Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Section I 8. Re-number the Cultural Endowment Program rule from Notices of Development of Proposed Rules subsection 1T-1.001(15) to subsection 1T-1.001(2), F.A.C., and the Cultural Facilities Program rule from subsection and Negotiated Rulemaking 1T-1.001(16) to subsection 1T-1.001(3), F.A.C. No changes are being made to these programs in this amendment. DEPARTMENT OF STATE SUBJECT AREA TO BE ADDRESSED: Establish eligibility Division of Cultural Affairs criteria, application procedures, matching funds, panel review RULE NO.: RULE TITLE: and evaluation criteria, Legislative review and funding 1T-1.001 Division of Cultural Affairs method, reporting requirements, and grant administration in PURPOSE AND EFFECT: The purpose of this rule several Division programs. amendment is to: RULEMAKING AUTHORITY: 265.284(3)(j), 265.286(1), 1. Amend subsection 1T-1.001(1), F.A.C., by changing the (11) FS. name of the Florida Arts Council to the Florida Council on LAW IMPLEMENTED: 265.284, 265.286, 286.011, 286.012 Arts and Culture in accordance with Section 265.285, F.S. FS. 2. Create a new rule, Arts and Cultural Grants, Rule 1T-1.036, A RULE DEVELOPMENT WORKSHOP WILL BE HELD F.A.C., that establishes eligibility criteria, application AT THE DATE, TIME AND PLACE SHOWN BELOW: procedures, matching funds, panel review criteria, scoring DATE AND TIME: Monday, June 15, 2009, 9:30 a.m. criteria, Legislative review and funding method, reporting PLACE: Division of Cultural Affairs, R. A. Gray Building, 3rd requirements, grant administration forms, and program Floor, Room 307, 500 South Bronough Street, Tallahassee, guidelines for the Cultural and Museum Grants Program and Florida 32399-0250 the Specific Cultural Projects Program. THE PERSON TO BE CONTACTED REGARDING THE 3. Repeal subsection 1T-1.001(19), F.A.C., Regional Cultural PROPOSED RULE DEVELOPMENT AND A COPY OF Facilities Program as a result of Legislative repeal of the THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donald governing Statute (Section 265.702, F.S.). R. Blancett, Division of Cultural Affairs, R. A. Gray Building, 4. Repeal Rule 1T-1.031, History Museum Grants Application 3rd Floor, 500 South Bronough Street, Tallahassee, Florida Requirements; and 1T-1.032, History Museum Application 32399-0250 Review and Grant Administration as a result of repeal of the THE PRELIMINARY TEXT OF THE PROPOSED RULE governing Statute (Section 265.708, F.S.). The History DEVELOPMENT IS NOT AVAILABLE. Museum Program has been incorporated into Section 265.286, F.S. Guidelines and application procedures are incorporated BOARD OF TRUSTEES OF THE INTERNAL into Rule 1T-1.036, F.A.C. IMPROVEMENT TRUST FUND 5. Repeal the Quarterly Assistance Program (subsection Notices for the Board of Trustees of the Internal Improvement 1T-1.001(9), F.A.C.), and the Challenge Grant Program Trust Fund between December 28, 2001 and June 30, 2006, go (subsection 1T-1.001(14), F.A.C.). Previous grantees will have to http://www.dep.state.fl.us/ under the link or button titled access to funding through Arts and Cultural Grants, Rule “Official Notices.” 1T-1.036, F.A.C. 6. Repeal the following subparagraphs and incorporate the DEPARTMENT OF CORRECTIONS program information into Arts and Cultural Grants, Rule RULE NO.: RULE TITLE: 1T-1.036, F.A.C.: subsections 1T-1.001(3), (4), (5), (6), (7), (8), 33-210.102 Legal Documents and Legal Mail (10), (12), (13), and (18), F.A.C. PURPOSE AND EFFECT: The purpose and effect of the 7. Establish new rule numbers for the following programs: Art proposed rule is to clarify the handling and processing of in State Buildings (paragraph 1T-1.001(2)(a), F.A.C.), Florida incoming legal mail. Artists Hall of Fame and Arts Recognition Program (paragraph SUBJECT AREA TO BE ADDRESSED: Legal Mail. 1T-1.001(2)(b), F.A.C.), the State Touring Program (subsection RULEMAKING AUTHORITY: 20.315, 944.09, 944.11 FS. 1T-1.001(11), F.A.C.), the Individual Artist Fellowship LAW IMPLEMENTED: 944.09, 944.11 FS. Program (subsection 1T-1.001(17), F.A.C.), and the Artwork IF REQUESTED IN WRITING AND NOT DEEMED and Collection Care and Maintenance Program (1T-1.001(20), UNNECESSARY BY THE AGENCY HEAD, A RULE F.A.C.). There are no new eligibility criteria, program review DEVELOPMENT WORKSHOP WILL BE NOTICED IN criteria, or additional reporting requirements for these THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE programs. WEEKLY.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2519 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

THE PERSON TO BE CONTACTED REGARDING THE Rulemaking Specific Authority 20.315, 944.09, 944.11 FS. Law PROPOSED RULE DEVELOPMENT AND A COPY OF Implemented 944.09, 944.11 FS. History–New 10-8-76, Amended THE PRELIMINARY DRAFT IS: Kendra Lee Jowers, 2601 4-19-79, 7-2-81, 6-8-82, 9-23-85, Formerly 33-3.05, Amended 10-7-86, 8-20-89, 4-4-91, 9-1-93, 4-28-96, 2-12-97, 5-25-97, 10-7-97, Blair Stone Road, Tallahassee, Florida 32399-2500 12-7-97, 2-15-98, Formerly 33-3.005, Amended 12-20-99, Formerly 33-602.402, Amended 5-5-02, 12-4-02, 5-11-03, 8-25-03, 9-20-04, THE PRELIMINARY TEXT OF THE PROPOSED RULE 12-23-07, 4-23-09,______. DEVELOPMENT IS: DEPARTMENT OF CORRECTIONS 33-210.102 Legal Documents and Legal Mail. RULE NO.: RULE TITLE: (1) No change. 33-601.602 Community Release Programs (2) Legal mail shall be defined as mail to and from the PURPOSE AND EFFECT: The purpose and effect of the following entities that is either marked as legal pursuant to proposed rule is to require all inmates participating in a paragraph (8)(d) of this rule or is inspected in the presence of community release program to pay facilities a 55% subsistence the inmate pursuant to paragraph (8)(h) of this rule: fee. (a) Municipal Mail to and from municipal, county, state SUBJECT AREA TO BE ADDRESSED: Community Release and federal courts. Programs. (b) State Mail to and from state attorneys. RULEMAKING AUTHORITY: 945.091, 946.002 FS. (c) Private Mail to and from private attorneys. LAW IMPLEMENTED: 945.091, 946.002 FS. (d) Public Mail to and from public defenders. IF REQUESTED IN WRITING AND NOT DEEMED (e) Legal Mail to and from legal aid organizations. UNNECESSARY BY THE AGENCY HEAD, A RULE (f) Mail to and from Agency clerks Clerks. DEVELOPMENT WORKSHOP WILL BE NOTICED IN (g) Government Mail to and from government attorneys. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE (3) through (7) No change. WEEKLY. (8) Processing of Legal Mail. THE PERSON TO BE CONTACTED REGARDING THE (a) through (b) No change. PROPOSED RULE DEVELOPMENT AND A COPY OF (c) No packaging other than standard envelopes shall be THE PRELIMINARY DRAFT IS: Kendra Lee Jowers, 2601 given to inmates. The following types of packaging shall be Blair Stone Road, Tallahassee, Florida 32399-2500 removed by mailroom staff before providing the contents to the inmate: boxes, padded envelopes, envelopes that include metal THE PRELIMINARY TEXT OF THE PROPOSED RULE parts, multilayer packaging, bubble wrap, packing peanuts, or DEVELOPMENT IS: other forms of extra packaging. 33-601.602 Community Release Programs. (d) The sender of incoming legal mail shall mark the (1) through (9) No change. outside of the envelope “legal,” “legal-confidential,” (10) Disbursement of Earnings. “legal-open only in the presence of the addressee,” or similar (a) through (c) No change. language which would put the reader on notice that the mail (d) All inmates participating in community release should be handled and processed pursuant to this Rule is legal programs The inmate shall be required to disburse such funds mail of a confidential nature. Mail from the courts, state to pay the facility for subsistence at the following rates: attorney, public defender or from any agency clerk or government attorney that is not marked as legal pursuant to this 1. Inmates assigned to contract facilities for paid paragraph shall be handled and processed pursuant to Rule employment shall be required to pay 55% subsistence, which 33-210.103, F.A.C subject to public inspection under Chapter shall be computed by factoring .55 (55%) times the inmate’s 119, Florida Statutes, need not be marked as legal mail. All net earnings. other incoming Incoming mail that is not marked as legal 2. For all other inmates the amount of subsistence to be pursuant to this paragraph which does not include a marking on paid will be computed by factoring .45 (45%) times the the outside of the envelope requesting that it be treated as inmate’s net earnings. confidential legal mail shall be handled and processed pursuant (e) through (l) No change. to Rule 33-210.101, F.A.C treated as routine mail and shall be (11) through (16) No change. opened and examined, and is subject to being read by a Rulemaking Specific Authority 945.091, 946.002 FS. Law designated employee outside the presence of the inmate. Implemented 945.091, 946.002 FS. History–New 12-7-97, Amended (e) through (i) No change. 4-13-98, 10-20-98, Formerly 33-9.023, Amended 3-14-01, 9-2-01, (9) through (15) No change. 10-27-03, 3-2-04, 10-28-04, 2-7-05, 2-22-07, 7-17-07, 4-10-08, 9-30-08,______.

2520 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF CORRECTIONS 7. A misdemeanor detainer, unless it can be established by RULE NO.: RULE TITLE: the inmate’s classification officer that the detainer would be 33-601.606 Placement of Inmates into withdrawn upon payment of restitution, fines, or court ordered Community Release Programs obligations and it appears that the inmate will earn sufficient PURPOSE AND EFFECT: The purpose and effect of the funds to pay the obligation that has caused the detainer. proposed rule is to clarify eligibility requirements for inmates (b) In order to be eligible for community release programs with and without non-advanceable dates, to specify that an an inmates must: inmate is ineligible for failure to complete a substance abuse 1. Be in community custody. program only with respect to those programs required during 2. through 3. No change. his current period of incarceration, and to remove reference to 4. For inmates Inmates with non-advanceable dates, must Form EF6-009, which is no longer used. be within 19 months of their tentative release date or SUBJECT AREA TO BE ADDRESSED: Placement of presumptive parole release date for CWA or, a Inmates into Community Release Programs. community-based residential substance abuse program, or RULEMAKING AUTHORITY: 945.091 FS. pre-work release program or within 14 months of their earliest LAW IMPLEMENTED: 945.091 FS. tentative release date for CWR, or within 28 months of their IF REQUESTED IN WRITING AND NOT DEEMED earliest tentative release date for the residential transition UNNECESSARY BY THE AGENCY HEAD, A RULE program. DEVELOPMENT WORKSHOP WILL BE NOTICED IN 5. For inmates Inmates without non-advanceable dates, THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE must be within 28 months of their tentative release date for WEEKLY. CWA or, a community-based residential substance abuse THE PERSON TO BE CONTACTED REGARDING THE program, within 19 months of their tentative release date for PROPOSED RULE DEVELOPMENT AND A COPY OF CWR, or within 36 months of their earliest tentative release THE PRELIMINARY DRAFT IS: Kendra Lee Jowers, 2601 date for the residential transition program, or pre-work release Blair Stone Road, Tallahassee, Florida 32399-2500 program or within 19 months of their tentative release date for CWR. THE PRELIMINARY TEXT OF THE PROPOSED RULE 6. No change. DEVELOPMENT IS: (3) No change. 33-601.606 Placement of Inmates into Community (4) Process for Removal from CWA, Work Release and Release Programs. Community-Based Residential Substance Abuse Programs. (1) No change. (a) No change. (2) Eligibility and Ineligibility Criteria. (b) The ICT shall approve or disapprove an inmate’s (a) An inmate is ineligible for community release termination Upon the termination of an inmate from CWA, programs if he has: work release, or a community-based residential substance 1. through 2. No change. abuse program, the Termination Report, Form EF6-009 will be given to the ICT who shall approve or disapprove the 3. Been terminated Terminated from work release, a termination. Form EF6-009 is hereby incorporated by community-based residential substance abuse program, or a reference. Copies of this form are available from the Forms center work assignment for disciplinary reasons during his Control Administrator, Office of Research, Planning and current commitment. Support Services, 2601 Blair Stone Road, Tallahassee, Florida 4. No change. 32399-2500. The effective date of this form is March 14, 2001. 5. Refused to complete or has an unsatisfactory removal (c) through (e) No change. from a substance abuse or academic programs that the inmate (5) No change. was required to complete at any point during his current period of incarceration unless the refusal was based upon objections Rulemaking Specific Authority 945.091 FS. Law Implemented to the religious based content of the program, in which case, an 945.091 FS. History–New 3-14-01, Amended 9-2-01, 3-19-02, 11-18-02, 5-31-04. 11-25-04, 4-13-06, 10-8-07,______. alternate non-deity based program will be offered and must be successfully completed. The removal of an inmate from a WATER MANAGEMENT DISTRICTS program for violation of program or institutional rules, or for behavioral management problems constitutes an unsatisfactory Suwannee River Water Management District removal from a program. The inmate shall remain ineligible RULE NO.: RULE TITLE: until a comparable program is satisfactorily completed. 40B-4.2010 General Environmental Resource Permits 6. No change.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2521 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

PURPOSE AND EFFECT: The purpose of the rule updated in accordance with review by Joint Administrative development is to update this section of Chapter 40B-4, Procedures Committee. Rule 40B-400.041, F.A.C., will also be Florida Administrative Code, to to incorporate the form amended to maintain consistency with Florida Statutes. The 40B-4.2010A Application for Noticed General Permit. The effect of the proposed rule amendments will be to correct the form was previously incorporated by reference in Rule location of the form in the rules and provide for a simplified 40B-1.901, F.A.C.; however, recent changes to Section 120.55, and updated version of the form, as well as maintain Florida Statutes, require that items incorporated by reference consistency with Florida Statutes. shall be incorporated into the corresponding rule. In addition, SUBJECT AREA TO BE ADDRESSED: This proposed rule the rule contains a list of documents with “best management development will correct the location of the form in the rules practices”, which shall be incorporated by reference into this and provide for a simplified and updated version of the form, rule and the language will be revised in accordance with and amend the rule to maintain consistency with Section review by Joint Administrative Procedures Committee. The 403.813(1)(i), Florida Statutes, regarding the exemption for effect of the proposed rule amendments will be to correct the construction of private docks that are 1,000 square feet or less location of the form in the rules and provide for a simplified of over-water surface area and seawalls in artificially created and updated version of the form. waterways. SUBJECT AREA TO BE ADDRESSED: This proposed rule RULEMAKING AUTHORITY: 373.044, 373.113, 373.118 development will correct the location of the form in the rules FS. and provide for a simplified and updated version of the form, LAW IMPLEMENTED: 373.118, 373.413, 373.416, 373.426 and new documents will be incorporated by reference. FS. RULEMAKING AUTHORITY: 373.044, 373.118, 373.171 IF REQUESTED IN WRITING AND NOT DEEMED FS. UNNECESSARY BY THE AGENCY HEAD, A RULE LAW IMPLEMENTED: 120.60, 373.084, 373.085, 373.117, DEVELOPMENT WORKSHOP WILL BE NOTICED IN 373.413, 373.416, 373.426 FS. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE IF REQUESTED IN WRITING AND NOT DEEMED WEEKLY. UNNECESSARY BY THE AGENCY HEAD, A RULE THE PERSON TO BE CONTACTED REGARDING THE DEVELOPMENT WORKSHOP WILL BE NOTICED IN PROPOSED RULE DEVELOPMENT AND A COPY OF THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Linda WEEKLY. Welch, Rules Coordinator, Suwannee River Water THE PERSON TO BE CONTACTED REGARDING THE Management District, 9225 C.R. 49, Live Oak, Florida 32060, PROPOSED RULE DEVELOPMENT AND A COPY OF (386)362-1001 or (800)226-1066 (FL only) THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Linda THE PRELIMINARY TEXT OF THE PROPOSED RULE Welch, Rules Coordinator, Suwannee River Water DEVELOPMENT IS NOT AVAILABLE. Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only) WATER MANAGEMENT DISTRICTS THE PRELIMINARY TEXT OF THE PROPOSED RULE Southwest Florida Water Management District DEVELOPMENT IS NOT AVAILABLE. RULE NO.: RULE TITLE: 40D-1.659 Forms and Instructions WATER MANAGEMENT DISTRICTS PURPOSE AND EFFECT: The purpose and effect of this Suwannee River Water Management District rulemaking is to list a newly adopted Water Use Permit RULE NOS.: RULE TITLES: Application Form – Mining and Dewatering, Form No. 40B-400.046 Formal Determinations LEG-R.032.01 (5/09), which is incorporated by reference in 40B-400.051 Exemptions paragraph 40D-2.101(2)(d), F.A.C. PURPOSE AND EFFECT: The purpose of the rule SUBJECT AREA TO BE ADDRESSED: Permit Application development is to update Rule 40B-400.046, Florida Forms. Administrative Code, to incorporate the form 40B-400.046A RULEMAKING AUTHORITY: 373.044, 373.113, 373.149, Petition for a Formal Wetland and Surface Water 373.171, 373.337 FS. Determination. The form was previously incorporated by LAW IMPLEMENTED: 373.0831(3), 373.116, 373.196(1), reference in Rule 40B-1.901, F.A.C.; however, recent changes 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, to Section 120.55, Florida Statutes, require that items 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, incorporated by reference shall be incorporated into the 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, corresponding rule. In addition, the rule language will be 373.421, 668.50 FS.

2522 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

IF REQUESTED IN WRITING AND NOT DEEMED RULEMAKING AUTHORITY: 120.54(5), 120.60(4), UNNECESSARY BY THE AGENCY HEAD, A RULE 373.044, 373.113, 373.116, 373.118, 373.229, 373.413, DEVELOPMENT WORKSHOP WILL BE NOTICED IN 373.4135, 373.4136, 373.414 FS. THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE LAW IMPLEMENTED: 120.54(5), 120.60, 373.084, 373.085, WEEKLY. 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, THE PERSON TO BE CONTACTED REGARDING THE 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, PROPOSED RULE DEVELOPMENT AND A COPY OF 373.416, 373.418, 373.426 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara IF REQUESTED IN WRITING AND NOT DEEMED Martinez, Sr., Administrative Assistant, Office of General UNNECESSARY BY THE AGENCY HEAD, A RULE Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, DEVELOPMENT WORKSHOP WILL BE NOTICED IN (352)796-7211, extension 4660 THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE PRELIMINARY TEXT OF THE PROPOSED RULE WEEKLY. DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE PERSON TO BE CONTACTED REGARDING THE THE CONTACT PERSON LISTED ABOVE. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara WATER MANAGEMENT DISTRICTS Martinez, Sr. Administrative Assistant, Office of General Southwest Florida Water Management District Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, RULE NOS.: RULE TITLES: (352)796-7211, extension 4660 40D-1.1020 Timeframe for Providing Requested THE PRELIMINARY TEXT OF THE PROPOSED RULE Information DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM 40D-1.1024 Processing Procedures for Noticed THE CONTACT PERSON LISTED ABOVE. General Permits Under Chapter 40D-400, F.A.C AGENCY FOR HEALTH CARE ADMINISTRATION 40D-1.603 Permit Application Procedures Medicaid 40D-1.605 Content of Application RULE NOS.: RULE TITLES: 40D-1.6051 Timeframe for Providing Requested 59G-13.051 Assisted Living for the Elderly Information for Permit Applications Waiver Services Procedure Codes and Denial of Incomplete and Fee Schedule Applications 59G-13.052 Assisted Living for the Elderly PURPOSE AND EFFECT: The purpose of this rulemaking is Waiver Disposable Incontinence to revise and update District rules for the processing of permit Medical Supplies applications. Timeframes for providing additional information PURPOSE AND EFFECT: The purpose of Rule 59G-13.051, to make applications complete will be revised to allow F.A.C., is to incorporate by reference the Assisted Living for applicants 90 days instead of 30 days to respond to staff the Elderly Waiver Services Procedure Codes and Fee requests for additional or clarifying information. A new Schedule, July 2009. The effect will be to incorporate by Applicant Transmittal Form is proposed for use in submitting reference in rule the Assisted Living for the Elderly Waiver additional information in support of a permit application. A Services Procedure Codes and Fee Schedule, July 2009. process allowing for staff issuance of notices of proposed The purpose of Rule 59G-13.052, F.A.C., is to incorporate by agency action for denial is proposed to be used for incomplete reference in rule the Assisted Living for the Elderly Waiver permit applications. Minor amendments are made to improve Disposable Incontinence Medical Supplies Procedure Codes clarity and eliminate unnecessary language. An outdated rule is and Fee Schedule, July 2009, and Quality Standards, July repealed. Two rules are transferred and renumbered. The 2009. The effect will be to incorporate by reference in rule the overall effects will be to make District permit application Assisted Living for the Elderly Waiver Disposable processing procedures more consistent with other water Incontinence Medical Supplies Procedure Codes and Fee management districts, better organize permit processing rules Schedule, July 2009, and Quality Standards, July 2009. within Part VI of Chapter 40D-1, F.A.C., and improve permit SUBJECT AREA TO BE ADDRESSED: Assisted Living for processing procedures. the Elderly Waiver Services Procedure Codes and Fee SUBJECT AREA TO BE ADDRESSED: Permitting Schedule and the Assisted Living for the Elderly Waiver Procedures. Disposable Incontinence Medical Supplies Procedure Codes and Fee Schedule.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2523 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

RULEMAKING AUTHORITY: 409.919 FS. agent’s Web Portal at http://mymedicaid-florida.com. Click on LAW IMPLEMENTED: 409.906, 409.908, 409.912 FS. Public Information for Providers, then on Provider Support, IF REQUESTED IN WRITING AND NOT DEEMED and then on Fee Schedules. Paper copies may be obtained from UNNECESSARY BY THE AGENCY HEAD, A RULE the Agency for Health Care Administration, Bureau of DEVELOPMENT WORKSHOP WILL BE HELD AT THE Medicaid Services, 2727 Mahan Drive, M.S. 20, Tallahassee, DATE, TIME AND PLACE SHOWN BELOW: Florida 32308. DATE AND TIME: Tuesday, June 16, 2009, 2:00 p.m. Rulemaking Authority 409.919 FS. Law Implemented 409.906, PLACE: Agency for Health Care Administration, 2727 Mahan 409.908, 409.912 FS. History–New______. Drive, Building 3, Conference Room A, Tallahassee, Florida 32308 AGENCY FOR HEALTH CARE ADMINISTRATION THE PERSON TO BE CONTACTED REGARDING THE Medicaid PROPOSED RULE DEVELOPMENT AND A COPY OF RULE NO.: RULE TITLE: THE PRELIMINARY DRAFT IS: Carol Schultz, Medicaid 59G-13.086 Developmental Disabilities Waivers Services, 2727 Mahan Drive, Building 3, Mail Stop 20, Disposable Incontinence Medical Tallahassee, Florida 32308-5407, (850)922-7349, schultzc@ Supplies Procedure Codes and Fee ahca.myflorida.com Schedule PURPOSE AND EFFECT: The purpose of Rule 59G-13.086, THE PRELIMINARY TEXT OF THE PROPOSED RULE F.A.C., is to incorporate by reference in rule the DEVELOPMENT IS: Developmental Disabilities Waivers Disposable Incontinence Medical Supplies Procedure Codes and Fee Schedule, August 59G-13.051 Assisted Living for the Elderly Waiver 2009, and Quality Standards, August 2009. The effect will be Services Procedure Codes and Fee Schedule. to incorporate by reference in rule the Developmental (1) This rule applies to all Assisted Living for the Elderly Disabilities Waivers Disposable Incontinence Medical waiver services providers enrolled in the Medicaid program. Supplies Procedure Codes and Fee Schedule, August 2009, and (2) All Assisted Living for the Elderly waiver services Quality Standards, August 2009. providers enrolled in the Medicaid program must be in SUBJECT AREA TO BE ADDRESSED: Developmental compliance with the Assisted Living for the Elderly Waiver Disabilities Waivers Disposable Incontinence Medical Services Procedure Codes and Fee Schedule, July 2009, which Supplies Procedure Codes. is incorporated by reference. The Procedure Codes and Fee RULEMAKING AUTHORITY: 409.919 FS. Schedule is available from the Medicaid fiscal agent’s Web LAW IMPLEMENTED: 409.906, 409.908, 409.912 FS. Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then IF REQUESTED IN WRITING AND NOT DEEMED on Fee Schedules. Paper copies may be obtained from the UNNECESSARY BY THE AGENCY HEAD, A RULE Agency for Health Care Administration, Bureau of Medicaid DEVELOPMENT WORKSHOP WILL BE HELD AT THE Services, 2727 Mahan Drive, M.S. 20, Tallahassee, Florida DATE, TIME AND PLACE SHOWN BELOW: 32308. DATE AND TIME: Tuesday, June 16, 2009, 2:00 p.m. PLACE: Agency for Health Care Administration, 2727 Mahan Rulemaking Authority 409.919 FS. Law Implemented 409.906, 409.908, 409.912 FS. History–New______. Drive, Building 3, Conference Room A, Tallahassee, Florida 32308 59G-13.052 Assisted Living for the Elderly Waiver THE PERSON TO BE CONTACTED REGARDING THE Disposable Incontinence Medical Supplies Procedure Codes PROPOSED RULE DEVELOPMENT AND A COPY OF and Fee Schedule. THE PRELIMINARY DRAFT IS: Pamela Kyllonen, Medicaid (1) This rule applies to all Assisted Living for the Elderly Services, 2727 Mahan Drive, Building 3, Mail Stop 20, waiver services providers enrolled in the Medicaid program. Tallahassee, Florida 32308-5407, (850)414-9756, kyllonep@ (2) All Assisted Living for the Elderly waiver services ahca.myflorida.com providers enrolled in the Medicaid program must be in THE PRELIMINARY TEXT OF THE PROPOSED RULE compliance with the Assisted Living for the Elderly Waiver DEVELOPMENT IS: Disposable Incontinence Medical Supplies Procedure Codes and Fee Schedule, July 2009, and Quality Standards, July 59G-13.086 Developmental Disabilities Waivers 2009, which are incorporated by reference. The Assisted Disposable Incontinence Medical Supplies Procedure Codes Living for the Elderly Waiver Disposable Incontinence and Fee Schedule. Medical Supplies Procedure Codes and Fee Schedule and (1) This rule applies to all Developmental Disabilities Quality Standards are available from the Medicaid fiscal waiver services providers enrolled in the Medicaid program.

2524 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(2) All Developmental Disabilities waiver services DATE AND TIME: Tuesday, June 16, 2009, 2:00 p.m. providers enrolled in the Medicaid program must be in PLACE: Agency for Health Care Administration, 2727 Mahan compliance with the Developmental Disabilities Waivers Drive, Building 3, Conference Room D, Tallahassee, Florida Disposable Incontinence Medical Supplies Procedure Codes 32308 and Fee Schedule, August 2009, and Quality Standards, THE PERSON TO BE CONTACTED REGARDING THE August 2009, which are incorporated by reference. The PROPOSED RULE DEVELOPMENT AND A COPY OF Developmental Disabilities Waivers Disposable Incontinence THE PRELIMINARY DRAFT IS: Kelly Hensley, Medicaid Medical Supplies Procedure Codes and Fee Schedule and Services, 2727 Mahan Drive, Building 3, Mail Stop 20, Quality Standards are available from the Medicaid fiscal Tallahassee, Florida 32308-5407, (850)921-4464, hensleyk@ agent’s Web Portal at http://mymedicaid-florida.com. Click on ahca.myflorida.com Public Information for Providers, then on Provider Support, and then on Fee Schedules. Paper copies may be obtained from THE PRELIMINARY TEXT OF THE PROPOSED RULE the Agency for Health Care Administration, Bureau of DEVELOPMENT IS: Medicaid Services, 2727 Mahan Drive, M.S. 20, Tallahassee, 59G-13.101 Familial Dysautonomia Waiver Services Florida 32308. Procedure Codes and Fee Schedule. Rulemaking Authority 409.919 FS. Law Implemented 409.906, (1) This rule applies to all Familial Dysautonomia waiver 409.908, 409.912 FS. History–New______. services providers enrolled in the Medicaid program. AGENCY FOR HEALTH CARE ADMINISTRATION (2) All Familial Dysautonomia waiver services providers enrolled in the Medicaid program must be in compliance with Medicaid the Familial Dysautonomia Waiver Services Procedure Codes RULE NOS.: RULE TITLES: and Fee Schedule, July 2009, which is incorporated by 59G-13.101 Familial Dysautonomia Waiver reference. The Procedure Codes and Fee Schedule is available Services Procedure Codes and Fee from the Medicaid fiscal agent’s Web Portal at Schedule http://mymedicaid-florida.com. Click on Public Information 59G-13.102 Familial Dysautonomia Waiver for Providers, then on Provider Support, and then on Fee Disposable Incontinence Medical Schedules. Paper copies may be obtained from the Agency for Supplies Procedure Codes and Fee Health Care Administration, Bureau of Medicaid Services, Schedule 2727 Mahan Drive, M.S. 20, Tallahassee, Florida 32308. PURPOSE AND EFFECT: The purpose of Rule 59G-13.101, F.A.C., is to incorporate by reference the Familial Rulemaking Authority 409.919 FS. Law Implemented 409.906, Dysautonomia Waiver Services Procedure Codes and Fee 409.908, 409.912 FS. History–New______. Schedule, July 2009. The effect will be to incorporate by 59G-13.102 Familial Dysautonomia Waiver Disposable reference in rule the Familial Dysautonomia Waiver Services Incontinence Medical Supplies Procedure Codes and Fee Procedure Codes and Fee Schedule, July 2009. Schedule. The purpose of Rule 59G-13.102, F.A.C., is to incorporate by (1) This rule applies to all Familial Dysautonomia waiver reference in rule the Familial Dysautonomia Waiver services providers enrolled in the Medicaid program. Disposable Incontinence Medical Supplies Procedure Codes (2) All Familial Dysautonomia waiver services providers and Fee Schedule, July 2009, and Quality Standards, July enrolled in the Medicaid program must be in compliance with 2009. The effect will be to incorporate by reference in rule the the Familial Dysautonomia Waiver Disposable Incontinence Familial Dysautonomia Waiver Disposable Incontinence Medical Supplies Procedure Codes and Fee Schedule, July Medical Supplies Procedure Codes and Fee Schedule, July 2009, and Quality Standards, July 2009, which are 2009, and Quality Standards, July 2009. incorporated by reference. The Familial Dysautonomia Waiver SUBJECT AREA TO BE ADDRESSED: Familial Disposable Incontinence Medical Supplies Procedure Codes Dysautonomia Waiver Services Procedure Codes and Fee and Fee Schedule and Quality Standards are available from the Schedule and the Familial Dysautonomia Waiver Disposable Medicaid fiscal agent’s Web Portal at Incontinence Medical Supplies Procedure Codes and Fee http://mymedicaid-florida.com. Click on Public Information Schedule. for Providers, then on Provider Support, and then on Fee RULEMAKING AUTHORITY: 409.919 FS. Schedules. Paper copies may be obtained from the Agency for LAW IMPLEMENTED: 409.906, 409.908, 409.912 FS. Health Care Administration, Bureau of Medicaid Services, IF REQUESTED IN WRITING AND NOT DEEMED 2727 Mahan Drive, M.S. 20, Tallahassee, Florida 32308. UNNECESSARY BY THE AGENCY HEAD, A RULE Rulemaking Authority 409.919 FS. Law Implemented 409.906, DEVELOPMENT WORKSHOP WILL BE HELD AT THE 409.908, 409.912 FS. History–New______. DATE, TIME AND PLACE SHOWN BELOW:

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2525 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

AGENCY FOR HEALTH CARE ADMINISTRATION (2) All Project AIDS Care waiver services providers Medicaid enrolled in the Medicaid program must be in compliance with RULE NOS.: RULE TITLES: the Project AIDS Care Waiver Services Procedure Codes and 59G-13.111 Project AIDS Care Waiver Services Fee Schedule, July 2009, which is incorporated by reference. Procedure Codes and Fee Schedule The Procedure Codes and Fee Schedule is available from the 59G-13.112 Project AIDS Care Waiver Medicaid fiscal agent’s Web Portal at http://mymedicaid- Disposable Incontinence Medical florida.com. Click on Public Information for Providers, then on Supplies Procedure Codes and Fee Provider Support, and then on Fee Schedules. Paper copies Schedule may be obtained from the Agency for Health Care PURPOSE AND EFFECT: The purpose of Rule 59G-13.111, Administration, Bureau of Medicaid Services, 2727 Mahan F.A.C., is to incorporate by reference the Project AIDS Care Drive, M.S. 20, Tallahassee, Florida 32308. Waiver Services Procedure Codes and Fee Schedule, July Rulemaking Authority 409.919 FS. Law Implemented 409.906, 2009. The effect will be to incorporate by reference in rule the 409.908 FS. History–New______. Project AIDS Care Waiver Services Procedure Codes and Fee Schedule, July 2009. 59G-13.112 Project AIDS Care Waiver Disposable The purpose of Rule 59G-13.112, F.A.C., is to incorporate by Incontinence Medical Supplies Procedure Codes and Fee reference in rule the Project AIDS Care Waiver Disposable Schedule. Incontinence Medical Supplies Procedure Codes and Fee (1) This rule applies to all Project AIDS Care waiver Schedule, July 2009, and Quality Standards, July 2009. The services providers enrolled in the Medicaid program. effect will be to incorporate by reference in rule the Project (2) All Project AIDS Care waiver services providers AIDS Care Waiver Disposable Incontinence Medical Supplies enrolled in the Medicaid program must be in compliance with Procedure Codes and Fee Schedule, July 2009, and Quality the Project AIDS Care Waiver Disposable Incontinence Standards, July 2009. Medical Supplies Procedure Codes and Fee Schedule, July SUBJECT AREA TO BE ADDRESSED: Project AIDS Care 2009, and Quality Standards, July 2009, which are Waiver Services Procedure Codes and Fee Schedule and the incorporated by reference. The Project AIDS Care Waiver Project AIDS Care Waiver Disposable Incontinence Medical Disposable Incontinence Medical Supplies Procedure Codes Supplies Procedure Codes and Fee Schedule. and Fee Schedule and Quality Standards are available from the RULEMAKING AUTHORITY: 409.919 FS. Medicaid fiscal agent’s Web Portal at LAW IMPLEMENTED: 409.906, 409.908, 409.912 FS. http://mymedicaid-florida.com. Click on Public Information IF REQUESTED IN WRITING AND NOT DEEMED for Providers, then on Provider Support, and then on Fee UNNECESSARY BY THE AGENCY HEAD, A RULE Schedules. Paper copies may be obtained from the Agency for DEVELOPMENT WORKSHOP WILL BE HELD AT THE Health Care Administration, Bureau of Medicaid Services, DATE, TIME AND PLACE SHOWN BELOW: 2727 Mahan Drive, M.S. 20, Tallahassee, Florida 32308. DATE AND TIME: Tuesday, June 16, 2009, 2:00 p.m. Rulemaking Authority 409.919 FS. Law Implemented 409.906, PLACE: Agency for Health Care Administration, 2727 Mahan 409.908 FS. History–New______. Drive, Building 3, Conference Room A, Tallahassee, Florida DEPARTMENT OF MANAGEMENT SERVICES 32308 THE PERSON TO BE CONTACTED REGARDING THE Division of Telecommunications PROPOSED RULE DEVELOPMENT AND A COPY OF RULE NO.: RULE TITLE: THE PRELIMINARY DRAFT IS: Brenda Jones-Garrett, 60FF-5.001 Requirements for Sworn Invoices Medicaid Services, 2727 Mahan Drive, Building 3, Mail Stop Submitted by or on Behalf of 20, Tallahassee, Florida 32308-5407, (850)414-2769, Wireless Service Providers [email protected] PURPOSE AND EFFECT: The Board proposes to promulgate and adopt the new rule to clarify the requirements and THE PRELIMINARY TEXT OF THE PROPOSED RULE procedures for reimbursement for actual cost incurred to DEVELOPMENT IS: provide 911 or E911 services. SUBJECT AREA TO BE ADDRESSED: Requirements and 59G-13.111 Project AIDS Care Waiver Services procedures for reimbursement of actual cost for 911 or E911 Procedure Codes and Fee Schedule. services. (1) This rule applies to all Project AIDS Care waiver RULEMAKING AUTHORITY: 365.172(6)(a)12., services providers enrolled in the Medicaid program. 365.173(2)(b) FS. LAW IMPLEMENTED: 365.173(2)(b) FS.

