8), Florida Administrative Code. Growth Management Department 7. “Land development regulations” include local zoning, P. O. Box 9005, Drawer GM03 subdivision, building, and other regulations controlling the Bartow, FL 33831 development of land. § 380.031(8), Florida Statutes (2010). The regulations adopted by Ord. 005-2011 are land development regulations. Edwin V. Smith, Chairman 8. All land development regulations enacted, amended, or Board of County Commissioners rescinded within an area of critical state concern must be P. O. 9005, Drawer BC01 consistent with the Principles for Guiding Development (the Bartow, FL 33831 “Principles”) as set forth in § 380.0552(7), Florida Statutes. See Rathkamp v. Department of Community Affairs, 21

Section XII - Miscellaneous 2303 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL DCA 1999). The Principles are construed as a whole and no FACT IN YOUR PETITION REQUESTING AN specific provision is construed or applied in isolation from the ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED other provisions. TO EITHER AN INFORMAL PROCEEDING OR A 9. Ord. 005-2011 promotes and furthers the following FORMAL HEARING. Principles: IF YOUR PETITION FOR HEARING DOES NOT (b) To protect shoreline and marine resources, including ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT mangroves, coral reef formations, seagrass beds, wetlands, fish CONTAINED IN THE DEPARTMENT’S ACTION, THEN and wildlife and their habitat. THE ADMINISTRATIVE PROCEEDING WILL BE AN (c) To protect upland resources, tropical biological INFORMAL ONE, CONDUCTED PURSUANT TO communities, freshwater wetlands, native tropical vegetation SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, (for example, hardwood hammocks and pinelands), dune AND CHAPTER 28-106, PARTS I AND III, FLORIDA ridges and beaches, wildlife, and their habitat. ADMINISTRATIVE CODE. IN AN INFORMAL (e) To limit the adverse impacts of development on the ADMINISTRATIVE PROCEEDING, YOU MAY BE quality of water throughout the Florida Keys. REPRESENTED BY COUNSEL OR BY A QUALIFIED (f) To enhance natural scenic resources, promoting the REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN aesthetic benefits of the natural environment, and ensuring that OR ORAL EVIDENCE IN OPPOSITION TO THE development is compatible with the unique historic character DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR of the Florida Keys. YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS (j) To ensure the improvement of nearshore water quality UPON WHICH THE DEPARTMENT HAS CHOSEN TO by requiring the construction and operation of wastewater JUSTIFY ITS ACTION OR INACTION. management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), Florida Statutes, as IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT applicable, and by directing growth to areas served by central STATED IN THE AGENCY ACTION, THEN YOU MAY wastewater treatment facilities through permit allocation FILE A PETITION REQUESTING A FORMAL systems. ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF (n) To protect the public health, safety, and welfare of the ADMINISTRATIVE HEARINGS, PURSUANT TO citizens of the Florida Keys and maintaining the Florida Keys SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, as a unique Florida resource. AND CHAPTER 28-106, PARTS I AND II, FLORIDA 10. Ord. 005-2011 is consistent with the Principles for ADMINISTRATIVE CODE. AT A FORMAL Guiding Development as a whole. ADMINISTRATIVE HEARING, YOU MAY BE 11. Ord. 005-2011 furthers Monroe County REPRESENTED BY COUNSEL OR OTHER QUALIFIED Comprehensive Plan Policy 105.2.1 and Policy 105.2.2. REPRESENTATIVE, AND YOU WILL HAVE THE WHEREFORE, IT IS ORDERED that Ord. 005-2011 is OPPORTUNITY TO PRESENT EVIDENCE AND found to be consistent with the Principles for Guiding ARGUMENT ON ALL THE ISSUES INVOLVED, TO Development of the Florida Keys Area of Critical State CONDUCT CROSS-EXAMINATION AND SUBMIT Concern, and is hereby APPROVED. REBUTTAL EVIDENCE, TO SUBMIT PROPOSED This Order becomes effective 21 days after publication in FINDINGS OF FACT AND ORDERS, AND TO FILE the Florida Administrative Weekly unless a petition is filed as EXCEPTIONS TO ANY RECOMMENDED ORDER. described below. IF YOU DESIRE EITHER AN INFORMAL DONE AND ORDERED in Tallahassee, Florida. PROCEEDING OR A FORMAL HEARING, YOU MUST ______FILE WITH THE AGENCY CLERK OF THE J. Thomas Beck, AICP DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN Director, Division of Community Planning PLEADING ENTITLED, “PETITION FOR Department of Community Affairs ADMINISTRATIVE PROCEEDINGS” WITHIN 21 2555 Shumard Oak Boulevard CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. Tallahassee, Florida 32399-2100 A PETITION IS FILED WHEN IT IS RECEIVED BY THE NOTICE OF ADMINISTRATIVE RIGHTS AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK ANY PERSON WHOSE SUBSTANTIAL INTERESTS BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION. DEPENDING UPON WHETHER

2304 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

THE PETITION MUST MEET THE FILING DCA Final Order No.: DCA11-OR-147 REQUIREMENTS IN SUBSECTION 28-106.104(2), In re: MONROE COUNTY LAND FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL DEVELOPMENT REGULATIONS PROCEEDING IS REQUESTED, THEN THE PETITION ADOPTED BY MONROE COUNTY SHALL BE SUBMITTED IN ACCORDANCE WITH RULE ORDINANCE NO. 006-2011 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A ______/ FORMAL HEARING IS REQUESTED, THEN THE FINAL ORDER PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH SUBSECTION 28-106.201(2), FLORIDA The Department of Community Affairs (the ADMINISTRATIVE CODE. “Department”) hereby issues its Final Order, pursuant to §§ 380.05(6), Florida Statutes, and § 380.0552(9), Florida A PERSON WHO HAS FILED A PETITION MAY Statutes (2010), approving a land development regulation REQUEST MEDIATION. A REQUEST FOR MEDIATION adopted by a local government within the Florida Keys Area of MUST INCLUDE THE INFORMATION REQUIRED BY Critical State Concern as set forth below. RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE FINDINGS OF FACT RIGHT TO AN ADMINISTRATIVE HEARING. 1. The Florida Keys Area is a statutorily designated area of YOU WAIVE THE RIGHT TO AN INFORMAL critical state concern, and Monroe County is a local ADMINISTRATIVE PROCEEDING OR A FORMAL government within the Florida Keys Area. HEARING IF YOU DO NOT FILE A PETITION WITH THE 2. On June 8, 2011, the Department received for review AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION Monroe County Ordinance No. 006-2011 (“Ord. 006-2011”), OF THIS FINAL ORDER. adopted by Monroe County on May 4, 2011. CERTIFICATE OF FILING AND SERVICE 3. The purpose of Ord. No. 006-2011 is to assign Tier I HEREBY CERTIFY that the original of the foregoing Overlay District Designations for approximately one Final Order has been filed with the undersigned designated hundred-ten parcels determined to have no Tier on the Tier Agency Clerk, and that true and correct copies have been Overlay District Map for Monroe County in accord with the furnished to the persons listed below by the method indicated Amended Final Order DCA 07-GM-166A issued in DOAH this 27th day of July, 2011. Case No. 06-2449GM. ______4. Ord. 006-2011 assigns a tier designation for approximately one hundred-ten individual parcels, identified Paula Ford, Agency Clerk by Real Estate Number, which were previously tierless as a By U.S. Mail: result of Amended Final Order DCA 07-GM-166A. The one Honorable Heather Carruthers hundred-ten parcels have been the subject of award of an Mayor of Monroe County allocation in the Rate of Growth system which includes criteria 2798 Overseas Highway, Suite 400 for Tier I, Tier III, and Tier IIIA properties, or have been issued Marathon, Florida 33050 building permits. CONCLUSIONS OF LAW Danny L. Kolhage 5. The Department is required to approve or reject land Clerk to the Board of County Commissioners development regulations that are enacted, amended, or 500 Whitehead Street rescinded by any local government in the Florida Keys Area of Key West, Florida 33040 Critical State Concern. § 380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes (2010). Christine Hurley 6. Monroe County is a local government within the Florida Growth Management Director Keys Area of Critical State Concern. § 380.0552, Florida Statutes (2010) and Rule 28-29.002 (superseding Chapter 2798 Overseas Highway, Suite 400 27F-8), Florida Administrative Code. Marathon, Florida 33050

Section XII - Miscellaneous 2305 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

7. “Land development regulations” include local zoning, DONE AND ORDERED in Tallahassee, Florida. subdivision, building, and other regulations controlling the ______development of land. § 380.031(8), Florida Statutes (2010). J. Thomas Beck, AICP The regulations adopted by Ord. 006-2011 are land Director, Division of Community Planning development regulations. Department of Community Affairs 8. All land development regulations enacted, amended, or 2555 Shumard Oak Boulevard rescinded within an area of critical state concern must be Tallahassee, Florida 32399-2100 consistent with the Principles for Guiding Development (the NOTICE OF ADMINISTRATIVE RIGHTS “Principles”) as set forth in § 380.0552(7), Florida Statutes. ANY PERSON WHOSE SUBSTANTIAL INTERESTS See Rathkamp v. Department of Community Affairs, 21 ARE AFFECTED BY THIS ORDER HAS THE F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d OPPORTUNITY FOR AN ADMINISTRATIVE DCA 1999). The Principles are construed as a whole and no PROCEEDING ACTION. DEPENDING UPON WHETHER specific provision is construed or applied in isolation from the YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL other provisions. FACT IN YOUR PETITION REQUESTING AN 9. Ord. 006-2011 promotes and furthers the following ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED Principles: TO EITHER AN INFORMAL PROCEEDING OR A (b) To protect shoreline and marine resources, including FORMAL HEARING. mangroves, coral reef formations, seagrass beds, wetlands, fish IF YOUR PETITION FOR HEARING DOES NOT and wildlife and their habitat. ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT (c) To protect upland resources, tropical biological CONTAINED IN THE DEPARTMENT’S ACTION, THEN communities, freshwater wetlands, native tropical vegetation THE ADMINISTRATIVE PROCEEDING WILL BE AN (for example, hardwood hammocks and pinelands), dune INFORMAL ONE, CONDUCTED PURSUANT TO ridges and beaches, wildlife, and their habitat. SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, (e) To limit the adverse impacts of development on the AND CHAPTER 28-106, PARTS I AND III, FLORIDA quality of water throughout the Florida Keys. ADMINISTRATIVE CODE. IN AN INFORMAL (f) To enhance natural scenic resources, promoting the ADMINISTRATIVE PROCEEDING, YOU MAY BE aesthetic benefits of the natural environment, and ensuring that REPRESENTED BY COUNSEL OR BY A QUALIFIED development is compatible with the unique historic character REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN of the Florida Keys. OR ORAL EVIDENCE IN OPPOSITION TO THE (j) To ensure the improvement of nearshore water quality DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR by requiring the construction and operation of wastewater YOU MAY EXERCISE THE OPTION TO PRESENT A management facilities that meet the requirements of WRITTEN STATEMENT CHALLENGING THE GROUNDS §§ 381.0065(4)(l) and 403.086(10), Florida Statutes, as UPON WHICH THE DEPARTMENT HAS CHOSEN TO applicable, and by directing growth to areas served by central JUSTIFY ITS ACTION OR INACTION. wastewater treatment facilities through permit allocation IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT systems. STATED IN THE AGENCY ACTION, THEN YOU MAY (n) To protect the public health, safety, and welfare of the FILE A PETITION REQUESTING A FORMAL citizens of the Florida Keys and maintaining the Florida Keys ADMINISTRATIVE HEARING BEFORE AN as a unique Florida resource. ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF 10. Ord. 006-2011 is consistent with the Principles for ADMINISTRATIVE HEARINGS, PURSUANT TO Guiding Development as a whole. SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, 11. Ord. 006-2011 furthers Monroe County AND CHAPTER 28-106, PARTS I AND II, FLORIDA Comprehensive Plan Policy 105.2.1 and Policy 105.2.2. ADMINISTRATIVE CODE. AT A FORMAL WHEREFORE, IT IS ORDERED that Ord. 006-2011 is ADMINISTRATIVE HEARING, YOU MAY BE found to be consistent with the Principles for Guiding REPRESENTED BY COUNSEL OR OTHER QUALIFIED Development of the Florida Keys Area of Critical State REPRESENTATIVE, AND YOU WILL HAVE THE Concern, and is hereby APPROVED. OPPORTUNITY TO PRESENT EVIDENCE AND This Order becomes effective 21 days after publication in ARGUMENT ON ALL THE ISSUES INVOLVED, TO the Florida Administrative Weekly unless a petition is filed as CONDUCT CROSS-EXAMINATION AND SUBMIT described below.