2526 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

IF REQUESTED IN WRITING AND NOT DEEMED IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY. WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: John C. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: John C. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 235M, Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 235M, Tallahassee, Florida 32399-0950 Tallahassee, Florida 32399-0950 THE PRELIMINARY TEXT OF THE PROPOSED RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE. THE CONTACT PERSON LISTED ABOVE.

DEPARTMENT OF MANAGEMENT SERVICES DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Telecommunications Notices for the Department of Environmental Protection RULE NO.: RULE TITLE: between December 28, 2001 and June 30, 2006, go to 60FF-5.002 Rural County Grants http://www.dep.state.fl.us/ under the link or button titled PURPOSE AND EFFECT: The Board proposes to review the “Official Notices.” rule to delete unnecessary language and to add new language to clarify the qualifications and procedures for the E911 rural DEPARTMENT OF HEALTH county grant program. Board of Clinical Social Work, Marriage and Family SUBJECT AREA TO BE ADDRESSED: Rural county grants. Therapy and Mental Health Counseling RULEMAKING AUTHORITY: 465.172(6)(a)11. FS. RULE NO.: RULE TITLE: LAW IMPLEMENTED: 365.172(9)(a), (b), (c) FS. 64B4-4.002 Application, Examination and Initial IF REQUESTED IN WRITING AND NOT DEEMED Active Status License Fee for UNNECESSARY BY THE AGENCY HEAD, A RULE Licensure by Examination DEVELOPMENT WORKSHOP WILL BE NOTICED IN PURPOSE AND EFFECT: The Board proposes the rule THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE amendment in order to clarify that the examination fee is WEEKLY. established by and paid to the testing agency. THE PERSON TO BE CONTACTED REGARDING THE SUBJECT AREA TO BE ADDRESSED: Application, PROPOSED RULE DEVELOPMENT AND A COPY OF Examination and Initial Active Status License Fee for THE PRELIMINARY DRAFT, IF AVAILABLE, IS: John C. Licensure by Examination. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 235M, RULEMAKING AUTHORITY: 491.004(5) FS. Tallahassee, Florida 32399-0950 LAW IMPLEMENTED: 491.005 FS. THE PRELIMINARY TEXT OF THE PROPOSED RULE IF REQUESTED IN WRITING AND NOT DEEMED DEVELOPMENT IS NOT AVAILABLE. UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN DEPARTMENT OF MANAGEMENT SERVICES THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE Division of Telecommunications WEEKLY. RULE NO.: RULE TITLE: THE PERSON TO BE CONTACTED REGARDING THE 60FF-5.005 Emergency Grants PROPOSED RULE DEVELOPMENT AND A COPY OF PURPOSE AND EFFECT: The Board proposes to promulgate THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sue and adopt the new rule to clarify the requirements and Foster, Executive Director, Board of Clinical Social Work, procedures for emergency grants. Marriage and Family Therapy and Mental Health SUBJECT AREA TO BE ADDRESSED: Emergency grants. Counseling/MQA, 4052 Bald Cypress Way, Bin #C08, RULEMAKING AUTHORITY: 365.172(6)(a)11., Tallahassee, Florida 32399-3258 365.173(2)(g) FS. THE PRELIMINARY TEXT OF THE PROPOSED RULE LAW IMPLEMENTED: 365.173(2)(g) FS. DEVELOPMENT IS NOT AVAILABLE.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2527 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF HEALTH THE PERSON TO BE CONTACTED REGARDING THE Board of Clinical Social Work, Marriage and Family PROPOSED RULE DEVELOPMENT AND A COPY OF Therapy and Mental Health Counseling THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sue RULE NO.: RULE TITLE: Foster, Executive Director, Board of Clinical Social Work, 64B4-21.007 Definition of “a Licensed Marriage Marriage and Family Therapy and Mental Health and Family Therapist with at Least Counseling/MQA, 4052 Bald Cypress Way, Bin #C08, Five Years Experience or the Tallahassee, Florida 32399-3258 Equivalent, Who is a Qualified THE PRELIMINARY TEXT OF THE PROPOSED RULE Supervisor” DEVELOPMENT IS NOT AVAILABLE. PURPOSE AND EFFECT: The Board proposes the rule amendment in order to clarify the coursework required to serve DEPARTMENT OF HEALTH as a LMFT qualified supervisor. Board of Pharmacy SUBJECT AREA TO BE ADDRESSED: Coursework RULE NO.: RULE TITLE: required to serve as a LMFT qualified supervisor. 64B16-26.103 Continuing Education Credits; RULEMAKING AUTHORITY: 491.005(6) FS. License Renewal; Consultant LAW IMPLEMENTED: 491.005(6) FS. Pharmacist License Renewal; IF REQUESTED IN WRITING AND NOT DEEMED Nuclear Pharmacist License UNNECESSARY BY THE AGENCY HEAD, A RULE Renewal DEVELOPMENT WORKSHOP WILL BE NOTICED IN PURPOSE AND EFFECT: The Board proposes the rule THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE amendment to update the references to pharmacy technicians WEEKLY. and to review the existing language in this rule to determine THE PERSON TO BE CONTACTED REGARDING THE whether other changes are necessary. PROPOSED RULE DEVELOPMENT AND A COPY OF SUBJECT AREA TO BE ADDRESSED: Continuing THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sue Education Credits; License Renewal; Consultant Pharmacist Foster, Executive Director, Board of Clinical Social Work, License Renewal; Nuclear Pharmacist License Renewal. Marriage and Family Therapy and Mental Health RULEMAKING AUTHORITY: 456.033, 465.009 FS. Counseling/MQA, 4052 Bald Cypress Way, Bin #C08, LAW IMPLEMENTED: 456.013(7), (9), 456.033, 465.009 FS. Tallahassee, Florida 32399-3258 IF REQUESTED IN WRITING AND NOT DEEMED THE PRELIMINARY TEXT OF THE PROPOSED RULE UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT IS NOT AVAILABLE. DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE DEPARTMENT OF HEALTH WEEKLY. Board of Clinical Social Work, Marriage and Family THE PERSON TO BE CONTACTED REGARDING THE Therapy and Mental Health Counseling PROPOSED RULE DEVELOPMENT AND A COPY OF RULE NO.: RULE TITLE: THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rebecca 64B4-31.007 Definition of a “Licensed Mental Poston, Executive Director, Board of Pharmacy/MQA, 4052 Health Counselor or the Equivalent, Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254 Who is a Qualified Supervisor” THE PRELIMINARY TEXT OF THE PROPOSED RULE PURPOSE AND EFFECT: The Board proposes the rule DEVELOPMENT IS NOT AVAILABLE. amendment in order to clarify the coursework required to serve as a LMHC qualified supervisor. DEPARTMENT OF FINANCIAL SERVICES SUBJECT AREA TO BE ADDRESSED: Coursework Division of Consumer Services required to serve as a LMHC qualified supervisor. RULE NO.: RULE TITLE: RULEMAKING AUTHORITY: 491.004(5) FS. 69J-10.001 Get Lean LAW IMPLEMENTED: 491.005(4)(c) FS. PURPOSE AND EFFECT: Section 17.325(1), F.S., requires IF REQUESTED IN WRITING AND NOT DEEMED the Chief Financial Officer (“CFO”) to establish a “Get Lean” UNNECESSARY BY THE AGENCY HEAD, A RULE telephone hotline to receive information or suggestions from DEVELOPMENT WORKSHOP WILL BE NOTICED IN citizens of the state on how to improve the operation of THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE government, increase government efficiency, and eliminate WEEKLY. waste in government. Section 17.325(3), F.S., requires the affected agency to conduct a preliminary evaluation of any

2528 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 suggestion and provide a response to the CFO. Section 17.30, 2A-5.010 Procedure for Employee Curriculum F.S., allows the CFO to disseminate, in any form or manner she Approval considers appropriate, information regarding the CFO’s official 2A-5.011 Enforcement duties. The Division of Consumer Services has set up a “Get PURPOSE AND EFFECT: The proposed rule amendments Lean Florida” website where citizens can also submit their and rule repeal are intended to update the rules to reflect suggestions. changes in the convenience store industry and to remove SUBJECT AREA TO BE ADDRESSED: The proposed rule outdated language. will allow citizens to submit suggestions either through the SUMMARY: The proposed amendment to Rule 2A-5.005, “Get Lean” telephone hotline or the “Get Lean Florida” F.A.C., deletes outdated language in the rule. Rule 2A-5.010, website. The proposed rule will allow the CFO to email the F.A.C., is being repealed since the rule is no longer necessary. suggestions to an agency contact person together with the The amendment to Rule 2A-5.011, F.A.C., updates the secured website address where the agency can provide the inspection form and the voluntary compliance agreement. CFO with a response. The proposed rule will require each SUMMARY OF STATEMENT OF ESTIMATED suggestion to be evaluated by the agency to determine whether: REGULATORY COSTS: The following is a summary of the (a) it was properly assigned; (b) it has merit; (c) it is practical Statement of Estimated Regulatory Costs: to implement; (d) it will be implemented; and (e) there are any 1. The proposed change will require C-Store owners to cost savings. maintain the security camera system in working condition so RULEMAKING AUTHORITY: 17.29, 17.325(5) FS. that images are recorded in the proper format. Training LAW IMPLEMENTED: 17.001, 17.30, 17.325 FS. curriculums for employees of C-Stores will no longer be IF REQUESTED IN WRITING AND NOT DEEMED approved by the Department of Legal Affairs. UNNECESSARY BY THE AGENCY HEAD, A RULE 2. Approximately 10,000 C-Stores in the state are potentially DEVELOPMENT WORKSHOP WILL BE HELD AT THE affected by the rule changes. DATE, TIME AND PLACE SHOWN BELOW: 3. The rule changes will not require any governmental entity to DATE AND TIME: June 15, 2009, 2:00 p.m. incur additional costs or receive additional revenues. PLACE: Room 142, Larson Building, 200 East Gaines Street, 4. No transaction costs will be incurred by any person or entity Tallahassee, Florida as a result of the rule change. The rule formalizes changes that Pursuant to the provisions of the Americans with Disabilities have already taken place. Act, any person requiring special accommodations to 5. The Department believes the impact of the rule will be to participate in this workshop/meeting is asked to advise the allow for changes in technology that have already occurred, agency at least 5 days before the workshop/meeting by and that those changes will continue to assist law enforcement contacting: Tom Terfinko at (850)413-5802 or in identifying criminals who try to rob C-Stores. [email protected]. If you are hearing or speech The complete Statement of Estimated Regulatory Costs is impaired, please contact the agency using the Florida Relay available by contacting: Rick Nuss, Chief, Bureau of Criminal Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Justice Programs, at the address listed below. THE PERSON TO BE CONTACTED REGARDING THE Any person who wishes to provide information regarding a PROPOSED RULE DEVELOPMENT AND A COPY OF statement of estimated regulatory costs, or provide a proposal THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Tom for a lower cost regulatory alternative must do so in writing Terfinko, Assistant Director, Division of Consumer Services, within 21 days of this notice. 200 East Gaines Street, Tallahassee, Florida 32399-0320; RULEMAKING AUTHORITY: 812.176 FS. (850)413-5802 or [email protected]. LAW IMPLEMENTED: 120.57, 812.173, 812.174 812.175 THE PRELIMINARY TEXT OF THE PROPOSED RULE FS. DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THE CONTACT PERSON LISTED ABOVE. THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. Section II THE PERSON TO BE CONTACTED REGARDING THE Proposed Rules PROPOSED RULES IS: Rick Nuss, Chief, Bureau of Criminal Justice Programs, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050 DEPARTMENT OF LEGAL AFFAIRS Division of Victim Services and Criminal Justice Programs THE FULL TEXT OF THE PROPOSED RULES IS: RULE NOS.: RULE TITLES: 2A-5.005 Minimum Safety Standards for Convenience Businesses

Section II - Proposed Rules 2529 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

2A-5.005 Minimum Safety Standards for Convenience 2A-5.011 Enforcement. Businesses. (1) Before the Department may take action to enforce a Each convenience business shall be equipped with the provision of the “Convenience Business Security Act,” following security devices and standards: Sections 812.1701-.175, F.S., an inspection of a convenience (1) A security camera system capable of recording and business or businesses must be performed and properly retrieving a recognizable and identifiable image of an offender documented on the form entitled "Convenience Business to assist individuals involved in an investigation, in a format Security Inspection Form,” CBS-2 (Revised 4/09) (04/96), that can be enlarged and reproduced for distribution by law effective ______6-25-96, which is incorporated by enforcement agencies. If one camera is not sufficient, reference in these rules. additional cameras must be installed to capture the image of an (2) The owner or principal operator of a convenience offender at all register locations in use. The camera system business must respond to a notice of violation and provide shall be: proof of compliance by submitting to the Office of the (a) Positioned to provide photographic coverage of all Attorney General a completed form entitled "Voluntary registers in use and to minimize tampering by customers or Compliance Agreement," CBS-3 (Revised 4/09) (2/98), offenders; effective ______4-28-98, which is incorporated by (b) Maintained on a routine basis to ensure that the camera reference in these rules. system is working properly at all times; (3) through (5) No change. (c) Capable of continuous operation. or activation by a Rulemaking Specific Authority 812.176 FS. Law Implemented remote triggering device such as a concealed button or bill trap 120.57, 812.175 FS. History–New 4-20-93, Amended 6-25-96, alarm; and 4-28-98,______. (d) Verification that the camera system is in proper NAME OF PERSON ORIGINATING PROPOSED RULE: working order and is in fact recording images as defined in Rick Nuss, Chief, Bureau of Criminal Justice Programs Section (1) above in accordance with the standards listed above shall be maintained on the premises in the form of test NAME OF AGENCY HEAD WHO APPROVED THE photographs produced annually. The system shall be PROPOSED RULE: Bill Stewart, Deputy Chief of Staff maintenanced no less than once every four months, DATE PROPOSED RULE APPROVED BY AGENCY documented on a maintenance log kept on the premises. HEAD: May 18, 2009 (2) through (7) No change. DATE NOTICE OF PROPOSED RULE DEVELOPMENT (8) Unless an exemption is granted by the Office of the PUBLISHED IN FAW: April 24, 2009 Attorney General under Section 812.173(3), F.S., a silent alarm which activates a signal to a law enforcement or a private DEPARTMENT OF LEGAL AFFAIRS security agency is required. Silent alarms shall have a primary Division of Victim Services and Criminal Justice Programs and secondary power source. Silent alarms must be installed by RULE NO.: RULE TITLE: a contractor licensed by the Florida Electrical Contractors' 2A-8.005 Adjustments to Reflect Consumer Licensing Board pursuant to the provisions of Chapter 489, Price Index F.S. Silent alarms shall be maintenanced regularly in PURPOSE AND EFFECT: The proposed rule amendments are accordance with the manufacturer's specifications and in intended to reflect changes to benefits with regard to the recent proper working order at all times the business is open. changes in the Consumer Price Index. (9) If a murder, robbery, sexual battery, aggravated assault, SUMMARY: The proposed rule amendments reflect revised aggravated battery, kidnaping or false imprisonment has benefit payments in response to adjustments to the Consumer occurred at a convenience business, the business must meet Price Index. additional requirements under Section 812.173(4), F.S. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The following is a summary of the Rulemaking Specific Authority 812.176 FS. Law Implemented 812.173 FS. History–New 4-20-93, Joint Administrative Procedures Statement of Estimated Regulatory Costs: Committee Objection Filed – See FAW Vol. 19, No. 48, December 3, 1. The proposed rule allows for the statutory required 1993, Amended 2-24-94, 6-25-96, 4-28-98,______. adjustment in the death benefit paid to survivors of law enforcement officers. 2A-5.010 Procedure for Employee Curriculum Approval. 2. The rule change affects any governmental entity required to Rulemaking Specific Authority 812.176 FS. Law Implemented pay the benefit which will range from $59,455 to $178,366 per 812.174 FS. History–New 4-20-93, Amended 6-25-96, Repealed officer death. There are no revenue changes. ______.

2530 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

3. The rule decreases the amount of the death benefit paid to NAME OF PERSON ORIGINATING PROPOSED RULE: survivors of deceased law enforcement officers by the Rick Nuss, Chief, Bureau of Criminal Justice Programs Consumer Price Index published for March 2009, as required NAME OF AGENCY HEAD WHO APPROVED THE by Section 112.19(2)(j), Florida Statutes. PROPOSED RULE: Bill Stewart, Deputy Chief of Staff 4. There are no additional transactional costs that will be DATE PROPOSED RULE APPROVED BY AGENCY incurred by any person or entity as a result of the rule change. HEAD: May 18, 2009 5. The impact for small businesses such as funeral homes and DATE NOTICE OF PROPOSED RULE DEVELOPMENT services utilized by the survivors of the law enforcement PUBLISHED IN FAW: April 24, 2009 officer will be positive because additional revenue will be available to those sources. The impact will be negative for BOARD OF TRUSTEES OF THE INTERNAL small counties and cities that have to pay the death benefit, and IMPROVEMENT TRUST FUND it might take revenue that would otherwise be spent elsewhere. Notices for the Board of Trustees of the Internal Improvement The complete Statement of Estimated Regulatory Costs is Trust Fund between December 28, 2001 and June 30, 2006, go available by contacting: Rick Nuss, Chief, Bureau of Criminal to http://www.dep.state.fl.us/ under the link or button titled Justice Programs, at the address listed below. “Official Notices.” Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal AGENCY FOR HEALTH CARE ADMINISTRATION for a lower cost regulatory alternative must do so in writing Health Facility and Agency Licensing within 21 days of this notice. RULE NO.: RULE TITLE: RULEMAKING AUTHORITY: 112.19 FS. 59A-7.020 Definitions LAW IMPLEMENTED: 112.19 FS. PURPOSE AND EFFECT: The agency is proposing to amend IF REQUESTED WITHIN 21 DAYS OF THE DATE OF the rule that defines “authorized person” and “kickback”. THIS NOTICE, A HEARING WILL BE SCHEDULED AND SUMMARY: Revisions to specify the professionals authorized ANNOUNCED IN THE FAW. to order clinical laboratory tests and receive test results and to THE PERSON TO BE CONTACTED REGARDING THE revise the definition of kickback so that the definition does not PROPOSED RULE IS: Rick Nuss, Chief, Bureau of Criminal include laboratory personnel directly collecting specimens Justice Programs, Department of Legal Affairs, PL-01, The from kidney disease patients under certain circumstances. Capitol, Tallahassee, Florida 32399-1050 SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated THE FULL TEXT OF THE PROPOSED RULE IS: Regulatory Cost was prepared. 2A-8.005 Adjustments to Reflect Consumer Price Index. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal (1) Section 112.19(2)(j), F.S., requires the Bureau to adjust for a lower cost regulatory alternative must do so in writing the statutory amount on July 1 of each year based on the within 21 days of this notice. Consumer Price Index for all urban consumers published by the United States Department of Labor, using the most recent RULEMAKING AUTHORITY: 483.051 FS. figures available. The Bureau will utilize the previous March LAW IMPLEMENTED: 483.041(7), 483.181, 483.245 FS. Consumer Price Index published by the United States IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Department of Labor and the benefits shall be adjusted from THIS NOTICE, A HEARING WILL BE HELD AT THE the benefit amount of the year before. DATE, TIME AND PLACE SHOWN BELOW (IF NOT (2) The Consumer Price Index amount in March 2009 REQUESTED, THIS HEARING WILL NOT BE HELD): decreased 0.4 2008 was 4.0 percent. Therefore, the statutory DATE AND TIME: June 23, 2009, 1:30 p.m. – 4:30 p.m. amount for the period July 1, 2009 2008 through June 30, 2010 PLACE: Agency for Health Care Administration, Building 3, 2009, is: Conference Room B, 2727 Mahan Drive, Tallahassee, Florida (a) For those benefits paid or to be paid under paragraph Pursuant to the provisions of the Americans with Disabilities (a) of subsection (2); $59,455.68 $59,694.46. Act, any person requiring special accommodations to (b) For those benefits paid or to be paid under paragraph participate in this workshop/meeting is asked to advise the (b) of Subsection (2); $59,455.68 $59,694.46. agency at least 5 days before the workshop/meeting by (c) For those benefits paid or to be paid under paragraph contacting: Karen Rivera, Laboratory Unit, 2727 Mahan Drive, (c) of Subsection (2); $178,366.96 $179,083.29. Building 1, Mail Stop 32, Tallahassee, Florida 32308, (850)487-3109. If you are hearing or speech impaired, please Rulemaking Specific Authority 112.19 FS. Law Implemented 112.19 contact the agency using the Florida Relay Service, FS. History–New 12-10-03, Amended 8-17-04, 7-26-05, 7-26-06, 7-15-07, 7-20-08,______. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

Section II - Proposed Rules 2531 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF BUSINESS AND PROFESSIONAL PROPOSED RULE IS: Karen Rivera, Laboratory Unit, 2727 REGULATION Mahan Drive, Building 1, Mail Stop 32, Tallahassee, Florida Division of Pari-Mutuel Wagering 32308, (850)487-3109 RULE NOS.: RULE TITLES: 61D-14.002 Application Requirements THE FULL TEXT OF THE PROPOSED RULE IS: 61D-14.005 Occupational License Requirements for Individual Persons 59A-7.020 Definitions. 61D-14.006 Occupational License Application (1) through (3) No change. Requirements for Business Entities (4) Authorized Person – a person authorized by the laws of 61D-14.008 Occupational License Renewal this State to order tests or receive test results or both including Application a medical doctor licensed under Chapter 458, F.S., a doctor of 61D-14.010 Identification of the Occupational osteopathy licensed under Chapter 459, F.S., a chiropractor License Applicant licensed under Chapter 460, F.S., a doctor of podiatry licensed PURPOSE AND EFFECT: The purpose and effect of the under Chapter 461, F.S., an individual licensed in naturopathy proposed rules will be to implement and interpret Florida under Chapter 462, F.S., an advanced registered nurse Statutes that relate to rules regulating the conduct of slot practitioner, including the category of certified nurse midwife, machine operations at pari-mutuel racing facilities. licensed under Chapter 464, F.S. and a dentist licensed under SUMMARY: The rules have been reworded to improve clarity Chapter 466, F.S. and address several subject matter areas. Rule 61D-14.002, (5) through (14) No change. F.A.C., clarifies the requirement for the bond which must (15) Kickback. accompany an application and specifies that applicants provide (a) through (f) No change. all final orders, pleadings, and complaints in all administrative, (g) Provision of personnel or assistance of any kind to civil, or criminal actions as well as complaints currently active perform any duties for the collection or processing of regarding the applicant at the time of application. Rule specimens except: 61D-14.005, F.A.C., requires that each applicant provide the 1. Phlebotomist providing collection services in date of birth, race, and gender of all relatives over the age of 21 physician’s office to obtain blood samples for patients that are living in the same household as the applicant. It also requires diagnosed with chronic kidney disease (CKD) and do not yet that applicants submit a copy of any final orders or judgments require dialysis and the testing preformed on the samples is as well as complaints currently active which may affect the either specific to the diagnosis of CKD, one of CKD’s applicant’s license. Rule 61D-14.006, F.A.C., provides the co-morbid conditions, or otherwise ordered by the procedures for submitting modified corporate information for nephrologist, and not by any other physician or; an application for licensure in the state. The rule requires that 2. Such Ppersonnel or assistance is authorized to be applicants provide copies of all court and/or administrative provided on a temporary basis for the collection of specimens records regarding denial, suspension, or revocation of any at a patient’s residence. government-issued license, permit, or certificate as well as These collections must meet the requirements of Chapter complaints currently active. It also requires that applicants 59A-7, F.A.C. provide a copy of any licenses, permits, or certificates. Rule (16) through (34) No change. 61D-14.008, F.A.C., requires the applicant to disclose any administrative, civil, or criminal action that has occurred since Rulemaking Specific Authority 483.051 FS. Law Implemented 483.035, 483.041, 483.051, 483.106, 483.191 FS. History–New the issuance of the current license. It also requires the applicant 11-20-94, Amended 8-13-95, 12-27-95, 6-22-06,______. to provide copies of the complaints, pleadings, final orders, and judgments entered as a result of these actions. Rule NAME OF PERSON ORIGINATING PROPOSED RULE: 61D-14.010, F.A.C., updates the method in which an applicant Karen Rivera may establish his/her identity and removes the requirement for NAME OF AGENCY HEAD WHO APPROVED THE a driver’s license or identification card to contain eye color. PROPOSED RULE: Secretary Benson The rule provides a technical change by defining the acronym DATE PROPOSED RULE APPROVED BY AGENCY “ICE” to represent Immigration and Customs Enforcement. HEAD: April 29, 2009 SUMMARY OF STATEMENT OF ESTIMATED DATE NOTICE OF PROPOSED RULE DEVELOPMENT REGULATORY COSTS: No Statement of Estimated PUBLISHED IN FAW: February 6, 2009 Regulatory Cost was prepared.

2532 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Any person who wishes to provide information regarding a 1. The securities of the corporation or entity are registered statement of estimated regulatory costs, or provide a proposal pursuant to Section 12 of the Securities Exchange Act of 1934, for a lower cost regulatory alternative must do so in writing 15 United States Code Sections 78a-78kk; and within 21 days of this notice. 2. The If such corporation or entity files the reports RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. required by Section 13 of the Act with the United States LAW IMPLEMENTED: 119.07, 551.103(1)(a), (b), (f), Securities and Exchange Commission, the reports required by 551.104(4), (10), 551.106(1), 551.107(4)(a), (d), 551.108, Section 13 of the act above or if the securities of the 551.118 FS. corporation or entity are regularly traded on an established IF REQUESTED WITHIN 21 DAYS OF THE DATE OF securities market in the United States; THIS NOTICE, A HEARING WILL BE HELD AT THE (f)(d) Include the The names and addresses of any DATE, TIME AND PLACE SHOWN BELOW: mortgagee of the applicant’s any pari-mutuel facility and DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. information on any financial agreement between the parties PLACE: Department of Business and Professional Regulation, including the names and addresses of: Division of Pari-Mutuel Wagering, North Broward Regional 1. The the officers and directors of the mortgagee;, Service Center, 1400 West Commercial Blvd., Suite 195, Ft. 2. The and of those stockholders in the mortgagee who Lauderdale, Florida 33309 hold more than five percent of the stock; of the mortgagee. If Pursuant to the provisions of the Americans with Disabilities applicable, a mortgagee shall also file the same information for Act, any person requiring special accommodations to 3. The equitable owners under paragraph (e)(c) if participate in this workshop/meeting is asked to advise the applicable and the mortgagee is a publicly traded company.; agency at least 5 days before the workshop/meeting by (g)(e) Provide for For each individual listed in the contacting: Mary Polombo at (850)413-0750. If you are application as an owner, partner, officer, or director a complete: hearing or speech impaired, please contact the agency using the 1. Set A complete set of fingerprints that have been taken Florida Relay Service, 1(800)955-8771 (TDD) or by a law enforcement officer or division staff to allow for 1(800)955-8770 (Voice). electronic submission to FDLE; and THE PERSON TO BE CONTACTED REGARDING THE 2. Form DBPR PMW-3460, Request for Release of PROPOSED RULES IS: Mary Polombo, Clerk, Division of Information and Authorization to Release Information, which Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, is adopted and incorporated by Rule 61D-15.001, F.A.C., Florida 32399-1035 authorizing the division and FDLE to obtain any record held by a financial or public institution.; THE FULL TEXT OF THE PROPOSED RULES IS: (h)(f) Include a A security plan that is in compliance with 61D-14.002 Application Requirements. the specifications cited sited in Rule 61D-14.051, F.A.C.; (1) Each application for a slot machine license shall: (i)(g) Include a A copy of the contracts required by Section 551.104(10), F.S.; (a) Be filed by a pari-mutuel wagering permitholder; (j) (b) Be filed shall include the following information on (h) Include Each applicant shall provide the name and Form DBPR PMW-3400, Permitholder Application for Annual address of the custodian of records in Florida for slot machine operations; Slot Machine License, which is adopted and incorporated by Rule 61D-15.001, F.A.C.;: (k)(i) Include the date of issue of each permit to conduct (c)(a) Include the The full name of the applicant; pari-mutuel wagering and the applicant’s Each applicant shall disclose each permit to conduct pari-mutuel wagering that is (d)(b) Include a A list of all ownership interests of five issued to the applicant in which it has any ownership interest percent or greater;. percentage; 1. If the applicant is a corporation, provide the name of the (l)(j) Include a complete Form DBPR PMW-3470, Surety state in which incorporated and the names and addresses of the Bond for Florida Slot Machine Licensee, adopted and officers, directors, and shareholders holding five percent or incorporated by Rule 61D-15.001, F.A.C. This form Each more equity; or, applicant shall provides proof of a bond, in the amount of at 2. If the applicant is if a business entity other than a least 2 million dollars ($2,000,000.00) payable to the Governor corporation, provide the names and addresses of the principals, of the State of Florida and his or her or his/her successors in partners, shareholders, or any other person holding five percent office issued by a surety authorized to issue such a bond in the or more equity.; state of Florida. The bond required by this section must: shall (e)(c) Include the The names and addresses of the ultimate be conditioned to require faithful payment of all taxes, fees, or equitable owners for a corporation or other business entity, if any other moneys payable under Chapter 551, F.S., and different from those provided under paragraph (d)(b), unless: indicate whether it is renewable for successive license renewal periods and how many renewals are provided by the bond;

Section II - Proposed Rules 2533 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

1. Be issued by a surety authorized to issue such a bond in 5. Training for employees on responsible gaming and the state of Florida; working with a compulsive or addictive gambling treatment 2. Provide the surety name, bond number, and date of the program as required by Section 551.118, F.S.; instrument; (n) Each applicant shall disclose all administrative, civil or 3. State that upon the principal’s failure to comply with criminal proceedings that have been initiated by any Chapter 551, F.S., and Chapter 61D-14, F.A.C., including but governmental agency or any other state or federal agency that not limited to the principal’s failure to promptly pay all gaming would affect the license status of the applicant or any affiliate fees and taxes when due and demanded, the Director of the of the applicant pursuant to Sections 550.054 and 550.1815, Division of Pari-Mutuel Wagering of the Department of F.S.; Business and Professional Regulation (DBPR) may make (o) Each applicant shall disclose all judgments entered as demand upon the surety for the payment of the amount of the the result of any administrative, civil or criminal proceedings default to also include any fines or administrative penalties that have been initiated by any governmental agency or any imposed as a result of a default by said principal up to but not other state or federal agency that would affect the license status to exceed the amount of its liability as defined by this bond; of the applicant or any affiliate of the applicant pursuant to 4. Indicate the expiration date of the bond and provide that Sections 550.054 and 550.1815, F.S.; the bond may be continued by continuation certificate signed (p) Include a copy of: by the principal and surety; 1. All administrative, civil, or criminal proceedings that 5. Provide that the surety may reserve the right to have been initiated by any governmental agency or any other withdraw from the bond, except the surety may not withdraw state or federal agency and all judgments entered as the result as to any liability already incurred or accrued during the period of any completed proceedings that would affect the license of the bond, and may do so only upon giving written notice of status of the applicant or any affiliate of the applicant pursuant the withdrawal to the Director of the Division of Pari-Mutuel to Sections 550.054, 550.1815, and 551.104, F.S.; and Wagering, State of Florida, DBPR, 1940 North Monroe Street, 2. Each complaint, pleading, and any final order, Tallahassee, Florida 32399. The bond must further provide that judgment, or other final judicial disposition for each any approved withdrawal shall not be effective until sixty (60) administrative, civil, or criminal proceeding disclosed. days have elapsed after the division’s acknowledgement of the (q)(p) Include internal Internal control procedures required notice; by Rule 61D-14.058, F.A.C.; and 6. Provide that withdrawal shall not in any case affect the (r)(q) Include the The dates and hours of slot machine surety’s liability arising out of any outstanding amount operations as specified in Rule 61D-14.017, F.A.C. incurred prior to the expiration of the 60-day period, after (2) The application shall be filed under oath by the which the division has acknowledged the surety’s notice of applicant for a slot machine license shall file its application withdrawal; and under oath. 7. Include the signatures of the Corporate President, (3) No change. Secretary, and attorney in fact (as required) and Resident Agent (4) The applicant shall indicate: licensed in the State of Florida, and the printed name and (a) When If the applicant intends to claim any exemption address of that Resident Agent. from public records disclosure under Section 119.07, F.S., or (m)(k) Include payment of Each applicant shall pay the any other exemption from public records disclosure provided non-refundable application fee upon the filing of the by law, for any part of its application, and it shall indicate in its application as required by Section 551.106(1), F.S.; application (n)(l) Include payment of Each applicant shall pay the (b) The the specific sections for which it claims an non-refundable regulatory fee to fund the compulsive exemption and the basis for the exemption pursuant to Section gambling program as required by Section 551.118, F.S.; 119.07, F.S., or any other exemption from public records (o)(m) Include a A copy of each policy required by disclosure provided by law. Sections 551.104(4)(i); and 551.118, F.S., for the following: Rulemaking Specific Authority 551.103(1), 551.122 FS. Law 1. Creating opportunities to purchase from vendors in this Implemented 119.07, 551.103(1)(a), (b), (f), 551.104(4), (10), state, including minority vendors; 551.106(1), 551.118 FS. History–New 6-25-06, Amended______. 2. Creating opportunities for employment of residents of this state, including minority residents; 61D-14.005 Occupational License Requirements for 3. Ensuring that opportunities for construction services are Individual Persons. from minority contractors; (1) The following slot machine occupational license 4. Ensuring that opportunities for employment are offered requirements apply to individual persons having access to the on an equal, nondiscriminatory basis; and designated slot machine area or who may be granted access to the slot machine area by reason of the positions they hold:

2534 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(a) Professional Individual Employee Occupational 3. A copy of any final orders, judgments, or other final License – Individuals meeting any of the following criteria judicial disposition in the above actions. shall apply for a professional individual occupational license. (3) through (c) No change. An individual seeking a license as an employee of a slot 1. All gaming-related employment; and machine facility who: An individual seeking a license as an 2. Any non-gaming employment for the previous ten employee of a slot machine facility who will be a security years; and employee or hold a position as the head of a department 3. Any period of unemployment in excess of one month. referenced in Rule 61D-14.015, F.A.C., or a supervisor of (d) No change. employees of the slot machine licensee shall apply for a (e) A Form DBPR PMW-3460, Authorization for Release professional employee occupational license; of Information, adopted and incorporated by Rule 61D-15.001, 1. Will be a security, surveillance, or supervisory F.A.C., release signed by the individual authorizing the employee of a slot machine facility; division and FDLE to obtain any record held by a financial or 2. Will have access to the interior of a slot machine, a slot public institution. machine’s revenue, or accounting and reporting records (4) No change. associated with slot machine revenue; or (a) A duly completed original Form DBPR PMW-3410, 3. Holds a position as the head of a department referenced Slot Machine Individual Employee Occupational License in Rule 61D-14.015, F.A.C., or a supervisor of employees of Application, which is adopted and incorporated by Rule the slot machine licensee. 61D-15.001, F.A.C., in accordance with subsection (3); (b) General Individual Employee Occupational License – (b) through (7) No change. An individual seeking a license as an employee of a slot machine facility with no management or supervisory authority Rulemaking Specific Authority 551.103(1), 551.122 FS. Law related to the slot machine licensee’s facility or employees not Implemented 551.103(1)(b), 551.107(4)(a), 551.108 FS. History–New 6-25-06, Amended 12-6-06,______. covered in paragraph (1)(a) above shall apply for a general individual employee occupational license; and 61D-14.006 Occupational License Application (c) No change. Requirements for Business Entities. (2) As part of the initial application for or renewal of for a (1) The slot machine occupational license requirements of slot machine occupational license provided in Section 551.107, this section apply to any business entities, including sole F.S., an applicant shall submit the following information under proprietorships, as follows: oath on Form DBPR PMW-3410, Slot Machine Individual (a) A business entity shall apply for a business entity Employee Occupational License Application, or Form DBPR occupational license, if the business entity: PMW-3415, Slot Machine Individual Occupational License 1. Acts that acts as a slot machine management company, Renewal Application, which is adopted and incorporated by slot machine manufacturer or distributor, or sells slot machine Rule 61D-15.001, F.A.C.: gaming related products, services, or goods to a slot machine (a) through (e) No change. licensee; or (f) The applicant’s marital status and the name, date of 2. Employs individuals who whose employees may be birth, race, and gender names of the applicant’s spouse, granted access to the designated slot machine area by reason of children, siblings, grandchildren, the applicant’s parents, and the employment position they hold with the business entity. any other relative over the age of 21 living in the same shall apply for a business entity occupational license; and household as the applicant; (b) Business entities or their employees that do not supply (g) through 1. No change. slot machine gaming related products, services, or goods are 2. Any denial, suspension, or revocation of a license, not required to hold a business occupational license. However, permit, or certification issued by any governmental agency.; the slot machine licensee shall be required to meet the and requirements of maintain a list of employees as required by (h) Information regarding any Any administrative, civil, or paragraph 61D-14.051(4)(k), F.A.C. criminal proceedings, or any investigations known to the (c) A business entity may submit a modified application to applicant that have been initiated by any governmental agency apply for a business entity occupational license under the or any other state or federal agency regarding the applicant that conditions listed in subsection (4) below if it meets specific could affect the license status of the applicant in that criteria listed below. The entity’s employee(s) shall obtain a jurisdiction, or any judgment entered as the result of any such slot machine occupational license if they intend to be granted proceeding to include:. access to the designated slot machine area by reason of the 1. The date of any listed action; employment position they hold with the business entity. The 2. A copy of any complaint filed in the above actions; and business entity must meet each of the following criteria for this specific licensure:

Section II - Proposed Rules 2535 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

1. The service or product the business entity provides a 3. A copy of all court and/or administrative records facility licensed under Chapter 551, F.S., is not exclusively (or regarding any denial, suspension, or revocation of a license, specifically) dedicated to slot machine gaming, or the delivery permit, or certification issued by any governmental agency. of slot machines, or the business entity is not engaged in (l) through (n) No change. activity directly related to slot machines; (o) If the applicant is a corporation, the application shall 2. The service or product the business entity provides a also disclose: facility licensed under Chapter 551, F.S., requires employees 1. The state in which the applicant is incorporated; of the business entity to interact or come in contact with 2. Whether Disclosure of whether the corporation, or any facility slot machines, support systems, or other associated officer or director of that corporation, has ever been convicted equipment connected in any way to the operation of slot of a crime, and if so, provide: machines in order to perform their responsibilities; a. A a listing of those crimes offenses; and 3. The business entity is a corporation with regularly b. A copy of all court and/or administrative records traded shares on an established securities market in the United concerning the charge and final order regarding any crime for States; which the corporation or officer or director was convicted. 4. The business entity is a corporation with corporate 3. through (p) No change. officers located in more than three states and/or overseas (4) The following exemptions apply if a business entity locations; and chooses to submit itself for consideration under the 5. The day-to-day management of the business entity requirements of paragraph (1)(c) above for the division’s within Florida is delegated to a senior manager resident within approval. The following changes and agreement of terms of Florida. For purposes of this rule, the term senior manager such submission apply regarding that entity’s Form DBPR designates an applicant’s highest level manager permanently PMW-3420, Slot Machine Business Entity Occupational residing in Florida. License Application, adopted and incorporated by Rule (2) through (3)(h)1. No change. 61D-15.001, F.A.C., and any subsequent enforcement action 2. A Form DBPR PMW-3460, Authorization for Release regarding the business entity or entity employee’s conduct: of Information, adopted and incorporated by Rule 61D-15.001, (a) The Senior Manager who is employed and resides F.A.C., release signed by the individual authorizing the within Florida shall be permitted to represent the business division and FDLE to obtain any record held by a financial and entity for purposes of fulfilling the requirements of paragraph public institution. (3)(h) above; (i) The name, title, and job description of each employee (b) The Senior Manager representing the entity shall who is required to enter access any area of a slot machine obtain an individual occupational license pursuant to Rule licensee’s facility; 61D-14.005, F.A.C.; (j) Disclosure of other jurisdictions in which the applicant (c) The information required pursuant to the requirements holds, has held, or is applying for a gaming license, including of paragraph (3)(m) above is further excluded from the any license, permit, or registry required in order to participate required application as well as the requirement for the in any legal gaming operation.: continued maintenance of that information in corporate records 1. Any license, permit, or registry required in order to for inspection; participate in any legal gaming operation; and (d) The information required on Form DBPR PMW-3430, 2. Any denial, suspension, or revocation of a license, Business Entity Internal Control Information, adopted and permit, or certification issued by any governmental agency; incorporated by Rule 61D-15.001, F.A.C., shall be limited to (k) Disclosure of whether the applicant has had a gaming that business activity conducted within the State of Florida; license in another jurisdiction suspended, revoked, or denied, (e) The business entity remains responsible for all required or whether there are administrative, civil, or criminal certifications as to accuracy of the information contained on proceedings in any other jurisdiction that could result in the the application for that business entity, notwithstanding the fact imposition of any suspension, revocation, or denial in that the Senior Manager represents the entity on that application; jurisdiction. Such disclosure shall include: any license which (f) The entity’s Form DBPR PMW-3420, Slot Machine has been relinquished in lieu of such prosecution; Business Entity Occupational License Application, adopted 1. A list [b1] of the applicable license, permit, or registry and incorporated by Rule 61D-15.001, F.A.C., shall be signed required in order to participate in any legal gaming operation, by an officer qualified to bind the corporation at the corporate including any license which has been relinquished in lieu of level to contracts and similar agreements. The corporate prosecution; officer’s signature shall attest to the accuracy and completeness 2. Any denial, suspension, or revocation of a license, of all information submitted on the application, without permit, or certification issued by any governmental agency; reservation; and and

2536 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(g) All other requirements for application pursuant to this DBPR PMW-3410, Slot Machine Employee Occupational rule remain unchanged. License Application or 3420, Slot Machine Business Entity (5) The business entity, by availing itself of the provisions Occupational License Application, which are adopted and of subsection (4) above, agrees to the following additional incorporated by Rule 61D-15.001, F.A.C.; and requirements of this application process under this subsection: (b) No change. (a) The entire corporate business entity is subjected to the (c) Disclosure of the following administrative, civil, or regulatory requirements and mandates of Chapter 551, F.S., criminal actions that have occurred since the issue of the and applicable rules; current license: (b) Any disciplinary action taken as to the business entity 1. All administrative, civil, or criminal proceedings that or the business entity designated Senior Manager have been initiated by any governmental agency or any other representative within the state shall apply to the business entity state or federal agency; and corporate record of performance within this state as it relates to 2. A complete copy of the complaint, pleadings, and any slot machine gaming licensure; final order, judgment, or other final judicial disposition for (c) Upon request from another regulatory jurisdiction, the each administrative, civil, or criminal proceeding disclosed. division shall report regulatory infractions and/or disciplinary (2) The division shall issue a slot machine occupational action applied to the business entity in Florida as applicable to license Slot machine occupational licenses shall be issued by the business entity’s corporate record of performance within the division for a period of one year or three years. the state without qualification or reservation. Applications shall be when accompanied by the corresponding (6)(4) If the applicant is a business entity, it shall file its license fee, beginning on July October 1 of each year and the business occupational license application shall be filed expiring on June September 30 of the anniversary following under oath by an officer, director, or manager who is year for the license. authorized by the applicant business entity to bind the (3) The completed renewal application shall be filed with applicant to the representations made in the license application. and received by the division between May 1st and June August (7)(5) An applicant for a license as a manufacturer or 2nd through September 30th of the year the license is due to distributor of slot machines, or any equipment necessary for expire. the operation of slot machines, shall include with its (4) The license for any person who fails to submit a application an affidavit attesting to the fact that the applicant, completed renewal application in accordance with this section its officers, directors, or employees have no ownership or shall expire on the expiration date. financial interest in a slot machine licensee or any business (5) Any person whose slot machine occupational license owned by a slot machine licensee. has expired and who seeks a subsequent slot machine (8)(6) If the applicant intends to claim any exemption from occupational license: Any person whose slot machine public records disclosure under Section 119.07, F.S., or any occupational license has expired and who seeks a subsequent other exemption from public records disclosure provided by slot machine occupational license shall be considered an initial law, for any part of its application, it shall indicate in its slot machine occupational license applicant. application the specific sections for which it claims an (a) Within one year of the expiration of the current license exemption and the basis for the exemption. shall be considered an applicant for renewal of that license. (9)(7) Each application shall be filed with the division’s (b) Longer than one year after expiration of the original office located at the slot machine licensee’s facility or to the license shall be required to make application using Form division at 1940 North Monroe Street, Tallahassee, Florida DBPR PMW-3410, Slot Machine Individual Occupational 32399-1035. License Application, adopted and incorporated by Rule Rulemaking Specific Authority 551.103(1), 551.122 FS. Law 61D-15.001, F.A.C., and shall provide the information required Implemented 551.103(1)(a), (b), 551.107(4)(a) FS. History–New pursuant to Rule 61D-14.005, F.A.C. 7-30-06, Amended______. (6) Any business entity whose slot machine occupational license has expired and who seeks a subsequent slot machine 61D-14.008 Occupational License Renewal Application. occupational license shall be considered an initial slot machine (1) The application for renewal of a slot machine occupational license applicant. occupational license shall be made under oath and include: (a) A duly completed original Form DBPR PMW-3415, Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107(4)(a) FS. History–New Slot Machine Individual Occupational License Renewal 6-25-06, Amended______. Application, or Form DBPR PMW-3425, Slot Machine Business Entity Occupational License Renewal Application,

Section II - Proposed Rules 2537 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

61D-14.010 Identification of the Occupational License Any person who wishes to provide information regarding a Applicant. statement of estimated regulatory costs, or provide a proposal Every applicant for a professional individual, general for a lower cost regulatory alternative must do so in writing individual, or business employee slot machine occupational within 21 days of this notice. license shall establish his/her identity in one of the following RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. ways: LAW IMPLEMENTED: 551.103(1)(a), (b), (c), 551.107, (1) through (2)(a) No change. 551.108 FS. (b) Current driver’s license containing a photograph, IF REQUESTED WITHIN 21 DAYS OF THE DATE OF name, signature, date of birth, sex, height, color of eyes and THIS NOTICE, A HEARING WILL BE HELD AT THE address of the applicant; DATE, TIME AND PLACE SHOWN BELOW: (c) through (e) No change. DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. (f) Current identification card issued by the Immigration PLACE: Department of Business and Professional Regulation, and Naturalization Service containing a photograph or Division of Pari-Mutuel Wagering, North Broward Regional information about the name, date of birth, sex, height, color of Service Center, 1400 West Commercial Blvd., Suite 195, Ft. eyes and address of the applicant; or Lauderdale, Florida 33309 (g) A current foreign passport that is recognized by the Pursuant to the provisions of the Americans with Disabilities Immigration and Customs Enforcement (ICE) ICE and Act, any person requiring special accommodations to contains a photograph of the applicant. participate in this workshop/meeting is asked to advise the Rulemaking Specific Authority 551.103(1), 551.122 FS. Law agency at least 5 days before the workshop/meeting by Implemented 551.103(1)(a), (b), 551.107(4)(a), (d) FS. History–New contacting: Mary Polombo at (850)413-0750. If you are 6-25-06, Amended______. hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or NAME OF PERSON ORIGINATING PROPOSED RULE: 1(800)955-8770 (Voice). David J. Roberts, Director, Division of Pari-Mutuel Wagering THE PERSON TO BE CONTACTED REGARDING THE NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of PROPOSED RULE: Charles W. Drago, Secretary, Department Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, of Business and Professional Regulation Florida 32399-1035 DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2009 THE FULL TEXT OF THE PROPOSED RULE IS: DATE NOTICE OF PROPOSED RULE DEVELOPMENT (Substantial rewording of Rule 61D-14.007 follows. See PUBLISHED IN FAW: March 16, 2007 Florida Administrative Code for present text.) 61D-14.007 Business Occupational License Requirements DEPARTMENT OF BUSINESS AND PROFESSIONAL for an Independent Testing Laboratory. REGULATION (1) For purposes of this rule the term “direct interest”: Division of Pari-Mutuel Wagering (a) Shall mean the owning or holding of capital stock or RULE NO.: RULE TITLE: other ownership interest by the applicant for a business 61D-14.007 Business Occupational License occupational license or by the applicant’s officers, directors, Requirements for an Independent managers, employees, or ownership interest holders in a slot Testing Laboratory PURPOSE AND EFFECT: The purpose and effect of the machine licensee or manufacturer or distributor of slot proposed rule will be to implement and interpret Florida machines, slot machine software, or slot machine parts as Statutes that relate to rules regulating the conduct of slot defined in Chapter 551, F.S. machine operations at pari-mutuel racing facilities. (b) Shall not mean direct or indirect ownership or holding of an ownership interest, however evidenced, in a publicly or SUMMARY: The rule has been reworded to improve clarity privately held mutual fund, equity investment fund, or other and updated to require that applicants for an independent test similar investment vehicle that owns or holds an ownership laboratory license file an affidavit with a license application interest in any of the licensed entities referred to in paragraph attesting to the fact that the applicant and the applicant’s (1)(a), provided that: employees have no ownership or financial interest in any slot machine licensee or slot machine licensee-owned business. 1. The ownership interest such investment vehicle has in SUMMARY OF STATEMENT OF ESTIMATED any of the entities or type of entities referred to in paragraph REGULATORY COSTS: No Statement of Estimated (1)(a), when considered separately, is less than five percent of Regulatory Cost was prepared. the gross asset value of such investment vehicle; and

2538 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

2. Investors in such investment vehicles acting DATE PROPOSED RULE APPROVED BY AGENCY individually have no control over management or investment HEAD: May 5, 2009 decisions of the investment fund or similar investment vehicle. DATE NOTICE OF PROPOSED RULE DEVELOPMENT (2) In addition to the requirements of Rule 61D-14.006, PUBLISHED IN FAW: March 16, 2007 F.A.C., an applicant for a business occupational license as an independent testing laboratory to test and technically evaluate DEPARTMENT OF BUSINESS AND PROFESSIONAL slot machines or facility based monitoring systems of a slot REGULATION machine licensee shall meet the following criteria: Division of Pari-Mutuel Wagering (a) Hold current licensure, current certification to test, or a RULE NO.: RULE TITLE: current contract in good standing with a gaming regulator in at 61D-14.020 Excluded Persons least five jurisdictions in which electronic gaming devices are PURPOSE AND EFFECT: The purpose and effect of the authorized; proposed rule will be to implement and interpret Florida (b) Have no contract with a state or other gaming Statutes that relate to rules regulating the conduct of slot jurisdiction that has been cancelled, suspended, or not renewed machine operations at pari-mutuel racing facilities. for in any way failing to provide adequate testing of slot SUMMARY: The rule has been reworded to improve clarity machines or facility based monitoring systems, or other similar and updates the division and licensee’s procedure for excluded systems for control of slot machine gaming; and persons. (c) Have no direct ownership interest, either by itself or by SUMMARY OF STATEMENT OF ESTIMATED its officers, directors, managers, employees, or ownership REGULATORY COSTS: No Statement of Estimated interest holders in any of the following, nor shall any of the Regulatory Cost was prepared. following own any interest in an applicant: Any person who wishes to provide information regarding a 1. A slot machine licensee; statement of estimated regulatory costs, or provide a proposal 2. Any business owned by a slot machine licensee; and for a lower cost regulatory alternative must do so in writing 3. A manufacturer or distributor of slot machines, slot within 21 days of this notice. machine software, or slot machine parts. RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. (3) An applicant for a license or renewal of such license as LAW IMPLEMENTED: 551.103(1)(g), (i), 551.112, 551.118 an independent testing laboratory of slot machines or any FS. equipment necessary for the operation of slot machines shall IF REQUESTED WITHIN 21 DAYS OF THE DATE OF include with its application an affidavit attesting that the THIS NOTICE, A HEARING WILL BE HELD AT THE applicant, its officers, directors, managers, and employees have DATE, TIME AND PLACE SHOWN BELOW: no direct interest in: DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. (a) A slot machine licensee; PLACE: Department of Business and Professional Regulation, (b) Any business owned by a slot machine licensee; or Division of Pari-Mutuel Wagering, North Broward Regional (c) A manufacturer or distributor of slot machines, slot Service Center, 1400 West Commercial Blvd., Suite 195, Ft. machine software, or slot machine parts. Lauderdale, Florida 33309 (4) An independent testing laboratory seeking a business Pursuant to the provisions of the Americans with Disabilities occupational license or renewal shall provide the following Act, any person requiring special accommodations to information as part of its application: participate in this workshop/meeting is asked to advise the (a) The name of each person employed or with whom it agency at least 5 days before the workshop/meeting by has a contract related to slot machine gaming; and contacting: Mary Polombo at (850)413-0750. If you are (b) The job title, license number, and state of licensure of hearing or speech impaired, please contact the agency using the each person listed. Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (c), 551.107, 551.108 FS. History– THE PERSON TO BE CONTACTED REGARDING THE New 6-25-06, Amended______. PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, NAME OF PERSON ORIGINATING PROPOSED RULE: Florida 32399-1035 David J. Roberts, Director, Division of Pari-Mutuel Wagering NAME OF AGENCY HEAD WHO APPROVED THE THE FULL TEXT OF THE PROPOSED RULE IS: PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation

Section II - Proposed Rules 2539 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

61D-14.020 Excluded Persons. 33309, at least 14 days prior to the requested removal date. The (1) The slot machine licensee’s internal controls shall set request shall be delivered on the date of the request to the forth the criteria for exclusion of individuals from the slot division. The slot machine licensee shall submit a request to machine licensee’s facility. the division that includes the following information on the (2)(1) Each slot machine licensee shall maintain a individual the licensee seeks to remove from the Exclusion database of persons entitled “Exclusion List.” The Exclusion List: List shall contain information on: (a) The full name and any aliases, if known, of the (a) Persons Who the slot machine licensee has excluded individual currently excluded from the facility; from its facilities for a specific amount of time as determined (b) A description of the individual’s physical appearance, by the licensee, including persons self-excluded as compulsive including height, weight, type of build, color of hair and eyes, gamblers; and and other physical characteristics which would assist in the (b) Persons who that have been excluded by a final order identification of the individual; of the division or an emergency order of suspension or (c) The individual’s date of birth; exclusion by the division pursuant to Section 120.60, F.S. (d) The date the individual was originally excluded; (3) The excluded person’s name shall be entered on each (e) The original term of the individual’s exclusion; slot machine licensee’s Exclusion List, and each slot machine (f) If obtainable, a photograph, and the date of the photo; licensee shall make every reasonable effort to ensure that the (g) A brief description of why the individual was listed individual is excluded from its facilities. originally excluded from the slot machine licensee facility; and (4)(2) A slot machine licensee’s Exclusion List shall (h) A statement signed by the slot machine licensee include the following information for each person listed: A slot president or general manager justifying removing the excluded machine licensee database of excluded patrons shall include individual from the slot machine licensee Exclusion List and the following information for each excluded person: stating that the slot machine licensee internal control (a) through (d) No change. requirements have been observed. (e) If obtainable, a photograph, and the date of the photo Rulemaking Specific Authority 551.103(1), 551.122 FS. Law or a photo taken by the slot machine licensee’s eligible facility Implemented 551.103(1)(d), (g), (i), 551.112, 551.118 FS. History– surveillance department; and New 6-25-06, Amended______. (f) A brief explanation description of why the person has been excluded; and. NAME OF PERSON ORIGINATING PROPOSED RULE: (g) The length of time of exclusion that includes the start David J. Roberts, Director, Division of Pari-Mutuel Wagering date of exclusion. NAME OF AGENCY HEAD WHO APPROVED THE (3) A slot machine licensee shall exclude or eject any PROPOSED RULE: Charles W. Drago, Secretary, Department person that has been placed in its exclusion database. of Business and Professional Regulation (5)(4) If the slot machine licensee withholds winnings DATE PROPOSED RULE APPROVED BY AGENCY from any excluded person, such withheld winnings shall be HEAD: May 5, 2009 included in the slot machine licensee’s revenues pursuant to DATE NOTICE OF PROPOSED RULE DEVELOPMENT subsection 61D-14.081(5), F.A.C. PUBLISHED IN FAW: March 16, 2007 (6)(5) The slot machine licensee’s agents or employees shall immediately inform the slot machine licensee’s security DEPARTMENT OF BUSINESS AND PROFESSIONAL department whenever an excluded person enters or attempts to REGULATION enter, or is found present at a slot machine licensee’s facility Division of Pari-Mutuel Wagering from which that person has been excluded. Whenever an RULE NO.: RULE TITLE: excluded person enters or attempts to enter, or is upon the 61D-14.023 Slot Machine Base Doors premises of a slot machine licensee, the slot machine licensee’s PURPOSE AND EFFECT: The purpose and effect of the agents or employees shall immediately inform the security proposed rule will be to implement and interpret Florida department. The security department shall: Statutes that relate to rules regulating the conduct of slot (a) through (c) No change. machine operations at pari-mutuel racing facilities. (7)(6) Permitting Catering to a person excluded by a final SUMMARY: The rule has been reworded to improve clarity order of the division to remain at a slot machine licensed and updated to specify that the slot machine base door may be facility is a violation of these rules. either locked or sealed. (8) If a slot machine licensee seeks to remove an SUMMARY OF STATEMENT OF ESTIMATED individual from the Exclusion List, the licensee must notify the REGULATORY COSTS: No Statement of Estimated division at 1400 W. Commercial Blvd., Ft. Lauderdale, Fl. Regulatory Cost was prepared.

2540 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Any person who wishes to provide information regarding a NAME OF PERSON ORIGINATING PROPOSED RULE: statement of estimated regulatory costs, or provide a proposal David J. Roberts, Director, Division of Pari-Mutuel Wagering for a lower cost regulatory alternative must do so in writing NAME OF AGENCY HEAD WHO APPROVED THE within 21 days of this notice. PROPOSED RULE: Charles W. Drago, Secretary, Department RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. of Business and Professional Regulation LAW IMPLEMENTED: 551.103(1) FS. DATE PROPOSED RULE APPROVED BY AGENCY IF REQUESTED WITHIN 21 DAYS OF THE DATE OF HEAD: May 5, 2009 THIS NOTICE, A HEARING WILL BE HELD AT THE DATE NOTICE OF PROPOSED RULE DEVELOPMENT DATE, TIME AND PLACE SHOWN BELOW (IF NOT PUBLISHED IN FAW: March 16, 2007 REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. DEPARTMENT OF BUSINESS AND PROFESSIONAL PLACE: Department of Business and Professional Regulation, REGULATION Division of Pari-Mutuel Wagering, North Broward Regional Division of Pari-Mutuel Wagering Service Center, 1400 West Commercial Blvd., Suite 195, Ft. RULE NO.: RULE TITLE: Lauderdale, Florida 33309 61D-14.036 Slot Machine Tournament Pursuant to the provisions of the Americans with Disabilities PURPOSE AND EFFECT: The purpose and effect of the Act, any person requiring special accommodations to proposed rule will be to implement and interpret Florida participate in this workshop/meeting is asked to advise the Statutes that relate to rules regulating the conduct of slot agency at least 5 days before the workshop/meeting by machine operations at pari-mutuel racing facilities. contacting: Mary Polombo at (850)413-0750. If you are SUMMARY: The rule establishes rules to govern the hearing or speech impaired, please contact the agency using the institution and management of slot machine tournaments at Florida Relay Service, 1(800)955-8771 (TDD) or licensed facilities. 1(800)955-8770 (Voice). SUMMARY OF STATEMENT OF ESTIMATED THE PERSON TO BE CONTACTED REGARDING THE REGULATORY COSTS: No Statement of Estimated PROPOSED RULE IS: Mary Polombo, Clerk, Division of Regulatory Cost was prepared. Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Any person who wishes to provide information regarding a Florida 32399-1035 statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing THE FULL TEXT OF THE PROPOSED RULE IS: within 21 days of this notice. 61D-14.023 Slot Machine Base Doors and Compartments. RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. All slot machine external base cabinet doors shall be LAW IMPLEMENTED: 551.103(1) FS. permanently sealed or locked. If the facility chooses to lock the IF REQUESTED WITHIN 21 DAYS OF THE DATE OF external base cabinet door, the facility shall employ a keyed THIS NOTICE, A HEARING WILL BE HELD AT THE lock for that purpose. The following requirements shall apply DATE, TIME AND PLACE SHOWN BELOW (IF NOT to the slot machine’s cabinetry. REQUESTED, THIS HEARING WILL NOT BE HELD): (1) All external doors shall be locked and monitored by DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. door access sensors, which shall have the ability to detect when PLACE: Department of Business and Professional Regulation, a door is opened or moved from its fully closed and locked Division of Pari-Mutuel Wagering, North Broward Regional position and immediately: Service Center, 1400 West Commercial Blvd., Suite 195, Ft. (a) Report the door opened event to the slot machine by Lauderdale, Florida 33309 way of an error; and Pursuant to the provisions of the Americans with Disabilities (b) Notify the surveillance department of the door Act, any person requiring special accommodations to opening, which shall monitor and record all activities at that participate in this workshop/meeting is asked to advise the slot machine until such time as the incident has been agency at least 5 days before the workshop/meeting by satisfactorily resolved. contacting: Mary Polombo at (850)413-0750. If you are (2) A log of compartment door openings and closings shall hearing or speech impaired, please contact the agency using the be maintained inside the locked compartment of the slot Florida Relay Service, 1(800)955-8771 (TDD) or machine. The log shall include the time and reason for the 1(800)955-8770 (Voice). opening. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Implemented 551.103(1)(c), (e), (i) FS. History–New 6-25-06, Amended ______. Florida 32399-1035

Section II - Proposed Rules 2541 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

THE FULL TEXT OF THE PROPOSED RULE IS: (7) The slot machine licensee shall provide a report of electronic meter readings from its facility based monitoring 61D-14.036 Slot Machine Tournament. system to the division for each of its slot machines designated (1) A slot machine tournament is an organized event at for tournament play immediately before the tournament mode which players have the opportunity to engage in competitive of play is: play against other players using slot machines the division has (a) Enabled; and approved for that purpose. (b) Disabled. (2) A slot machine licensee shall not operate a slot machine tournament unless it has submitted the following to Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1) FS. History–New______. the division at 1400 W. Commercial Blvd., Ft. Lauderdale, FL 33309, for approval in writing: NAME OF PERSON ORIGINATING PROPOSED RULE: (a) Tournament rules of play consistent with Chapter 551, David J. Roberts, Director, Division of Pari-Mutuel Wagering F.S.; and NAME OF AGENCY HEAD WHO APPROVED THE (b) A floor plan of the location of the specific slot PROPOSED RULE: Charles W. Drago, Secretary, Department machines selected for tournament play within the gaming area. of Business and Professional Regulation (3) Any slot machine and associated slot machine DATE PROPOSED RULE APPROVED BY AGENCY component that is part of a slot machine tournament shall: HEAD: May 5, 2009 (a) Comply with the requirements of Chapter 551, F.S., DATE NOTICE OF PROPOSED RULE DEVELOPMENT and the administrative rules adopted pursuant to that chapter. PUBLISHED IN FAW: March 16, 2007 However, the percentage requirements of Section 551.104(4)(j), F.S., and the percentage requirements of the DEPARTMENT OF BUSINESS AND PROFESSIONAL rules adopted pursuant to Chapter 551, F.S., do not apply to REGULATION tournament play. Division of Pari-Mutuel Wagering (b) Be equipped with a program certified by an RULE NO.: RULE TITLE: independent testing laboratory licensed by the state which 61D-14.038 Percentage Payout and Odds allows for the tournament mode of play. PURPOSE AND EFFECT: The purpose and effect of the (c) Default to disabled for the tournament mode of play proposed rule will be to implement and interpret Florida option for those machines selected for tournament play. Statutes that relate to rules regulating the conduct of slot (d) Be enabled centrally or by a switch key (reset feature) machine operations at pari-mutuel racing facilities. and/or total replacement of the logic board with a certified SUMMARY: The rule has been substantially reworded to tournament board if tournament is an option. improve clarity and updated to specify that the minimum (4) A gaming device, while enabled for tournament play theoretical payout percentage is to be maintained at all times shall: during the required schedule of testing. (a) Not accept credits from any source; SUMMARY OF STATEMENT OF ESTIMATED (b) Not pay out credits in any way; REGULATORY COSTS: No Statement of Estimated (c) Use tournament credits only, which shall not have cash Regulatory Cost was prepared. value; Any person who wishes to provide information regarding a (d) Not increment any mechanical or electro-mechanical statement of estimated regulatory costs, or provide a proposal meters; and for a lower cost regulatory alternative must do so in writing (e) Not communicate any accounting information to the within 21 days of this notice. facility based monitoring system. RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. (5) The facility based monitoring system shall: LAW IMPLEMENTED: 551.103(1)(c), (d), (e), (h) FS. (a) Logically remove all games enabled for tournament IF REQUESTED WITHIN 21 DAYS OF THE DATE OF play from the normal recording sequence for reporting THIS NOTICE, A HEARING WILL BE HELD AT THE purposes; and DATE, TIME AND PLACE SHOWN BELOW (IF NOT (b) Record each time a specific slot machine is used for REQUESTED, THIS HEARING WILL NOT BE HELD): tournament play. DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. (6) Tournament winnings shall not be deducted from net PLACE: Department of Business and Professional Regulation, slot machine revenues or winnings of slot machine gaming. Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 West Commercial Blvd., Suite 195, Ft. Lauderdale, Florida 33309

2542 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Pursuant to the provisions of the Americans with Disabilities (4) Slot machine games used at Florida slot machine Act, any person requiring special accommodations to licensee facilities shall: participate in this workshop/meeting is asked to advise the (a) Have a total payout over the cycle of both the bonus agency at least 5 days before the workshop/meeting by and non-bonus part of the game combined that conforms to the contacting: Mary Polombo at (850)413-0750. If you are minimum theoretical payout percentage of 85 percent; hearing or speech impaired, please contact the agency using the (b) Meet the minimum theoretical payout percentage of Florida Relay Service, 1(800)955-8771 (TDD) or the game at all times pursuant to the reporting frequency 1(800)955-8770 (Voice). required in subsection (5) of this rule; and THE PERSON TO BE CONTACTED REGARDING THE (c) Meet the minimum theoretical payout percentage of the PROPOSED RULE IS: Mary Polombo, Clerk, Division of game when playing at the lowest end of a non-linear paytable. Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, (5) The slot machine licensee shall create a quarterly Florida 32399-1035 report using the facility based monitoring system (FBMS), for each slot machine game offered for play during the quarter or THE FULL TEXT OF THE PROPOSED RULE IS: any part of a quarter, that includes: (Substantial rewording of Rule 61D-14.038 follows. See (a) The lifetime actual payout to the end of the respective Florida Administrative Code for present text.) quarter; 61D-14.038 Percentage Payout and Odds. (b) The actual number of plays for the game’s lifetime; (c) The theoretical payout percentage; and (1) An independent test laboratory licensed by the state (laboratory) shall: (d) The minimum number of handle pulls required to reach (a) Certify a slot machine game for play in Florida only the minimum payout percentage as indicated on the PAR sheet. when the manufacturer’s Payout and Retention (PAR) sheet for (6) The quarterly report required by subsection (5) of this that slot machine game indicates a probable minimum payout rule shall be filed with the division at the address in paragraph percentage of at least 85 percent of all credits played over the (1)(c) of this rule, electronically or in writing, for each of the mathematical (lifetime) cycle of the game at a 95 percent level following periods: of confidence; (a) January 1 through March 31; (b) Test each slot machine game independently to certify (b) April 1 through June 30; that the game meets the probable minimum payout indicated (c) July 1 through September 30; and on the manufacturer’s PAR sheet at a 99 percent level of (d) October 1 through December 31. confidence; (7) If the report required by subsection (5) of this rule (c) Certify in writing to the Office of Slot Operations, shows that a slot machine game’s actual payout is less than 85 Division of Pari-Mutuel Wagering, North Broward Regional percent and the game has surpassed the minimum number of Service Center, 1400 West Commercial Boulevard, Suite 165, Ft. handle pulls required to reach the minimum payout percentage Lauderdale, Florida 33309-3787: as indicated on the PAR sheet for the slot machine, the slot 1. The game’s minimum and maximum theoretical payout machine licensee shall: percentage; (a) Notify the division in writing of the identity of the slot 2. The game has been tested and meets the provisions of machine game; Chapter 551, F.S., and Chapter 61D-14, F.A.C.; and (b) Remove the game from play; 3. The game performs as described in the manufacturer’s (c) Recompute the slot machine game payout percentage PAR sheet. using the FBMS; and (2) A slot machine game manufacturer or distributor shall (d) Determine whether the recomputation of the payout provide a PAR sheet to the slot machine licensee and the percentage reveals that the slot machine game falls within or division at the address in paragraph (1)(c) of this rule upon outside of the volatility range. delivery of each slot machine game to a slot machine licensee (8) Based on the result of the recomputations required in in Florida. The volatility index for the game shall be reflected subsection (6) of this rule, the slot machine licensee shall on each manufacturer’s PAR sheet. either: (3) Upon the alteration or revision of any previously (a) Return the slot machine game to play if the recomputed certified game, the slot machine manufacturer shall submit the payout percentage is within the volatility range; or game to the laboratory which shall re-evaluate the minimum (b) Contact an independent test laboratory licensed by the theoretical payout percentage and provide an amended report state to investigate the slot machine game if the recomputed to the division complying with subsection (1) of this rule. payout percentage is not within the volatility range. The slot machine licensee shall require the laboratory to investigate the

Section II - Proposed Rules 2543 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 slot machine game’s operation and provide the licensee with a “false hope” or “extra visual encouragement” or “subliminal written recomputation of the payout percentage and a message” implying the possibility of a winning outcome if the determination that the slot machine game is operating within or patron continues to play the game. It also establishes outside of its volatility range. certification requirements for manufacture and licensed (9) If, in two consecutive quarterly reports, a slot machine independent test laboratory submission for state approval. game fails to remain within its volatility range, the slot SUMMARY OF STATEMENT OF ESTIMATED machine licensee shall remove the slot machine game from REGULATORY COSTS: No Statement of Estimated play until the slot machine game operating software program is Regulatory Cost was prepared. replaced with an operating software program that meets the Any person who wishes to provide information regarding a requirements of the testing in subsection (1) of this rule. statement of estimated regulatory costs, or provide a proposal (10) Each slot machine licensee shall maintain records for a lower cost regulatory alternative must do so in writing demonstrating: within 21 days of this notice. (a) The quarterly report results required in subsection (5) RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. of this rule for each slot machine game that has been placed on LAW IMPLEMENTED: 551.103(1)(c), (e), (g) FS. the gaming floor; IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (b) The actual payout percentage for each slot machine THIS NOTICE, A HEARING WILL BE HELD AT THE game at the time of each quarterly report required in subsection DATE, TIME AND PLACE SHOWN BELOW (IF NOT (5) of this rule; REQUESTED, THIS HEARING WILL NOT BE HELD): (c) The recomputed payout percentage for each slot DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. machine game and whether the payout percentage is within its PLACE: Department of Business and Professional Regulation, volatility range; and Division of Pari-Mutuel Wagering, North Broward Regional (d) Any record regarding software operating programs Service Center, 1400 West Commercial Blvd., Suite 195, Ft. were replaced pursuant to subsection (8) of this rule. Lauderdale, Florida 33309 (11) The records generated under this rule shall be Pursuant to the provisions of the Americans with Disabilities maintained consistent with Rule 61D-14.080, F.A.C. Act, any person requiring special accommodations to Rulemaking Specific Authority 551.103(1), 551.122 FS. Law participate in this workshop/meeting is asked to advise the Implemented 551.103(1)(c), (d), (e), (h) FS. History–New 6-25-06, agency at least 5 days before the workshop/meeting by Amended______. contacting: Mary Polombo at (850)413-0750. If you are hearing or speech impaired, please contact the agency using the NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Relay Service, 1(800)955-8771 (TDD) or David J. Roberts, Director, Division of Pari-Mutuel Wagering 1(800)955-8770 (Voice). NAME OF AGENCY HEAD WHO APPROVED THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE: Charles W. Drago, Secretary, Department PROPOSED RULE IS: Mary Polombo, Clerk, Division of of Business and Professional Regulation Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, DATE PROPOSED RULE APPROVED BY AGENCY Florida 32399-1035 HEAD: May 5, 2009 DATE NOTICE OF PROPOSED RULE DEVELOPMENT THE FULL TEXT OF THE PROPOSED RULE IS: PUBLISHED IN FAW: March 16, 2007 61D-14.041 Randomness Requirements and Game Play Auditing. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (1) Each slot machine shall use utilize an internal random number generator (RNG). The RNG shall comply with the Division of Pari-Mutuel Wagering following standards: RULE NO.: RULE TITLE: 61D-14.041 Randomness Requirements and (a) Be The RNG shall be statistically independent from Game Play Auditing any other device; PURPOSE AND EFFECT: The purpose and effect of the (b) Conform The RNG shall conform to the random proposed rule will be to implement and interpret Florida distribution values specified in the slot machine’s PAR sheet; Statutes that relate to rules regulating the conduct of slot (c) Pass statistical tests such as the chi-squared test or machine operations at pari-mutuel racing facilities. random distribution analysis test; SUMMARY: The rule has been reworded to improve clarity (d) Cycle Be cycled continuously in the background and updated to specify that as part of game play auditing slot between games and during game play; machines may not display any letter, word, message, symbol, (e) Randomly determine the first seed number; or gaming outcome, however briefly, which offers the player

2544 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(f) Use a method of re-scaling that permits all numbers (c) Certified to the laboratory that all code modules are within the lower range to be equally probable if If a function of directly and actively related to the audio and video conduct of a slot machine requires a random number to be generated with game play, record retention, monitoring system operation a smaller range than that provided by the slot machine’s RNG, and/or troubleshooting; the method of re-scaling shall be designed in such a way that (d) Certified that the game does not violate any of the all numbers within the lower range are equally probable; and language in Rule 61D-14.041, F.A.C., and that the game does (g) Re-scale values using a method such as discarding that not display any letter, word, message, sign, symbol, or gaming random number and selecting the next in sequence if If a outcome, however briefly, which constitutes false hope or extra particular random number selected is outside the range of equal visual encouragement to continue play, or subliminal message distribution of re-scaling values, it is permissible to re-scale of any nature. using a method such as discarding that random number and (7) As part of the final certification to the division, the selecting the next in sequence. laboratory shall provide written certification as part of the final (2) through (3) No change. game testing documentation attesting to the fact that as part of (4) For purposes of this rule “false hope” or “extra visual its examination of the machine and/or game for compliance encouragement” or “subliminal message” is defined as: The with Florida Statutes, the laboratory has: slot machine shall not make a variable secondary decision after (a) Performed a line-by-line review of the source code; selection of the game outcome. The slot machine shall not (b) Found that the code provides the laboratory with make a display that indicates the patron is getting close to a accurate descriptive labeling, header comment blocks, and lists win or that the chance to win is improved by another play. of subroutines sufficient to permit thorough review and (a) Any system representation of a letter, word, message, analysis; symbol, sign, or gaming outcome that can not be seen by the (c) Certified that all code modules are directly and actively naked eye alone that may encourage continued slot machine related to the audio and video conduct of game play, record play; or retention, monitoring system operation and/or troubleshooting; (b) Any letter, word, message, symbol, sign, or gaming (d) Not found any unused or unexplained code modules outcome that may be detected scientifically through slow present during the laboratory examination; and motion execution of the program in a frame-by-frame analysis (e) Certified that the machine and/or game complies with revealing a letter, word, message, symbol, sign, or gaming the language in Rule 61D-14.041, F.A.C., does not display any outcome that is otherwise not immediately discernable by the letter, word, message, symbol, sign, or gaming outcome, naked eye during credit play. however briefly, which constitutes false hope, extra visual (5) No slot machine authorized for play in Florida shall encouragement to continue play, or a subliminal message of (after selection of the game outcome) display: any nature. (a) Any letter, word, message, symbol, sign, or gaming (8) The laboratory shall include a copy of each of the outcome, however briefly, that constitutes false hope or extra certifications required under this rule as part of the formal visual encouragement or subliminal message of any nature; or approval documentation certifying the machine and/or game (b) A variable secondary decision after the selection of the for play in Florida to the division. game outcome; or (9) Any misstatements, omissions or errors in the required (c) Any letter, word, message, symbol, or sign that certification provided by either the laboratory or the indicates the patron is getting close to a win or that the chance manufacturer and/or distributor is a violation of rules to win is improved by another play. governing slot machine gaming. (6) Prior to submitting a game to an independent test Rulemaking Specific Authority 551.103(1), 551.122 FS. Law laboratory licensed by the state (laboratory) for examination, Implemented 551.103(1)(c), (d), (e), (g) FS. History–New 7-5-06, the manufacturer and/or distributor seeking certification of the Amended______. machine and/or game shall provide written certification to the laboratory as part of the final game approval documentation NAME OF PERSON ORIGINATING PROPOSED RULE: that the manufacturer and/or distributor has: David J. Roberts, Director, Division of Pari-Mutuel Wagering (a) Performed a line-by-line review of all source code not NAME OF AGENCY HEAD WHO APPROVED THE previously certified for use in Florida; PROPOSED RULE: Charles W. Drago, Secretary, Department (b) Ensured that the code provides the reviewer with of Business and Professional Regulation accurate descriptive labeling, header comment blocks, and lists DATE PROPOSED RULE APPROVED BY AGENCY of subroutines sufficient to permit thorough review and HEAD: May 5, 2009 analysis; DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 16, 2007

Section II - Proposed Rules 2545 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF BUSINESS AND PROFESSIONAL 61D-14.042 Accounting and Occurrence Meter REGULATION Specifications. Division of Pari-Mutuel Wagering (1) through (2)(a) No change. RULE NO.: RULE TITLE: (b) The number reflecting the amounts won or the award 61D-14.042 Accounting and Occurrence Meter reflected on the credit out meter shall cumulatively count all Specifications amounts the player has won by the player at the end of the PURPOSE AND EFFECT: The purpose and effect of the game that were not paid by an attendant, including amounts proposed rule will be to implement and interpret Florida paid by a ticket printer. The credit out This meter shall not Statutes that relate to rules regulating the conduct of slot increment for bills inserted and cashed out to allow the slot machine operations at pari-mutuel racing facilities. machine to be used as a change machine. In those cases where SUMMARY: The rule has been reworded to improve clarity. It amounts awarded are included on separate meters, the metering has also been updated to specify that metering requirements for requirements for the credit out meter can be met by summing the credit out meter can be met by summing the credit out, the number reflected on the credit out and machine paid machine paid external bonus payout, and machine paid external bonus payout meter; progressive payout meters. The update also permits advanced (c) The drop meter shall maintain a cumulative count of funds transfers; modifies the designation of the door meter to the credit value of all bills and tickets inserted into the bill specify that the door of interest is the slot machine door; and acceptor and Advanced Funds Transfer as identified in Rule removes reference to the drop door. 61D-14.078, F.A.C., processed for play; SUMMARY OF STATEMENT OF ESTIMATED (d) through (3)(a) No change. REGULATORY COSTS: No Statement of Estimated (b) A slot machine cabinet door meter shall display the Regulatory Cost was prepared. number of times the slot machine main front cabinet door was Any person who wishes to provide information regarding a opened since the last RAM clear; and statement of estimated regulatory costs, or provide a proposal (c) The slot machine shall show the time of the most for a lower cost regulatory alternative must do so in writing recent bill acceptor door opening drop door meter shall display within 21 days of this notice. the number of times the drop door and the bill acceptor door RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. was opened since the last RAM clear. LAW IMPLEMENTED: 551.103(1)(c), (d), (e), (g) FS. (4) through (6) No change. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Rulemaking Specific Authority 551.103(1), 551.122 FS. Law THIS NOTICE, A HEARING WILL BE HELD AT THE Implemented 551.103(1)(c), (d), (e), (g) FS. History–New 7-30-06, DATE, TIME AND PLACE SHOWN BELOW (IF NOT Amended______. REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. NAME OF PERSON ORIGINATING PROPOSED RULE: PLACE: Department of Business and Professional Regulation, David J. Roberts, Director, Division of Pari-Mutuel Wagering Division of Pari-Mutuel Wagering, North Broward Regional NAME OF AGENCY HEAD WHO APPROVED THE Service Center, 1400 West Commercial Blvd., Suite 195, Ft. PROPOSED RULE: Charles W. Drago, Secretary, Department Lauderdale, Florida 33309 of Business and Professional Regulation Pursuant to the provisions of the Americans with Disabilities DATE PROPOSED RULE APPROVED BY AGENCY Act, any person requiring special accommodations to HEAD: May 5, 2009 participate in this workshop/meeting is asked to advise the DATE NOTICE OF PROPOSED RULE DEVELOPMENT agency at least 5 days before the workshop/meeting by PUBLISHED IN FAW: March 16, 2007 contacting: Mary Polombo at (850)413-0750. If you are hearing or speech impaired, please contact the agency using the DEPARTMENT OF BUSINESS AND PROFESSIONAL Florida Relay Service, 1(800)955-8771 (TDD) or REGULATION 1(800)955-8770 (Voice). Division of Pari-Mutuel Wagering THE PERSON TO BE CONTACTED REGARDING THE RULE NO.: RULE TITLE: PROPOSED RULE IS: Mary Polombo, Clerk, Division of 61D-14.044 Identification of Program Storage Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Media, and Slot Machine Technical Florida 32399-1035 Requirements PURPOSE AND EFFECT: The purpose and effect of the THE FULL TEXT OF THE PROPOSED RULE IS: proposed rule will be to implement and interpret Florida Statutes that relate to rules regulating the conduct of slot machine operations at pari-mutuel racing facilities.

2546 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

SUMMARY: The rule has been substantially reworded to (1) All program storage media, both writable or improve clarity. It has also been updated to specify that non-writable, including EPROMs, Digital Versatile Disc programs used are not rewritable; removes the external check (DVD), Compact Disk – Read Only Memory (CD-ROM), and in favor of type III game internal check algorithm using any other type of program storage devices shall: Internal Checksum or Cyclic Redundancy Check (CRC); (a) Be marked with information to identify the software specifies the requirement that before a slot machine may be and revision level of the information stored in the devices; cleared after a failed authentication has occurred, the (b) Only be accessible with access to the locked logic supervising attendant must enter the time and date of the compartment; and failure in a permanent record; specifies the requirement of and (c) Have a method that shall require display of the the procedures to be enacted if “complete and continuous” program storage media identification information on the slot access to the facility based computer system is lost for a period machine if the program is copied to and executed from of 90 minutes or longer, and removes the requirement for slot Random Access Memory (RAM). machines to maintain an internal record of RAM and ROM (2) Read Only Memory (ROM) program storage media errors; specifies that authentication errors or RAM or ROM shall not be re-writable and shall be finalized and closed to errors will require the game to cease play and illuminate the prevent further writing. tower light. (3) For non-EPROM based media, the control program SUMMARY OF STATEMENT OF ESTIMATED shall authenticate all files that are critical to the accurate REGULATORY COSTS: No Statement of Estimated operation of the slot machine (“critical files”) by employing a Regulatory Cost was prepared. hashing algorithm which produces a “message digest” output Any person who wishes to provide information regarding a of a minimum of 128 bits. statement of estimated regulatory costs, or provide a proposal (4) For EPROM based media, the control program shall for a lower cost regulatory alternative must do so in writing test for possible corruption. The control program may use a within 21 days of this notice. Checksum or a Cyclic Redundancy Check (CRC) minimum of RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. 16-bit or equivalent for that test. LAW IMPLEMENTED: 551.103(1) (c), (d), (e), (f), (g) FS. (5) The slot machine shall authenticate all critical files IF REQUESTED WITHIN 21 DAYS OF THE DATE OF against the stored message digest(s), as required in subsection THIS NOTICE, A HEARING WILL BE HELD AT THE (3), above. In the event of a failed authentication after the slot DATE, TIME AND PLACE SHOWN BELOW (IF NOT machine has been powered up, the slot machine shall: REQUESTED, THIS HEARING WILL NOT BE HELD): (a) Immediately enter an error condition; DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. (b) Illuminate its tower light when one is present; and PLACE: Department of Business and Professional Regulation, (c) Cease operation. Division of Pari-Mutuel Wagering, North Broward Regional (6) Slot machine authentication failure shall: Service Center, 1400 West Commercial Blvd., Suite 195, Ft. (a) Require a supervisor’s intervention and authorization Lauderdale, Florida 33309 to correct; Pursuant to the provisions of the Americans with Disabilities (b) Be recorded in an error correction log that shall: Act, any person requiring special accommodations to 1. Be maintained in each slot machine; participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by 2. Be maintained as a permanent record of program contacting: Mary Polombo at (850)413-0750. If you are changes and error corrections for the specifically numbered hearing or speech impaired, please contact the agency using the slot machine; Florida Relay Service, 1(800)955-8771 (TDD) or 3. Include the details of each failed authentication and 1(800)955-8770 (Voice). corrective action; and THE PERSON TO BE CONTACTED REGARDING THE 4. Include the date and time of a failure, and date and time PROPOSED RULE IS: Mary Polombo, Clerk, Division of of the corrective action. Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, (7) For writable program storage the following Florida 32399-1035 requirements apply to the programs residing in the slot machine that are capable of being erased and reprogrammed THE FULL TEXT OF THE PROPOSED RULE IS: without being removed from the slot machine, bill changer, or other equipment or related devices: (Substantial rewording of Rule 61D-14.044 follows. See (a) Re-writable program storage shall only be written to in Florida Administrative Code for present text.) cases where the media contains only data, files, and programs 61D-14.044 Identification of Program Storage Media, and that are not critical to the basic operation of the game, such as Slot Machine Technical Requirements. marketing information.

Section II - Proposed Rules 2547 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(b) Notwithstanding the foregoing, such device may write (13) Following the initiation of a RAM clear procedure, to media containing critical data, files, and programs provided the slot machine’s control program shall execute a routine that that the gaming equipment: initializes all data in RAM to the default state, except those 1. Properly maintains a log of all information added, portions of RAM that are critical to the operation of the slot deleted, and modified that is stored on the media; machine. The default reel position or game display after a 2. Maintains a control program that verifies the validity of RAM clear shall not indicate the top award on any selectable all data, files, and programs which reside on the media using line. The default game display, upon entering game play mode, the methods listed in subsection (3), non-EPROM specific shall also not display the top award. requirements; (14) Slot machines shall be capable of detecting and 3. Contains appropriate security to prevent unauthorized displaying error conditions and illuminating the tower light for modifications; and each slot machine in those cases where such a light is 4. Prohibits game play while the media containing the available. Upon detection of error conditions, a slot machine critical data, files, and programs are in a modifiable state. shall disable play, and the slot machine and/or the facility (8) Slot machine component integrity checks shall: based monitoring system (FBMS) shall maintain an internal record if the error is for: (a) Occur: 1. The first time program files are loaded for use; and (a) Loss of communication with the FBMS for longer than 90 minutes; 2. During the use of components critical to the slot machine’s operation. (b) Low RAM battery, for batteries external to the RAM itself, or low power source; (b) Not occur: (c) Currency-in jam; 1. For RAM; and (d) Program error or authentication mismatch; 2. Program storage device space that is not critical to the slot machine security. (e) Door open, including bill acceptor; (f) Reel spin errors: (9) Critical files shall be authenticated during each slot machine start-up and restart. 1. The specific reel number shall be identified in the error (10) The authentication methodology shall detect 99.99 code; percent of all possible failures. All critical memory shall: 2. The final positioning of the reel, if the final indexed (a) Have the ability to retain data for a minimum of thirty position error exceeds one-half of the width of the smallest (30) days after power is removed from the slot machine. If a symbol on the reel strip; and rechargeable battery is used, the battery used to retain power 3. Malfunctions such as a reel which is jammed, or is not shall recharge itself to its full potential in a maximum of spinning freely, or any attempt to manipulate their final resting twenty-four (24) hours. The shelf life of the battery used shall position; be at least five (5) years; (g) Power reset; (b) Be cleared only in accordance with the slot machine (h) Out-of-paper; licensee’s internal controls; (i) Printer jam; (c) Provide a RAM error message, if the control program (j) Printer failure; and detects an unrecoverable memory error; and (k) Printer disconnected. (d) Not be cleared automatically, but shall require division (15) The slot machine licensee shall: approval of and presence for a full RAM clear that is (a) Establish procedures within its internal controls to performed by a slot machine lead technician or a more senior ensure that: employee. 1. The FBMS shall alert the FBMS supervisor when (11) A RAM clear shall only be authorized for the communication has been lost between a slot machine and the following: FBMS. (a) A slot machine malfunction that results in an 2. If communication to a slot machine is lost: unrecoverable memory error; a. The FBMS supervisor is responsible for monitoring the (b) An EPROM chip failure; play of the slot machine with which communication has been (c) A modification to the slot machine’s program; and lost; (d) Troubleshooting the system for possible RAM failure. b. Within 90 minutes of the loss of communication: (12) No RAM clear procedure shall be performed without (I) The facility shall restore communication between the prior division approval and division presence for the RAM slot machine and the FBMS; or clear procedure.

2548 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(II) The FBMS supervisor shall terminate play on each slot 2. Display an error message, until the next game has machine with which communication has not been restored no ended. later than 90 minutes from the time communication was (c) The software shall detect any access to the following originally lost. doors or secure areas: (b) Maintain either a manual or FBMS record of all 1. External doors; communication failures, which contains the date and time of 2. Drop box door; and the communication failure and resolution of that failure. 3. Bill acceptor door. (16) A slot machine that has authentication or RAM or (20) Each slot machine and/or bill acceptor shall detect ROM errors shall: and display an error condition and the bill acceptor shall be (a) Cease operation; disabled for the following conditions: (b) Automatically set to the disabled mode of operation; (a) Bill stacker full; and (b) Bill jams; (c) Automatically light its tower or similar light, if the (c) Bill acceptor door open; and machine has such. (d) Bill stacker door open or bill stacker removed. (17) A description of slot machine error codes and their meanings shall be affixed inside the slot machine. However, Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (f), (g) FS. History–New this subsection does not apply to video-based games that shall 8-13-06, Amended______. display text messages for error conditions on the game console. (18) The software shall be able to recover to the state it NAME OF PERSON ORIGINATING PROPOSED RULE: was in immediately prior to the occurrence of a program David J. Roberts, Director, Division of Pari-Mutuel Wagering interruption. Communications to an external device shall not NAME OF AGENCY HEAD WHO APPROVED THE begin until the program resumption routine is completed, and: PROPOSED RULE: Charles W. Drago, Secretary, Department (a) Upon restoration of power to the slot machine: of Business and Professional Regulation 1. The previous error message shall be displayed and the DATE PROPOSED RULE APPROVED BY AGENCY slot machine shall remain locked-up if a slot machine is HEAD: May 5, 2009 powered down while in an error condition; or DATE NOTICE OF PROPOSED RULE DEVELOPMENT 2. The previous error message shall not be displayed if: PUBLISHED IN FAW: March 16, 2007 a. The power down is used as part of the error reset procedure; or DEPARTMENT OF BUSINESS AND PROFESSIONAL b. Upon power up or door closure, the slot machine checks REGULATION for the error condition and detects that the error condition no Division of Pari-Mutuel Wagering longer exists. RULE NO.: RULE TITLE: (b) Upon resumption of the slot machine’s control 61D-14.047 Facility Based Monitoring System program, the following procedures shall be performed: and Computer Diagnostics 1. Slot machine control programs shall test themselves for PURPOSE AND EFFECT: The purpose and effect of the possible corruption due to failure of the program storage proposed rule will be to implement and interpret Florida media; and Statutes that relate to rules regulating the conduct of slot 2. Mechanical displays shall re-spin automatically to machine operations at pari-mutuel racing facilities. display the last valid game’s result when the play mode is SUMMARY: The rule has been substantially reworded to re-entered, and the reel positions have been altered. improve clarity and requires a slot machine not be enabled to (19) The slot machine’s main door shall affect game play play following the detection of errors until the control program in the following ways: is authenticated. (a) When the slot machine’s main door is opened, the slot SUMMARY OF STATEMENT OF ESTIMATED machine shall: REGULATORY COSTS: No Statement of Estimated 1. Cease game play; Regulatory Cost was prepared. 2. Enter an error condition; Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal 3. Display an error message; for a lower cost regulatory alternative must do so in writing 4. Disable bill acceptance; and within 21 days of this notice. 5. Illuminate the tower light when one is available. RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. (b) When the slot machine’s main door is closed, the slot LAW IMPLEMENTED: 551.103(1)(e), (g), (i), 551.104(4)(f) machine shall: FS. 1. Return to its original state in the game; and

Section II - Proposed Rules 2549 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (b) Maintain separate electronic meters that shall allow for THIS NOTICE, A HEARING WILL BE HELD AT THE review on demand at the interface element level; DATE, TIME AND PLACE SHOWN BELOW (IF NOT (c) Retain the required information after a power loss for REQUESTED, THIS HEARING WILL NOT BE HELD): at least 72 hours; DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. (d) Provide a means to preserve all meter information PLACE: Department of Business and Professional Regulation, required by Rule 61D-14.042, F.A.C., and event information Division of Pari-Mutuel Wagering, North Broward Regional required by Rule 61D-14.046, F.A.C., until it is communicated Service Center, 1400 West Commercial Blvd., Suite 195, Ft. to the FBMS; and Lauderdale, Florida 33309 (e) Allow for the association of a slot machine asset Pursuant to the provisions of the Americans with Disabilities number used in conjunction with a slot machine file on the Act, any person requiring special accommodations to FBMS. The slot machine asset number shall be used by the participate in this workshop/meeting is asked to advise the FBMS to: agency at least 5 days before the workshop/meeting by 1. Track all information regarding an individual slot contacting: Mary Polombo at (850)413-0750. If you are machine; and hearing or speech impaired, please contact the agency using the 2. Identify only one slot machine in the FBMS. Florida Relay Service, 1(800)955-8771 (TDD) or (4) An interface element that serves as a data collector for 1(800)955-8770 (Voice). the FBMS shall: THE PERSON TO BE CONTACTED REGARDING THE (a) Provide an error detection and correction scheme to PROPOSED RULE IS: Mary Polombo, Clerk, Division of ensure an accuracy of 99 percent or better of messages Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, received; and Florida 32399-1035 (b) Encrypt all accounting data communications. THE FULL TEXT OF THE PROPOSED RULE IS: (5) Each system critical to the operation of the slot machine’s interface element and the FBMS shall be tested to (Substantial rewording of Rule 61D-14.047 follows. See verify that it performs within its manufactured design Florida Administrative Code for present text.) specifications. Each system shall be tested: 61D-14.047 Facility Based Monitoring System and (a) Under controlled laboratory conditions prior to Computer Diagnostics. installation at a slot machine licensed facility; and (1) The facility based monitoring system’s slot machine (b) At the installation site (a slot machine licensed facility) communication protocol shall have the ability to immediately upon the initial installation of the system to ensure proper act upon commands received from the facility based configuration of the equipment and installation of the security monitoring system (FBMS), which provide: applications. (a) The ability to suspend play on a slot machine; (6) The FBMS shall maintain an internal master clock that (b) Daily reports of events; and reflects time in 24-hour format and data that shall be used to provide: (c) Reports providing: (a) Time stamp of events; 1. All accounting data contained in the FBMS; (b) Reference clock for reporting; and 2. Information on individual events and transactions (c) Updated clocks in the system servers, networked contained in the FBMS; and systems, or distributed systems. 3. The history of a specific slot machine transaction contained in the FBMS. (7) The FBMS shall: (2) The FBMS shall: (a) Not permit the alteration of any accounting or event log information without the approval of a supervisor; (a) Capture all information required for tickets enumerated in subsection 61D-14.040(2), F.A.C.; (b) Create an audit log for any alterations of any accounting or event log information. The audit log must (b) Not permit a configuration setting change that causes include at least: an obstruction or interruption to the electronic accounting meters, affect the integrity of the slot machine, or 1. The name of the data element altered; communications without a RAM clear as provided in 2. The value of the data element: subsection 61D-14.044(8), F.A.C. a. Prior to data alteration; and (3) For the purposes of this rule, an interface element is b. After data alteration. any system component external to the operation of a slot 3. The time and date of alteration for each data element machine that assists in the collection and processing of data alteration event; and sent to the FBMS. All interface elements shall: 4. The identification of: (a) Be installed in a locked area; a. The individual who performed the alteration; and

2550 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

b. The supervisor approving the alteration. (a) Total credits-in; (8) The FBMS shall provide: (b) Total credits-out; (a) Redundant copies of each log file or system database or (c) Total value of all bills, tickets, and vouchers collected both; and by the slot machine; (b) Open support for backups and restoration of each log (d) Total value of all handpays; file or system database. (e) Cancelled unpaid credits; (9) The data contained in the FBMS shall be backed-up or (f) Total monetary value of all bills accepted; saved daily in some form of back-up data records maintained (g) Total number of each type of bill accepted by on removable computer storage media. The back-up data denomination; records shall be sufficient to reconstruct the entire day’s (h) Games played; activity. (i) Cabinet door openings; (a) In addition to the requirements of Rule 61D-14.080, (j) Drop door openings; F.A.C., a ready copy of the back-up data records shall be stored (k) Total monetary value of all tickets accepted; and for a minimum of 120 days secured in an industry standard (l) Total monetary value of all tickets produced. two-hour fire and water resistant storage device either on-site or at an off-site location. Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (g), (i), 551.104(4)(f) FS. History– (b) The slot machine licensee shall provide the contact New 8-13-06, Amended______. information, address, and telephone number of each off-site storage location to the division when: NAME OF PERSON ORIGINATING PROPOSED RULE: 1. The off-site location is first used for storage; and David J. Roberts, Director, Division of Pari-Mutuel Wagering 2. Each time a new off-site location is used or an off-site NAME OF AGENCY HEAD WHO APPROVED THE location is changed. PROPOSED RULE: Charles W. Drago, Secretary, Department (c) Off-site storage contact inormation should be sent to of Business and Professional Regulation the Office of Slot Operations, Division of Pari-Mutuel Wagering, DATE PROPOSED RULE APPROVED BY AGENCY North Broward Regional Service Center, 1400 West Commercial HEAD: May 5, 2009 Boulevard, Suite 165, Ft. Lauderdale, Florida 33309-3787. DATE NOTICE OF PROPOSED RULE DEVELOPMENT (10) The FBMS shall only be reloaded using data PUBLISHED IN FAW: March 16, 2007 contained in the most recent complete back-up data records that contains at least: DEPARTMENT OF BUSINESS AND PROFESSIONAL (a) An events log; REGULATION (b) All accounting information; Division of Pari-Mutuel Wagering (c) All auditing information; and RULE NOS.: RULE TITLES: (d) Specific site information such as device file or 61D-14.053 Key Controls employee file. 61D-14.063 Count Rooms (11) The FBMS shall: PURPOSE AND EFFECT: The purpose and effect of the (a) Implement self-monitoring for all interface elements; proposed rules will be to implement and interpret Florida Statutes that relate to rules regulating the conduct of slot (b) Notify the system administrator of any error condition; machine operations at pari-mutuel racing facilities. (c) Monitor the operation of each slot machine in SUMMARY: The rule has been reworded to improve clarity. real-time; The updated rules specify the documentation required in the (d) Retrieve all financial accounting information for each access log regarding any secure key in Rule 61D-14.053, slot machine on a daily basis; F.A.C., and specify that a metal detector shall be used as (e) Report all events in real-time; and outlined in the facility internal controls to inspect persons (f) Employ security systems, support measures, or exiting the count room in Rule 61D-14.063, F.A.C. networks to ensure that there is no alteration of any SUMMARY OF STATEMENT OF ESTIMATED information as it is being communicated from a slot machine to REGULATORY COSTS: No Statement of Estimated the FBMS. Regulatory Cost was prepared. (12) A slot machine shall not be enabled to play following Any person who wishes to provide information regarding a the receipt of any error listed in subsection 61D-14.044(14), statement of estimated regulatory costs, or provide a proposal F.A.C., until the control program is authenticated. for a lower cost regulatory alternative must do so in writing (13) The FBMS shall collect and store the following within 21 days of this notice. information from each slot machine:

Section II - Proposed Rules 2551 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. (f) The name and occupational license number of the LAW IMPLEMENTED: 551.103(1)(b), (d), (e), (g), (i), employee and security person, providing the escort, returning 551.104(4)(h) FS. the key; and IF REQUESTED WITHIN 21 DAYS OF THE DATE OF (g)(c) The date and time the key was returned to the THIS NOTICE, A HEARING WILL BE HELD AT THE security department. DATE, TIME AND PLACE SHOWN BELOW (IF NOT (5) Each slot machine licensee shall implement measures REQUESTED, THIS HEARING WILL NOT BE HELD): in their internal control procedures for: DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. (a) Addressing missing, lost, and stolen keys; PLACE: Department of Business and Professional Regulation, (b) Issuing replacement keys; and Division of Pari-Mutuel Wagering, North Broward Regional (c) Destruction of keys. Service Center, 1400 West Commercial Blvd., Suite 195, Ft. Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Lauderdale, Florida 33309 Implemented 551.103(1)(b), (e), (g), (i), 551.104(4)(h) FS. History– Pursuant to the provisions of the Americans with Disabilities New 6-25-06, Amended______. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the 61D-14.063 Count Rooms. agency at least 5 days before the workshop/meeting by (1) through (2)(a)2. No change. contacting: Mary Polombo at (850)413-0750. If you are (b) Tables shall be constructed of clear lexan or similar hearing or speech impaired, please contact the agency using the material; Florida Relay Service, 1(800)955-8771 (TDD) or (c) No change. 1(800)955-8770 (Voice). (d) A fixed door type or hand-held metal detector which THE PERSON TO BE CONTACTED REGARDING THE shall be used in accordance with the facility internal control PROPOSED RULES IS: Mary Polombo, Clerk, Division of procedures to inspect all persons exiting the count room. Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Florida 32399-1035 Implemented 551.103(1)(d), (g), (i) FS. History–New 6-25-06, Amended______. THE FULL TEXT OF THE PROPOSED RULES IS: NAME OF PERSON ORIGINATING PROPOSED RULE: 61D-14.053 Key Controls. David J. Roberts, Director, Division of Pari-Mutuel Wagering (1) through (2)(c) No change. NAME OF AGENCY HEAD WHO APPROVED THE (d) Areas in which slot cash storage boxes are located; and PROPOSED RULE: Charles W. Drago, Secretary, Department (e) Compartments housing microprocessors in any slot of Business and Professional Regulation machine; and. DATE PROPOSED RULE APPROVED BY AGENCY (f) Containers holding the master key for each slot HEAD: May 5, 2009 machine Central Processing Unit (CPU). DATE NOTICE OF PROPOSED RULE DEVELOPMENT (3) No change. PUBLISHED IN FAW: March 16, 2007 (4) Each slot machine licensee shall implement a log system. The log system shall document access to any secure DEPARTMENT OF BUSINESS AND PROFESSIONAL key that the security department controls and shall include the REGULATION following information: that requires documentation of access Division of Pari-Mutuel Wagering to any secure key that shall include without limitation: RULE NO.: RULE TITLE: (a) The pre-designated key number name and occupational 61D-14.075 Jackpot Payouts Not Paid Directly license number of the employee signing out the key; From the Slot Machine (b) The date and time the key was signed out from the PURPOSE AND EFFECT: The purpose and effect of the security department; and proposed rule will be to implement and interpret Florida (c) The name and occupational license number of the Statutes that relate to rules regulating the conduct of slot employee signing out the key; machine operations at pari-mutuel racing facilities. (d) The name and occupational license number of the SUMMARY: The rule has been substantially reworded to security person escorting the employee with the key to the improve clarity and specifies procedures required to verify secure area as a second signature signing out the key; jackpot payouts and conditions under which jackpot payment (e) The name and occupational license number of the of $25,000 or more shall be paid. security person issuing the key; SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