2306 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

REBUTTAL EVIDENCE, TO SUBMIT PROPOSED Danny L. Kolhage FINDINGS OF FACT AND ORDERS, AND TO FILE Clerk to the Board of County Commissioners EXCEPTIONS TO ANY RECOMMENDED ORDER. 500 Whitehead Street IF YOU DESIRE EITHER AN INFORMAL Key West, Florida 33040 PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE Christine Hurley DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN Growth Management Director PLEADING ENTITLED, “PETITION FOR 2798 Overseas Highway, Suite 400 ADMINISTRATIVE PROCEEDINGS” WITHIN 21 Marathon, Florida 33050 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF DCA Final Order No.: DCA11-OR-148 GENERAL COUNSEL, 2555 SHUMARD OAK In re: MONROE COUNTY LAND BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. DEVELOPMENT REGULATIONS THE PETITION MUST MEET THE FILING ADOPTED BY MONROE COUNTY REQUIREMENTS IN SUBSECTION 28-106.104(2), ORDINANCE NO. 007-2011 FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL ______/ PROCEEDING IS REQUESTED, THEN THE PETITION FINAL ORDER SHALL BE SUBMITTED IN ACCORDANCE WITH RULE The Department of Community Affairs (the 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A “Department”) hereby issues its Final Order, pursuant to §§ FORMAL HEARING IS REQUESTED, THEN THE 380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes PETITION SHALL BE SUBMITTED IN ACCORDANCE (2010), approving a land development regulation adopted by a WITH SUBSECTION 28-106.201(2), FLORIDA local government within the Florida Keys Area of Critical ADMINISTRATIVE CODE. State Concern as set forth below. A PERSON WHO HAS FILED A PETITION MAY FINDINGS OF FACT REQUEST MEDIATION. A REQUEST FOR MEDIATION 1. The Florida Keys Area is a statutorily designated area of MUST INCLUDE THE INFORMATION REQUIRED BY critical state concern, and Monroe County is a local RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. government within the Florida Keys Area. CHOOSING MEDIATION DOES NOT AFFECT THE 2. On June 8, 2011, the Department received for review RIGHT TO AN ADMINISTRATIVE HEARING. Monroe County Ordinance No. 007-2011 (“Ord. 007-2011”), YOU WAIVE THE RIGHT TO AN INFORMAL adopted by Monroe County on May 4, 2011. ADMINISTRATIVE PROCEEDING OR A FORMAL 3.The purpose of Ord. No. 007-2011 is to assign Tier HEARING IF YOU DO NOT FILE A PETITION WITH THE Overlay District Designations for approximately two thousand AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION eight hundred ninety-one parcels determined to have no Tier on OF THIS FINAL ORDER. the Tier Overlay District Map for Monroe County in accord CERTIFICATE OF FILING AND SERVICE with the Amended Final Order DCA 07-GM-166A issued in I HEREBY CERTIFY that the original of the foregoing DOAH Case No. 06-2449GM. Final Order has been filed with the undersigned designated 4. Ord. 007-2011 assigns a tier designation for Agency Clerk, and that true and correct copies have been approximately two thousand eight hundred ninety-one furnished to the persons listed below by the method indicated individual parcels, identified by Real Estate Number, which this 27th day of July, 2011. were previously tierless as a result of Amended Final Order ______DCA 07-GM-166A. The two thousand eight hundred Paula Ford, Agency Clerk ninety-one parcels are not currently competing in the Rate of By U.S. Mail: Growth system which includes criteria for Tier I, Tier III, and Honorable Heather Carruthers Tier IIIA properties, or have not applied for permits. Mayor of Monroe County 2798 Overseas Highway, Suite 400 Marathon, Florida 33050

Section XII - Miscellaneous 2307 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

CONCLUSIONS OF LAW WHEREFORE, IT IS ORDERED that Ord. 007-2011 is 5. The Department is required to approve or reject land found to be consistent with the Principles for Guiding development regulations that are enacted, amended, or Development of the Florida Keys Area of Critical State rescinded by any local government in the Florida Keys Area of Concern, and is hereby APPROVED. Critical State Concern. § 380.05(6), Florida Statutes, and This Order becomes effective 21 days after publication in § 380.0552(9), Florida Statutes (2010). the Florida Administrative Weekly unless a petition is filed as 6. Monroe County is a local government within the Florida described below. Keys Area of Critical State Concern. § 380.0552, Florida DONE AND ORDERED in Tallahassee, Florida. Statutes (2010) and Rule 28-29.002 (superseding Chapter ______27F-8), Florida Administrative Code. J. Thomas Beck, AICP 7. “Land development regulations” include local zoning, Director, Division of Community Planning subdivision, building, and other regulations controlling the Department of Community Affairs development of land. § 380.031(8), Florida Statutes (2010). 2555 Shumard Oak Boulevard The regulations adopted by Ord. 007-2011 are land Tallahassee, Florida 32399-2100 development regulations. NOTICE OF ADMINISTRATIVE RIGHTS 8. All land development regulations enacted, amended, or ANY PERSON WHOSE SUBSTANTIAL INTERESTS rescinded within an area of critical state concern must be ARE AFFECTED BY THIS ORDER HAS THE consistent with the Principles for Guiding Development (the OPPORTUNITY FOR AN ADMINISTRATIVE “Principles”) as set forth in § 380.0552(7), Florida Statutes. PROCEEDING ACTION. DEPENDING UPON WHETHER See Rathkamp v. Department of Community Affairs, 21 YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d FACT IN YOUR PETITION REQUESTING AN DCA 1999). The Principles are construed as a whole and no ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED specific provision is construed or applied in isolation from the TO EITHER AN INFORMAL PROCEEDING OR A other provisions. FORMAL HEARING. 9. Ord. 007-2011 promotes and furthers the following IF YOUR PETITION FOR HEARING DOES NOT Principles: ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT (b) To protect shoreline and marine resources, including CONTAINED IN THE DEPARTMENT’S ACTION, THEN mangroves, coral reef formations, seagrass beds, wetlands, fish THE ADMINISTRATIVE PROCEEDING WILL BE AN and wildlife and their habitat. INFORMAL ONE, CONDUCTED PURSUANT TO (c) To protect upland resources, tropical biological SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, communities, freshwater wetlands, native tropical vegetation AND CHAPTER 28-106, PARTS I AND III, FLORIDA (for example, hardwood hammocks and pinelands), dune ADMINISTRATIVE CODE. IN AN INFORMAL ridges and beaches, wildlife, and their habitat. ADMINISTRATIVE PROCEEDING, YOU MAY BE (e) To limit the adverse impacts of development on the REPRESENTED BY COUNSEL OR BY A QUALIFIED quality of water throughout the Florida Keys. REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN (f) To enhance natural scenic resources, promoting the OR ORAL EVIDENCE IN OPPOSITION TO THE aesthetic benefits of the natural environment, and ensuring that DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR development is compatible with the unique historic character YOU MAY EXERCISE THE OPTION TO PRESENT A of the Florida Keys. WRITTEN STATEMENT CHALLENGING THE GROUNDS (j) To ensure the improvement of nearshore water quality UPON WHICH THE DEPARTMENT HAS CHOSEN TO by requiring the construction and operation of wastewater JUSTIFY ITS ACTION OR INACTION. management facilities that meet the requirements of IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT §§ 381.0065(4)(l) and 403.086(10), Florida Statutes, as STATED IN THE AGENCY ACTION, THEN YOU MAY applicable, and by directing growth to areas served by central FILE A PETITION REQUESTING A FORMAL wastewater treatment facilities through permit allocation ADMINISTRATIVE HEARING BEFORE AN systems. ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF (n) To protect the public health, safety, and welfare of the ADMINISTRATIVE HEARINGS, PURSUANT TO citizens of the Florida Keys and maintaining the Florida Keys SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, as a unique Florida resource. AND CHAPTER 28-106, PARTS I AND II, FLORIDA 10. Ord. 007-2011 is consistent with the Principles for ADMINISTRATIVE CODE. AT A FORMAL Guiding Development as a whole. ADMINISTRATIVE HEARING, YOU MAY BE 11. Ord. 007-2011 furthers Monroe County REPRESENTED BY COUNSEL OR OTHER QUALIFIED Comprehensive Plan Policy 105.2.1 and Policy 105.2.2. REPRESENTATIVE, AND YOU WILL HAVE THE