2552 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Any person who wishes to provide information regarding a a. Marked “void”; and statement of estimated regulatory costs, or provide a proposal b. Signed by the preparer and a slot attendant or for a lower cost regulatory alternative must do so in writing supervisor. within 21 days of this notice. (3) Each series of manual jackpot payout slips shall be a RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. three-part form that is: LAW IMPLEMENTED: 551.103(1)(c), (d), (g), (i) FS. (a) Inserted in a locked jackpot payout dispenser system. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF The jackpot payout dispenser system shall: THIS NOTICE, A HEARING WILL BE HELD AT THE 1. Permit all three parts of individual jackpot payout slips DATE, TIME AND PLACE SHOWN BELOW (IF NOT in the series to be written upon simultaneously while still in the REQUESTED, THIS HEARING WILL NOT BE HELD): dispenser; and DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. 2. Discharge the original and duplicate jackpot payout PLACE: Department of Business and Professional Regulation, slips while the triplicate jackpot payout slip remains in a Division of Pari-Mutuel Wagering, North Broward Regional continuous unbroken form in the jackpot payout dispenser Service Center, 1400 West Commercial Blvd., Suite 195, Ft. system; Lauderdale, Florida 33309 (b) Maintained so that only those employees identified in Pursuant to the provisions of the Americans with Disabilities subparagraph (2)(c)3. of this rule: Act, any person requiring special accommodations to 1. Control and account for the unused supply of jackpot participate in this workshop/meeting is asked to advise the payout slips; agency at least 5 days before the workshop/meeting by 2. Place all jackpot payout slips in the locked jackpot contacting: Mary Polombo at (850)413-0750. If you are payout dispenser system; hearing or speech impaired, please contact the agency using the 3. Remove the triplicate copies of those jackpot payout Florida Relay Service, 1(800)955-8771 (TDD) or slips issued from the locked jackpot payout dispenser system; 1(800)955-8770 (Voice). and THE PERSON TO BE CONTACTED REGARDING THE 4. Control access to the triplicate copy of the jackpot PROPOSED RULE IS: Mary Polombo, Clerk, Division of payout slips at all times. Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, (4) Each series of computer prepared jackpot payout slips Florida 32399-1035 shall be a two-part form that is: THE FULL TEXT OF THE PROPOSED RULE IS: (a) Inserted in a printer and printed simultaneously in original and duplicate; and (Substantial rewording of Rule 61D-14.075 follows. See (b) Printed from information that is securely stored in the Florida Administrative Code for present text.) facility based monitoring system and cannot be altered or 61D-14.075 Jackpot and Credit Meter Payouts Not Paid removed after the jackpot payout slip is printed. Directly From the Slot Machine. (5) The following information shall be included on every (1) A slot machine licensee employee shall complete a jackpot payout slip and in all jackpot payout slip stored data: manual or system generated jackpot payout slip whenever a (a) The asset number of the slot machine on which the patron wins a jackpot that is not automatically paid directly jackpot was registered; from the slot machine. (b) The total amount of the jackpot; (2) Jackpot payout slips shall be: (c) The winning combination of reel characters (a) Consecutively numbered; constituting the jackpot; (b) Used in sequential order; and (d) The date and time the jackpot occurred; (c) Controlled as follows: (e) The amount to be paid from the cashier’s cage; and 1. Manual jackpot payout slips shall be consecutively (f) The time of preparation of the jackpot payout form. prenumbered forms; (6) For all jackpots equal to or in excess of $10,000, the 2. Jackpot payout slips created by the facility based slot machine licensee shall disburse payment only from the monitoring system shall be printed with consecutive cashier’s cage directly to: numbering; 1. The patron; or 3. Employees not assigned to duties in either the cashier’s 2. A slot machine licensee employee assigned to a cage or the slot department shall document each series of supervisor’s position who shall transport the winnings from the jackpot payout slips the slot machine licensee receives; cashier’s cage directly to the patron. 4. All void original and duplicate jackpot payout slips (7) Certification of the accuracy of the information shall be: contained on the original and duplicate of the jackpot payout slip shall be provided by:

Section II - Proposed Rules 2553 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(a) The cashier/slot personnel who prepared the jackpot (I) The program in the slot machine is an authorized payout slip and a slot supervisor who observed the reel version for play in the State of Florida, the slot machine characters of the slot machine who shall sign the jackpot licensee shall proceed with its jackpot payout procedures as payout form; and outlined in its internal control procedures; or (b) Where the jackpot is equal to or in excess of $10,000, a (II) The program in the slot machine is not an authorized manager and a member of the security department who shall version for play in the State of Florida, the jackpot shall be held also sign the jackpot payout form in addition to the signatures in abeyance for further investigation. required under paragraph (7)(a). e. If a jackpot is held in abeyance for further investigation, (8) The original jackpot payout slip shall be forwarded to the designated slot machine and all jackpot records and the accounting department for: surveillance information shall be retained until an investigation (a) Reconciliation with: is completed. A jackpot payment decision shall be made based 1. The triplicate of the manual jackpot payout slip; or upon the outcome of the investigation. 2. The data stored on the facility based monitoring system (10) The accounting department shall verify that all for all computer prepared jackpot payout slips; jackpot payouts are in compliance with Chapter 61D-14, (b) Recording on the slot win sheet; F.A.C. (c) Reconciliation with the meter reading recorded on the (11) When a non-cash prize is offered as a slot machine slot meter sheet. jackpot or payout for winnings, the slot machine licensee shall: (9) Prior to payment of a slot jackpot of $25,000 or more, (a) Make an equivalent cash option available to the patron. the slot machine licensee shall conduct a verification check of (b) Use the amount of the equivalent cash option in the game. The game verification check shall: calculation of slot machine revenues. (a) Be completed by two slot machine licensee employees, (c) Include all details of each cash/prize jackpot option at least one of whom shall be in a supervisor’s position. The transaction on Form DBPR PMW-3680, Slot Jackpot two slot machine licensee employees shall be: Prize/Cash Option Report, which is adopted and incorporated 1. In possession of a valid slot machine occupational by Rule 61D-15.001, F.A.C. license issued by the state; and Rulemaking Specific Authority 551.103(1), 551.122 FS. Law 2. Assigned to different departments. Implemented 551.103(1)(c), (d), (g), (i) FS. History–New 6-25-06, (b) Confirm the condition of the division security tape on Amended______. the slot machine involved in the jackpot. NAME OF PERSON ORIGINATING PROPOSED RULE: 1. If the division security tape is not broken, the slot David J. Roberts, Director, Division of Pari-Mutuel Wagering machine licensee shall complete its payment procedure as NAME OF AGENCY HEAD WHO APPROVED THE outlined in its internal control procedures. PROPOSED RULE: Charles W. Drago, Secretary, Department 2. If the division security tape is found to have been of Business and Professional Regulation broken or tampered with, the following shall be accomplished: DATE PROPOSED RULE APPROVED BY AGENCY a. The slot machine licensee shall notify the surveillance HEAD: May 5, 2009 department to provide coverage of the slot machine area DATE NOTICE OF PROPOSED RULE DEVELOPMENT involved; remove the designated slot machine involved in the PUBLISHED IN FAW: March 16, 2007 jackpot from play; retain all surveillance records regarding the designated slot machine; notify FDLE of the jackpot and DEPARTMENT OF BUSINESS AND PROFESSIONAL broken or tampered division security tape; and secure the REGULATION designated slot machine until such time as the FDLE Division of Pari-Mutuel Wagering investigator may make a determination regarding the jackpot; RULE NO.: RULE TITLE: b. An FDLE and division representative shall conduct an 61D-14.079 Resolution of Jackpot Disputes investigation, including a verification check of game-related PURPOSE AND EFFECT: The purpose and effect of the storage media and obtain confirmation that all documents are proposed rule will be to implement and interpret Florida complete and legible; Statutes that relate to rules regulating the conduct of slot c. The division shall use a verification device that is machine operations at pari-mutuel racing facilities. approved by the division for testing slot machines for SUMMARY: The new rule specifies allowances and compliance with Chapter 551, F.S., and Chapter 61D-14, requirements for resolution of jackpot disputes above and F.A.C.; and below $25,000 at a slot machine gaming facility. d. If the test results from the verification device reflect SUMMARY OF STATEMENT OF ESTIMATED that: REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

2554 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Any person who wishes to provide information regarding a c. Facility based monitoring system records, and statement of estimated regulatory costs, or provide a proposal d. Witness statements. for a lower cost regulatory alternative must do so in writing 2. Notify the surveillance department to provide within 21 days of this notice. surveillance recordings made at the time of the jackpot and RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. subsequent jackpot dispute for the slot machine area involved LAW IMPLEMENTED: 551.103(1)(c), (d), (e), (i) FS. in the jackpot dispute; IF REQUESTED WITHIN 21 DAYS OF THE DATE OF 3. Notify an independent testing laboratory licensed by the THIS NOTICE, A HEARING WILL BE HELD AT THE State of Florida of the jackpot dispute and make arrangements DATE, TIME AND PLACE SHOWN BELOW (IF NOT for analysis and assessment of the slot machine and slot REQUESTED, THIS HEARING WILL NOT BE HELD): machine game in question; DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. 4. Seal the slot machine and remove it from play until the PLACE: Department of Business and Professional Regulation, dispute is resolved; Division of Pari-Mutuel Wagering, North Broward Regional 5. Obtain witness statements regarding the dispute; and Service Center, 1400 West Commercial Blvd., Suite 195, Ft. 6. Establish an investigation file for the dispute. Lauderdale, Florida 33309 (b) In those instances in which the jackpot dispute is less Pursuant to the provisions of the Americans with Disabilities than $25,000, the licensee shall resolve the jackpot dispute Act, any person requiring special accommodations to according to its approved internal controls. participate in this workshop/meeting is asked to advise the (4) The licensee shall maintain all dispute resolution files agency at least 5 days before the workshop/meeting by for division review and retain the files pursuant to Rule contacting: Mary Polombo at (850)413-0750. If you are 61D-14.080, F.A.C. hearing or speech impaired, please contact the agency using the Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented Florida Relay Service, 1(800)955-8771 (TDD) or 551.103(1)(c), (d), (e), (i) FS. History–New______. 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE NAME OF PERSON ORIGINATING PROPOSED RULE: PROPOSED RULE IS: Mary Polombo, Clerk, Division of David J. Roberts, Director, Division of Pari-Mutuel Wagering Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, NAME OF AGENCY HEAD WHO APPROVED THE Florida 32399-1035 PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation THE FULL TEXT OF THE PROPOSED RULE IS: DATE PROPOSED RULE APPROVED BY AGENCY 61D-14.079 Resolution of Jackpot Disputes. HEAD: May 5, 2009 (1) A slot machine licensee’s internal controls, required DATE NOTICE OF PROPOSED RULE DEVELOPMENT pursuant to Rule 61D-14.058, F.A.C., shall include written PUBLISHED IN FAW: March 16, 2007 procedures outlining how the slot machine licensee shall resolve jackpot disputes. DEPARTMENT OF BUSINESS AND PROFESSIONAL (2) A patron shall report a jackpot dispute to the slot REGULATION machine licensee responsible for the operation and Division of Pari-Mutuel Wagering management of the slot machine licensed facility. RULE NO.: RULE TITLE: (3) Whenever a patron reports a jackpot dispute, the 61D-14.087 Variance Reports and Response to following shall occur: Division Reports and Audits (a) In those instances in which the jackpot amount is PURPOSE AND EFFECT: The purpose and effect of the $25,000 or more, the slot machine licensee shall resolve the proposed rule will be to implement and interpret Florida dispute pursuant to its internal controls and immediately: Statutes that relate to rules regulating the conduct of slot machine operations at pari-mutuel racing facilities. 1. Notify the Office of Slot Operations, Division of Pari-Mutuel Wagering, North Broward Regional Service Center, SUMMARY: The rule has been substantially reworded to 1400 West Commercial Boulevard, Suite 165, Ft. Lauderdale, improve clarity. The updated rule also specifies licensee Florida 33309-3787, of the jackpot dispute and that the slot reporting frequency and response requirements regarding machine licensee is preserving evidence to resolve the jackpot variance reports, including the details of variance and the dispute which evidence shall include: licensee’s proposed corrective action. a. Surveillance information of the designated slot SUMMARY OF STATEMENT OF ESTIMATED machine; REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. b. Records for the designated slot machine;

Section II - Proposed Rules 2555 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Any person who wishes to provide information regarding a (c) The report shall include a statement of corrective statement of estimated regulatory costs, or provide a proposal action indicating what action was taken or will be taken, what for a lower cost regulatory alternative must do so in writing systems or records were or will be updated, and a certification within 21 days of this notice. that the correction will be part of the end-of-month revenue RULEMAKING AUTHORITY: 551.103(1), 551.122 FS. report to the division. LAW IMPLEMENTED: 551.103(1)(d), (g), 551.104(8) FS. (d) The report shall include a proposed date of correction IF REQUESTED WITHIN 21 DAYS OF THE DATE OF in those instances where the corrective action will occur THIS NOTICE, A HEARING WILL BE HELD AT THE subsequent to the report required by this rule. The slot machine DATE, TIME AND PLACE SHOWN BELOW (IF NOT licensee shall submit a follow-up report to the division REQUESTED, THIS HEARING WILL NOT BE HELD): whenever corrective action occurs subsequent to the report. DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. The follow-up report shall indicate what action was taken, PLACE: Department of Business and Professional Regulation, what systems or records were updated and a certification that Division of Pari-Mutuel Wagering, North Broward Regional the correction will be part of the end-of-month revenue report Service Center, 1400 West Commercial Blvd., Suite 195, Ft. to the division. Lauderdale, Florida 33309 (2) A slot machine licensee or occupational licensee shall Pursuant to the provisions of the Americans with Disabilities provide a written response to the division within: Act, any person requiring special accommodations to (a) Five business days from the date of receipt of a written participate in this workshop/meeting is asked to advise the request from the division for information or corrective action; agency at least 5 days before the workshop/meeting by or contacting: Mary Polombo at (850)413-0750. If you are (b) Thirty (30) calendar days from: hearing or speech impaired, please contact the agency using the 1. The date a slot machine licensee conducts an audit and Florida Relay Service, 1(800)955-8771 (TDD) or finds deficiencies requiring corrective action; or 1(800)955-8770 (Voice). 2. The date the division or an independent auditor THE PERSON TO BE CONTACTED REGARDING THE conducts an audit and finds deficiencies requiring corrective PROPOSED RULE IS: Mary Polombo, Clerk, Division of action. Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Florida 32399-1035 Implemented 551.103(1)(d), (g), 551.104(8) FS. History–New 6-25-06, Amended______. THE FULL TEXT OF THE PROPOSED RULE IS: NAME OF PERSON ORIGINATING PROPOSED RULE: (Substantial rewording of Rule 61D-14.087 follows. See David J. Roberts, Director, Division of Pari-Mutuel Wagering Florida Administrative Code for present text.) NAME OF AGENCY HEAD WHO APPROVED THE 61D-14.087 Variance Reports and Response to Division PROPOSED RULE: Charles W. Drago, Secretary, Department Reports and Audits. of Business and Professional Regulation (1) Each slot machine licensee shall provide a written DATE PROPOSED RULE APPROVED BY AGENCY variance report (report) for any variance in financial reporting HEAD: May 5, 2009 or accounting detected during daily operations at a facility to DATE NOTICE OF PROPOSED RULE DEVELOPMENT the division at 1400 W. Commercial Blvd., Ft. Lauderdale, FL PUBLISHED IN FAW: March 16, 2007 33309. For purposes of this rule, a variance is defined as the difference between the amount reported in a specific category DEPARTMENT OF BUSINESS AND PROFESSIONAL on the slot machine licensee’s initial report to the division and REGULATION the slot machine licensee’s final report for a designated Division of Pari-Mutuel Wagering business day. The following requirements apply to this report: RULE NOS.: RULE TITLES: (a) The report shall be submitted no later than 48 hours 61D-14.096 Requirement for Shipment of All after identification of a variance or at the end of the next Slot Machines and Slot Machine business day if the variance is identified on a weekend; Components (b) The report shall provide details of the variance in 61D-14.097 Responsibility for Control of Slot narrative form. The report shall also cite the numeric readings Machine or Slot Machine from the meters or other accounting equipment found to be out Component Shipment of agreement within the facility based monitoring system and 61D-14.098 Slot Machine Seal associated facility management systems;

2556 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

PURPOSE AND EFFECT: The purpose and effect of the (a) Licensed pari-mutuel slot machine facility; proposed rules will be to implement and interpret Florida (b) Designated DBPR or FDLE training site; Statutes that relate to rules regulating the conduct of slot (c) Certified educational institution; machine operations at pari-mutuel racing facilities. (d) Licensed slot machine manufacturer’s or distributor’s SUMMARY: Rule 61D-14.096, F.A.C., specifies the slot slot machine storage and maintenance facility; or machine licensee’s responsibility for the shipment of slot (e) Out-of-state location. machines into, out of and within the state; Rule 61D-14.097, (2) The information and material required to request F.A.C., specifies requirements imposed on all slot machine shipment of any slot machine or slot machine component shall licensees for control of slot machines they ship from their include the following: facilities; and Rule 61D-14.098, F.A.C., specifies the use of (a) The submission of a completed paper or electronic regulatory seals uniquely identifying slot machines that have Form DBPR PMW-3900, Slot Machine and Component been properly shipped into and received in the state. Application for Shipment, and Form DBPR PMW-3910, Slot SUMMARY OF STATEMENT OF ESTIMATED Machine and Component Application Shipment Record, both REGULATORY COSTS: No Statement of Estimated adopted and incorporated by Rule 61D-15.001, F.A.C., to the Regulatory Cost was prepared. Chief of Slot Operations; and Any person who wishes to provide information regarding a (b) A pre-certification that equipment being proposed for statement of estimated regulatory costs, or provide a proposal shipment into the state for use at locations designated in for a lower cost regulatory alternative must do so in writing paragraphs (1)(a) through (d) meet all requirements for slot within 21 days of this notice. machines and slot machine components in the State of Florida. RULEMAKING AUTHORITY: 551.103(1), 551.109(2)(a), (3) Shipment of any slot machine or slot machine (b), 551.122 FS. component shall comply with the following requirements: LAW IMPLEMENTED: 551.103(1)(c), (e), (i), 551.109(2)(a), (a) No slot machine or slot machine component that will (b) FS. be shipped through the state pursuant to the requirements of IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Chapter 551, F.S., can be shipped until the Chief of Slot THIS NOTICE, A HEARING WILL BE HELD AT THE Operations or his or her designee provides formal signed DATE, TIME AND PLACE SHOWN BELOW (IF NOT approval for that shipment. The division shall provide written REQUESTED, THIS HEARING WILL NOT BE HELD): approval to the shipper by hand-delivery, mail or electronic DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. means such as email or FAX. PLACE: Department of Business and Professional Regulation, (b) All slot machine shipments shall be scheduled to Division of Pari-Mutuel Wagering, North Broward Regional permit the Chief of Slot Operations or his or her designee to be Service Center, 1400 West Commercial Blvd., Suite 195, Ft. present upon arrival of the shipment at the approved Lauderdale, Florida 33309 destination in Florida; Pursuant to the provisions of the Americans with Disabilities (c) All slot machines and slot machine components must Act, any person requiring special accommodations to be shipped in the following manner: participate in this workshop/meeting is asked to advise the 1. For purposes of this rule, the term “shipping seal” shall agency at least 5 days before the workshop/meeting by mean a material of some description (generally a large paper contacting: Mary Polombo at (850)413-0750. If you are patch with adhesive backing) applied across a closed door or hearing or speech impaired, please contact the agency using the closed container top. The shipping seal shall be applied in such Florida Relay Service, 1(800)955-8771 (TDD) or a fashion that should the door or container be opened, the 1(800)955-8770 (Voice). shipping seal must be broken or damaged. A broken shipping THE PERSON TO BE CONTACTED REGARDING THE seal shall indicate the door or container has been opened. PROPOSED RULES IS: Mary Polombo, Clerk, Division of 2. All slot machine and slot machine components shall be Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, transported in container, compartment, or freight trailer that Florida 32399-1035 has been secured and bears a shipping seal. 3. All central processing unit (CPU) main boards and THE FULL TEXT OF THE PROPOSED RULES IS: erasable programmable read-only memory (EPROM) units 61D-14.096 Requirement for Shipment of All Slot shall be delivered separately or encased in a separate Machines and Slot Machine Components. compartment within a larger freight compartment or freight (1) This rule applies to the shipment of any slot machine trailer. Each compartment shall bear a shipping seal. The or slot machine component as defined in Chapter 551, F.S., required shipping seal shall be applied at the shipper’s point of whether the item or items are being shipped into, out of, or origin. Alternatively, the slot machine or slot machine within the State of Florida to a: component may be shipped intact with the logic compartment

Section II - Proposed Rules 2557 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 locked and rendered inoperable so long as the key to such lock (2) Licensed manufacturers and distributors must request is shipped separately from the slot machine or slot machine approval from the Chief of Slot Operations or his or her component. designee for shipment into, out of, or within the State of 4. All shipment containers must have a shipping seal Florida at least five days in advance of the proposed shipment applied at the shipper’s point of origin. The shipping seal shall date to or from an approved destination in Florida. remain intact until inspected and accepted by the Chief of Slot (3) Entities identified in subsection 61D-14.096(1), Operations or his or her designee, at which time the seal shall F.A.C., (entity) shall take the following actions to arrange a be broken by Slot Operations representatives. shipment of a slot machine or slot machine component to a a. Where equipment is shipped in vehicle freight trailers facility licensed pursuant to Chapter 551, F.S., into or within (when an entire freight trailer is used for shipment), the shipper the State of Florida. The entity shall: shall affix a shipping seal across the center of each of the (a) Notify the Chief of Slot Operations no later than trailer’s exterior doors so that should the door be opened, the five days in advance of the date of the proposed shipment of shipping seal would be broken. Additionally, the shipper shall any slot machine or slot machine component as defined in also apply a shipping seal to each individual packing box Chapter 551, F.S.; comprising the shipment. Shipping seals applied by the shipper (b) Confirm the slot machine or slot machine component must not be broken or removed until delivery and inspection by complies with the requirements of Rule 61D-14.022, F.A.C., the Chief of Slot Operations or his or her designee at the prior to requesting shipment to an approved location within the approved destination in Florida. State of Florida; b. For those shipments not using an entire vehicle or (c) Coordinate a mutually acceptable delivery date and freight trailer, shippers shall apply a shipping seal to each time for the Chief of Slot Operations or his or her designee to individual package, and the shipment seals shall not be broken accept delivery or be present for the packing of the slot or removed until delivery and inspection by the Chief of Slot machine or slot machine component pursuant to Rule Operations or his or her designee at the approved destination in 61D-14.096, F.A.C.; and Florida. (d) Obtain approval of changes to a floor plan pursuant to (d) All software components shall be delivered to the Rule 61D-14.050, F.A.C., in those cases where an approved division regional office at 1400 W. Commercial Blvd., Ft. floor plan exists or is required at the entity’s location. Lauderdale, FL 33309, for verification and subsequently (4) Slot machine licensees shall follow additional scheduled by division personnel for delivery to the appropriate procedures that are required for making requests for shipment facility. of a slot machine or slot machine component out of the State of (e) If shipping seals described above are broken, removed, Florida. The slot machine licensee shall: or show signs of tampering, upon inspection at the delivery (a) Notify the Chief of Slot Operations no later than five site, the Chief of Slot Operations or his or her designee shall days in advance of the date of the proposed shipment of any instruct the facility and shipper as to the course of action to be slot machine or component as defined in Chapter 551, F.S., out taken. The course of action may involve: of the State of Florida. 1. Retesting and verification of the slot machine or slot (b) Coordinate the shipment date and time for the Chief of machine component; or Slot Operations or his or her designee to attend the packing, 2. Immediate refusal of the entire shipment and the return sealing, and shipment of the material proposed for shipment. of the entire shipment to the originating shipment location and (c) Obtain adjustments and approval of any facility floor notification to FDLE. plan pursuant to Rule 61D-14.050, F.A.C. (4) Shippers shall retain all records associated with the (d) Within 10 days of the shipment, provide the Chief of shipment of all slot machine and slot machine components Slot Operations a copy of a confirmation notice executed by pursuant to Rule 61D-14.080, F.A.C. the out-of-state recipient that the shipment was physically Rulemaking Authority 551.103(1), 551.109(2)(a), (b), 551.122 FS. received at the out-of-state destination. Law Implemented 551.103(1)(c), (e), (i), 551.109(2)(a), (b) FS. (5) The following applies to the shipment of slot machine History–New______. or slot machine components within or out of the State of Florida for which an entity identified in subsection 61D-14.097 Responsibility for Control of Slot Machine or 61D-14.096(1), F.A.C., intends to achieve permanent Slot Machine Component Shipment. divestiture of ownership. The entity shall: (1) Manufacturers and distributors must be licensed (a) Notify the Chief of Slot Operations no later than five pursuant to Chapter 551, F.S., in order to request the shipment, days prior to the proposed shipment of slot machine or slot or receipt of slot machines or slot machine components into, machine component as defined in Chapter 551, F.S. out of, and within the State of Florida at a location identified in subsection 61D-14.096(1), F.A.C.

2558 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(b) Coordinate the delivery date and time for the Chief of Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented Slot Operations or his or her designee to accept delivery under 551.103(1)(c), (e), (i), 551.109(2)(a), (b) FS. History–New______. Rule 61D-14.096, F.A.C.; 61D-14.098 Slot Machine Seal. (c) Coordinate shipment date and time for the Chief of Slot Operations or his or her designee to attend the packing, (1) When a slot machine is initially received in the State of application of the shipping seal to the shipment container and Florida, the Chief of Slot Operations or his or her designee shipment of the material proposed for shipment; shall affix a slot machine seal to the slot machine’s cabinet. The slot machine seal shall be located on the outside of the slot (d) Remove all master key locks from slot machine or slot machine cabinet next to other identification labels on the slot machine component being shipped; and machine cabinet. (e) Obtain required approval of any floor plan changes (2) A slot machine being transported out of Florida or necessary pursuant to Rule 61D-14.050, F.A.C., in those cases being destroyed shall have all seals removed from it prior to where an approved floor plan exists at the entity’s location. transportation out of Florida or to its designated destruction (6) The following applies to the shipment of slot machine location. or slot machine component within or out of the State of Florida (3) For slot machines maintained at a slot machine when the entity identified in subsection 61D-14.096(1), F.A.C., licensed facility: intends to dispose of the slot machine or slot machine component through permanent destruction. The entity shall: (a) The term slot machine licensee’s gaming area for purposes of this rule means that area designated at a slot (a) Notify the Chief of Slot Operations no later than five machine licensee’s facility in which slot machine games are days in advance of proposed shipment of any slot machine or offered to the public for play. component as defined in Chapter 551, F.S., within or out of the State of Florida to any destination for disposal. The notification (b) The division shall: shall include: 1. Affix an additional seal (security tape) on the exterior of the slot machine when: 1. A statement of reason for destruction; 2. A certification that the slot machine or slot machine a. A slot machine is removed from the slot machine component is to be shipped specifically for the purpose of licensee’s gaming area; or destroying the slot machine or slot machine component b. A slot machine is received at the slot machine licensed rendering it unusable for any purpose described in Chapter facility and is not immediately offered for play in the licensee’s 551, F.S.; and gaming area. 3. A statement that a certificate of destruction stating the 2. Inspect those slot machines that are in the slot machine slot machine or slot machine component has been destroyed licensee’s storage area, prior to moving the slot machine to the shall be presented to the Chief of Slot Operations within ten slot machine licensee’s gaming area to determine if the days of the approved shipment. additional seal (security tape) the division affixed to the slot (b) Coordinate the shipment date and time for the Chief of machine has been broken or tampered with in any fashion. Slot Operations or his or her designee to attend the packing and (c) When a slot machine seal or additional seal (security movement of the material proposed for shipment. tape) has been found to have been broken or tampered with, the (c) Provide for a means for destruction of the slot machine following actions shall be taken: equipment. 1. The individual discovering the slot machine seal or (d) Remove all slot machine state seals pursuant to additional seal (security tape) has been broken or tampered subsection 61D-14.098(2), F.A.C. with shall immediately notify the slot machine licensee’s security and surveillance department; (e) Obtain any required approval of any floor plan changes necessary pursuant to Rule 61D-14.050, F.A.C., in those cases 2. The facility shall notify the surveillance department to provide coverage of the machine area involved; remove the where an approved floor plan exists at the entity’s location; and slot machine involved from play (if it is not in storage); retain (f) Retain a certificate of destruction pursuant to Rule all surveillance records regarding the slot machine; notify 61D-14.080, F.A.C., from a designated entity at the shipping FDLE of the incident; and secure the slot machine until such destination that states: time as the FDLE investigator may make a determination 1. That the slot machine or slot machine component regarding the slot machine seal or additional seal (security shipped for destruction has been destroyed; tape); 2. The method used to destroy the slot machine or slot 3. An FDLE and division representative shall conduct an machine component; and investigation, including a verification check of game-related 3. The slot machine or slot machine component’s storage media and obtain confirmation that all games comply identifying information. with requirements for games in the state;

Section II - Proposed Rules 2559 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

4. The division shall use a verification device that is Any person who wishes to provide information regarding a approved by the division for testing slot machines for statement of estimated regulatory costs, or provide a proposal compliance with Chapter 551, F.S., and Chapter 61D-14, for a lower cost regulatory alternative must do so in writing F.A.C.; and within 21 days of this notice. 5. If the test results from the verification device reflect RULEMAKING AUTHORITY: 551.103, 551.1045, 551.114, that: 551.122 FS. a. The slot machine and the slot machine game in the slot LAW IMPLEMENTED: 551.103, 551.104, 551.1045, machine is a version the division has authorized for play in the 551.106, 551.107, 551.114, 551.118, 559.79(2) FS. State of Florida, the slot machine licensee may offer the slot IF REQUESTED WITHIN 21 DAYS OF THE DATE OF machine to the public for play; or THIS NOTICE, A HEARING WILL BE HELD AT THE b. The slot machine or the slot machine game in the slot DATE, TIME AND PLACE SHOWN BELOW (IF NOT machine is not an authorized version for play in the State of REQUESTED, THIS HEARING WILL NOT BE HELD): Florida, then the slot machine shall not be offered to the public DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m. for play. The slot machine shall not be offered to the public for PLACE: Department of Business and Professional Regulation, play until: Division of Pari-Mutuel Wagering, North Broward Regional (I) The investigation into the broken or tampered slot Service Center, 1400 West Commercial Blvd., Suite 195, Ft. machine seal or additional seal (security tape) has been Lauderdale, Florida 33309 completed; Pursuant to the provisions of the Americans with Disabilities (II) The slot machine has been configured with slot Act, any person requiring special accommodations to machine games and slot machine components that have been participate in this workshop/meeting is asked to advise the certified for use in the State of Florida; and agency at least 5 days before the workshop/meeting by (III) The slot machine and slot machine game has been contacting: Mary Polombo at (850)413-0750. If you are certified for use in the State of Florida by an independent test hearing or speech impaired, please contact the agency using the laboratory licensed by the state. Florida Relay Service, 1(800)955-8771 (TDD) or Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 1(800)955-8770 (Voice). 551.103(1)(c), (e), (i) FS. History–New______. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of NAME OF PERSON ORIGINATING PROPOSED RULE: Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, David J. Roberts, Director, Division of Pari-Mutuel Wagering Florida 32399-1035 NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W. Drago, Secretary, Department THE FULL TEXT OF THE PROPOSED RULE IS: of Business and Professional Regulation 61D-15.001 Incorporated and Approved Forms. DATE PROPOSED RULE APPROVED BY AGENCY The following is a list of all forms now incorporated which are HEAD: May 5, 2009 to be used by the Division in its dealing with the slot operators DATE NOTICE OF PROPOSED RULE DEVELOPMENT and licensees who conduct slot gaming. A copy of these forms PUBLISHED IN FAW: March 16, 2007 may be obtained at www.myflorida.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 DEPARTMENT OF BUSINESS AND PROFESSIONAL North Monroe Street, Tallahassee, Florida 32399-1035. The REGULATION effective date of each of these forms is the promulgation date Division of Pari-Mutuel Wagering of this rule. RULE NO.: RULE TITLE: 61D-15.001 Incorporated and Approved Forms FORM NUMBER SUBJECT EFFECTIVE PURPOSE AND EFFECT: The purpose and effect of the DATE proposed rule will be to implement Florida Statutes regulating (1) DBPR PMW-3400 Permitholder Application for the conduct of slot machine operations at pari-mutuel racing Annual Slot Machine facilities. License ___(7-5-06) (2) DBPR PMW-3405 Permitholder Renewal Application SUMMARY: The rule creates and revises forms used by the for Annual Slot Machine License division in licensing and regulating slot machine operators and Renewal ____ licensees who conduct slot gaming in the State of Florida. (3)(2) DBPR PMW-3410 Slot Machine Individual Employee SUMMARY OF STATEMENT OF ESTIMATED Occupational License Application ____(7-5-06) REGULATORY COSTS: No Statement of Estimated (4) DBPR PMW-3415 Slot Machine Individual Occupational License Renewal Application _____ Regulatory Cost was prepared. (5)(3) DBPR PMW-3420 Slot Machine Business Entity Occupational License Application ____(7-5-06)

2560 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(6) DBPR PMW-3425 Slot Machine Business Entity Any person who wishes to provide information regarding a Occupational License Renewal statement of estimated regulatory costs, or provide a proposal Application ____ for a lower cost regulatory alternative must do so in writing (7)(4) DBPR PMW-3430 Business Entity Internal Control Information ____(7-5-06) within 21 days of this notice. (8) DBPR PMW-3435 Affidavit of Truth ____ RULEMAKING AUTHORITY: 455.2178, 455.2179, 471.008, (9)(5) DBPR PMW-3440 Professional or Business Employee 471.017(3), 471.019 FS. Supplemental Information ____(7-5-06) LAW IMPLEMENTED: 455.213(6), 455.2177, 455.2178, (10)(6) DBPR Slot Machine Occupational License PMW-34500 Upgrade Application ____(7-5-06) 455.2179, 471.008, 471.017(3), 471.019 FS. (11)(7) DBPR PMW-3460 Authorization for Release of IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Information ____(7-5-06) THIS NOTICE, A HEARING WILL BE SCHEDULED AND (12) DBPR PMW-3470 Surety Bond for Florida Slot ANNOUNCED IN THE FAW. Machine Licensee ____ (13)(8) DBPR Slot Operations Monthly THE PERSON TO BE CONTACTED REGARDING THE PMW-3660 Remittance Report ____(7-5-06) PROPOSED RULE IS: Carrie Flynn, Executive Director, (14)(9) DBPR Slot Operations Cumulative Board of Professional Engineers, 2507 Callaway Road, Suite PMW-3670 Monthly Remittance Report ____(7-5-06) 200, Tallahassee, Florida 32301 (15)(10) BPR PMW-3680 Slot Jackpot Prize/Cash Option Report(7-5-06) (16) DBPR PMW-3900 Slot Machine and Component THE FULL TEXT OF THE PROPOSED RULE IS: Application for Shipment ____ (17) DBPR PMW-3910 Slot Machine and Component 61G15-22.010 Qualifying Activities for Laws and Rules Application Shipment Record ____ Requirement. Rulemaking Specific Authority 551.103, 551.1045, 551.104, 551.106, (1) In order to comply with the provisions of Section 551.114, 551.122 551.118, 551.145 FS. Law Implemented 551.103, 551.104, 551.1045, 551.106, 551.107, 551.114, 551.118, 551.145, 471.017(3), F.S., licensees shall demonstrate professional 559.79(2) FS. History–New 7-5-06, Amended______. competency relative to Chapter 471, F.S., and the Board’s rules, by: NAME OF PERSON ORIGINATING PROPOSED RULE: (a) Either completing a continuing education course, as David J. Roberts, Director, Division of Pari-Mutuel Wagering detailed in subsection (2) below, by attending a board meeting NAME OF AGENCY HEAD WHO APPROVED THE at which disciplinary hearings are conducted as detailed in PROPOSED RULE: Charles W. Drago, Secretary, Department subsection (3) below, or of Business and Professional Regulation (b) By serving as a board member, as detailed in DATE PROPOSED RULE APPROVED BY AGENCY subsection (3) below, or HEAD: August 13, 2008 (c) By approval of the Board as a consulting engineer DATE NOTICE OF PROPOSED RULE DEVELOPMENT providing assistance to the Board in the performance of its PUBLISHED IN FAW: March 16, 2007 duties, as detailed in subsection (4) below. (2) No change. DEPARTMENT OF BUSINESS AND PROFESSIONAL (3) Four PDH’s in laws and rules of the Board may be REGULATION obtained by attending one full day, regardless of actual length, Board of Professional Engineers or eight (8) hours of a board meeting at which disciplinary RULE NO.: RULE TITLE: hearings are conducted by the Board of Professional Engineers 61G15-22.010 Qualifying Activities for Laws and and complying with the following: Rules Requirements (a) The licensee must sign in with staff of the Board before PURPOSE AND EFFECT: To eliminate obtaining PDH’s in the meeting day begins. laws and rules of the Board by attending a board meeting and (b) The licensee must remain in continuous attendance. to revise and clarify what board members will receive for their (c) The licensee must sign out with staff of the Board at service as members. the end of the meeting day or at such other earlier time as SUMMARY: Obtaining PDH’s in laws and rules of the board affirmatively authorized by the Board. A licensee may receive by attending a board meeting is eliminated and what board PDH credit in laws and rules for attending the board meeting members will receive for their service as members is revised only if he or she is attending on that date solely for that and clarified. purpose. He or she may not receive such credit if appearing at SUMMARY OF STATEMENT OF ESTIMATED the Board meeting for another purpose. REGULATORY COSTS: No Statement of Estimated (3)(d) Members of the Board of Professional Engineers Regulatory Cost was prepared. The Board determined that shall receive four (4) PDH’s in laws and rules of the Board for small businesses would not be affected by this rule. their service as board members conducting these meetings. (4) No change.