2308 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

OPPORTUNITY TO PRESENT EVIDENCE AND Danny L. Kolhage ARGUMENT ON ALL THE ISSUES INVOLVED, TO Clerk to the Board of County Commissioners CONDUCT CROSS-EXAMINATION AND SUBMIT 500 Whitehead Street REBUTTAL EVIDENCE, TO SUBMIT PROPOSED Key West, Florida 33040 FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. Christine Hurley IF YOU DESIRE EITHER AN INFORMAL Growth Management Director PROCEEDING OR A FORMAL HEARING, YOU MUST 2798 Overseas Highway, Suite 400 FILE WITH THE AGENCY CLERK OF THE Marathon, Florida 33050 DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, “PETITION FOR ADMINISTRATIVE PROCEEDINGS” WITHIN 21 DCA Final Order No.: DCA11-OR-149 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. In re: MONROE COUNTY LAND A PETITION IS FILED WHEN IT IS RECEIVED BY THE DEVELOPMENT REGULATIONS AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF ADOPTED BY MONROE COUNTY GENERAL COUNSEL, 2555 SHUMARD OAK ORDINANCE NO. 008-2011 BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. ______/ THE PETITION MUST MEET THE FILING FINAL ORDER REQUIREMENTS IN SUBSECTION 28-106.104(2), The Department of Community Affairs (the FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL “Department”) hereby issues its Final Order, pursuant to PROCEEDING IS REQUESTED, THEN THE PETITION §§ 380.05(6), Florida Statutes, and § 380.0552(9), Florida SHALL BE SUBMITTED IN ACCORDANCE WITH RULE Statutes (2010), approving a land development regulation 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A adopted by a local government within the Florida Keys Area of FORMAL HEARING IS REQUESTED, THEN THE Critical State Concern as set forth below. PETITION SHALL BE SUBMITTED IN ACCORDANCE FINDINGS OF FACT WITH SUBSECTION 28-106.201(2), FLORIDA 1. The Florida Keys Area is a statutorily designated area of ADMINISTRATIVE CODE. critical state concern, and Monroe County is a local A PERSON WHO HAS FILED A PETITION MAY government within the Florida Keys Area. REQUEST MEDIATION. A REQUEST FOR MEDIATION 2. On June 8, 2011, the Department received for review MUST INCLUDE THE INFORMATION REQUIRED BY Monroe County Ordinance No. 008-2011 (“Ord. 008-2011”), RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. adopted by Monroe County on May 4, 2011. CHOOSING MEDIATION DOES NOT AFFECT THE 3.The purpose of Ord. No. 008-2011 is to amend or ratify RIGHT TO AN ADMINISTRATIVE HEARING. the Tier Overlay District Designations for approximately three YOU WAIVE THE RIGHT TO AN INFORMAL hundred-one parcels determined to have a Tier on the Tier ADMINISTRATIVE PROCEEDING OR A FORMAL Overlay District Map for Monroe County in accord with the HEARING IF YOU DO NOT FILE A PETITION WITH THE Amended Final Order DCA 07-GM-166A issued in DOAH AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION Case No. 06-2449GM. OF THIS FINAL ORDER. 4. Ord. 008-2011 assigns a tier designation for CERTIFICATE OF FILING AND SERVICE approximately three hundred-one individual parcels, identified I HEREBY CERTIFY that the original of the foregoing by Real Estate Number, which were previously assigned a tier Final Order has been filed with the undersigned designated as a result of Amended Final Order DCA 07-GM-166A. The Agency Clerk, and that true and correct copies have been three hundred-one parcels were proposed for reconsideration furnished to the persons listed below by the method indicated of the Tier designation by the Board of County this 27th day of July, 2011. Commissioners, Staff or Property Owners and are currently ______competing in the Rate of Growth system which includes Paula Ford, Agency Clerk criteria for Tier I, Tier III, and Tier IIIA properties. By U.S. Mail: CONCLUSIONS OF LAW Honorable Heather Carruthers 5. The Department is required to approve or reject land Mayor of Monroe County development regulations that are enacted, amended, or 2798 Overseas Highway, Suite 400 rescinded by any local government in the Florida Keys Area of Marathon, Florida 33050 Critical State Concern. § 380.05(6), Florida Statutes, and § 380.0552(9), Florida Statutes (2010).

Section XII - Miscellaneous 2309 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

6. Monroe County is a local government within the Florida This Order becomes effective 21 days after publication in Keys Area of Critical State Concern. § 380.0552, Florida the Florida Administrative Weekly unless a petition is filed as Statutes (2010) and Rule 28-29.002 (superseding Chapter described below. 27F-8), Florida Administrative Code. DONE AND ORDERED in Tallahassee, Florida. 7. “Land development regulations” include local zoning, ______subdivision, building, and other regulations controlling the J. Thomas Beck, AICP development of land. § 380.031(8), Florida Statutes (2010). Director, Division of Community Planning The regulations adopted by Ord. 008-2011 are land Department of Community Affairs development regulations. 2555 Shumard Oak Boulevard 8. All land development regulations enacted, amended, or Tallahassee, Florida 32399-2100 rescinded within an area of critical state concern must be NOTICE OF ADMINISTRATIVE RIGHTS consistent with the Principles for Guiding Development (the ANY PERSON WHOSE SUBSTANTIAL INTERESTS “Principles”) as set forth in § 380.0552(7), Florida Statutes. ARE AFFECTED BY THIS ORDER HAS THE See Rathkamp v. Department of Community Affairs, 21 OPPORTUNITY FOR AN ADMINISTRATIVE F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d PROCEEDING ACTION. DEPENDING UPON WHETHER DCA 1999). The Principles are construed as a whole and no YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL specific provision is construed or applied in isolation from the FACT IN YOUR PETITION REQUESTING AN other provisions. ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED 9. Ord. 008-2011 promotes and furthers the following TO EITHER AN INFORMAL PROCEEDING OR A Principles: FORMAL HEARING. (b) To protect shoreline and marine resources, including IF YOUR PETITION FOR HEARING DOES NOT mangroves, coral reef formations, seagrass beds, wetlands, fish ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT and wildlife and their habitat. CONTAINED IN THE DEPARTMENT’S ACTION, THEN (c) To protect upland resources, tropical biological THE ADMINISTRATIVE PROCEEDING WILL BE AN communities, freshwater wetlands, native tropical vegetation INFORMAL ONE, CONDUCTED PURSUANT TO (for example, hardwood hammocks and pinelands), dune SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, ridges and beaches, wildlife, and their habitat. AND CHAPTER 28-106, PARTS I AND III, FLORIDA (e) To limit the adverse impacts of development on the ADMINISTRATIVE CODE. IN AN INFORMAL quality of water throughout the Florida Keys. ADMINISTRATIVE PROCEEDING, YOU MAY BE (f) To enhance natural scenic resources, promoting the REPRESENTED BY COUNSEL OR BY A QUALIFIED aesthetic benefits of the natural environment, and ensuring that REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN development is compatible with the unique historic character OR ORAL EVIDENCE IN OPPOSITION TO THE of the Florida Keys. DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR (j) To ensure the improvement of nearshore water quality YOU MAY EXERCISE THE OPTION TO PRESENT A by requiring the construction and operation of wastewater WRITTEN STATEMENT CHALLENGING THE GROUNDS management facilities that meet the requirements of UPON WHICH THE DEPARTMENT HAS CHOSEN TO §§ 381.0065(4)(l), and 403.086(10), Florida Statutes, as JUSTIFY ITS ACTION OR INACTION. applicable, and by directing growth to areas served by central IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT wastewater treatment facilities through permit allocation STATED IN THE AGENCY ACTION, THEN YOU MAY systems. FILE A PETITION REQUESTING A FORMAL (n) To protect the public health, safety, and welfare of the ADMINISTRATIVE HEARING BEFORE AN citizens of the Florida Keys and maintaining the Florida Keys ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF as a unique Florida resource. ADMINISTRATIVE HEARINGS, PURSUANT TO 10. Ord. 008-2011 is consistent with the Principles for SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, Guiding Development as a whole. AND CHAPTER 28-106, PARTS I AND II, FLORIDA 11. Ord. 008-2011 furthers Monroe County ADMINISTRATIVE CODE. AT A FORMAL Comprehensive Plan Policy 105.2.1 and Policy 105.2.2. ADMINISTRATIVE HEARING, YOU MAY BE WHEREFORE, IT IS ORDERED that Ord. 008-2011 is REPRESENTED BY COUNSEL OR OTHER QUALIFIED found to be consistent with the Principles for Guiding REPRESENTATIVE, AND YOU WILL HAVE THE Development of the Florida Keys Area of Critical State OPPORTUNITY TO PRESENT EVIDENCE AND Concern, and is hereby APPROVED. ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT

2310 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

REBUTTAL EVIDENCE, TO SUBMIT PROPOSED Danny L. Kolhage FINDINGS OF FACT AND ORDERS, AND TO FILE Clerk to the Board of County Commissioners EXCEPTIONS TO ANY RECOMMENDED ORDER. 500 Whitehead Street IF YOU DESIRE EITHER AN INFORMAL Key West, Florida 33040 PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE Christine Hurley DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN Growth Management Director PLEADING ENTITLED, “PETITION FOR 2798 Overseas Highway, Suite 400 ADMINISTRATIVE PROCEEDINGS” WITHIN 21 Marathon, Florida 33050 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF DEPARTMENT OF HIGHWAY SAFETY AND MOTOR GENERAL COUNSEL, 2555 SHUMARD OAK VEHICLES BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. Notice of Publication for a New Point THE PETITION MUST MEET THE FILING Franchise Motor Vehicle Dealer in a County of More REQUIREMENTS IN SUBSECTION 28-106.104(2), than 300,000 Population FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL Pursuant to Section 320.642, Florida Statutes, notice is PROCEEDING IS REQUESTED, THEN THE PETITION given that Polaris Sales, Inc., intends to allow the SHALL BE SUBMITTED IN ACCORDANCE WITH RULE establishment of Arrigo Enterprises, Inc., d/b/a Arrigo Dodge 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A Chrysler Jeep as a dealership for the sale of low-speed vehicles FORMAL HEARING IS REQUESTED, THEN THE manufactured by Global Electric Motorcars (line-make GEM) PETITION SHALL BE SUBMITTED IN ACCORDANCE at 6500 Okeechobee Boulevard, West Palm Beach (Palm WITH SUBSECTION 28-106.201(2), FLORIDA Beach County), Florida 33411, on or after September 4, 2011. ADMINISTRATIVE CODE. The name and address of the dealer operator(s) and A PERSON WHO HAS FILED A PETITION MAY principal investor(s) of Arrigo Enterprises, Inc., d/b/a Arrigo REQUEST MEDIATION. A REQUEST FOR MEDIATION Dodge Chrysler Jeep are dealer operator(s): James J. Arrigo, MUST INCLUDE THE INFORMATION REQUIRED BY 2671 Dakota Circle, West Palm Beach, Florida 33409; RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. principal investor(s): James J. Arrigo, 2671 Dakota Circle, CHOOSING MEDIATION DOES NOT AFFECT THE West Palm Beach, Florida 33409 and John J. Arrigo, 2630 RIGHT TO AN ADMINISTRATIVE HEARING. Tecumseh, West Palm Beach, Florida 33409 and Virginia YOU WAIVE THE RIGHT TO AN INFORMAL Arrigo Landeum, 92470 Tecumseh, West Palm Beach, Florida ADMINISTRATIVE PROCEEDING OR A FORMAL 33409. HEARING IF YOU DO NOT FILE A PETITION WITH THE The notice indicates intent to establish the new point AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION location in a county of more than 300,000 population, OF THIS FINAL ORDER. according to the latest population estimates of the University of CERTIFICATE OF FILING AND SERVICE Florida, Bureau of Economic and Business Research. I HEREBY CERTIFY that the original of the foregoing Certain dealerships of the same line-make may have Final Order has been filed with the undersigned designated standing, pursuant to Section 320.642, Florida Statutes, to file Agency Clerk, and that true and correct copies have been a petition or complaint protesting the application. furnished to the persons listed below by the method indicated Written petitions or complaints must be received by the this 27th day of July, 2011. Department of Highway Safety and Motor Vehicles within 30 ______days of the date of publication of this notice and must be Paula Ford, Agency Clerk submitted to: Nalini Vinayak, Administrator, Dealer License By U.S. Mail: Section, Department of Highway Safety and Motor Vehicles, Honorable Heather Carruthers Room A-312, MS #65, Neil Kirkman Building, 2900 Mayor of Monroe County Apalachee Parkway, Tallahassee, Florida 32399-0635. 2798 Overseas Highway, Suite 400 A copy of such petition or complaint must also be sent by Marathon, Florida 33050 U.S. Mail to: Michael W. Malone, Polaris Sales, Inc., 2100 Highway 55, Medina, Minnesota 55340.

Section XII - Miscellaneous 2311 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

If no petitions or complaints are received within 30 days Notice of Publication for a New Point of the date of publication, a final order will be issued by the Franchise Motor Vehicle Dealer in a County of More Department of Highway Safety and Motor Vehicles approving than 300,000 Population the establishment of the dealership, subject to the applicant’s Pursuant to Section 320.642, Florida Statutes, notice is compliance with the provisions of Chapter 320, Florida given that BMW of North America, LLC, intends to allow the Statutes. establishment of Euro Motorsports of NWF, Inc., d/b/a BMW Motorcycles of Pensacola as a dealership for the sale of Notice of Publication for a New Point motorcycles manufactured by BMW (line-make BMW) at Franchise Motor Vehicle Dealer in a County of Less 6258 Northwest Street, Pensacola (Escambia County), Florida than 300,000 Population 32505, on or after September 4, 2011. Pursuant to Section 320.642, Florida Statutes, notice is The name and address of the dealer operator(s) and given that BMW of North America, LLC, intends to allow the principal investor(s) of Euro Motorsports of NWF, Inc., d/b/a establishment of Corsair Powersports of Jacksonville, Inc., BMW Motorcycles of Pensacola are dealer operator(s): d/b/a BMW Motorcycles of Jacksonville as a dealership for the Courtney A. Pereira, 3013 Lake Pointe Circle, Pensacola, sale of motorcycles manufactured by BMW (line-make BMW) Florida 32505; principal investor(s): Courtney A. Pereira, 3013 at 1481 Wells Road, Orange Park (Clay County), Florida Lake Pointe Circle, Pensacola, Florida 32505. 32073, on or after September 4, 2011. The notice indicates intent to establish the new point The name and address of the dealer operator(s) and location in a county of more than 300,000 population, principal investor(s) of Corsair Powersports of Jacksonville, according to the latest population estimates of the University of Inc., d/b/a BMW Motorcycles of Jacksonville are dealer Florida, Bureau of Economic and Business Research. operator(s): Don Passell, 1164 Wyndegate Drive, Orange Park, Certain dealerships of the same line-make may have Florida 32073, principal investor(s): Don Passell, 1164 standing, pursuant to Section 320.642, Florida Statutes, to file Wyndegate Drive, Orange Park, Florida 32073. 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 less than 300,000 population, according Department of Highway Safety and Motor Vehicles within 30 to the latest population estimates of the University of Florida, days of the date of publication of this notice and must be Bureau of Economic and Business Research. submitted to: Nalini Vinayak, Administrator, Dealer License Certain dealerships of the same line-make may have Section, Department of Highway Safety and Motor Vehicles, standing, pursuant to Section 320.642, Florida Statutes, 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: Lou Provato, BMW of North America LLC, 200 days of the date of publication of this notice and must be Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677. 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. the establishment of the dealership, subject to the applicant’s A copy of such petition or complaint must also be sent by compliance with the provisions of Chapter 320, Florida U.S. Mail to: Lou Provato, BMW of North America LLC, 200 Statutes. Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677. If no petitions or complaints are received within 30 days Notice of Publication for a New Point of the date of publication, a final order will be issued by the Franchise Motor Vehicle Dealer in a County of More Department of Highway Safety and Motor Vehicles approving than 300,000 Population the establishment of the dealership, subject to the applicant’s Pursuant to Section 320.642, Florida Statutes, notice is compliance with the provisions of Chapter 320, Florida given that Chrysler Group Carco, LLC, intends to allow the Statutes. establishment of Brandon Auto Mall by Ed Morse, LLC, d/b/a Brandon Auto Mall FIAT as a dealership for the sale of FIAT passenger cars manufactured by Chrysler (line-make FIAT) at 11024 Causeway Boulevard, Brandon (Hillsborough County), Florida 33511, on or after September 4, 2011.

2312 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Brandon Auto Mall by Ed Morse, LLC, standing, pursuant to Section 320.642, Florida Statutes, to file d/b/a Brandon Auto Mall FIAT are dealer operator(s): Edward a petition or complaint protesting the application. J. Morse, Jr., 2850 South Federal Highway, Delray Beach, Written petitions or complaints must be received by the Florida 33483 and Peter Snelling, 11024 Causeway Boulevard, Department of Highway Safety and Motor Vehicles within 30 Brandon, Florida 33511; principal investor(s): Edward J. days of the date of publication of this notice and must be Morse, Jr., 2850 South Federal Highway, Delray Beach, submitted to: Nalini Vinayak, Administrator, Dealer License Florida 33483 and Edward J. Morse, 2850 South Federal Section, Department of Highway Safety and Motor Vehicles, Highway, Delray Beach, Florida 33483. Room A-312, MS #65, Neil Kirkman Building, 2900 The notice indicates intent to establish the new point Apalachee Parkway, Tallahassee, Florida 32399-0635. location in a county of more than 300,000 population, A copy of such petition or complaint must also be sent by according to the latest population estimates of the University of U.S. Mail to: Jim Kolbe, Genuine Scooters, LLC, 5400 North Florida, Bureau of Economic and Business Research. Damen Avenue, Chicago, Illinois 60625. Certain dealerships of the same line-make may have If no petitions or complaints are received within 30 days of standing, pursuant to Section 320.642, Florida Statutes, to file the date of publication, a final order will be issued by the a petition or complaint protesting the application. Department of Highway Safety and Motor Vehicles approving Written petitions or complaints must be received by the the establishment of the dealership, subject to the applicant’s Department of Highway Safety and Motor Vehicles within 30 compliance with the provisions of Chapter 320, Florida days of the date of publication of this notice and must be Statutes. submitted to: Nalini Vinayak, Administrator, Dealer License Section, Department of Highway Safety and Motor Vehicles, Notice of Publication for a New Point Room A-312, MS #65, Neil Kirkman Building, 2900 Franchise Motor Vehicle Dealer in a County of Less Apalachee Parkway, Tallahassee, Florida 32399-0635. than 300,000 Population A copy of such petition or complaint must also be sent by Pursuant to Section 320.642, Florida Statutes, notice is U.S. Mail to: P.R. Langley, Chrysler Group Carco, LLC, 10300 given that Genuine Scooters, LLC, intends to allow the Boggy Creek Road, Orlando, Florida 32824. establishment of Motorcycle Territory, Inc., as a dealership for If no petitions or complaints are received within 30 days the sale of motorcycles manufactured by Motive Power of the date of publication, a final order will be issued by the Industry Co. Ltd. (line-make MOTI) at 3100 Southeast Department of Highway Safety and Motor Vehicles approving Carnivale Court, Stuart (Martin County), Florida 34994, on or the establishment of the dealership, subject to the applicant’s after September 4, 2011. compliance with the provisions of Chapter 320, Florida The name and address of the dealer operator(s) and Statutes. principal investor(s) of Motorcycle Territory, Inc., are dealer operator(s): Dennis Conners, 3100 Southeast Carnivale Court, Notice of Publication for a New Point Stuart, Florida 34994, principal investor(s): Dennis Conners, Franchise Motor Vehicle Dealer in a County of Less 3100 Southeast Carnivale Court, Stuart, Florida 34994. than 300,000 Population The notice indicates intent to establish the new point Pursuant to Section 320.642, Florida Statutes, notice is location in a county of less than 300,000 population, according given that Genuine Scooters, LLC, intends to allow the to the latest population estimates of the University of Florida, establishment of Motorcycle Territory, Inc., as a dealership for Bureau of Economic and Business Research. the sale of motorcycles manufactured by LML Limited Certain dealerships of the same line-make may have (line-make LMLL) at 3100 Southeast Carnivale Court, Stuart standing, pursuant to Section 320.642, Florida Statutes, to file (Martin County), Florida 34994, on or after September 4, 2011. a petition or complaint protesting the application. The name and address of the dealer operator(s) and Written petitions or complaints must be received by the principal investor(s) of Motorcycle Territory, Inc., are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): Dennis Conners, 3100 Southeast Carnivale Court, days of the date of publication of this notice and must be Stuart, Florida 34994, principal investor(s): Dennis Conners, submitted to: Nalini Vinayak, Administrator, Dealer License 3100 Southeast Carnivale Court, Stuart, Florida 34994. Section, Department of Highway Safety and Motor Vehicles, The notice indicates intent to establish the new point Room A-312, MS #65, Neil Kirkman Building, 2900 location in a county of less than 300,000 population, according Apalachee Parkway, Tallahassee, Florida 32399-0635. to the latest population estimates of the University of Florida, A copy of such petition or complaint must also be sent by Bureau of Economic and Business Research. U.S. Mail to: Jim Kolbe, Genuine Scooters, LLC, 5400 North Damen Avenue, Chicago, Illinois 60625.

Section XII - Miscellaneous 2313 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

If no petitions or complaints are received within 30 days of DEPARTMENT OF ENVIRONMENTAL PROTECTION the date of publication, a final order will be issued by the NOTICE OF INTENT TO ISSUE VARIANCE Department of Highway Safety and Motor Vehicles approving the establishment of the dealership, subject to the applicant’s The Department of Environmental Protection compliance with the provisions of Chapter 320, Florida (Department) gives notice of its intent to issue a variance (No. Statutes. 0293270-002-EV-VE) to FFD Land, Co., Inc., Post Office Box 3088, Immokalee, Florida, 34143, under paragraph 403.201(1)(a), Florida Statutes (F.S.), from the provisions of FLORIDA PAROLE COMMISSION subsection 62-302.530(30), Florida Administrative Code Randolph Baggett vs. Florida Parole Commission; Rule No.: (F.A.C.), which provides minimum standards for dissolved 23-21.010. By order dated July 20, 2011, the Commission oxygen levels in the surface waters of the state. This variance denied the Petition to Initiate Rulemaking filed by Inmate will authorize the dissolved oxygen levels in the deeper Baggett finding that the requested proposed change would be portions of a manmade lake to fall below the minimum levels an impermissible extension of the Commission’s statutory set by Rule 62-302.530, F.A.C. The manmade lake is proposed authority. A copy of the Petition and the Commission’s Order to be constructed at a new limestone mine in Lee County. The No. 11-02-AR may be obtained by contacting: Sarah Rumph, proposed construction will require an environmental resource General Counsel, 4070 Esplanade Road, Tallahassee, FL permit which has been assigned a different file number, File 32399-2450. No. 0293270-001, and is not the subject of this intent to issue a variance. DEPARTMENT OF BUSINESS AND PROFESSIONAL The project is located in Sections 26, 34, 35, and 36; REGULATION Township 46 South; Range 26 East as well as Sections 1, 2, 3, 11, and 12; Township 47 South; Range 26 East approximately NOTICE OF QUOTA LIQUOR LICENSE DRAWINGS 8 miles east of Estero, Lee County. After reclamation, the The division will accept Quota License Drawing Entry Forms slopes will be contoured to allow discharge to offsite wetlands for 45 days beginning the third Monday in August. This year and other surface waters during storms less than the 25-year, entry forms will be accepted from August 15, 2011, until 5:00 24-hour storm. The proposed manmade lake will be subject to p.m., on September 28, 201, for the following counties and the water quality standards provided in Rule 62-302.530, amounts: ALACHUA (2)*, CLAY (1)*, COLUMBIA (1)*, F.A.C. DADE (4)*, DUVAL (1)*, ESCAMBIA (1)*, HERNANDO On February 16, 2010, FFD Land Co. Inc., applied to the (1), HILLSBOROUGH (4)*, LAKE (1), LEON (1), Department for a variance from the minimum standards for MANATEE (1), ORANGE (4), PALM BEACH (5)*, PASCO dissolved oxygen authorized by subsection 63-302.530(30), (2), POLK (5), ST. JOHNS (1), ST. LUCIE (1) F.A.C., which requires a minimum level of 5.0 mg/L dissolved *One (1) or more revoked licenses are being re-issued pursuant oxygen in the surface waters of the state. to Section 561.19(2)(a), F.S. Most of the surface waters in the proposed manmade lake The division must receive all entry forms before this deadline. will meet the minimum standards for dissolved oxygen No exceptions. Mail the completed entry form, including proscribed by Rule 62-302.530, F.A.C. However, the deepest payment (check or money order made payable to the division), layer of water in the lake, the hypolimnion layer, may not meet to: DIVISION OF ALCOHOLIC BEVERAGES AND the minimum standards for dissolved oxygen as proscribed by TOBACCO, Attention: Quota License Drawing, 1940 North Rule 62-302.530, F.A.C., and there is no practicable means Monroe Street, Tallahassee, Florida 32399-1021. known or available to achieve the required dissolved oxygen DBPR ABT-6033 is the only entry form that will be accepted levels within the hypolimnion layer of water in the manmade for filing into these drawings. All other entry forms from prior lake. As a result, a variance of the minimum standards of drawings will be denied. All interested persons should contact dissolved oxygen provided in Rule 62-302.530, F.A.C., is the Division’s district office serving their area of interest or necessary for the hypolimnion layer of water in the manmade visit the Division’s Internet website: lake. This was anticipated by the Florida Legislature in http://www.myfloridalicense.com/dbpr/abt to obtain the proper paragraph 373.414(6)(a), F.S., which states that "Where such application form. mining activities otherwise meet the permitting criteria Further information may also be obtained by calling: contained in this section, such activities may be eligible for a (850)488-8284 or writing to Division of Alcoholic Beverages variance from the established water quality standard for and Tobacco, Bureau of Licensing, New Quota License dissolved oxygen within the lower layers of the reclaimed pit.” Drawing, 1940 North Monroe Street, Tallahassee, FL A variance of the minimum standards of dissolved oxygen 32399-1021. provided in Rule 62-302.530, F.A.C., is not expected to result in any on-site or off-site impacts. Therefore, the Department intends to issue a variance pursuant to paragraph