Section II - Proposed Rules 2561 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Rulemaking Specific Authority 455.2178, 455.2179, 471.008, DATE AND TIME: June 30, 2009, 1:30 p.m. 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, PLACE: Florida Department of Environmental Protection, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended 9-4-02, 1-16-03,______. 2600 Blair Stone Road, Room 609, Bob Martinez Center, Tallahassee, Florida NAME OF PERSON ORIGINATING PROPOSED RULE: Pursuant to the provisions of the Americans with Disabilities Board of Professional Engineers Act, any person requiring special accommodations to NAME OF AGENCY HEAD WHO APPROVED THE participate in this workshop/meeting is asked to advise the PROPOSED RULE: Board of Professional Engineers agency at least 5 days before the workshop/meeting by DATE PROPOSED RULE APPROVED BY AGENCY contacting: Ms. Pat Waters at (850)245-8449. If you are HEAD: June 18, 2008 hearing or speech impaired, please contact the agency using the DATE NOTICE OF PROPOSED RULE DEVELOPMENT Florida Relay Service, 1(800)955-8771 (TDD) or PUBLISHED IN FAW: February 20, 2009 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE DEPARTMENT OF ENVIRONMENTAL PROTECTION PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Notices for the Department of Environmental Protection Watershed Management, Mail Station 3555, Florida between December 28, 2001 and June 30, 2006, go to Department of Environmental Protection, 2600 Blair Stone http://www.dep.state.fl.us/ under the link or button titled Road, Tallahassee, Florida 32399-2400, telephone “Official Notices.” (850)245-8448

DEPARTMENT OF ENVIRONMENTAL PROTECTION THE FULL TEXT OF THE PROPOSED RULE IS: RULE NO.: RULE TITLE: 62-304.415 Lower St. Johns River Basin TMDLs 62-304.415 Lower St. Johns River Basin TMDLs. PURPOSE AND EFFECT: The purpose of the rule is to adopt Lower St. Johns River. Total Maximum Daily Loads (TMDLs), and their allocations, (1) through (12) No change. for fecal coliforms in the Lower St. Johns River Basin. (13) Big Davis Creek. The Total Maximum Daily Load SUMMARY: This TMDL addresses fecal coliform (TMDL) for Big Davis Creek is 400 counts/100mL for fecal impairments in the Lower St. Johns River Basin. Specifically, coliform, and is allocated as follows: the TMDL rules being proposed for adoption are for Big Davis (a) The Wasteload Allocation (WLA) for discharges Creek, Big Fishweir Creek, Block House Creek, Deep Bottom subject to the Department’s National Pollutant Discharge Creek, Deer Creek, McCoy Creek, Miller Creek, New Castle Elimination System (NPDES) Municipal Stormwater Creek, Open Creek, Sherman Creek, Terrapin Creek, and Trout Permitting Program is to address anthropogenic sources in the Creek (Fresh and Marine segments). These waterbodies were basin such that in-stream concentrations meet the fecal verified as impaired using the methodology established in coliform criteria which, based on the measured concentrations Chapter 62-303, F.A.C., Identification of Impaired Surface from the 1995 to 2007 period, will require a 69 percent Waters. The methodologies used to develop the TMDLs were reduction of sources contributing to exceedances of the criteria, either the percent reduction or the load duration curve (b) The Load Allocation (LA) for nonpoint sources is to methods. address anthropogenic sources in the basin such that in-stream SUMMARY OF STATEMENT OF ESTIMATED concentrations meet the fecal coliform criteria which, based on REGULATORY COSTS: No Statement of Estimated the measured concentrations from the 1995 to 2007 period, Regulatory Cost was prepared. will require a 69 percent reduction of sources contributing to Any person who wishes to provide information regarding a exceedances of the criteria, and statement of estimated regulatory costs, or provide a proposal (c) The Margin of Safety is implicit. for a lower cost regulatory alternative must do so in writing (d) While the LA and WLA for fecal coliform have been within 21 days of this notice. expressed as the percent reductions needed to attain the RULEMAKING AUTHORITY: 403.061, 403.067 FS. applicable Class III criteria, it is the combined reductions from LAW IMPLEMENTED: 403.061, 403.062, 403.067 FS. both anthropogenic point and nonpoint sources that will result IF REQUESTED WITHIN 21 DAYS OF THE DATE OF in the required reduction of in-stream fecal concentration. THIS NOTICE, A HEARING WILL BE HELD AT THE However, it is not the intent of the TMDL to abate natural DATE, TIME AND PLACE SHOWN BELOW (IF NOT background conditions. REQUESTED, THIS HEARING WILL NOT BE HELD): (14) Big Fishweir Creek. The TMDL for Big Fishweir Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

2562 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(a) The WLA for discharges subject to the Department’s the measured concentrations from the 1999 to 2007 period, NPDES Municipal Stormwater Permitting Program is to will require a 82 percent reduction of sources contributing to address anthropogenic sources in the basin such that in-stream exceedances of the criteria, concentrations meet the fecal coliform criteria which, based on (b) The LA for nonpoint sources is to address the measured concentrations from the 1996 to 2008 period, anthropogenic sources in the basin such that in-stream will require a 87 percent reduction of sources contributing to concentrations meet the fecal coliform criteria which, based on exceedances of the criteria, the measured concentrations from the 1999 to 2007 period, (b) The LA for nonpoint sources is to address will require a 82 percent reduction of sources contributing to anthropogenic sources in the basin such that in-stream exceedances of the criteria, and concentrations meet the fecal coliform criteria which, based on (c) The Margin of Safety is implicit. the measured concentrations from the 1996 to 2008 period, (d) While the LA and WLA for fecal coliform have been will require a 87 percent reduction of sources contributing to expressed as the percent reductions needed to attain the exceedances of the criteria, and applicable Class III criteria, it is the combined reductions from (c) The Margin of Safety is implicit. both anthropogenic point and nonpoint sources that will result (d) While the LA and WLA for fecal coliform have been in the required reduction of in-stream fecal concentration. expressed as the percent reductions needed to attain the However, it is not the intent of the TMDL to abate natural applicable Class III criteria, it is the combined reductions from background conditions. both anthropogenic point and nonpoint sources that will result (17) Deer Creek. The TMDL for Deer Creek is 400 in the required reduction of in-stream fecal concentration. counts/100mL for fecal coliform, and is allocated as follows: However, it is not the intent of the TMDL to abate natural (a) The WLA for discharges subject to the Department’s background conditions. NPDES Municipal Stormwater Permitting Program is to (15) Block House Creek. The TMDL for Block House address anthropogenic sources in the basin such that in-stream Creek is 400 counts/100mL for fecal coliform, and is allocated concentrations meet the fecal coliform criteria which, based on as follows: the measured concentrations from the 1995 to 2007 period, (a) The WLA for discharges subject to the Department’s will require a 86 percent reduction of sources contributing to NPDES Municipal Stormwater Permitting Program is to exceedances of the criteria, address anthropogenic sources in the basin such that in-stream (b) The LA for nonpoint sources is to address concentrations meet the fecal coliform criteria which, based on anthropogenic sources in the basin such that in-stream the measured concentrations from the 1991 to 2006 period, concentrations meet the fecal coliform criteria which, based on will require a 82 percent reduction of sources contributing to the measured concentrations from the 1995 to 2007 period, exceedances of the criteria, will require a 86 percent reduction of sources contributing to (b) The LA for nonpoint sources is to address exceedances of the criteria, and anthropogenic sources in the basin such that in-stream (c) The Margin of Safety is implicit. concentrations meet the fecal coliform criteria which, based on (d) While the LA and WLA for fecal coliform have been the measured concentrations from the 1991 to 2006 period, expressed as the percent reductions needed to attain the will require a 82 percent reduction of sources contributing to applicable Class III criteria, it is the combined reductions from exceedances of the criteria, and both anthropogenic point and nonpoint sources that will result (c) The Margin of Safety is implicit. in the required reduction of in-stream fecal concentration. (d) While the LA and WLA for fecal coliform have been However, it is not the intent of the TMDL to abate natural expressed as the percent reductions needed to attain the background conditions. applicable Class III criteria, it is the combined reductions from (18) McCoy Creek. The TMDL for McCoy Creek is 400 both anthropogenic point and nonpoint sources that will result counts/100mL for fecal coliform, and is allocated as follows: in the required reduction of in-stream fecal concentration. (a) The WLA for discharges subject to the Department’s However, it is not the intent of the TMDL to abate natural NPDES Municipal Stormwater Permitting Program is to background conditions. address anthropogenic sources in the basin such that in-stream (16) Deep Bottom Creek. The TMDL for Deep Bottom concentrations meet the fecal coliform criteria which, based on Creek is 400 counts/100mL for fecal coliform, and is allocated the measured concentrations from the 1995 to 2007 period, as follows: will require a 84 percent reduction of sources contributing to (a) The WLA for discharges subject to the Department’s exceedances of the criteria, NPDES Municipal Stormwater Permitting Program is to (b) The LA for nonpoint sources is to address address anthropogenic sources in the basin such that in-stream anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on concentrations meet the fecal coliform criteria which, based on

Section II - Proposed Rules 2563 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 the measured concentrations from the 1995 to 2007 period, (d) While the LA and WLA for fecal coliform have been will require a 84 percent reduction of sources contributing to expressed as the percent reductions needed to attain the exceedances of the criteria, and applicable Class III criteria, it is the combined reductions from (c) The Margin of Safety is implicit. both anthropogenic point and nonpoint sources that will result (d) While the LA and WLA for fecal coliform have been in the required reduction of in-stream fecal concentration. expressed as the percent reductions needed to attain the However, it is not the intent of the TMDL to abate natural applicable Class III criteria, it is the combined reductions from background conditions. both anthropogenic point and nonpoint sources that will result (21) Open Creek. The TMDL for Open Creek is 400 in the required reduction of in-stream fecal concentration. counts/100mL for fecal coliform, and is allocated as follows: However, it is not the intent of the TMDL to abate natural (a) The WLA for discharges subject to the Department’s background conditions. NPDES Municipal Stormwater Permitting Program is to (19) Miller Creek. The TMDL for Miller Creek is 400 address anthropogenic sources in the basin such that in-stream counts/100mL for fecal coliform, and is allocated as follows: concentrations meet the fecal coliform criteria which, based on (a) The WLA for discharges subject to the Department’s the measured concentrations from the 1996 to 2007 period, NPDES Municipal Stormwater Permitting Program is to will require a 60 percent reduction of sources contributing to address anthropogenic sources in the basin such that in-stream exceedances of the criteria, concentrations meet the fecal coliform criteria which, based on (b) The LA for nonpoint sources is to address the measured concentrations from the 1991 to 2007 period, anthropogenic sources in the basin such that in-stream will require a 92 percent reduction of sources contributing to concentrations meet the fecal coliform criteria which, based on exceedances of the criteria, the measured concentrations from the 1996 to 2007 period, (b) The LA for nonpoint sources is to address will require a 60 percent reduction of sources contributing to anthropogenic sources in the basin such that in-stream exceedances of the criteria, and concentrations meet the fecal coliform criteria which, based on (c) The Margin of Safety is implicit. the measured concentrations from the 1991 to 2007 period, (d) While the LA and WLA for fecal coliform have been will require a 92 percent reduction of sources contributing to expressed as the percent reductions needed to attain the exceedances of the criteria, and applicable Class III criteria, it is the combined reductions from (c) The Margin of Safety is implicit. both anthropogenic point and nonpoint sources that will result (d) While the LA and WLA for fecal coliform have been in the required reduction of in-stream fecal concentration. expressed as the percent reductions needed to attain the However, it is not the intent of the TMDL to abate natural applicable Class III criteria, it is the combined reductions from background conditions. both anthropogenic point and nonpoint sources that will result (22) Sherman Creek. The TMDL for Sherman Creek is in the required reduction of in-stream fecal concentration. 400 counts/100mL for fecal coliform, and is allocated as However, it is not the intent of the TMDL to abate natural follows: background conditions. (a) The WLA for discharges subject to the Department’s (20) New Castle Creek. The TMDL for New Castle Creek NPDES Municipal Stormwater Permitting Program is to is 400 counts/100mL for fecal coliform, and is allocated as address anthropogenic sources in the basin such that in-stream follows: concentrations meet the fecal coliform criteria which, based on (a) The WLA for discharges subject to the Department’s the measured concentrations from the 1996 to 2008 period, NPDES Municipal Stormwater Permitting Program is to will require a 71 percent reduction of sources contributing to address anthropogenic sources in the basin such that in-stream exceedances of the criteria, concentrations meet the fecal coliform criteria which, based on (b) The LA for nonpoint sources is to address the measured concentrations from the 1991 to 2006 period, anthropogenic sources in the basin such that in-stream will require a 84 percent reduction of sources contributing to concentrations meet the fecal coliform criteria which, based on exceedances of the criteria, the measured concentrations from the 1996 to 2008 period, (b) The LA for nonpoint sources is to address will require a 71 percent reduction of sources contributing to anthropogenic sources in the basin such that in-stream exceedances of the criteria, and concentrations meet the fecal coliform criteria which, based on (c) The Margin of Safety is implicit. the measured concentrations from the 1991 to 2006 period, (d) While the LA and WLA for fecal coliform have been will require a 84 percent reduction of sources contributing to expressed as the percent reductions needed to attain the exceedances of the criteria, and applicable Class III criteria, it is the combined reductions from (c) The Margin of Safety is implicit. both anthropogenic point and nonpoint sources that will result

2564 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 in the required reduction of in-stream fecal concentration. (a) The WLA for discharges subject to the Department’s However, it is not the intent of the TMDL to abate natural NPDES Municipal Stormwater Permitting Program is to background conditions. address anthropogenic sources in the basin such that in-stream (23) Terrapin Creek. The TMDL for Terrapin Creek is 400 concentrations meet the fecal coliform criteria which, based on counts/100mL for fecal coliform, and is allocated as follows: the measured concentrations from the 1996 to 2007 period, (a) The WLA for discharges subject to the Department’s will require a 60 percent reduction of sources contributing to NPDES Municipal Stormwater Permitting Program is to exceedances of the criteria, address anthropogenic sources in the basin such that in-stream (b) The LA for nonpoint sources is to address concentrations meet the fecal coliform criteria which, based on anthropogenic sources in the basin such that in-stream the measured concentrations from the 1995 to 2007 period, concentrations meet the fecal coliform criteria which, based on will require a 71 percent reduction of sources contributing to the measured concentrations from the 1996 to 2007 period, exceedances of the criteria, will require a 60 percent reduction of sources contributing to (b) The LA for nonpoint sources is to address exceedances of the criteria, and anthropogenic sources in the basin such that in-stream (c) The Margin of Safety is implicit. concentrations meet the fecal coliform criteria which, based on (d) While the LA and WLA for fecal coliform have been the measured concentrations from the 1995 to 2007 period, expressed as the percent reductions needed to attain the will require a 71 percent reduction of sources contributing to applicable Class III criteria, it is the combined reductions from exceedances of the criteria, and both anthropogenic point and nonpoint sources that will result (c) The Margin of Safety is implicit. in the required reduction of in-stream fecal concentration. (d) While the LA and WLA for fecal coliform have been However, it is not the intent of the TMDL to abate natural expressed as the percent reductions needed to attain the background conditions. applicable Class III criteria, it is the combined reductions from Rulemaking Specific Authority 403.061, 403.067 FS. Law both anthropogenic point and nonpoint sources that will result Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, in the required reduction of in-stream fecal concentration. Amended 5-15-06, 6-3-08,______However, it is not the intent of the TMDL to abate natural background conditions. NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Environmental (24) Trout River, freshwater segment. The TMDL for the Assessment and Restoration freshwater segment of Trout River is 400 counts/100mL for fecal coliform, and is allocated as follows: NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary (a) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to DATE PROPOSED RULE APPROVED BY AGENCY address anthropogenic sources in the basin such that in-stream HEAD: May 18, 2009 concentrations meet the fecal coliform criteria which, based on DATE NOTICE OF PROPOSED RULE DEVELOPMENT the measured concentrations from the 1996 to 2007 period, PUBLISHED IN FAW: January 23, 2009 will require a 66 percent reduction of sources contributing to exceedances of the criteria, DEPARTMENT OF HEALTH (b) The LA for nonpoint sources is to address Board of Acupuncture anthropogenic sources in the basin such that in-stream RULE NO.: RULE TITLE: concentrations meet the fecal coliform criteria which, based on 64B1-6.005 Standards for Approval of the measured concentrations from the 1996 to 2007 period, Continuing Education Credit will require a 66 percent reduction of sources contributing to PURPOSE AND EFFECT: The Board proposes the rule exceedances of the criteria, and amendment to set standards for continuing education credit. (c) The Margin of Safety is implicit. SUMMARY: The rule amendment will set standards for (d) While the LA and WLA for fecal coliform have been continuing education credit. expressed as the percent reductions needed to attain the SUMMARY OF STATEMENT OF ESTIMATED applicable Class III criteria, it is the combined reductions from REGULATORY COSTS: No Statement of Estimated both anthropogenic point and nonpoint sources that will result Regulatory Cost was prepared. The Board determined that in the required reduction of in-stream fecal concentration. small businesses would not be affected by this rule. However, it is not the intent of the TMDL to abate natural Any person who wishes to provide information regarding a background conditions. statement of estimated regulatory costs, or provide a proposal (25) Trout River, marine segment. The TMDL for the for a lower cost regulatory alternative must do so in writing marine segment of Trout River is 400 counts/100mL for fecal within 21 days of this notice. coliform, and is allocated as follows:

Section II - Proposed Rules 2565 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

RULEMAKING AUTHORITY: 456.013(9), 456.033, potential medication, herb and nutritional supplement 457.104, 457.103(3) FS. interactions, contra indications and side effects, and how to LAW IMPLEMENTED: 456.013(9), 456.033, 457.102(1), access this information; and Emergency protocols, first aid, 457.107(3) FS. and cardiopulmonary resuscitation. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF Rulemaking Specific Authority 456.013(9), 456.033, 457.104, THIS NOTICE, A HEARING WILL BE SCHEDULED AND 457.107(3) FS. Law Implemented 456.013(9), 456.033, 457.107(3) ANNOUNCED IN THE FAW. FS. History–New 2-24-88, Amended 8-6-89, Formerly 21AA-6.005, THE PERSON TO BE CONTACTED REGARDING THE 61F1-6.005, Amended 3-18-97, Formerly 59M-6.005, Amended 6-1-99, 1-7-03,______. PROPOSED RULE IS: Kaye Howerton, Executive Director, Board of Acupuncture/MQA, 4052 Bald Cypress Way, Bin NAME OF PERSON ORIGINATING PROPOSED RULE: #C06, Tallahassee, Florida 32399-3256 Board of Acupuncture NAME OF AGENCY HEAD WHO APPROVED THE THE FULL TEXT OF THE PROPOSED RULE IS: PROPOSED RULE: Board of Acupuncture 64B1-6.005 Standards for Approval of Continuing DATE PROPOSED RULE APPROVED BY AGENCY Education Credit. HEAD: March 6, 2009 (1) A continuing education program must contribute to the DATE NOTICE OF PROPOSED RULE DEVELOPMENT advancement, extension or enhancement of the licensee’s skills PUBLISHED IN FAW: March 20, 2009 and knowledge related to the practice of acupuncture and oriental medicine. In addition to the continuing education DEPARTMENT OF HEALTH subjects enumerated in Section 457.107(3), F.S., Continuing Board of Dentistry education programs may should concern the history and theory RULE NO.: RULE TITLE: of acupuncture, acupuncture diagnosis and treatment 64B5-1.021 List of Approved Forms; techniques, techniques of adjunctive therapies, Incorporation acupuncturist-patient communication and professional ethics, PURPOSE AND EFFECT: The Board proposes the rule all of which “contribute to the advancement, extension or amendment to modify and adopt changes to the list of enhancement of professional skills and knowledge related to approved forms; incorporate the rules by reference into the the practice. All continuing education courses are subject to rule; and list the website address where the forms can be evaluation and approval by the Board to determine that the obtained. continuing education course meets the criteria established by SUMMARY: The rule amendment will modify and adopt the Board which has final determination as to the number of changes to the approved forms; incorporate the rules by hours of acceptable credit that will be awarded for each reference into the rule; and list the website address where the program. forms can be obtained. (2) through (4) No change. SUMMARY OF STATEMENT OF ESTIMATED (5) To receive credit for programs on HIV/AIDS, the REGULATORY COSTS: No Statement of Estimated program must be, at a minimum, three (3) two (2) hours in Regulatory Cost was prepared. The Board determined that length and must address the areas mandated in Section small businesses would not be affected by this rule. 456.033, F.S. The Board accepts HIV/AIDS programs Any person who wishes to provide information regarding a presented or conducted by the Department of Health and statement of estimated regulatory costs, or provide a proposal programs approved by other professional regulatory boards for for a lower cost regulatory alternative must do so in writing the health professions and those presented by ACAOM within 21 days of this notice. accredited oriental medicine schools. RULEMAKING AUTHORITY: 466.004 FS. (6) No change. LAW IMPLEMENTED: 120.52(15) FS. (7) In addition to the foregoing, approved continuing IF REQUESTED WITHIN 21 DAYS OF THE DATE OF education programs that provide biomedical science education THIS NOTICE, A HEARING WILL BE SCHEDULED AND as required by Rule 64B1-7.0015, F.A.C., shall include, but not ANNOUNCED IN THE FAW. be limited to Biomedical and clinical concepts and THE PERSON TO BE CONTACTED REGARDING THE terminology; Pathology and diagnosis, treatment strategy, and PROPOSED RULE IS: Sue Foster, Executive Director, Board follow-up; Clinical relevance of laboratory and diagnostic tests of Dentistry/MQA, 4052 Bald Cypress Way, Bin #C08, and procedures, imaging reports, as well as biomedical Tallahassee, Florida 32399-3258 physical examination finding; Infectious diseases control, sanitation/sterilization procedures, HIV education and other THE FULL TEXT OF THE PROPOSED RULE IS: issues relevant to blood borne and surface pathogens; Biomedical pharmacology including relevant aspects of

2566 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

64B5-1.021 List of Approved Forms; Incorporation. DEPARTMENT OF HEALTH The following forms used by the Board in its dealings with the Board of Nursing public are listed as follows and are hereby adopted and RULE NO.: RULE TITLE: incorporated by reference, and can be obtained from the Board 64B9-3.0085 State Requirements Not Substantially of Dentistry’s website at http:/www.doh.state.fl.us/ Equilavent mqa/dentistry/ the Board office at 4052 Bald Cypress Way, Bin PURPOSE AND EFFECT: The purpose of the amendment is # C08, Tallahassee, Florida 32399-3258: to identify a state which has licensure requirements not (1) Application for Dental Examination/Dental Hygiene presumed to be substantially equivalent to Florida. Examination, DH-MAQ 1182 (Revised 9/11/08) SUMMARY: The proposed rule adds New York as a state DPR/DN/003-(Rev. 2/94), effective 8-19-97; which has licensure requirements that are not presumed to be (2) Application for Reactivation for an Inactive Florida substantially equivalent to Florida. Dental/Dental Hygiene License, ACHA/DN/004-(Rev. 5/96), SUMMARY OF STATEMENT OF ESTIMATED effective 8-49-97; REGULATORY COSTS: No Statement of Estimated (3) Financial Interest Disclosure Form, DH-MQA 1208 Regulatory Cost was prepared. (Revised 8/97), DPR/DN/017-(Rev. 5/97/), effective 8/49/97; Any person who wishes to provide information regarding a (4) Application for General Anesthesia Permit, DH-MQA statement of estimated regulatory costs, or provide a proposal 1205 (Revised 5/09) AHCA/DN/005-(8/96), effective 8-19-97; for a lower cost regulatory alternative must do so in writing (5) Application for Parenteral Conscious Sedation Permit, within 21 days of this notice. DH-MQA 1204 (Revised 5/09) AHCA/DN/006-(8/96), RULEMAKING AUTHORITY: 464.009(2) FS. effective 8-19-97; LAW IMPLEMENTED: 464.009(2) FS. (6) Application for Pediatric Conscious Sedation Permit, IF REQUESTED WITHIN 21 DAYS OF THE DATE OF DH-MQA 1203 (Revised 5/09) AHCA/DN/008-(12/96), THIS NOTICE, A HEARING WILL BE SCHEDULED AND effective 8-19-97; ANNOUNCED IN THE FAW. (7) Application for Certification for Dental Radiographer, THE PERSON TO BE CONTACTED REGARDING THE DH-MQA 1202 (Revised 5/09) AHCA/DR/001-(Rev. 5/95), PROPOSED RULE IS: Rick Garcia, Executive Director, effective 8-19-97; Board of Nursing, 4052 Bald Cypress Way, Bin #C02, (8) Application for Continuing Education Credit for Tallahassee, Florida 32399 Individual Study, DH-MQA 1207 (Revised 5/09) Instructors, Teachers and Lecturers, AHCA/DN/009-(4/86), effective THE FULL TEXT OF THE PROPOSED RULE IS: 8-19-97; 64B9-3.0085 State Requirements Not Substantially (9) Application for Biennial Providers of Continuing Equivalent. Education, AHCA/DN/001-(4/86), effective 8-19-97; The licensure requirements of the following states and (9)(10) Application for Dentist/Dental Hygienist Limited territories are not presumed to be substantially equivalent to Licensure, DH-MQA 1201 (App New, Effective 9/01) the licensure requirements in Florida: DOH/MQA/DNDH LL APP/new, effective 9-20-01. (1) New Mexico (10)(11) No change. (2) New York Rulemaking Authority 466.004 FS. Law Implemented 120.52(15) FS. History–New 8-19-97, Amended 9-20-01, 5-28-09, ______. Specific Authority 464.009(2) FS. Law Implemented 464.009(2) FS. History–New 3-11-09, Amended______. NAME OF PERSON ORIGINATING PROPOSED RULE: NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry Board of Nursing NAME OF AGENCY HEAD WHO APPROVED THE NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Dentistry PROPOSED RULE: Board of Nursing DATE PROPOSED RULE APPROVED BY AGENCY DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2008 HEAD: April 3, 2009 DATE NOTICE OF PROPOSED RULE DEVELOPMENT DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 12, 2008 PUBLISHED IN FAW: May 8, 2009

Section II - Proposed Rules 2567 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Board of Pharmacy Board of Pharmacy RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 64B16-26.302 Subject Matter for Consultant 64B16-26.6012 Guidelines for Board Ordered Pharmacist Licensure Renewal Disciplinary Continuing Education Continuing Education Courses PURPOSE AND EFFECT: The Board proposes the rule PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the requirements for continuing promulgation to provide guidelines for Board ordered education credit hours. disciplinary continuing education courses. SUMMARY: The requirements for continuing education credit SUMMARY: The rule promulgation will provide guidelines hours will be clarified. for Board ordered disciplinary continuing education courses. SUMMARY OF STATEMENT OF ESTIMATED SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the Regulatory Cost was prepared. The Board determined the proposed rule will not have an impact on small business. proposed rule will not have an impact on small business. Any person who wishes to provide information regarding a Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing for a lower cost regulatory alternative must do so in writing within 21 days of this notice. within 21 days of this notice. RULEMAKING AUTHORITY: 465.005, 465.0125 FS. RULEMAKING AUTHORITY: 456.072(2), 465.005, LAW IMPLEMENTED: 465.0125 FS. 465.016(4) FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF LAW IMPLEMENTED: 456.072(2), 465.016(4) FS. THIS NOTICE, A HEARING WILL BE SCHEDULED AND IF REQUESTED WITHIN 21 DAYS OF THE DATE OF ANNOUNCED IN THE FAW. THIS NOTICE, A HEARING WILL BE SCHEDULED AND THE PERSON TO BE CONTACTED REGARDING THE ANNOUNCED IN THE FAW. PROPOSED RULE IS: Rebecca R. Poston, Executive THE PERSON TO BE CONTACTED REGARDING THE Director, Board of Pharmacy/MQA, 4052 Bald Cypress Way, PROPOSED RULE IS: Rebecca R. Poston, Executive Bin #C04, Tallahassee, Florida 32399-3253 Director, Board of Pharmacy/MQA, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3253 THE FULL TEXT OF THE PROPOSED RULE IS: THE FULL TEXT OF THE PROPOSED RULE IS: 64B16-26.302 Subject Matter for Consultant Pharmacist Licensure Renewal Continuing Education. 64B16-26.6012 Guidelines for Board Ordered A Consultant Pharmacist License Renewal Continuing Disciplinary Continuing Education Courses. Education Program must contain consist of at least three (3) Any continuing education course being taken as part of a twelve (12) self-contained hours of training in any of the disciplinary order, unless otherwise ordered by the Board, may subjects specified below with a block of at least three (3) hours be conducted by any method, including live, correspondence, in any subject category. Duplicated courses are not acceptable. or distant education. (1) through (3) No change. (1) Laws and Rules courses shall be at least twelve (12) Rulemaking Specific Authority 465.005, 465.0125 FS. Law hours in length. The program shall include review and analysis Implemented 465.0125 FS. History–New 10-14-91, Formerly of the laws regulating the profession of pharmacy in the State 21S-26.302, 61F10-26.302, 59X-26.302, Amended 5-5-05,______. of Florida with discussion of recent changes to Florida statutes and Board of Pharmacy rules. The remainder of the continuing NAME OF PERSON ORIGINATING PROPOSED RULE: education program shall be derived from the following areas: Board of Pharmacy (a) Federal laws related to: NAME OF AGENCY HEAD WHO APPROVED THE 1. Handling, management, and dispensing of controlled PROPOSED RULE: Board of Pharmacy substances; DATE PROPOSED RULE APPROVED BY AGENCY 2. Protected patient information; and HEAD: February 11, 2009 3. Medicare. DATE NOTICE OF PROPOSED RULE DEVELOPMENT (b) Chapters 456, 499 and 893, Florida Statutes; PUBLISHED IN FAW: March 6, 2009 (c) Florida Medicaid program; (d) Nursing home and Assisted Living Facility regulations;

2568 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(e) Prescriber laws and regulations; DEPARTMENT OF HEALTH (f) Pharmacy ethics; Board of Pharmacy (g) The Joint Commission (TJC) standards; RULE NO.: RULE TITLE: (h) Food and Drug Administration policies and 64B16-28.301 Destruction of Controlled Substances procedures; – Institutional Pharmacies (i) Implementation of disaster and emergency PURPOSE AND EFFECT: The Board proposes the rule preparedness plans by Florida pharmacists and pharmacy amendment to clarify the requirements for witnessing services providers; destruction of controlled substances. (j) Occupational Safety and Health Administration SUMMARY: The requirements for witnessing destruction of (OSHA) and National Institute for Occupational Safety and controlled substances will be clarified. Health (NIOSH) guidelines and requirements for pharmacy SUMMARY OF STATEMENT OF ESTIMATED employers. REGULATORY COSTS: No Statement of Estimated (2) Quality Related Event (QRE) courses shall be at least Regulatory Cost was prepared. The Board determined the eight (8) hours in length. proposed rule will not have an impact on small business. (a) Course material shall include: Any person who wishes to provide information regarding a 1. Pharmacy error detection; statement of estimated regulatory costs, or provide a proposal 2. Pharmacy error prevention; and for a lower cost regulatory alternative must do so in writing within 21 days of this notice. 3. Case studies of pharmacists who have made dosing calculation, checking/interpreting prescriptions, or dispensing RULEMAKING AUTHORITY: 465.005, 465.022 FS. errors. LAW IMPLEMENTED: 456.022, 465.019 FS. (b) Course material shall include the following specific IF REQUESTED WITHIN 21 DAYS OF THE DATE OF subject areas: THIS NOTICE, A HEARING WILL BE SCHEDULED AND 1. Common error types and causes; ANNOUNCED IN THE FAW. 2. Root cause analysis; THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca R. Poston, Executive 3. Process mapping and management; Director, Board of Pharmacy/MQA, 4052 Bald Cypress Way, 4. System analysis; Bin #C04, Tallahassee, Florida 32399-3253 5. Failure mode and effects analysis; 6. Human factors, cognitive and personality impacts; THE FULL TEXT OF THE PROPOSED RULE IS: 7. Practice management and effective delegation tools; 8. Stress management; 64B16-28.301 Destruction of Controlled Substances – Class I 9. Effective communication; Institutional Pharmacies – Nursing Homes. 10. Continuous Quality Improvement (CQI) rules; (1) No change. 11. CQI implementation tools; (2) A document must be completed showing the name and 12. Individual self assessment, planning, and goal setting. quantity of the drug, strength and dosage form, patient’s name, The individual self assessment shall include a requirement that prescription number and name of the institution nursing home. the pharmacist prepare a written report, in essay form, This documentation, at the time of destruction, shall be summarizing the impact of the course, what the pharmacist witnessed and signed by the consultant pharmacist, director of learned, and the changes that the pharmacist will implement in nursing, and the nursing home administrator or his designee, practice as a result of the course. which may include a licensed physician, pharmacist, mid-level practitioner, or nurse. excluding the above. Rulemaking Authority 456.072(2) 465.005, 465.016(4) FS. Law Implemented 456.072(2), 465.016(4) FS. History–New______. Rulemaking Specific Authority 465.005, 465.022 FS. Law Implemented 465.022, 465.019 FS. History–New 4-21-87, Formerly NAME OF PERSON ORIGINATING PROPOSED RULE: 21S-19.001, Amended 7-31-91, Formerly 21S-28.301, 61F10-28.301, Amended 1-30-96, Formerly 59X-28.301, Amended______. Board of Pharmacy NAME OF AGENCY HEAD WHO APPROVED THE NAME OF PERSON ORIGINATING PROPOSED RULE: PROPOSED RULE: Board of Pharmacy Board of Pharmacy DATE PROPOSED RULE APPROVED BY AGENCY NAME OF AGENCY HEAD WHO APPROVED THE HEAD: February 11, 2009 PROPOSED RULE: Board of Pharmacy DATE NOTICE OF PROPOSED RULE DEVELOPMENT DATE PROPOSED RULE APPROVED BY AGENCY PUBLISHED IN FAW: March 6, 2009 HEAD: February 11, 2009 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 6, 2009