2314 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

403.201(1)(a), F.S., for the dissolved oxygen levels in the If a timely and sufficient petition for an administrative hypolimnion layer of the proposed manmade lake to fall below hearing is filed, other persons whose substantial interests will the minimum levels authorized by Rule 62-302.530, F.A.C. be affected by the outcome of the administrative process have The Department’s file on this matter is available for public the right to petition to intervene in the proceeding. Intervention inspection during normal business hours, 8:00 a.m. to 5:00 will be permitted only at the discretion of the presiding officer p.m., Monday through Friday, except legal holidays, at the upon the filing of a motion in compliance with Rule Department of Environmental Protection, Bureau of Mining 28-106.205, F.A.C. and Minerals Regulation, 2051 East Paul Dirac Drive, In accordance with Section 403.201, F.S., petitions for an Tallahassee, Florida 32310, Telephone: (850)488-8217. administrative hearing by the applicant must be filed within 14 Under this intent to issue, this variance is hereby granted days of receipt of this written notice. Petitions filed by any subject to the applicant’s compliance with any requirement in persons other than the applicant, and other than those entitled this intent to publish notice of this intent in a newspaper of to written notice under subsection 120.60(3), F.S., must be general circulation and to provide proof of such publication in filed within 14 days of publication of the notice or within 14 accordance with Section 50.051, F.S. This action is final and days of receipt of the written notice, whichever occurs first. effective on the date filed with the Clerk of the Department Under subsection 120.60(3), F.S., however, any person who unless a sufficient petition for an administrative hearing is has asked the Department for notice of agency action may file timely filed under Sections 120.569 and 120.57, F.S., as a petition within 14 days of receipt of such notice, regardless of provided below. If a sufficient petition for an administrative the date of publication. hearing is timely filed, this intent to issue automatically The petitioner shall mail a copy of the petition to the becomes only proposed agency action on the application, applicant at the address indicated above at the time of filing. subject to the result of the administrative review process. The failure of any person to file a petition for an administrative Therefore, on the filing of a timely and sufficient petition, this hearing within the appropriate time period shall constitute a action will not be final and effective until further order of the waiver of that person’s right to request an administrative Department. When proof of publication is provided, if required determination (hearing) under Sections 120.569 and 120.57, by this intent, and if a sufficient petition is not timely filed, the F.S. variance will be granted as a ministerial action. Because an A petition that disputes the material facts on which the administrative hearing may result in the reversal or substantial Department’s action is based must contain the following modification of this action, the applicant is advised not to information: (a) the name and address of each agency affected commence construction or other activities until the deadlines and each agency’s file or identification number, if known; (b) noted below for filing a petition for an administrative hearing the name, address, and telephone number of the petitioner; the or request for an extension of time have expired and until the name, address, and telephone number of the petitioner’s variance has been executed and delivered. Mediation is not representative, if any, which shall be the address for service available. purposes during the course of the proceeding; and an A person whose substantial interests are affected by the explanation of how the petitioner’s substantial interests are or Department’s action may petition for an administrative will be affected by the agency determination; (c) a statement of proceeding (hearing) under Sections 120.569 and 120.57, F.S. when and how the petitioner received notice of the agency The petition must contain the information set forth below and decision; (d) a statement of all disputed issues of material fact. must be filed (received by the clerk) in the Office of General If there are none, the petition must so indicate; (e) a concise Counsel of the Department at 3900 Commonwealth Boulevard, statement of the ultimate facts alleged, including the specific Mail Station 35, Tallahassee, Florida 32399-3000. facts that the petitioner contends warrant reversal or Under subsection 62-110.106(4), F.A.C., a person whose modification of the agency’s proposed action; (f) a statement of substantial interests are affected by the Department’s action the specific rules or statutes that the petitioner contends require may also request an extension of time to file a petition for an reversal or modification of the agency’s proposed action, administrative hearing. The Department may, for good cause including an explanation of how the alleged facts relate to the shown, grant the request for an extension of time. Requests for specific rules or statutes, including an explanation of how the extension of time must be filed with the Office of General alleged facts relate to the specific rules or statutes; and (g) a Counsel of the Department at 3900 Commonwealth Boulevard, statement of the relief sought by the petitioner, stating Mail Station 35, Tallahassee, Florida 32399-3000, before the precisely the action that the petitioner wishes the agency to applicable deadline. A timely request for extension of time take with respect to the agency’s proposed action. shall toll the running of the time period for filing a petition until the request is acted upon.

Section XII - Miscellaneous 2315 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

A petition that does not dispute the material facts on which to comments received will be posted during the review period the Department’s action is based shall state that no such facts to the extent possible, but no later than 10 working days after are in dispute and otherwise shall contain the same information the end of the review period on the above Website. as set forth above, as required by Rule 28-106.301, F.A.C. Under paragraphs 120.569(2)(c) and (d), F.S., a petition for DEPARTMENT OF HEALTH administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above Notice of Emergency Action requirements or is untimely filed. On July 20, 2011, State Surgeon General issued an Order of This intent to issue a variance constitutes an order of the Emergency Suspension Order with regard to the license of Department. Subject to the provisions of paragraph Bruce Ronald Clendenin, R.N., License #RN 3147752. This 120.68(7)(a), F.S., which may require a remand for an Emergency Suspension Order was predicated upon the State administrative hearing, the applicant has the right to seek Surgeon General’s findings of an immediate and serious judicial review of the order under Section 120.68, F.S., by the danger to the public health, safety and welfare pursuant to filing of a notice of appeal under Rule 9.110 of the Florida Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Rules of Appellate Procedure with the Clerk of the Department The State Surgeon General determined that this summary in the Office of General Counsel, 3900 Commonwealth procedure was fair under the circumstances, in that there was Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 no other method available to adequately protect the public. and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of Notice of Emergency Action appeal. The notice of appeal must be filed within 30 days from On July 21, 2011, State Surgeon General issued an Order of the date when the order is filed with the Clerk of the Emergency Suspension Order with regard to the license of Department. Michelle Nicole Brunson, C.N.A., License #CNA 22306. This Emergency Suspension Order was predicated upon the State Florida State Clearinghouse Surgeon General’s findings of an immediate and serious The state is coordinating reviews of federal activities and danger to the public health, safety and welfare pursuant to federally funded projects as required by Section 403.061(40), Sections 456.073(8) and 120.60(6), Florida Statutes (2010). F.S. A list of projects, comments deadlines and the address for The State Surgeon General determined that this summary providing comments are available at http://www.dep. procedure was fair under the circumstances, in that there was state.fl.us/secretary/oip/state_clearinghouse/. For information, no other method available to adequately protect the public. call (850)245-2161. This public notice fulfills the requirements of 15 CFR 930. Notice of Emergency Action On July 26, 2011, State Surgeon General issued an Order of DEPARTMENT OF JUVENILE JUSTICE Emergency Suspension Order with regard to the license of Marie Margaret Portela, R.N., License #RN 2976832. This Revised Guidelines Posted for Review and Comment Emergency Suspension Order was predicated upon the State The Florida Department of Juvenile Justice has posted a Surgeon General’s findings of an immediate and serious revision to Contract Management and Program Monitoring danger to the public health, safety and welfare pursuant to Guidelines (FDJJ 2000) for review and comment on Sections 456.073(8) and 120.60(6), Florida Statutes (2010). MyFlorida.com at: http://www.djj.state.fl.us/policies_proce The State Surgeon General determined that this summary dures/policyreview.html. procedure was fair under the circumstances, in that there was Revision were made to the Contract Management and Program no other method available to adequately protect the public. Monitoring Guidelines (Chapter 2-8), an attachment to the Contract & Grant Monitoring Policy (FDJJ 2000) in order to Notice of Emergency Action conform with Section 297.052(1)(h), Florida Statutes, which On July 21, 2011, State Surgeon General issued an Order of requires agencies to include in contracts financial Emergency Suspension Order with regard to the license of consequences for providers that fail to perform in accordance Roberto Rodriguez, R.N., License #RN 9225339. This with their contract. Emergency Suspension Order was predicated upon the State The revised section of the Guidelines is posted for a single 20 Surgeon General’s findings of an immediate and serious working day review and comment period, with a closure date danger to the public health, safety and welfare pursuant to of September 2, 2011 for submission of comments. Responses Sections 456.073(8) and 120.60(6), Florida Statutes (2010).

2316 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

The State Surgeon General determined that this summary The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. no other method available to adequately protect the public.

Notice of Emergency Action Notice of Emergency Action On July 21, 2011, State Surgeon General issued an Order of On July 21, 2011, State Surgeon General issued an Order of Emergency Suspension Order with regard to the license of Emergency Suspension Order with regard to the license of Leonardo A. Malagon, L.P.N., License #LPN 5178956. This Marlene Magadan, R.N., License #RN 9214065. This Emergency Suspension Order was predicated upon the State Emergency Suspension Order was predicated upon the State Surgeon General’s findings of an immediate and serious Surgeon General’s findings of an immediate and serious danger to the public health, safety and welfare pursuant to danger to the public health, safety and welfare pursuant to Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Sections 456.073(8) and 120.60(6), Florida Statutes (2010). The State Surgeon General determined that this summary The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. no other method available to adequately protect the public.