Section II - Proposed Rules 2569 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Council of Licensed Midwifery Dental Laboratories RULE NOS.: RULE TITLES: RULE NOS.: RULE TITLES: 64B24-3.003 Examination Fee 64B27-2.002 Notice of Noncompliance for Minor 64B24-3.004 Endorsement Fee Violations PURPOSE AND EFFECT: To repeal rules that are out of date 64B27-2.003 Citation Authority or are unnecessary. PURPOSE AND EFFECT: To update, modify, and eliminate SUMMARY: The department decided to repeal Rule discrepancies between the rules and the governing statute. 64B24-3.003, F.A.C., which sets an examination fee for SUMMARY: Rule 64B27-2.002, F.A.C., is updated to correct midwives of $500. The department decided to repeal Rule clerical errors and provides for a notice of noncompliance for 64B24-3.004, which sets for midwives a $500 fee for licensure timely failure to renew registration provided that the lab was by endorsement. not operating without a registration. Rule 64B27-2.003, F.A.C., SUMMARY OF STATEMENT OF ESTIMATED is amended to include, as citation violations, operating on a REGULATORY COSTS: The agency has determined that this delinquent license and failure to timely complete the new rule will not have an impact on small business. A SERC has statutory continuing education requirements. been prepared by the agency. The Department prepared a SUMMARY OF STATEMENT OF ESTIMATED SERC showing that repeal of Rule 64B24-3.003, F.A.C., has REGULATORY COSTS: A SERC has been prepared by the no effect on individuals or entities and the repeal of Rule agency and it has determined that this rule will not have an 64B24-3.004, F.A.C., has only positive effects on individuals impact on small business. and entities by saving costs charged to applicants for licensure Any person who wishes to provide information regarding a by endorsement. statement of estimated regulatory costs, or provide a proposal Any person who wishes to provide information regarding a for a lower cost regulatory alternative must do so in writing statement of estimated regulatory costs, or provide a proposal within 21 days of this notice. for a lower cost regulatory alternative must do so in writing RULEMAKING AUTHORITY: 120.695, 456.073(3), 456.077 within 21 days of this notice. FS. RULEMAKING AUTHORITY: 467.005 FS. LAW IMPLEMENTED: 120.695, 456.072(4), 456.073(3), LAW IMPLEMENTED: 467.0135(1) FS. 456.077 FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW. ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Kaye Howerton, Executive Director, PROPOSED RULES IS: Sue Foster, Executive Director, 4052 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida Bald Cypress Way, Bin #C85, Tallahassee, Florida 32399-3285 32399-3250 THE FULL TEXT OF THE PROPOSED RULES IS: THE FULL TEXT OF THE PROPOSED RULES IS: 64B27-2.002 Notice of Noncompliance for Minor 64B24-3.003 Examination Fee. Violations. Rulemaking Specific Authority 467.005 FS. Law Implemented In accordance with Sections 456.073 and 120.695, F.S., Tthe 467.0135(1) FS. History–New 1-26-94, Formerly 61E8-3.003, Department Board shall issue a notice of noncompliance as a Amended 8-15-95, 8-20-97, Formerly 59DD-3.003, first response to a minor violation of a rule. Failure of the Repealed______. registration certificate holder to take action to correct the violation within 15 days shall result in either the issuance of a 64B24-3.004 Endorsement Fee. citation when appropriate or the initiation of regular Rulemaking Specific Authority 467.005, 467.0135 FS. Law disciplinary proceedings. The minor violations which result in Implemented 467.0135(6) FS. History–New 1-26-94, Formerly a notice of noncompliance are: 61E8-3.004, Amended 8-15-95, Formerly 59DD-3.004, Amended 12-23-97, 11-10-99, Repealed______. (1) Failure to notify of a change of address within 30 days as required by Section 466.034, F.S. NAME OF PERSON ORIGINATING PROPOSED RULE: (2) Failure to renew registration by the February 28 Kaye Howerton biennial renewal date provided that the establishment was not NAME OF AGENCY HEAD WHO APPROVED THE in operation without an active registration delinquency fee is PROPOSED RULE: Ana M. Viamonte Ros, M.D., M.P.H. paid within 2 months of the date by which renewal was DATE PROPOSED RULE APPROVED BY AGENCY required under Section 466.032, F.S. HEAD: May 19, 2009

2570 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Rulemaking Specific Authority 120.695, 456.073(3) FS. Law (5) The registration certificate holder has 30 days from the Implemented 120.695, 456.073(3), 466.032 FS. History–New date the citation becomes a final order to pay any fine imposed 3-28-05, Amended______. and costs. All fines and costs are to be made payable and mailed to the Department. A copy of the citation shall 64B27-2.003 Citation Authority. accompany the payment of the fine and costs. (1) Unless otherwise specified, all citation violations must be corrected within 60 days. Pursuant to Section 456.077, F.S., Rulemaking Specific Authority 456.077 FS. Law Implemented the Department describes those violations for which there is no 456.072(4), 456.077, 466.032 FS. History–New 3-28-05, Amended______. substantial threat to the public health, safety, and welfare and the penalties to be imposed. All citations require the subject to NAME OF PERSON ORIGINATING PROPOSED RULE: correct the violation, if remediable, within a specified period of Sue Foster time not to exceed 60 days. If the violation is not corrected, or NAME OF AGENCY HEAD WHO APPROVED THE is disputed, the Department shall follow the procedure set forth PROPOSED RULE: Ana M. Viamonte Ros, M.D. M.P.H., in Section 456.073, F.S. In addition to any administrative fine State Surgeon General imposed, the Respondent shall pay the costs of investigation. DATE PROPOSED RULE APPROVED BY AGENCY (2) The following violations with accompanying penalty HEAD: May 19, 2009 may be disposed of by citation with the specified penalty: DATE NOTICE OF PROPOSED RULE DEVELOPMENT (a) Failure to notify of a change of address within 30 days PUBLISHED IN FAW: September 12, 2008 as required by Section 466.034, F.S., $100 fine. (b) Operating on a delinquent license Failure to renew DEPARTMENT OF FINANCIAL SERVICES registration provided that the renewal and delinquency fee is Division of Risk Management paid within 2 months of the date by which renewal was RULE NO.: RULE TITLE: required under Section 466.032, F.S., $200 $100 fine. 69H-2.008 Other Forms Adopted (c) Advertising or operating a laboratory under the name PURPOSE, EFFECT AND SUMMARY: The proposed rule is of another laboratory under Section 466.028(1)(e), F.S., $200 necessary in order to comply with federal mandates that will fine. become effective on July 1, 2009. Section 111 of the Medicare, (d) Failure to maintain on the premises a copy of the Medicaid, and SCHIP Extension Act of 2007 (Section 1862(b) laboratory registration provided that the laboratory is properly of the Social Security Act (42 U.S.C. 1395(y)(b)) adds registered under paragraph 64B27-1.001(2)(c), F.A.C., $150 mandatory reporting requirements with respect to Medicare fine. beneficiaries who receive settlements, judgments, awards, or (e) Failure to maintain on the premises a written policy other payments from liability insurance (including and procedure on sanitation under paragraph self-insurance), no-fault insurance, or workers’ compensation. 64B27-1.001(2)(e), F.A.C., provided that this required policy The Division of Risk Management, as a required reporting entity, document is provided to the inspector within 20 days, $150 must identify any Medicare beneficiaries that have existing fine. claims with the Division of Risk Management and collect certain (f) A single instance of waste materials not being disposed data that will be reported to the Center for Medicare and of properly under paragraph 64B27-1.001(2)(b), F.A.C., $100 Medicaid Services (CMS). The data collected under federal law fine. will be used by CMS in processing claims billed to Medicare for (g) Failure of the owner or a designated employee to reimbursement of items and services furnished to Medicare complete five or fewer hours of approved required continuing beneficiaries and for Medicare as a Secondary Payer recovery education courses within the biennium. $200 fine. effort, as appropriate. (h) Failure of the owner or a designated employee to The simplest and most effective means to collect this data is to complete six to 18 hours of approved required continuing promulgate a form that will be sent to all applicable claimants. education courses within the biennium $500 fine. RULEMAKING AUTHORITY: 284.17, 284.39 FS. (3) Citations shall be issued to licensee by the Bureau of LAW IMPLEMENTED: 284.30, 284.40, 284.41 FS. Investigative Services only after review by Department legal THIS RULEMAKING IS UNDERTAKEN PURSUANT TO staff. Such review may be by telephone, in writing, by SECTION 120.54(6), F.S. WRITTEN COMMENTS MAY BE facsimile, or by e-mail. SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS (3)(4) When an initial violation for which a citation could NOTICE TO: George Rozes, Senior Management Analyst II, be issued occurs in conjunction with a violation for which a Division of Risk Management, Department of Financial citation could not be issued, the procedures of Section 456.073, Services, 200 East Gaines Street, Tallahassee, Florida F.S., shall apply. 32399-0336.

Section II - Proposed Rules 2571 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 69L-5.110 Experience Records 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN 69L-5.111 Late Reports; Penalties OBJECTION TO THIS RULEMAKING WITH THE 69L-5.112 General Requirements AGENCY. THE OBJECTION SHALL SPECIFY THE 69L-5.113 Application to Provide Servicing PORTIONS OF THE PROPOSED RULE TO WHICH THE 69L-5.114 Retaining Authorization as Service PERSON OBJECTS AND THE SPECIFIC REASONS FOR Company; Recertification THE OBJECTION. 69L-5.115 Withdrawal of Authorization 69L-5.116 Review and Audit THE FULL TEXT OF THE PROPOSED RULE IS: 69L-5.117 Forms, Manuals, and Instructions 69L-5.201 Definitions 69H-2.008 Other Forms Adopted. 69L-5.202 Scope of Self-Insurance (1) The following forms are hereby adopted and Authorization incorporated by reference. These forms shall be used to aid the 69L-5.203 Payroll Reporting Division in the performance of its administrative duties by 69L-5.204 Maintenance of Payroll Records, securing pertinent facts and information on claims filed against Review and Audit the Fund, as the circumstances of particular cases may require. 69L-5.205 Loss Data Reporting (a) DFS-D0-261, “Automobile Accident Report,” rev. 69L-5.206 Maintenance of Loss Data Records, 11/05; Review and Audit (b) DFS-D0-866, “Mileage Reimbursement,” rev. 11/05; 69L-5.207 Outstanding Liabilities Reporting (c) DFS-D0-1403, “General Liability Loss Report”, rev. 69L-5.208 Maintenance of Outstanding 11/05; Liabilities Records, Review and (d) DFS-D0-1404, “Lien Disclosure Statement”, rev. Audit 11/05; 69L-5.209 Financial Statements Reporting (e) DFS-D0-1406, “Insurer’s Disclosure Statement 69L-5.210 Actuarial Reports Pursuant to Section 627.4137, F.S.”, rev. 11/05; 69L-5.211 Changes in Anniversary Rating Date (f) DFS-D0-1407, “Medical Authorization”, rev. 11/05; 69L-5.212 Contact Information Reporting and 69L-5.213 Subsidiary, Affiliate and Location (g) DFS-D0-1410, “Substitute Form W9”, new 11/05;. Reporting (i) DFS-D0-1990, “Medicare Secondary Payer Reporting 69L-5.214 Indemnity Agreements for Affiliated Questionnaire”, new 5/09; and Self-Insurers (h) DFS-D0-1991, “Medicare Beneficiary/Eligibility 69L-5.215 Parental Guaranty Information”, new 5/09. 69L-5.216 Provision of Benefits and Safe Working Environment by (2) Copies of each form adopted and incorporated by Self-Insurers reference in this rule are available from the Division of Risk 69L-5.217 Civil Penalties and Fines Management, Department of Financial Services, Larson 69L-5.218 Security Deposits Building, Tallahassee, Florida 32399-0336. 69L-5.219 Excess Insurance Rulemaking Specific Authority 284.17, 284.39 FS. Law Implemented 69L-5.220 Drug-Free Workplace Premium 284.30, 284.40, 284.41 FS. History–New 1-7-92, Amended 6-28-01, Credit Program Formerly 4H-2.008, Amended 7-4-04, 5-4-05,______. 69L-5.221 Safety Program Premium Credit DEPARTMENT OF FINANCIAL SERVICES 69L-5.222 Revocation and Employer Compliance Division of Worker’s Compensation 69L-5.223 Election Process RULE NOS.: RULE TITLES: 69L-5.224 Termination 69L-5.101 Definitions 69L-5.225 Requirements 69L-5.102 General Requirements 69L-5.226 Application Process 69L-5.103 Application 69L-5.227 Alien Corporations Additional 69L-5.104 Alternate Method of Application Requirements 69L-5.105 General Requirements 69L-5.228 Termination 69L-5.106 Financial Statement or Financial 69L-5.229 Application Process Summary 69L-5.230 Contracting with a Qualified 69L-5.107 Actuarial Reports Servicing Entity 69L-5.108 Security Deposits 69L-5.231 Forms and Instructions 69L-5.109 Excess Insurance

2572 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

PURPOSE AND EFFECT: Rule Chapter 69L-5, F.A.C. is SUMMARY OF STATEMENT OF ESTIMATED being amended to concurrently repeal and replace all existing REGULATORY COSTS: No Statement of Estimated rules with new rules which have been restructured and Regulatory Cost was prepared. renumbered to promote clarity and efficiencies to the process Any person who wishes to provide information regarding a by which self-insured employers comply with the duties and statement of estimated regulatory costs, or provide a proposal obligations associated with the privilege of self-insuring for a lower cost regulatory alternative must do so in writing pursuant to Chapter 440, Florida Statutes. The purpose of Rule within 21 days of this notice. Chapter 69L-5, F.A.C., is to interpret and implement RULEMAKING AUTHORITY: 440.38(1), (2), (3), provisions of Chapter 440, Florida Statutes, regarding 440.385(6), 440.525(2), 440.591 FS. regulation by the Department of Financial Services and the LAW IMPLEMENTED: 440.02(24), 440.101, 440.102, Florida Self-Insurers Guaranty Association, Inc. of entities 440.1025, 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 FS. self-insuring the payment of compensation for Florida IF REQUESTED WITHIN 21 DAYS OF THE DATE OF employees. The proposed new rules address the scope of the THIS NOTICE, A HEARING WILL BE HELD AT THE self-insurance authorization, the required filings, record DATE, TIME AND PLACE SHOWN BELOW (IF NOT maintenance and audit processes for self-insurers, the REQUESTED, THIS HEARING WILL NOT BE HELD): self-insurance process for both governmental entities and DATE AND TIME: Wednesday, June 24, 10:00 a.m. – 12:00 members and former members of the Florida Self-Insurers Noon Guaranty Association, Inc., and the application process for and PLACE: Room 104J, Hartman Bldg., 2012 Capital Circle regulations regarding servicing entities. The proposed new Southeast, Tallahassee, Florida rules also adopt forms for use with said rules. The proposed Pursuant to the provisions of the Americans with Disabilities new rules differ from the existing self-insurer rules in various Act, any person requiring special accommodations to ways, including increasing the minimum net worth participate in this workshop/meeting is asked to advise the requirement to qualify to self-insure and by establishing new agency at least 5 days before the workshop/meeting by guidelines to be used in determining the financial strength of contacting: Robin Ippolito, (850)413-1775 or current and former self-insurers. In addition, the proposed new [email protected]. If you are hearing or rules require security deposits for current and former speech impaired, please contact the agency using the Florida self-insurers to be based on the entities’ long term issuer credit Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 rating in order to create a more structured and objective system (Voice). for determining financial strength necessary to ensure timely payment of current and future claims. The proposed new rules THE PERSON TO BE CONTACTED REGARDING THE also outline the penalties for self-insurers who late-file reports, PROPOSED RULES IS: Robin Ippolito, Bureau Chief, Bureau fail to file them, fail to maintain loss records, or misclassify of Monitoring and Audit, Division of Workers’ Compensation, losses or other data which impacts the calculation and Department of Financial Services, 200 East Gaines Street, collection of assessments for the Workers’ Compensation Tallahassee, Florida 32399-4224, phone (850)413-1775 Administration Trust Fund and the Special Disability Trust THE FULL TEXT OF THE PROPOSED RULES IS: Fund. Further, the proposed new rules include a change in the specific excess insurance requirements regarding the GENERAL REQUIREMENTS maximum retention amount allowed without additional 69L-5.101 Definitions. approval, provide for an electronic version of Form DFS-F2-SI-17, Unit Statistical Report, and eliminate the Rulemaking Specific Authority 440.38(2)(b), 440.591 FS. Law alternative method of application to self-insure. Implemented 440.38(1)(b) FS. History–New 10-1-82, Amended 12-17-85, Formerly 38F-5.30, Amended 3-11-87, 8-28-91, 12-19-93, SUMMARY: Concurrently repeals all existing rules in Rule Formerly 38F-5.030, Amended 5-19-97, Formerly 38F-5.101, Chapter 69L-5, F.A.C., replacing them with proposed new 4L-5.101, Amended 3-8-06, Repealed______. rules which have been restructured and revised to clarify regulatory guidelines for employers self-insuring payment of QUALIFYING FOR SELF-INSURANCE compensation for employees, pursuant to Chapter 440, Florida 69L-5.102 General Requirements. Statutes. Among the proposed revisions included are those which address requirements regarding the financial strength, Rulemaking Specific Authority 440.38(2)(b), 440.591 FS. Law Implemented 440.38(6) FS. History–New 5-19-97, Formerly credit quality, net worth, security deposits, and excess 38F-5.102, 4L-5.102, Amended 3-8-06, 10-29-06, insurance associated with the self-insurance process; Repealed______. provisions relating to penalties for self-insurers filing late reports, and those who fail to file or otherwise fail to comply with the proposed rules.

Section II - Proposed Rules 2573 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

69L-5.103 Application. SERVICING FOR SELF-INSURERS Rulemaking Specific Authority 440.38(2)(b), 440.591 FS. Law 69L-5.112 General Requirements. Implemented 440.38(1)(b) FS. History–New 5-19-97, Formerly 38F-5.103, 4L-5.103, Amended 3-8-06, Repealed______. Rulemaking Specific Authority 440.38(1)(b), (2), (4)(b), 440.49(1)(a), 440.56(4) FS. Law Implemented 440.20(16), 440.38(1)(b), (2), 440.49(1)(a), 440.56(4) FS. History–New 10-1-82, Formerly 69L-5.104 Alternate Method of Application. 38F-5.31, Amended 12-19-93, Formerly 38F-5.031, Amended Rulemaking Specific Authority 440.591, 440.38(2)(b) FS. Law 5-19-97, Formerly 38F-5.112, 4L-5.112, Repealed______. Implemented 440.38(1)(b), (2)(b) FS. History–New 10-1-82, Amended 12-25-84, Formerly 38F-5.44, Amended 2-3-88, 6-12-91, 69L-5.113 Application to Provide Servicing. 12-19-93, 5-14-96, Formerly 38F-5.044, Amended 5-19-97, Formerly 38F-5.104, 4L-5.104, Repealed______. Rulemaking Specific Authority 440.38(1)(b), (2), (4)(b), 440.56(4) FS. Law Implemented 440.38(1)(b), (2), (4)(b), 440.56(4) FS. History–New 10-1-82, Amended 12-25-84, Formerly 38F-5.40, RETENTION, REVOCATION, AND WITHDRAWAL Amended 12-19-93, Formerly 38F-5.040, Amended 5-19-97, 69L-5.105 General Requirements. Formerly 38F-5.113, 4L-5.113, Repealed______.

Rulemaking Specific Authority 440.38(1)(b), (2)(b) FS. Law 69L-5.114 Retaining Authorization as Service Company; Implemented 440.38(1)(b), (2)(b) FS. History–New 5-19-97, Formerly 38F-5.105, 4L-5.105, Repealed______. Recertification. Rulemaking Specific Authority 440.591, 440.38(2)(a) FS. Law 69L-5.106 Financial Statement or Financial Summary. Implemented 440.20(16), 440.38(1)(b), (2)(a), (b), (4)(b) FS. History– New 10-1-82, Amended 12-25-84, Formerly 38F-5.41, Amended Rulemaking Specific Authority 440.38(2)(b), 440.591 FS. Law 6-12-91, 12-19-93, Formerly 38F-5.041, Amended 5-19-97, Formerly Implemented 440.38(1)(b) FS. History–New 10-1-82, Formerly 38F-5.114, 4L-5.114, Repealed______. 38F-5.47, Amended 6-12-91, 12-19-93, 5-14-96, Formerly 38F-5.047, Amended 5-19-97, Formerly 38F-5.106, 4L-5.106, Amended 3-8-06, Repealed______. 69L-5.115 Withdrawal of Authorization. Rulemaking Specific Authority 440.38(1)(b), (3)(b)5. FS. Law 69L-5.107 Actuarial Reports. Implemented 440.38(2), (3) FS. History–New 10-1-82, Formerly 38F-5.42, Amended 12-19-93, Formerly 38F-5.042, Amended Rulemaking Specific Authority 440.38(1), (2) FS. Law Implemented 5-19-97, Formerly 38F-5.115, 4L-5.115, Repealed______. 440.38(1), (2) FS. History–New 5-19-97, Formerly 38F-5.107, 4L-5.107, Repealed______. PAYROLL AND CLAIMS RECORDS 69L-5.108 Security Deposits. 69L-5.116 Review and Audit. Rulemaking Specific Authority 440.38(1)(b) FS. Law Implemented Rulemaking Specific Authority 440.38(2)(b), 440.51(6)(b) FS. Law 440.38(1)(b) FS. History–New 5-19-97, Formerly 38F-5.108, Implemented 440.20(16)(c), 440.38(1)(b), (2)(b) FS. History–New 4L-5.108, Repealed______. 10-1-82, Formerly 38F-5.51, Amended 12-19-93, Formerly 38F-5.051, Amended 5-19-97, Formerly 38F-5.116, 4L-5.116, 69L-5.109 Excess Insurance. Repealed______.

Rulemaking Specific Authority 440.38(1)(b) FS. Law Implemented FORMS, MANUALS, AND INSTRUCTIONS 440.38(1)(b) FS. History–New 10-1-82, Formerly 38F-5.36, Amended 2-3-88, 12-19-93, Formerly 38F-5.036, Amended 5-19-97, 69L-5.117 Forms, Manuals, and Instructions. Formerly 38F-5.109, 4L-5.109, Repealed______. Rulemaking Specific Authority 440.57, 440.5705, 440.591 FS. Law Implemented 440.381, 440.57, 440.5705, 624.316, 624.424 FS. 69L-5.110 Experience Records. History–New 5-19-97, Formerly 38F-5.117, 4L-5.117, Rulemaking Specific Authority 440.38(1)(b), (2)(b), (3), 440.385 FS. Repealed______. Law Implemented 440.38(1)(b), (2)(b), (3), 440.385 FS. History–New 5-19-97, Formerly 38F-5.110, 4L-5.110, Repealed______. GENERAL REQUIREMENTS 69L-5.201 Definitions. 69L-5.111 Late Reports; Penalties. (1) When used in these rules, the following words or terms Rulemaking Specific Authority 440.38(1)(b), (2)(b), 440.51(6)(b), shall mean: 440.5705 FS. Law Implemented 440.38(1)(b), (2)(b), 440.51, 440.102, 624.24 FS. History–New 10-1-82, Formerly 38F-5.38, (a) “Actuarial Report” – A report signed by a member of Amended 12-19-93, Formerly 38F-5.038, Amended 5-19-97, the American Academy of Actuaries providing an opinion of Formerly 38F-5.111, 4L-5.111, Repealed______. the appropriate present value of the self-insured reserves incurred in this state, using a four percent (4%) discount rate, for current and future claims.

2574 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(b) “Affiliated Self-Insurer” – Two or more entities (p) “Former Self-Insurer” – An employer authorized by affiliated by common majority ownership, as defined in the the Department to fund its workers’ compensation liabilities as NCCI Experience Rating Plan Manual for Workers’ prescribed in Section 440.38(1)(b) or (6), F.S., whose Compensation and Employers Liability Insurance (filed and authorization has been revoked or voluntarily terminated with approved by the Florida Office of Insurance Regulation), remaining outstanding workers’ compensation liabilities. which do not have a parent company to hold the self-insurance (q) “Generally Accepted Accounting Principles” – authorization, and which are approved by the Department to Accounting principles generally accepted in the United States fund their workers’ compensation liabilities as prescribed in of America in effect as of June 1, 2006, including, but not Section 440.38(1)(b), F.S. limited to, Accounting Principles Board Opinions Nos. 1 to 31 (c) “Alien Corporation” – A corporation formed under the as published by the American Institute of Certified Public laws of any country other than the United States. Accountants, and statements of accounting standards and (d) “A. M. Best Company” – An organization recognized interpretations thereof, as published by the Financial by the U.S. Securities and Exchange Commission as a Accounting Standards Board (FASB). These materials are nationally recognized statistical rating organization whose entitled Original Pronouncements 2008/2009 Edition, Vols. I, ratings are permitted to be used for regulatory purposes. II, & III, dated June 1, 2008, and available from FASB, 401 (e) “Anniversary Rating Date” – The effective month and Merritt 7, P. O. Box 5116, Norwalk, CT 06856-5116, day of the beginning of the self-insurance authorization and 1(800)748-0659, http://www.fasb.org. each anniversary thereafter unless a different date is (r) “Generally Accepted Auditing Standards” – Auditing established. standards generally accepted in the United States of America in (f) “Association” – The Florida Self-Insurers Guaranty effect as of January 1, 2009, including, but not limited to, Association, Inc. general, field work and reporting standards approved and (g) “Authorized Representative” – An individual or adopted by the membership of the American Institute of company authorized by the Department to operate on behalf of Certified Public Accountants (AICPA), as amended by the the Department; or an individual or company authorized by the AICPA Auditing Standards Board (ASB), standards Association to operate on behalf of the Association. promulgated by the ASB in the form of Statements on Auditing (h) “Credit Rating” – A long-term issuer credit rating Standards and standards promulgated by the Public Company issued by Moody’s Investors Service, Standard & Poor’s or Accounting Oversight Board (PCAOB). The AICPA materials Fitch Ratings. A credit rating assigned to a specific debt issue are entitled Codification of Statements on Auditing Standards, is not an acceptable substitute for a long-term issuer credit dated January 1, 2009, available from the AICPA at rating. http://www.cpa2biz.com or call 1(888)777-7077. The rules and (i) “Current Self-Insurer” – An employer authorized by the standards of the PCAOB are available at no charge at Department to fund its workers’ compensation liabilities as http://www.pcaobus.org. prescribed in Section 440.38(1)(b) or (6), F.S., whose (s) “Governmental Entity” – The state and its boards, authorization to self insure has not been revoked or voluntarily bureaus, departments, and agencies and all of its political terminated. subdivisions which employ labor, and the state universities, (j) “Department” – Florida Department of Financial pursuant to Section 440.38(6), F.S. Services. (t) “Investment Grade Credit Rating” – A long-term issuer (k) “Division” – The Division of Workers’ Compensation credit rating equal to or higher than “Baa3”, “BBB-”, or “BBB-”, issued by Moody’s Investors Service, Standard & within the Florida Department of Financial Services. Poor’s or Fitch Ratings, respectively. A credit rating assigned (l) “F.A.C.” – Florida Administrative Code. to a specific debt issue is not an acceptable substitute for a (m) “F.S.” – Florida Statutes. long-term issuer credit rating. (n) “FSIGA Member” – A Current Self-Insurer or Former (u) “Manual Premium” – Premium determined by Self-Insurer authorized by the Department as defined in multiplying the payroll (segregated into the proper workers’ Sections 440.02(24)(a) and 440.38(1)(b), F.S., other than compensation job classifications) times the manual rates per self-insurers which are Public Utilities or Governmental $100 of payroll in effect at the start of the payroll period Entities. covered, as further defined in the NCCI Basic Manual for (o) “Financial Statement(s)” – A presentation of financial Workers’ Compensation and Employers’ Liability Insurance data, including accompanying notes, derived from accounting (filed and approved by the Florida Office of Insurance records that purports to show financial position and intended to Regulation). communicate an entity’s economic resources or obligations at a (v) “NCCI” – The National Council on Compensation point in time, and the results of operations and cash flows for a Insurance, Inc. period of time, in accordance with Generally Accepted Accounting Principles and presented in the English language.

Section II - Proposed Rules 2575 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(w) “Net Worth” – Stockholders’ equity, owners’ equity or (1) Current Self-Insurers and Former Self-Insurers shall net assets as shown on the balance sheet of the Financial complete Form DFS-F2-SI-5 by submitting payroll by Statements. classification code for the latest completed period beginning on (x) “Qualified Servicing Entity” – Any company approved the Anniversary Rating Date. by the Department to adjust and submit workers’ compensation (2) Former Self-Insurers shall submit this report until the claims to the Division and/or provide safety services and loss final payroll period has been reported. control on behalf of the self-insurer. (3) Current Self-Insurers shall submit Form DFS-F2-SI-5 (y) “Security Deposit” – A security deposit conforming to no later than sixty (60) days after their Anniversary Rating the requirements of Section 440.38(1)(b)4., F.S. Date. Former Self-Insurers shall submit their final Form (z) “Specific Excess Insurance Policy” – A specific excess DFS-F2-SI-5 no later than ninety (90) days after the revocation workers’ compensation insurance policy approved by the or voluntary termination of the self-insurance authorization. Florida Office of Insurance Regulation which provides for the (a) Governmental Entities and Public Utilities shall submit actual transfer of risk to the excess carrier. Form DFS-F2-SI-5 to the: (aa) “Standard Premium” – As defined in the NCCI Basic Department of Financial Services Manual for Workers’ Compensation and Employers’ Liability Division of Workers’ Compensation Insurance (filed and approved by the Florida Office of Bureau of Monitoring and Audit/Self-Insurance Insurance Regulation). 200 East Gaines Street (bb) “Successor Entity” – Any person, business entity, or Tallahassee, Florida 32399-4224 group of persons or business entities, which holds or acquires (b) FSIGA Members shall submit Form DFS-F2-SI-5 to legal or beneficial title to the majority of the assets or the the: majority of the shares of a Current Self-Insurer or Former Florida Self-Insurers Guaranty Association, Inc. Self-Insurer, pursuant to Chapter 440, F.S. 1427 E. Piedmont Dr., 2nd Floor Rulemaking Authority 440.02(24), 440.38(1), (2), (3), 440.385(6), Tallahassee, Florida 32308 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 FS. History–New______. Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), 69L-5.202 Scope of Self-Insurance Authorization. (6), 440.525 FS. History–New______. (1) Approval of a self-insurance authorization in 69L-5.204 Maintenance of Payroll Records, Review and accordance with Section 440.38, F.S., and these rules will be Audit. continuous unless and until revoked or voluntarily terminated. (1) The payroll records of all Current Self-Insurers and (2) The self-insurance authorization of a Current Former Self-Insurers shall be open for inspection and audit by Self-Insurer is restricted to the authorization holder and its the Department, or its Authorized Representative, during wholly or majority owned subsidiaries. regular business hours. Self-insurers are required to maintain (3) Where the Current Self-Insurer is an Affiliated payroll records that reflect a true and accurate division by the Self-Insurer, the self-insurance authorization is restricted to classification codes contained in the NCCI SCOPES of Basic entities affiliated by common majority ownership and their Manual Classifications and the NCCI Basic Manual for wholly or majority owned subsidiaries. Workers’ Compensation and Employers Liability Insurance Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. (filed and approved by the Florida Office of Insurance Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. Regulation) so the proper classification code for each History–New______. employee may be determined. If such records are not UNIVERSAL REQUIREMENTS REQUIRED FILINGS, maintained, then the entire payroll shall be presumed to be within the classification code to which the highest manual rate RECORDS MAINTENANCE AND AUDIT is applicable. To ensure their availability for audit purposes, 69L-5.203 Payroll Reporting. the records shall be retained for five (5) years from the end of Self-Insurers shall report payroll data for all entities covered the payroll period. The location of these records shall be under the self-insurance authorization using Form provided to the Department upon submission of the application DFS-F2-SI-5 (Self-Insurer Payroll Report), as incorporated by for self-insurance and updated within fifteen (15) days of any reference into Rule 69L-5.231, F.A.C. Failure to submit the relocation. required payroll reports, understatement or concealment of (2) At the conclusion of the audit conducted by the payroll, or the misrepresentation of employee duties so as to Department or its Authorized Representative, a preliminary avoid proper classification shall constitute good cause for report shall be prepared and sent to the self-insurer. The revocation of the self-insurance authorization in addition to preliminary report shall identify any payroll or classification civil penalties specified in Rule 69L-5.217, F.A.C. deficiencies. The self-insurer shall have thirty (30) days from

2576 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 the date of receipt to review and respond to the Department’s (6) The experience modification shall be used in the preliminary report. The Department shall review the response calculation and collection of assessments for the Workers’ and issue a final report. Compensation Administration Trust Fund, the Special Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), Disability Trust Fund, and the Florida Self-Insurers Guaranty 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), Association, Inc. (6), 440.525 FS. History–New______. (7) The Division shall provide a copy of the experience rating worksheet to each self-insured employer and FSIGA. 69L-5.205 Loss Data Reporting. Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), Current Self-Insurers and Former Self-Insurers shall submit 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), loss data for all entities covered under the self-insurance (6), 440.525 FS. History–New______. authorization on Form DFS-F2-SI-17, as incorporated by reference into Rule 69L-5.231, F.A.C., or the electronic 69L-5.206 Maintenance of Loss Data Records, Review equivalent provided by the Department. Failure to submit the and Audit. required loss data forms or material understatement or (1) All records supporting the submitted Form concealment of data shall constitute good cause for revocation DFS-F2-SI-17 or its electronic equivalent shall be open for of the self-insurance authorization in addition to civil penalties inspection and audit by the Department or its Authorized specified in Rule 69L-5.217, F.A.C. Representative, during regular business hours. Self-insurers are (1) The Division or the Association shall, within at least required to maintain loss records that reflect a true and accurate ten (10) days prior to the evaluation date, advise each self division by the classification codes, status type, and injury insurer of the covered periods for the submission of the loss codes contained in the NCCI Workers’ Compensation data. Statistical Plan Manual (filed and approved by the Florida (2) Current Self-Insurers will complete Form Office of Insurance Regulation) and the NCCI Basic Manual DFS-F2-SI-17 or the electronic equivalent of Form for Workers’ Compensation and Employers Liability Insurance DFS-F2-SI-17 by submitting loss data for the current (filed and approved by the Florida Office of Insurance evaluation year and the prior two (2) evaluation years. Regulation) so the proper classification code, status type, and (3) Former Self-Insurers shall continue to submit this injury code for each accident may be determined. To ensure report until the loss data for the final period of authorization their availability for audit purposes, the records shall be has been reported for three (3) years. retained for five (5) years from the last date the claims data was (4) The completed Form DFS-F2-SI-17 or the electronic used for calculation of the experience modification. The equivalent of Form DFS-F2-SI-17 shall be mailed or location of these records shall be provided to the Department transmitted to the Division or the Association no later than upon submission of the application for self-insurance and sixty (60) days after the evaluation date. updated within fifteen (15) days of any relocation. (a) Governmental Entities who are unable to transmit an (2) At the conclusion of the audit conducted by the electronic version of Form DFS-F2-SI-17 shall mail the Department or its Authorized Representative, a preliminary completed Form DFS-F2-SI-17, no later than 60 days after the report shall be prepared and sent to the self-insurer. The evaluation date to the: preliminary report shall identify any payroll, loss, or Department of Financial Services classification deficiencies. The self-insurer shall have thirty (30) days from the date of receipt to review and respond to the Division of Workers’ Compensation Department’s preliminary report. The Department shall review Bureau of Monitoring and Audit/Self-Insurance the response and issue a final report. 200 East Gaines Street Tallahassee, Florida 32399-4224 Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (b) FSIGA Members who are unable to transmit the (6), 440.525 FS. History–New______. electronic version of Form DFS-F2-SI-17 shall mail the completed Form DFS-F2-SI-17 to: 69L-5.207 Outstanding Liabilities Reporting. Florida Self-Insurers Guaranty Association, Inc. (1) Current Self-Insurers and Former Self-Insurers, other 1427 E. Piedmont Dr., 2nd Floor than Governmental Entities, shall report their outstanding Tallahassee, Florida 32308 self-insured workers’ compensation liabilities for all entities (5) The Division will promulgate the experience covered under the self-insurance authorization on Form modification using the NCCI Basic Manual for Workers’ DFS-F2-SI-20 (Report of Outstanding Workers’ Compensation Compensation and Employers’ Liability Insurance and the Liabilities), as incorporated by reference into Rule 69L-5.231, NCCI Experience Rating Plan Manual for Workers’ F.A.C. This includes all outstanding liabilities of Former Compensation and Employers’ Liability Insurance (filed and Self-Insurers for which the Current Self-Insurer is the approved by the Florida Office of Insurance Regulation). Successor Entity. Form DFS-F2-SI-20 shall be accompanied