Notice of Emergency Action Notice of Emergency Action On July 21, 2011, State Surgeon General issued an Order of On July 21, 2011, State Surgeon General issued an Order of Emergency Suspension Order with regard to the license of Emergency Suspension Order with regard to the license of Yanisley Chao, L.P.N., License #LPN 5182895. This Barbara Ann Musumeci, L.P.N., License #PN 5145192. This Emergency Suspension Order was predicated upon the State Emergency Suspension Order was predicated upon the State Surgeon General’s findings of an immediate and serious Surgeon General’s findings of an immediate and serious danger to the public health, safety and welfare pursuant to danger to the public health, safety and welfare pursuant to Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Sections 456.073(8) and 120.60(6), Florida Statutes (2010). The State Surgeon General determined that this summary The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. no other method available to adequately protect the public.

Notice of Emergency Action Notice of Emergency Action On July 21, 2011, State Surgeon General issued an Order of On July 21, 2011, State Surgeon General issued an Order of Emergency Suspension Order with regard to the license of Emergency Suspension Order with regard to the license of Maria M. Perez, R.N., License #RN 9194372. This Emergency Kelly Lynn Schaeffer, C.N.A., License #CNA 101440. This Suspension Order was predicated upon the State Surgeon Emergency Suspension Order was predicated upon the State General’s findings of an immediate and serious danger to the Surgeon General’s findings of an immediate and serious public health, safety and welfare pursuant to Sections danger to the public health, safety and welfare pursuant to 456.073(8) and 120.60(6), Florida Statutes (2010). The State Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Surgeon General determined that this summary procedure was The State Surgeon General determined that this summary fair under the circumstances, in that there was no other method procedure was fair under the circumstances, in that there was available to adequately protect the public. no other method available to adequately protect the public.

Notice of Emergency Action Notice of Emergency Action On July 21, 2011, State Surgeon General issued an Order of On July 21, 2011, State Surgeon General issued an Order of Emergency Suspension Order with regard to the license of Emergency Suspension Order with regard to the license of Daisy Lina Santos, R.N., License #RN 9200484. This Melinda Lawanna Bryant, C.N.A., License #CNA 87611. This Emergency Suspension Order was predicated upon the State Emergency Suspension Order was predicated upon the State Surgeon General’s findings of an immediate and serious Surgeon General’s findings of an immediate and serious danger to the public health, safety and welfare pursuant to danger to the public health, safety and welfare pursuant to Sections 456.073(8) and 120.60(6), Florida Statutes (2010). Sections 456.073(8) and 120.60(6), Florida Statutes (2010).

Section XII - Miscellaneous 2317 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

The State Surgeon General determined that this summary TO OBTAIN A PACKAGE: You may request a Letter of Intent procedure was fair under the circumstances, in that there was package by telephone, fax, mail, or visit the Office of Trauma’s no other method available to adequately protect the public. website at: http://doh.state.fl.us/demo/ Trauma/index.html “Letter of Intent 2011” NOTICE OF THE AVAILABILITY OF THE 2011 TRAUMA Telephone: (850)245-4444, ext. 2756 or SunCom 205-4440. CENTER LETTER OF INTENT PACKAGE Fax: (850)488-2512. NAME OF AGENCY: Department of Health (DOH) Mail request to: Florida Department of Health, Division of PACKAGE TITLE: Florida Trauma Center Letter of Intent Emergency Operations, Office of Trauma, 4052 Bald Cypress Package Way, Bin #C-18 Tallahassee, FL 32399-1738. Or you may pick PURPOSE AND EFFECT: The Department of Health is up in person at: Florida Department of Health, Division of mandated by Section 395.4025(2)(a), Florida Statutes, to notify Emergency Operations, Office of Trauma, 4025 Esplanade Florida licensed acute care hospitals of their right to submit a Way, Tallahassee, FL 32399. Letter of Intent, DH Form 1840, to apply to become a trauma DEADLINE: Letters of Intent must be postmarked between center. September 1, 2011 and midnight October 1, 2011. ELIGIBILITY: Florida licensed acute care hospitals are CONTACTS: Bernadette Behmke (850)245-4444, Ext. 2756, eligible to apply. or Susan McDevitt at (850)245-4444, Ext. 2760 or SunCom AUTHORITY: Section 395.4025(2)(a), Florida Statutes. 205-4440. Rule 64J-2.012, Florida Administrative Code.

2318 Section XII - Miscellaneous Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Section XIII Rule No. File Date Effective Proposed Amended Index to Rules Filed During Preceding Week Date Vol./No. Vol./No. Marine Fisheries RULES FILED BETWEEN July 18, 2011 68B-14.0038 7/22/11 7/22/11 37/26 and July 22, 2011 Rule No. File Date Effective Proposed Amended DEPARTMENT OF FINANCIAL SERVICES Date Vol./No. Vol./No. Division of State Fire Marshal 69A-21.113 7/22/11 8/11/11 37/21 DEPARTMENT OF EDUCATION 69A-38.020 7/22/11 8/11/11 37/21 New College of Florida 6C11-5.004 7/22/11 8/11/11 Newspaper Division of Funeral, Cemetery and Consumer Services 6C11-8.017 7/22/11 8/11/11 Newspaper 69K-17.0035 7/21/11 8/10/11 37/20

STATE BOARD OF ADMINISTRATION 19-11.002 7/18/11 8/7/11 37/16 LIST OF RULES AWAITING LEGISLATIVE 19-11.003 7/18/11 8/7/11 37/16 APPROVAL PURSUANT TO (CHAPTER 2010-279, 19-11.009 7/18/11 8/7/11 37/16 LAWS OF FLORIDA) AGENCY FOR HEALTH CARE ADMINISTRATION DEPARTMENT OF HEALTH 59-1.038 7/19/11 8/8/11 37/23 Board of Medicine 59-1.052 7/19/11 8/8/11 37/23 64B8-9.0131 11/8/10 ***** 36/16 36/33 64B8-9.0134 3/25/11 ***** 37/7 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Board of Osteopathic Medicine Division of Hotels and Restaurants 64B15-14.0054 3/25/11 ***** 37/7 61C-3.001 7/21/11 8/10/11 37/17 61C-4.023 7/21/11 8/10/11 37/17

FISH AND WILDLIFE CONSERVATION COMMISSION Freshwater Fish and Wildlife 68A-9.004 7/22/11 8/11/11 37/25 68A-9.008 7/22/11 8/11/11 37/25 68A-15.065 7/22/11 8/11/11 37/25

Section XIII - Index to Rules Filed During Preceding Week 2319

Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

Section XIV Rule No. Proposed Amended Adopted List of Rules Affected Vol./No. Vol./No. Vol./No. 5J-7.004 36/47 This “List of Rules Affected” is a cumulative list of all rules 5J-7.005 36/47 which have been proposed but not filed for adoption. 5J-7.006 36/47 Beginning with the February 2, 1996 issue, the list will be 5J-7.007 36/47 published monthly for the period covering the last eight weeks. 5J-7.008 36/47 5J-8.003 36/47 w – Signifies Withdrawal of Proposed Rule(s) 5J-9.002 36/47 5J-9.006 36/47 c – Rule Challenge Filed 5J-10.002 36/47 v – Rule Declared Valid 5J-10.006 36/47 x – Rule Declared Invalid 5J-12.002 36/47 d – Rule Challenge Dismissed 5J-13.002 36/47 dw – Dismissed Upon Withdrawal 5J-13.003 36/47 5J-14.003 36/47 Rule No. Proposed Amended Adopted 5J-15.001 36/47 Vol./No. Vol./No. Vol./No. 5J-15.002 36/47 5J-17.016 36/47 STATE 5J-17.029 36/47 5J-17.030 36/47 1SER11-1 37/22 5J-17.0321 36/47 1S-2.0001 37/28 5J-17.0322 36/47 1S-2.002 37/27 5J-17.034 36/47 1S-2.0091 37/28 5J-17.035 36/47 1S-2.017 37/23 37/30 5J-17.036 36/47 1S-2.041 35/44 37/22 37/29 5J-17.038 36/47 37/23 5J-17.0381 36/47 1S-2.042 37/28 5J-17.039 36/47 1S-2.050 37/28 5J-17.041 36/47 5J-17.044 36/47 LEGAL AFFAIRS 5J-17.047 36/47 5J-17.080 36/47 2A-7.001 37/31 5J-17.082 36/47 2A-7.0021 37/31 5J-17.085 36/47 2A-7.0022 37/31 5J-17.102 36/47 2A-8.005 37/19 37/28 5J-17.200 36/47 AGRICULTURE AND CONSUMER SERVICES 5J-17.203 36/47 5J-17.204 36/47 5BER11-2 37/21 5J-17.206 36/47 5B-66.001 37/28 5J-17.208 36/47 5B-66.002 37/28 5J-17.210 36/47 5B-66.003 37/28 5L-1.007 37/16 37/27 5B-66.004 37/28 5L-1.008 37/16 37/27 5B-66.005 37/28 5M-3.001 37/15 5B-66.006 37/28 5M-3.002 37/15 37/25 5F-11.002 37/14 37/29 5M-3.003 37/15 5H-2.003 37/29 5M-3.004 37/15 5H-2.004 37/29 5M-3.005 37/15 5H-5.001 37/31 5M-3.006 37/15 5H-5.004 37/31 5M-3.007 37/15 5J-4.004 36/47 5M-3.008 37/15 5J-4.005 36/47 5M-3.009 37/15 5J-4.014 36/47 EDUCATION 5J-6.003 36/50 5J-6.005 36/50 6A-1.09412 37/15 37/20 37/29 5J-6.013 36/50 6A-1.09441 37/15 37/26

Section XIV - List of Rules Affected 2321 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

6A-1.09981 37/15 37/17 37/24 12DER11-11 37/23 6A-2.0040 37/15 12DER11-12 37/24 6A-4.0021 37/15 37/24 12DER11-13 37/24 6A-4.0243 37/15 37/24 12D-7.001(4) 36/50c 6A-6.0571 37/15 37/28 12D-9.019 37/20 6A-6.0573 37/15 37/24 12E-1.0051 37/27 6A-6.0902 37/20 6A-6.09021 37/20 TRANSPORTATION 6A-6.09022 37/20 6A-6.0903 37/20 14-43.001 37/25 6A-6.09031 37/20 14-51.010 36/41 6A-6.0907 35/5 35/12 14-51.011 36/41 35/16 14-51.012 36/41 35/18c 14-51.013 36/41 6A-7.0710 37/20 14-51.014 36/41 6A-7.077 37/15 37/24 14-51.020 36/41 6A-10.045 37/21 37/29 14-51.021 36/41 6A-14.0542 37/15 37/24 14-51.030 36/41 6B-11.009 36/44 14-51.031 36/41 6C11-5.004 Newspaper 37/31 14-51.040 36/41 6C11-8.017 Newspaper 37/31 14-51.041 36/41 6D-4.002 36/51 37/24 14-51.042 36/41 6D-6.003 36/52 37/24 14-51.043 36/41 6D-8.004 36/52 37/24 14-51.051 36/41 14-51.052 36/41 COMMUNITY AFFAIRS 14-51.053 36/41 14-51.054 36/41 9N-1.001 37/1 14-51.061 36/41 9N-3.002 36/34 37/27 14-51.062 36/41 9N-3.007 36/34 36/52 37/27 14-51.063 36/41 9N-3.008 36/34 37/27 14-51.064 36/41 9N-3.011 36/34 36/52 37/27w 14-51.065 36/41 9N-4.002 37/28 14-57.003 36/39 14-57.010 36/39 REVENUE 14-57.011 36/39 14-57.012 36/39 12AER11-14 37/30 14-57.013 36/39 36/52 12A-1.018 37/18 37/28 14-57.014 36/39 36/52 12A-1.061 37/18 37/28 12A-1.074 37/18 37/28 HIGHWAY SAFETY AND MOTOR VEHICLES 12A-19.021 36/21 36/31 37/24w 36/43 15A-10.009 36/47 37/9 12BER11-2 37/19 37/20c 12B-5.130 37/18 37/28 15A-18.004(1)(d) 37/20c 12B-5.150 37/18 37/28 15A-18.006(4) 37/20c 12CER11-15 37/31 12C-1.013 37/18 37/28 BOARD OF TRUSTEES OF THE INTERNAL 12DER11-3 37/23 IMPROVEMENT TRUST FUND 12DER11-4 37/23 12DER11-5 37/23 18-14.001 36/47 12DER11-6 37/23 18-14.002 36/47 12DER11-7 37/23 18-14.003 36/47 12DER11-8 37/23 18-14.004 36/47 12DER11-9 37/23 18-14.005 36/47 12DER11-10 37/23

2322 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

STATE BOARD OF ADMINISTRATION 33-601.830 37/28 33-602.201 37/27 19ER11-1 37/21 19ER11-12 37/26 COMMISSION ON ETHICS 19-8.010 37/29 19-8.015 37/19 37/26 34-8.002 37/27 37/28w 19-8.016 37/19 37/26 34-8.007 37/27 37/28w 19-8.017 37/19 37/26 34-8.008 37/27 37/28w 19-8.018 37/19 37/26 34-8.009 37/27 37/28w 19-8.019 37/19 37/26 34-8.202 37/27 37/28w 19-8.020 37/19 37/26 34-8.208 37/27 37/28w 19-8.021 37/19 37/26 WATER MANAGEMENT DISTRICTS 19-8.022 37/19 37/26 19-8.023 37/19 37/26 40C-400.1013 36/39 36/50 19-8.024 37/19 37/26 40D-1.021 35/50 19-8.025 37/19 37/26 40D-2.091 22/48 19-8.026 37/19 37/26 40D-2.301 22/48 19-8.027 37/19 37/26 40D-4.091 22/48 19-8.028 37/19 37/26 40D-9.290 37/21 19-8.029 37/21 37/28 40D-9.320 37/21 19-8.030 37/21 37/28 19-11.001 37/28 FLORIDA LAND AND WATER ADJUDICATORY 19-11.002 37/16 37/31 COMMISSION 19-11.003 37/16 37/31 19-11.006 37/28 42FFF-1.002 37/23 37/23 19-11.007 37/28 42OOO-1.001 37/23 37/23 19-11.009 37/16 37/31 42OOO-1.002 37/23 37/23 19-11.011 37/28 42OOO-1.003 37/23 37/23 42S-1.001 37/26 FLORIDA PAROLE COMMISSION 42S-1.002 37/26 42S-1.003 37/26 23-21.015(9) 35/43c 42WW-1.001 37/26 23-21.0155 35/43c 42WW-1.002 37/26 23-21.0161 35/43c 42WW-1.003 37/26 CORRECTIONS LOTTERY 33-102.301 37/14 37/27 53ER11-19 37/16 33-102.302 37/14 37/27 53ER11-20 37/16 33-102.303 37/14 37/27 53ER11-21 37/16 33-102.304 37/14 37/27 53ER11-22 37/16 33-102.305 37/14 37/27 53ER11-23 27/20 33-102.306 37/14 37/27 53ER11-24 27/20 33-102.307 37/14 37/27 53ER11-25 27/20 33-203.601 37/21 37/26w 53ER11-26 27/20 33-208.403 37/31 53ER11-27 37/23 33-401.401 37/16 37/23 37/30 53ER11-28 37/23 33-503.001 37/30 53ER11-29 37/24 33-601.305 37/14 37/27 53ER11-30 37/24 33-601.314 37/25 53ER11-31 37/24 33-601.713 37/21 53ER11-32 37/28 33-601.721 37/25 53ER11-33 37/28 33-601.724 37/21 37/27 53ER11-34 37/28 33-601.725 37/21 37/28 53ER11-35 37/28 37/29 53ER11-36 37/28 33-601.731 37/27 53ER11-37 37/30 33-601.800 37/21 37/30

Section XIV - List of Rules Affected 2323 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

53ER11-38 37/30 MANAGEMENT SERVICES 53-16.013 37/26 53-21.004 37/26 60A-1.002 36/42 37/24w 60A-1.016 36/42 37/24w AGENCY FOR HEALTH CARE ADMINISTRATION 60A-1.025 36/42 37/24w 60A-1.041 36/42 37/24w 59-1.038 37/23 37/31 60BB-1.011 37/25 59-1.052 37/23 37/31 60BB-3.013 37/26 59A-1.004 36/21 36/47 60BB-3.015 37/26 59A-7.034 37/25 60BB-3.0254 37/26 59A-8.0086 37/25 60BB-3.0262 37/26 59A-8.0185 37/25 60BB-3.0263 37/26 59A-26.001 35/29 60BB-3.029 37/26 59A-26.002 35/29 60BB-8.451 37/25 59A-26.003 35/29 60BB-10.001 37/25 59A-26.004 35/29 60BB-10.002 37/25 59A-26.005 35/29 60BB-10.003 37/25 59A-26.006 35/29 60BB-10.004 37/25 59A-26.007 35/29 60BB-10.005 37/25 59A-26.0075 35/29 60BB-10.006 37/25 59A-26.008 35/29 60BB-10.007 37/25 59A-26.009 35/29 60BB-10.008 37/25 59A-26.010 35/29 60BB-10.009 37/25 59A-26.011 35/29 60FF1-5.002 37/19 37/28 59A-26.012 35/29 60FF1-5.003 37/25 59A-26.013 35/29 60FF1-5.006 37/19 37/28 59A-26.014 35/29 59A-26.015 35/29 BUSINESS AND PROFESSIONAL REGULATION 59A-26.016 35/29 59A-26.017 35/29 61-35.0271 35/45 36/27 59A-26.018 35/29 36/44 59A-26.019 35/29 61-35.02711 35/45 36/27 59A-26.020 35/29 36/44 59A-26.021 35/29 61-35.02712 35/45 36/27 59A-26.022 35/29 36/44 59A-26.023 35/29 61-35.02713 35/45 36/27 59B-9.032 37/24 36/44 59GER11-1 37/15 61-35.02714 35/45 36/27 59GER11-2 37/15 36/44 59GER11-3 37/15 61-35.02715 35/45 36/27 59GER11-4 37/15 36/44 59GER11-5 37/15 61-35.02716 35/45 36/27 59GER11-6 37/17 36/44 59GER11-7 37/17 61-35.02717 35/45 36/27 59GER11-8 37/17 36/44 59GER11-9 37/17 61-35.02718 35/45 36/27 59GER11-10 37/17 36/44 59G-4.060 37/28 61-35.02719 35/45 36/27 59G-4.071 37/23 36/44 59G-4.130 37/25 61-35.0272 35/45 36/27 59G-5.010 36/18 36/26 36/44 59G-13.015 37/23 61-35.02721 35/45 36/27 59G-13.050 37/27 36/44 59G-13.083 37/28 61-35.02722 35/45 36/27 59G-13.131 37/23 36/44

2324 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

61-35.02723 35/45 36/27 61G7-5.0033 37/23 37/30 36/44 61G7-5.005 36/17 37/15 61C-3.001 37/17 37/31 61G7-10.0012 37/23 37/30 61C-4.023 37/17 37/31 61G7-10.002 36/17 61C-5.0085 37/18 37/30 61G10-12.001 36/43 61D-2.009 37/1 37/25 61G15-20.007 36/37 61D-3.001 37/1 37/25 61G15-31.003 35/45 36/29 37/30w 61D-3.002 37/1 37/25 36/43 61D-3.003 37/1 37/25 61G15-31.006 35/45 36/43 37/30w 61D-3.004 37/1 37/25 61G15-31.010 35/45 36/43 37/30w 61D-5.001 36/52 37/22 61G15-31.011 35/45 36/29 37/30w 37/27 61G15-31.012 35/45 37/30w 61D-5.003 36/52 61G19-5.002 36/40 61D-5.004 36/52 61H1-29.002 36/44 37/17 37/24 61D-5.005 36/52 61J1-2.001 37/21 37/28 61D-5.006 36/52 61J1-4.003 37/20 37/28 61D-6.006 37/1 37/25 61J1-7.001 37/21 37/28 61D-6.007 37/1 37/25 61J1-10.002 37/20 37/28 61D-6.008 36/36 61J1-10.003 37/20 37/28 61D-6.011 37/1 37/25 61J1-10.004 37/20 37/28 61D-6.012 37/1 37/25 61J2-2.027 36/38 61D-14.003 36/42 61K1-1.003 36/30 36/45 61D-14.006 36/42 61K1-1.004 36/30 36/45 61D-14.007 36/42 61K1-1.005 36/30 36/45 61D-14.011 36/42 61K1-1.0055 36/30 61D-14.017 36/42 61K1-1.011 36/30 61D-14.019 36/42 61D-14.022 36/42 37/26 ENVIRONMENTAL PROTECTION 61D-14.024 36/42 61D-14.031 36/42 62-210.200 37/14 37/25 61D-14.032 36/42 37/26 62-210.300 37/14 37/25 61D-14.033 36/42 62-210.310 37/14 37/25 61D-14.034 36/42 37/26 62-210.920 37/14 37/25 61D-14.037 36/42 37/26 62-213.202 37/14 37/25 61D-14.038 36/42 37/26 62-213.300 37/14 37/25 61D-14.042 37/18 37/27 62-213.440 37/14 37/25 61D-14.047 36/42 37/26 62-213.900 37/14 37/25 61D-14.048 36/42 62-302.540 36/37 61D-14.059 36/42 36/43c 61D-14.073 36/42 36/43c 61D-14.080 36/42 62-304.600 35/31 36/7 61D-14.082 36/42 36/17 61D-14.086 36/42 36/13c 61D-14.090 36/42 36/13c 61D-14.200 36/42 36/13c 61D-14.203 36/42 36/13c 61E14-4.001 36/36 62-304.610 35/31 36/7 61G6-5.002 36/34 37/21 37/28 36/13c 61G6-5.003 37/21 37/28 36/13c 61G6-5.004 37/21 37/28 36/13c 61G6-7.001 37/26 62-304.610(11) 36/13c 61G6-9.006 37/21 37/28 62-550.200 36/46 61G6-10.0065 37/26 62-550.310 36/46 61G6-12.001 37/21 37/28 62-550.500 36/46 61G6-12.002 37/21 37/28 62-550.514 36/46 61G7-5.001 36/17 37/30w 62-550.540 36/46

Section XIV - List of Rules Affected 2325 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

62-550.550 36/46 64B1-8.002 36/45 37/24w 62-550.720 36/46 37/24 62-550.730 36/46 64B1-9.001 36/48 37/24w 62-550.821 36/46 37/24 62-550.822 36/46 64B2-13.004 36/52 37/26 62-550.824 36/46 64B2-14.001 36/52 62-560.400 36/46 64B3-1.006 36/52 62-560.410 36/46 64B3-1.008 36/52 62-788.100 36/47 64B3-2.002 36/52 62-788.150 36/47 64B3-3.002 36/52 62-788.200 36/47 64B3-4.001 36/52 62-788.300 36/47 64B3-5.0011 36/52 62-788.310 36/47 64B3-5.002 36/52 62-788.320 36/47 64B3-5.007 36/52 62-788.330 36/47 64B3-6.002 36/52 62-788.400 36/47 64B3-6.003 36/52 62-788.900 36/47 64B3-10.005 36/52 62B-33.002 33/50c 64B5-2.0126 36/13 (18),(43),(60) 64B5-2.013 36/13 36/47 62B-33.005 33/50c 64B5-2.0142 36/29 (1)(a),(1),(2) 64B5-14.003 37/28 62B-33.0051 33/50c 64B5-14.008 37/28 (1)(a),(2)(c) 64B5-14.009 37/28 62B-33.0051 33/50c 64B5-14.010 37/28 (1)(a),(2)(d) 64B5-16.005 36/6 62B-41.002 36/35 36/47 36/30 62B-41.003 36/35 36/47 64B5-16.006 36/6 37/28w 62B-41.005 36/35 36/47 64B5-16.0075 36/19 37/25w 37/1 64B6-8.002 36/40 64B8-8.001 36/50 37/18 37/24 JUVENILE JUSTICE 64B8-9.0134 37/7 64B8-31.010 36/46 63H-1.001 36/46 37/17 37/26 64B8-51.006 36/42 63H-1.002 36/46 37/17 37/26 64B8-54.002 36/42 63H-1.004 36/46 37/17 37/26 64B8-55.002 36/42 63H-1.006 36/46 37/17 37/26 64B9-4.005 37/23 63H-1.010 36/46 37/17 37/26 64B9-4.014 36/52 63H-1.011 36/46 37/17 37/26 37/28 63H-1.013 36/46 37/17 37/26 64B9-5.010 37/23 63H-1.014 36/46 37/26 64B9-7.001 36/48 37/28w 63H-1.016 36/46 37/17 37/26 37/27 63K-1.001 36/47 37/17 37/26 64B9-8.001 37/27 63K-1.0015 36/47 37/17 37/26 64B9-8.005 36/33 36/44 63K-1.002 36/47 37/17 37/26 64B9-8.006 36/44 63K-1.003 36/47 37/17 37/26 37/27 63K-1.004 36/47 37/17 37/26 64B10-16.005 35/38 36/39 37/27w 63K-1.005 36/47 37/26 36/43 63K-1.015 36/47 64B11-2.003 36/41 HEALTH 64B11-3.001 36/41 64B13-4.001 37/20 37/29 64B-7.001 36/38 36/51 64B13-5.002 37/20 37/29 64B-7.002 36/41 64B13-7.005 37/20 37/29 64B-7.003 36/45 64B13-10.001 37/20 37/29 64B1-8.001 36/45 37/24w 64B13-18.002 37/20 37/29 37/24 64B14-4.004 36/36

2326 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

64B15-7.010 36/46 65C-31.002 36/38 36/49 64B15-14.0054 37/7 65C-31.003 36/38 36/49 64B16-26.206 35/39 36/32 65C-31.004 36/38 36/49 36/45 65C-31.005 36/38 36/49 64B16-26.351 36/37 36/43 65C-31.006 36/38 36/49 64B16-30.001 35/39 36/26 65C-31.007 36/38 36/49 36/38 65C-31.008 36/38 36/49 36/43 65C-31.009 36/38 36/49 64B16-30.003 35/39 36/26 65C-31.010 36/38 36/49 64B18-14.002 36/42 36/47 37/25w 65C-31.011 36/38 36/49 64B18-14.010 37/30 65C-36.001 36/39 64B18-16.006 36/42 37/26w 65C-36.002 36/39 37/31 65C-36.003 36/39 64B18-24.001 36/42 37/26w 65C-36.004 36/39 37/31 65C-36.005 36/39 64B19-11.0035 37/28 65C-36.006 36/39 64B19-11.005 37/25 65C-36.007 36/39 64B19-12.005 37/29 65C-36.008 36/39 64B19-12.007 37/29 65C-36.009 36/39 64B20-2.001 36/51 65E-26.001 36/50 64B20-2.003 36/51 65E-26.002 36/50 64B20-3.007 36/51 65G-4.001 36/43 64B20-4.001 36/51 65G-4.0011 36/43 64B23-2.001 36/18 65G-4.002 36/43 64B32-2.001 36/43 37/29w 65G-4.0026 37/23 64D-2.002 34/8 65G-4.003 36/43 64F-12.001 36/14 37/30w 65G-4.004 36/43 64F-12.012 35/42 37/30w 65G-4.005 36/43 64F-12.013 35/42 37/30w 65G-4.006 36/43 64J-1.004 37/1 65G-4.007 36/43 64J-2.010 37/25c 65G-4.008 36/43 37/25c 65G-4.009 36/43 37/25c 65G-4.010 36/43 37/25c 65G-4.011 36/43 64J-3.001 36/39 65G-4.012 36/43 64J-3.002 34/43 35/2 65G-4.014 36/7 37/11 36/39 36/13c 64J-3.003 36/39 65G-4.014(1) 36/13c 64K-1.001 36/36 65G-4.014(1),(3) 36/13c 64K-1.002 37/30 65G-4.014(3) 36/13c 64K-1.003 36/36 65G-4.015 36/7 37/11 64K-1.004 36/36 65G-4.016 36/7 37/11 64K-1.005 36/36 65G-4.017 36/7 37/11 64K-1.006 36/36 65G-4.017(1),(3) 36/13c 64K-23.003 37/30 36/13c CHILDREN AND FAMILY SERVICES FLORIDA HOUSING FINANCE CORPORATION

65A-1.205(1) 36/43c 67ER09-3 35/43c 35/43d 36/50c 35/43c 35/43d 65C-14.010 36/45 35/43c 35/43d 65C-22.001 36/44 37/25 35/43c 35/43d 65C-22.005 36/44 37/25 67ER09-4 35/43c 35/43d 65C-22.008 36/44 37/25 35/43c 35/43d 65C-22.010 36/44 37/25 35/43c 35/43d 65C-31.001 36/38 36/49 35/43c 35/43d

Section XIV - List of Rules Affected 2327 Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

67-21.002 37/26 68A-27.003 37/17 67-21.003 37/26 68A-27.0031 37/17 67-21.0035 37/26 68B-13.001 37/18 37/26 67-21.004 37/26 68B-13.006 37/26 67-21.0045 37/26 68B-13.010 37/18 37/26 67-21.006 37/26 68B-13.011 37/18 37/26 67-21.007 37/26 68B-14.0038 37/26 37/31 67-21.008 37/26 68B-14.0039 37/17 37/26 67-21.009 37/26 68B-14.004 37/17 37/26 67-21.010 37/26 68B-22.002 37/9 67-21.013 37/26 68B-22.005 37/9 67-21.014 37/26 68B-35.002 37/18 37/26 67-21.015 37/26 68B-35.003 37/18 37/26 67-21.017 37/26 68B-35.0035 37/18 37/26 67-21.018 37/26 68B-35.004 37/18 37/26 67-21.019 37/26 68B-35.005 37/18 67-48.001 37/26 68B-35.006 37/18 67-48.002 37/26 68B-42.002 37/31 67-48.004 37/26 68B-42.003 37/31 67-48.005 37/26 68B-42.0035 37/31 67-48.007 37/26 68B-42.0036 37/31 67-48.0072 37/26 68B-42.004 37/31 67-48.0075 37/26 68B-42.005 37/31 67-48.009 37/26 68B-42.006 37/31 67-48.0095 37/26 68B-42.0065 37/31 67-48.010 37/26 68B-42.008 37/31 67-48.0105 37/26 68B-42.009 37/31 67-48.013 37/26 68C-22.010 37/12 67-48.014 37/26 67-48.015 37/26 FINANCIAL SERVICES 67-48.017 37/26 67-48.018 37/26 69-1 30/42c 67-48.019 37/26 69A-3.012 37/25 67-48.020 37/26 69A-21.113 37/21 37/31 67-48.0205 37/26 69A-38.020 37/21 37/31 67-48.022 37/26 69A-47.011 36/43 67-48.023 37/26 69A-60.002 37/25 67-48.027 37/26 69A-60.003 37/25 67-48.028 37/26 69A-60.004 37/25 67-48.029 37/26 69A-60.005 37/25 67-48.030 37/26 69A-60.006 37/25 37/30w 67-48.031 37/26 69A-62.005 37/13 37/24 69B-125.004 37/31 FISH AND WILDLIFE CONSERVATION COMMISSION 69B-162.011 37/29 69B-215.235 37/25 68A-7.0001 37/17 69B-220.201 37/24 68A-7.0012 37/17 69B-241.010 36/23 68A-7.003 37/17 69B-241.020 36/23 68A-9.004 37/25 37/31 69B-241.030 36/23 68A-9.008 37/25 37/31 69B-241.035 36/23 68A-15.065 37/25 37/31 69B-241.040 36/23 68A-25.0032 35/19 69B-241.070 36/23 68A-25.042 37/18 37/28 69B-241.080 36/23 68A-27.0001 37/17 69B-241.090 36/23 68A-27.0012 37/17 69B-241.100 36/23

2328 Section XIV - List of Rules Affected Florida Administrative Weekly Volume 37, Number 31, August 5, 2011

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

69B-241.110 36/23 69L-34.002 37/21 69B-241.120 36/23 69L-34.003 37/21 69B-241.130 36/23 69L-34.004 37/21 69B-241.140 36/23 69L-34.005 37/21 69B-241.150 36/23 69L-34.006 37/21 69B-241.160 36/23 69O-137.001 36/44 37/27w 69B-241.165 36/23 37/18 69B-241.170 36/23 69O-138.001 36/44 37/27w 69C-4.001 37/26 37/18 37/27w 69C-4.002 37/26 37/27 69C-4.003 37/26 69O-138.047 37/26 69C-4.0035 37/26 69O-162.203 37/26 69C-4.004 37/26 69O-164.020 37/26 69C-4.0045 37/26 69O-170.0155 37/20c 69C-4.009 37/26 37/21 69K-17.0034 37/16 37/30 69O-175.001 31/2c 69K-17.0035 37/20 37/31 69O-175.003 31/26 69K-23.003 37/25 69O-175.008 35/12c 37/30 69O-186.013 33/8c 69L-6.021 37/25 69V-180.040 37/26 69L-7.020 37/24 69V-180.080 37/26 69L-7.100 37/24 69V-180.090 37/26 69L-24.006 36/18c 69V-180.100 37/26 69L-24.006(2)(a)1.,2. 36/18c 69L-24.006(2)(a)(b) 36/18c 69L-24.006(2)(d) 36/18c 69L-34.001 37/21

Section XIV - List of Rules Affected 2329