Section II - Proposed Rules 2577 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 by a loss run substantiating all amounts reported on the form, (c) The Financial Statements shall show a Net Worth of be signed by an Authorized Representative of the Self-Insurer the greater of $10,000,000 U.S. or three (3) times Standard or its Qualified Servicing Entity, and be submitted no later than Premium, and; 120 days after the end of the self-insurer’s fiscal year. The (d) The Financial Statements shall be audited in evaluation date shall not be prior to the end of the self-insurer’s accordance with Generally Accepted Auditing Standards. latest fiscal year. Failure to submit the required Report of (e) Financial statements submitted for Current Self Outstanding Workers’ Compensation Liabilities, or material Insurers and Former Self Insurers under an authorization understatement or concealment of loss reserves, shall granted prior to January 1, 1997, are not required to be audited constitute good cause for revocation of the self-insurance in accordance with Generally Accepted Auditing Standards. authorization in addition to civil penalties specified in Rule (2) All legal entities included under the self-insurance 69L-5.217, F.A.C. authorization shall submit Financial Statements in accordance (2) FSIGA Members shall submit Form DFS-F2-SI-20 to with this rule. Separate Financial Statements shall be submitted the: for each entity unless consolidated or combined Financial Florida Self-Insurers Guaranty Association, Inc. Statements are submitted. All Financial Statements submitted 1427 E. Piedmont Dr., 2nd Floor must comply with the provisions of this rule. However, for Tallahassee, Florida 32308 purposes of meeting the Net Worth requirement, the Net Worths of the companies comprising an Affiliated Self-Insurer Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), may be combined. (6), 440.525 FS. History–New______. (3) If a majority of the assets and/or stocks of a Current Self-Insurer are purchased by a Successor Entity and the 69L-5.208 Maintenance of Outstanding Liabilities Current Self-Insurer can no longer provide Financial Records, Review and Audit. Statements in its own name, then the Current Self-Insurer’s (1) All records supporting Form DFS-F2-SI-20 (Report of authorization shall be revoked unless the Successor Entity Outstanding Workers’ Compensation Liabilities) shall be open becomes a Current Self-Insurer pursuant to this rule or the for inspection and audit by the Department, the Association, or Current Self-Insurer voluntarily terminates its self-insurance their Authorized Representative, during regular business hours. authorization. Application for a self-insurance authorization by Each self-insurer is required to maintain all records supporting the Successor Entity must be made within thirty (30) days of Form DFS-F2-SI-20. To ensure their availability for audit the effective date of the acquisition or restructuring. purposes, the records shall be retained for five (5) years after (4) The Successor Entity of a Former Self-Insurer shall closing of a claims file. submit its Financial Statements in accordance with this rule. (2) The location of these records shall be provided to the (5) The Successor Entity shall acknowledge liability for Department or Association upon submission of the application payment of the Former Self-Insurer’s self-insured workers’ for self-insurance and updated within fifteen (15) days of any compensation liabilities by providing a written statement relocation. executed by a senior executive officer of the Successor Entity. Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), (f) FSIGA Members shall submit Financial Statements to 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), the: (6), 440.525 FS. History–New______. Florida Self-Insurers Guaranty Association, Inc. 69L-5.209 Financial Statements Reporting. 1427 E. Piedmont Dr., 2nd Floor Current Self-Insurers and Former Self-Insurers, other than Tallahassee, Florida 32308 Governmental Entities, shall submit their Financial Statements Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), no later than 120 days after the end of their fiscal year. Failure 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), to submit the required Financial Statements shall constitute (6), 440.525 FS. History–New______. good cause for revocation of the self-insurance authorization in 69L-5.210 Actuarial Reports. addition to civil penalties specified in Rule 69L-5.217, F.A.C. (1) Current Self-Insurers and Former Self-Insurers, other (1) The Financial Statements shall meet the following than Governmental Entities, that do not have Investment Grade requirements: Credit Ratings shall be required to submit Actuarial Reports (a) The Financial Statements shall be in the name of the within 120 days after the end of their fiscal year or any other entity holding the self-insurance authorization, date requested by the Department or the Association. (b) The Financial Statements shall demonstrate that the (a) Actuarial Reports shall have a valuation date not more self-insurer has the financial strength necessary to ensure the than 180 days prior to the date submitted to the Department or timely payment of all current and future claims, the Association.

2578 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(b) If requested by the Department or the Association, any (2) FSIGA Members shall submit contact information to Current Self-Insurer or Former Self-Insurer, other than a the: Governmental Entity, shall be required to submit an Actuarial Florida Self-Insurers Guaranty Association, Inc. Report. 1427 E. Piedmont Dr., 2nd Floor (2) The Department or the Association may require that Tallahassee, Florida 32308 the Actuarial Report include a forecast of loss reserves to a Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. future date. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. (3) FSIGA Members shall submit Actuarial Reports to the: History–New______. Florida Self-Insurers Guaranty Association, Inc. 1427 E. Piedmont Dr., 2nd Floor 69L-5.213 Subsidiary, Affiliate and Location Reporting. Tallahassee, Florida 32308 (1) Current Self-Insurers shall provide written notification of changes in the names and addresses, as well as changes in Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. the structure, of the self-insurer, its affiliates and their wholly Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. History–New______. or majority owned subsidiaries, along with the Federal Employer Identification Number (FEIN), fictitious names, and 69L-5.211 Changes in Anniversary Rating Date. percentage of ownership for each legal entity included under (1) Any Current Self-Insurer desiring to change its the self-insurance authorization within thirty (30) days of the Anniversary Rating Date shall submit a request in writing. effective date of the change. Current Self-Insurers shall also (a) Governmental Entities shall submit requests to the: provide written notification of changes in the addresses of all Department of Financial Services operating locations with employees within the State of Florida, Division of Workers’ Compensation which are included under the self-insurance authorization within thirty (30) days of the effective date of the change. Bureau of Monitoring and Audit/Self-Insurance (2) Current Self-Insurers shall annually certify the 200 East Gaines Street accuracy of their subsidiary, affiliate and location information. Tallahassee, Florida 32399-4224 Such certification shall be signed by an officer of the Current (b) FSIGA Members shall submit requests to the: Self-Insurer. Florida Self-Insurers Guaranty Association, Inc. (3) Notifications of changes and annual certifications shall 1427 E. Piedmont Dr., 2nd Floor be submitted as follows: Tallahassee, Florida 32308 (a) Governmental Entities shall submit location (2) Upon receipt of the written request, the Division or the information to the: Association shall advise the self-insurer in writing within thirty Department of Financial Services (30) days as to the effective date of the change, if approved, Division of Workers’ Compensation using the NCCI Workers’ Compensation Experience Rating Bureau of Monitoring and Audit/Self-Insurance Plan Manual for Workers’ Compensation and Employers’ 200 East Gaines Street Liability Insurance (filed and approved by the Florida Office of Insurance Regulation) to determine this date. Tallahassee, Florida 32399-4224 (b) FSIGA Members shall submit location information to Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. the: Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. History–New______. Florida Self-Insurers Guaranty Association, Inc. 1427 E. Piedmont Dr., 2nd Floor 69L-5.212 Contact Information Reporting. Tallahassee, Florida 32308 Current Self-Insurers and Former Self-Insurers shall provide Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. written notification of changes in their contact information Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. within thirty (30) days of the effective date of the change. History–New______. Notification shall be submitted as follows: (1) Governmental Entities shall submit contact 69L-5.214 Indemnity Agreements for Affiliated information to the: Self-Insurers. Department of Financial Services Affiliated Self-Insurers must execute a new Form Division of Workers’ Compensation DFS-F2-SI-11 (Indemnity Agreement), as incorporated by Bureau of Monitoring and Audit/Self-Insurance reference into Rule 69L-5.231, F.A.C., within thirty (30) days of changes in the affiliates included under the self-insurance 200 East Gaines Street authorization. Form DFS-F2-SI-11 shall be executed by an Tallahassee, Florida 32399-4224

Section II - Proposed Rules 2579 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 officer of each affiliated entity to be included under the Department of Financial Services self-insurance authorization. The executed form shall be Division of Workers’ Compensation submitted to the: Bureau of Monitoring and Audit/Self-Insurance Florida Self-Insurers Guaranty Association, Inc. 200 East Gaines Street 1427 E. Piedmont Dr., 2nd Floor Tallahassee, Florida 32399-4224 Tallahassee, Florida 32308 (2) Current Self-Insurers and Former Self-Insurers Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. choosing to use their own employees to provide these services Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. must obtain prior approval from the Department and shall History–New______. submit Form DFS-F2-SI-19 (Certification of Servicing for Self-Insurers), as incorporated by reference into Rule 69L-5.215 Parental Guaranty. 69L-5.231, F.A.C., within thirty (30) days of a change in Notwithstanding any other provisions of these Rules to the servicing arrangement and at least every three (3) years contrary, if a parent company that directly or indirectly owns thereafter. 100% of a Current Self-Insurer, Former Self-Insurer or (3) Current Self-Insurers or Former Self-Insurers applicant for self-insurance elects to execute Form contracting with Qualified Servicing Entities must file Form DFS-F2-SI-10 (Parental Guaranty and Corporate Resolution), DFS-F2-SI-19 within thirty (30) days of entering into a as incorporated by reference in to Rule 69L-5.231, F.A.C., servicing contract. then: (a) For Governmental Entities, Form DFS-F2-SI-19 shall (1) The Financial Statements of the parent company shall be obtained from and submitted to the: be used to apply the financial statement requirements of Department of Financial Services subsections 69L-5.209(1) and 69L-5.225(1), F.A.C., Division of Workers’ Compensation (2) The Credit Rating of the parent company shall be used Bureau of Monitoring and Audit/Self-Insurance to determine the amount of the Security Deposit in accordance with Rule 69L-5.218, F.A.C., 200 East Gaines Street (3) The Net Worth of the parent company shall be used to Tallahassee, Florida 32399-4224 determine the excess insurance requirements in accordance (b) For FSIGA Members, Form DFS-F2-SI-19 shall be with paragraph 69L-5.219(1)(a), F.A.C., obtained from and submitted to the: (4) The Net Worth of the parent company shall be used to Florida Self-Insurers Guaranty Association, Inc. apply the Net Worth requirements in subparagraph 1427 E. Piedmont Dr., 2nd Floor 69L-5.209(1)(a)3. and paragraph 69L-5.225(1)(a), F.A.C., and Tallahassee, Florida 32308 (5) The Credit Rating of the parent company shall be used (4) Failure to submit the required Certification of to apply the minimum requirements in paragraph Servicing shall constitute good cause for revocation of the 69L-5.225(1)(b), F.A.C., and the initial security deposit self-insurance authorization in addition to civil penalties requirements of paragraph 69L-5.225(1)(e), F.A.C. specified in Rule 69L-5.217, F.A.C. (5) In the event that self-insured claims are transferred to a Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. new Qualified Servicing Entity or the self-insurer assumes History–New______. responsibility for provision of these services in-house, the previous Qualified Servicing Entity shall provide an 69L-5.216 Provision of Benefits and a Safe Working accounting of all claims files and claims data sufficiently Environment by Self-Insurers. detailed to permit the new Qualified Servicing Entity or the (1) It shall be the sole responsibility of Current self-insurer to establish accurate claims, reserving, and Self-Insurers and Former Self-Insurers to provide for accounting data. competent persons to service their self-insurance program in Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), the areas of claims adjusting, safety engineering and loss 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), control. This shall be done through either the use of their own (6), 440.525 FS. History–New______. employees, who are determined by the Department to be competent in these areas, or by contracting with a Qualified 69L-5.217 Civil Penalties and Fines. Servicing Entity approved by the Department to provide these (1) Civil Penalties for Delinquent Reports – Failure to services. A list of Qualified Servicing Entities may be obtained timely file legible and complete forms, reports or documents as by contacting the Department at: required by Section 440.38(2)(b), F.S., or these rules, shall subject the party required to file such form, report, or

2580 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 document to assessment by the Department of a civil penalty. (c) For Financial Statements, extensions may be granted For purposes of this rule, a form, report or document is by the Division if proof is supplied by the self-insurer that considered timely filed if postmarked on or before the due date circumstances entirely beyond the control of the self-insurer prescribed in this rule. Reports submitted by a Qualified have made it impossible to file in a timely manner. Extensions Servicing Entity on behalf of the self-insurer shall be treated as may be granted for up to sixty (60) days if the self-insurer if they were submitted by the self-insurer directly. submits draft Financial Statements and provides evidence that (a) Late filed forms, reports, and documents required the reason for the delay in submittal is entirely beyond the pursuant to this rule shall be penalized as follows: control of the self-insurer. For extensions beyond sixty (60) 1. $100 for filings 1 to 14 days late. days from the original due date, circumstances shall be limited 2. $2,500 for filings 15 to 30 days late. to: 3. $5,000 for filings 31 to 60 days late. 1. The destruction of the records of the self-insurer, 4. For periods greater than sixty (60) days, $200 per day 2. Delays caused by Acts of God or nature; or, from the required filing date. Total penalties assessed under 3. Delays caused by other regulatory processes of the State this section for a single late filed form, report, or document of Florida or the United States Government. shall not exceed $25,000. (3) For consideration of extensions beyond sixty (60) days (b) These civil penalties are to be applied per occurrence, from the original Financial Statements due date, clerical errors, per form, report, or document. Payment shall be made within personnel turnover, accidental or intentional destruction of fifteen (15) days after receipt of the notification and submitted forms and records by employees of the self-insurer or any along with the form, report, or document. Failure to submit the delays caused by the incompetence of the employees of the required forms, reports and documents constitutes good cause self-insurer shall not be grounds for an extension. for revocation of the self-insurance authorization in addition to (4) Fines for Delinquent Payment of Assessments – civil penalties specified in this rule. Assessments payable to the Florida Self-Insurers Guaranty (2) A request for an extension of time to file a form, report Association, Inc., not postmarked by the due date, shall incur a or document shall be made in writing by the self-insurer or its fine of $100 or 5% of the assessment due, whichever is greater, Qualified Servicing Entity and shall be postmarked no later per month until paid. than fifteen (15) days prior to the due date of the form, report (5) All civil penalty and fine payments shall be made or document. Extensions shall be granted in writing and notice payable to the Workers’ Compensation Administration Trust provided to the self-insurer or Qualified Servicing Entity. Such Fund and mailed to the: extension shall establish a new one-time due date subject to the Department of Financial Services same provision for late filing. Division of Workers’ Compensation (a) For forms, reports, or documents, other than Actuarial Bureau of Monitoring and Audit/Self-Insurance Reports requested by the Association and Financial 200 East Gaines Street Statements, extensions may be granted by the Division if proof Tallahassee, FL 32399-4224 is supplied by the self-insurer or Qualified Servicing Entity (6) Failure to submit forms, reports, documents, Financial that circumstances entirely beyond the control of the Statements or Actuarial Reports or to remit civil penalties or self-insurer or its Qualified Servicing Entity have made it fines shall be grounds for revocation of the self-insurance impossible to file in a timely manner. Such circumstances shall authorization. be limited to: 1. The destruction of the records of the self-insurer or its Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), Qualified Servicing Entity, (6), 440.525 FS. History–New______. 2. Delays caused by Acts of God or nature; or, 3. Delays caused by other regulatory processes of the State 69L-5.218 Security Deposits. of Florida or the United States Government. (1) Current Self-Insurers and Former Self-Insurers, other (b) Clerical errors, personnel turnover, accidental or than Governmental Entities, that have a current Investment intentional destruction of forms and records by employees of Grade Credit Rating shall maintain a minimum Security the self-insurer or its Qualified Servicing Entity or any delays Deposit of $100,000. caused by the incompetence of the employees of the (2) Current Self-Insurers, other than Governmental self-insurer or its Qualified Servicing Entity shall not be Entities, that do not have a current Investment Grade Credit grounds for an extension. Rating shall provide a Security Deposit in an amount equal to the greater of the actuarially determined outstanding loss reserves discounted to present value, using a four percent (4%)

Section II - Proposed Rules 2581 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 discount rate, or the actuarially determined outstanding loss (7) If the self-insurer is a FSIGA Member, the Security reserves forecasted to a date one year in the future, discounted Deposit must be submitted to and executed in favor of the to such forecasted date using a four percent (4%) discount rate, Association. The Security Deposit shall be held by the as calculated in its Actuarial Report. In no case, shall the Association or the Department exclusively for the benefit of amount of the Security Deposit be less than $100,000. workers’ compensation claimants. The Security Deposit shall (3) Former Self-Insurers, other than Governmental not be subject to assignment, execution, attachment, or any Entities, that do not have an Investment Grade Credit Rating legal process whatsoever, except as necessary to guarantee the shall provide a Security Deposit equal to the actuarially payment of workers’ compensation benefits under Chapter determined outstanding loss reserves discounted to present 440, F.S. value at a four percent (4%) discount rate. In no case shall the For FSIGA Members, security deposit forms can be obtained amount of the Security Deposit be less than $100,000. from and shall be submitted to the: (4) In the event that a Current Self-Insurer or Former Florida Self-Insurers Guaranty Association, Inc. Self-Insurer does not have a current published Credit Rating, 1427 E. Piedmont Dr., 2nd Floor the Association or the Department shall determine an Tallahassee, Florida 32308 equivalent rating by performing an analysis of the Financial (8) A Security Deposit shall consist of, at the option of the Statements provided in accordance with Rule 69L-5.209, employer: F.A.C., and the amount of the Security Deposit shall be (a) A surety bond on Form DFS-F2-SI-4F (Self-Insurer’s determined using the equivalent rating as the Credit Rating. A Surety Bond for FSIGA Member), as incorporated by reference Current Self-Insurer or Former Self-Insurer that disagrees with into Rule 69L-5.231, F.A.C., which shall be issued by a the equivalent rating may provide a current Credit Rating. If corporation surety authorized to transact surety business by the the Current Self-Insurer or Former Self-Insurer provides a Florida Department of Financial Services, Office of Insurance current Credit Rating, the security deposit requirement will be Regulation, and whose financial strength and size ratings from determined using the current Credit Rating instead of the A. M. Best Company are not less than “A” and “V” equivalent rating and any excess security deposit will be respectively, or released. (b) An irrevocable letter of credit on Form DFS-F2-SI-6 (5) As of the effective date of this rule, Current (Self-Insurer’s Irrevocable Letter of Credit), as incorporated by Self-Insurers and Former Self-Insurers that do not have an reference into Rule 69L-5.231, F.A.C., which shall be issued Investment Grade Credit Rating, or an equivalent rating at least by a financial institution located within the State of Florida and equal to an Investment Grade Credit Rating as determined by the deposits of which are insured through the Federal Deposit the Association, shall provide the required security deposit Insurance Corporation. increase amount in accordance with subparagraph (2) or (3) (9) No surety bond shall be terminated and no irrevocable above, as applicable, within twelve (12) months of the letter of credit shall be allowed to expire, without ninety (90) effective date of this rule. However, within this twelve (12) days prior written notice and a deposit by the self-insurer of month period, any Current Self-Insurer or Former Self-Insurer some other Security Deposit of equal value within ten (10) who experiences a deterioration in its Credit Rating or business days after such notice. Failure to provide such written equivalent rating as determined by the Association to a Credit notice or failure to timely provide a replacement Security Rating that is less than an Investment Grade Credit Rating shall Deposit after such notice shall constitute grounds for the be required to provide an Actuarial Report and to post the Association or Division to call or sue upon the surety bond or security increase amount as determined by subsection (2) or (3) to exercise its rights under the letter of credit. For Former above, as applicable, immediately upon request by the Self-Insurers, a surety bond may be terminated without Department. The provisions of this subparagraph expire twelve replacement, but shall not be released until such time as the (12) months after the effective date of this rule. Former Self-Insurer has demonstrated that there is no (6) The Security Deposit shall be maintained until the remaining value to its self-insured workers’ compensation authorization holder is a Former Self-Insurer who has claims, the statute of limitations has run on closed claims, and demonstrated that there is no remaining value to its the Former Self-Insurer has submitted the signed affidavits in self-insured workers’ compensation claims and the statute of accordance with these rules. Notice shall be submitted to: limitations has run on closed claims. Prior to the release of the For FSIGA Members, Security Deposit, the Former Self-Insurer and its Qualified Florida Self-Insurers Guaranty Association, Inc. Servicing Entity(ies) shall provide signed affidavits stating that all self-insured workers’ compensation claims have been 1427 E. Piedmont Dr., 2nd Floor settled or the statute of limitations has run on closed claims. Tallahassee, Florida 32308 Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591, FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. History–New______.

2582 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

69L-5.219 Excess Insurance. proposes to redeem any future payments as compensation for (1) Current Self-Insurers, other than Governmental accidents occurring during the term of the policy, not less than Entities, shall maintain a Specific Excess Insurance Policy. sixty (60) days prior notice of such commutation shall be given Such policy shall have a workers’ compensation limit of not to the Department by certified mail by the underwriter or its less than $50,000,000. agent. (a) The self-insured retention of Specific Excess Insurance (h) Provides that, in the event any commutation is Policies shall be as follows: effected, the Department shall have the right to direct that such 1. The self-insurer’s per occurrence retention shall be no sum either be placed in trust for the benefit of the injured more than $500,000 or 1% of the self-insurer’s Net Worth as employee or employees entitled to such future payments of shown on the self-insurer’s latest audited Financial Statements, compensation or be invested in approved securities and whichever is greater. The self-insured retention shall be deposited with the Department to insure such future payments rounded to the nearest $50,000. of compensation to the employee or employees entitled thereto. 2. A higher self-insured retention may be allowed, if Said commutation must contain a provision that the approved by the Department. The Department shall consider Department may order that the monies due under the terms of the Current Self-Insurer’s financial strength in its review of the the Specific Excess Insurance Policy be paid directly to the requested self-insured retention. injured employee or such other party as the Department may (b) Specific Excess Insurance Policies for Current appoint. Such an action shall be ordered only if the Department Self-Insurers shall be written by insurance companies licensed determines that it is necessary to ensure continued benefits to in Florida pursuant to Chapter 624, 628 or 629, F.S., and shall the injured employee. be subject to the protection afforded by the Florida Workers’ (i) Contains the provision that in the event of the Compensation Insurance Guaranty Association Act (Chapter insolvency of a FSIGA Member, the policy shall reimburse the 631, Part V, F.S.). Association for any monies expended on behalf of the (c) If coverage is not available from a company identified self-insured. Any reimbursement shall be subject to the terms above, the Department may accept policies issued without the of the contract between the FSIGA Member and the insurance protection of the Florida Workers’ Compensation Insurance company. Guaranty Association Act issued by insurance companies who (j) The Specific Excess Insurance Policy shall have no have current financial strength and size ratings from A.M. Best more than one named insured. The named insured shall be the Company of not less than “A-” and “VII” respectively. FSIGA Member and its subsidiaries. In the case of an (d) The Division shall reject any Specific Excess Affiliated Self-Insurer, the named insured shall be all affiliated Insurance Policy written by an insurance company which: entities and their subsidiaries. 1. Does not pay its claims when due; or, (k) Contains the provision that coverage under the Specific 2. Is not in compliance with any requirement of Chapter Excess Insurance Policy extends to all Florida, majority 624, F.S. owned, self-insured subsidiaries of the principal named insured. (e) The Specific Excess Insurance Policy shall meet the following requirements: (2) A binder, providing for at least ninety (90) days coverage, or a certificate of insurance issued by the insurance 1. Shall be issued by an insurance company conforming to company or its authorized agent and specifying the terms of the these rules and shall name the Department as an additional policy, shall be filed within thirty (30) days after the effective insured for the purpose of notification. date of the policy, provided that this proof of specific excess 2. Shall not be cancelled except upon sixty (60) days insurance is not being submitted in support of an application written notice by certified mail to the other party to the policy for self-insurance. Excess renewal endorsements specifying the and to the Department. terms of the policy submitted to the Association within thirty (f) Shall be automatically renewable at the expiration of (30) days after the renewal date satisfies this requirement. In the policy period unless written notice by certified mail is the event of cancellation or non-renewal of the Specific Excess given to the other party to the policy and to the Department Insurance Policy, it shall be necessary for the Current sixty (60) days prior to such expiration by the party desiring to Self-Insurer to file proof of replacement specific excess cancel or not renew the policy. insurance coverage prior to the cancellation or non-renewal (g) Shall provide that any commutation affected under the date. Copies of all Specific Excess Insurance Policies, policy shall not relieve the underwriter of further liability in complete with all endorsements in the name of the insured, respect to claims and expenses unknown at the time of such shall be filed within ninety (90) days of the effective date of the commutation. The underwriter shall not be relieved in regard policy. to closed claims, which may be subsequently revived by or through a competent authority. In the event the underwriter

Section II - Proposed Rules 2583 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(3) FSIGA Members shall submit Specific Excess (2) The certification must be completed using the NCCI Insurance Policies and all related documents and notices to the: Form 09-3 (Certification of Employer Workplace Safety Florida Self-Insurers Guaranty Association, Inc. Program Premium Credit), as incorporated into Rule 1427 E. Piedmont Dr., 2nd Floor 69L-5.231, F.A.C., and shall be filed annually sixty (60) days Tallahassee, Florida 32308 prior to their Anniversary Rating Date. The completed Form (4) If requested by the Association or the Division, 09-3 shall be mailed to the: self-insurers shall provide copies of excess insurance policies Department of Financial Services to support estimated excess insurance recoveries included in Division of Workers’ Compensation their Actuarial Reports provided to the Association or the Assessments Unit Division. 200 East Gaines Street Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Tallahassee, Florida 32399-4221 Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. (3) Certifications not received prior to the Anniversary History–New______. Rating Date shall be applied pro rata as of the date the certification is received at the Division. 69L-5.220 Drug-Free Workplace Premium Credit Program. Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Law Implemented 440.1025, 440.38(1), (2), (3), 440.385(1), (3), (6) (1) In order for self-insurers to receive up to a five percent FS. History–New______. (5%) credit on the computation of premiums used in the determination of the assessments for the Workers’ 69L-5.222 Revocation and Employer Compliance. Compensation Administration Trust Fund, the Special (1) Failure to comply with any of the rules herein or with Disability Trust Fund and the Florida Self-Insurers Guaranty any order of the Department or court of competent jurisdiction Association, Inc., they must certify that they have established a within the time prescribed shall be considered good cause for drug-free workplace in accordance with Sections 440.101 and revocation of the self-insurance authorization, within the 440.102, F.S. meaning of Section 440.38(3), F.S. Noncompliance with any of (2) The certification must be completed using NCCI Form the provisions of the Workers’ Compensation Law, Chapter 09-1 (Application for Drug-Free Workplace Premium Credit), 440, F.S., particularly those relating to time and method of as incorporated by reference into Rule 69L-5.231, F.A.C., and compensation payments, the furnishing of medical treatment shall be filed annually, sixty (60) days prior to their and filing of accident and compensation reports, or failure to Anniversary Rating Date. The completed Form 09-1 shall be pay any assessment or penalty, shall likewise be deemed good mailed to the: cause. Department of Financial Services (2) Material understatement or concealment of payroll, Division of Workers’ Compensation and material misrepresentation or concealment of employee Assessments Unit duties, so as to avoid proper classification shall be considered 200 East Gaines Street good cause for revocation of the self-insurance authorization, Tallahassee, FL 32399-4221 within the meaning of Section 440.38(3), F.S. and/or action by (3) Certifications not received prior to the Anniversary the Department under Section 440.107, F.S. Material Rating Date shall be applied pro rata as of the date the understatement or concealment of data pertinent to the certification is received at the Division. computation and application of an experience modification factor shall be considered good cause for revocation of the Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. self-insurance authorization, within the meaning of Section Law Implemented 440.101, 440.102, 440.38(1), (2), (3), 440.385(1), (3), (6) FS. History–New______. 440.38(3), F.S. and/or action by the Department under Section 440.107, F.S. 69L-5.221 Safety Program Premium Credit. Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), (1) In order for self-insurers to receive up to a two percent 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (2%) credit on the computation of premiums used in the (6), 440.525 FS. History–New______. determination of the assessments for the Workers’ Compensation Administration Trust Fund, the Special SELF-INSURANCE PROCESS FOR GOVERNMENTAL Disability Trust Fund and the Florida Self-Insurers Guaranty ENTITIES Association, Inc., they must certify that they have established a 69L-5.223 Election Process. workplace safety program in accordance with Section (1) The state and its boards, bureaus, departments, and 440.1025, F.S. agencies and all of its political subdivisions which employ labor, and the state universities that are electing to self-insure

2584 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 pursuant to Section 440.38(6), F.S., shall submit to the (a) National Council on Compensation Insurance, Inc. Division for review at least ninety (90) days prior to the 750 Commerce Drive preferred effective date of self-insured status, the following Boca Raton, FL 33487 information: Telephone (800)622-4123, at a cost of $95. (a) Copy of document(s) through which the entity is A copy of the Manual is also available for viewing at: organized or authorized to operate as a Governmental Entity, (b) Department of Financial Services. including articles of incorporation, grant of authority, or Division of Workers’ Compensation charter, if applicable; Bureau of Monitoring and Audit/Self-Insurance (b) Application for Governmental Self-Insurance, Form 2012 Capital Circle, S.E., Hartman Building, Suite 200 DFS-F2-SI-1G, as incorporated by reference into Rule 69L-5.231, F.A.C.; Tallahassee, FL 32399-4224. (c) Application for Governmental Self-Insurance Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Estimated Payroll, Form DFS-F2-SI-GEP, as incorporated by Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. History–New______. reference into Rule 69L-5.231, F.A.C.; (d) Certification of Servicing for Self-Insurers, Form 69L-5.224 Termination. DFS-F2-SI-19, incorporated by reference into Rule 69L-5.231, A Governmental Entity who ceases self-insurance shall notify F.A.C.; and the Division of such withdrawal and shall continue to file all (e) Workers’ Compensation Experience Rating For reports required by this rule with the Division upon withdrawal Non-Affiliate Data, NCCI Form ERM-6, for the current and and thereafter until such time as the employer has satisfied the two (2) preceding years, as set forth in the National Council on Division that there is no remaining value to the claims incurred Compensation Insurance (NCCI) Experience Rating Plan while the employer was self-insured. Manual for Workers’ Compensation and Employers Liability Insurance. The notification and supporting documentation shall Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. be submitted to the: History–New______. Department of Financial Services Division of Workers’ Compensation SELF-INSURANCE PROCESS FOR FSIGA MEMBERS Bureau of Monitoring and Audit/Self-Insurance 69L-5.225 Requirements. 200 East Gaines Street An entity applying for a self-insurance authorization pursuant Tallahassee, Florida 32399-4224 to Section 440.38(1)(b), F.S., shall meet the following (2) Upon receipt of the notification and supporting requirements and shall submit a completed application package documentation from an entity defined within the scope of at least ninety (90) days prior to the desired effective date of Section 440.38(6), F.S., the Division shall provide to the entity the self-insurance authorization: the “Insurer Code #” pursuant to Rule 69L-3.002, F.A.C., prior (1) Net Worth – The applicant’s most recent audited to the effective date of self-insured status for compliance with Financial Statements shall show a Net Worth of the greater of filing requirements of Rule Chapters 69L-3 and 69L-7, F.A.C. $10,000,000 U.S. or three (3) times Standard Premium. (3) Forms adopted. The forms set forth in paragraphs (2) Financial Strength – A current Credit Rating of not less 69L-5.223(1)(b)-(e), F.A.C., as well as the accompanying than “Ba3”, “BB-”, or “BB-” issued by Moody’s Investors instructions to the forms, are hereby adopted and incorporated Services, Standard & Poor’s or Fitch Ratings, respectively. In by reference. Copies of the forms are available from: the event an applicant does not have a current published Credit Department of Financial Services Rating, the Association shall determine an equivalent rating by Division of Workers’ Compensation performing an analysis of the Financial Statements provided in Bureau of Monitoring and Audit/Self-Insurance accordance with Rules 69L-5.209 and 69L-5.225, F.A.C., the 200 East Gaines Street foregoing financial strength requirement shall be based on the Tallahassee, Florida 32399-4224 equivalent rating as the Credit Rating. An applicant that (4) The form set forth in paragraph 69L-5.223(1)(e), disagrees with the equivalent rating may provide a current F.A.C., is found within the National Council on Compensation Credit Rating. If the applicant provides a current Credit Rating, the financial strength requirement shall be based on the current Insurance, Inc. (NCCI) Experience Rating Plan Manual for Workers’ Compensation and Employers Liability Insurance. A Credit Rating instead of the equivalent rating. copy of the Manual and a one (1) year subscription to any and (3) Financial Statements – An applicant shall have at least all updates may be obtained from; three (3) years of Financial Statements in the name of the applicant. The Financial Statements for the most recent year

Section II - Proposed Rules 2585 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 shall be audited in accordance with Generally Accepted (2) All applications for self-insurance shall be submitted in Auditing Standards. If the Financial Statements for the two (2) duplicate at least ninety (90) days prior to the desired effective years prior to the most recent year have been audited in date. Self-insurance effective dates shall be determined by the accordance with Generally Accepted Auditing Standards, the Department with consideration given to the date selected by audit reports(s) on these Financial Statements shall also be the applicant and shall always be on the first of the month. submitted. However, on no occasion shall the effective date be more than (4) An applicant that does not have three (3) years of six (6) months after the approval date. Financial Statements in its own name due to a recent purchase (3) The following information shall be submitted in or merger, may use the Financial Statements of its duplicate with the application: predecessor(s), provided there has been no change to the (a) The most recent three (3) years of Financial Statements structure of the entity or the line of business which would that conform to the requirements of Rule 69L-5.225, F.A.C. adversely affect the applicant’s financial condition. (b) If the date of the latest Financial Statements is over six (5) Security Deposit – The applicant shall provide a (6) months old at the time of application, interim financial Security Deposit that conforms to the requirements of Rule statements, up to and including at least the latest fiscal quarter, 69L-5.218, F.A.C. In the event the applicant meets the above must be included and must be certified as to their accuracy by a financial strength requirement, but does not have an corporate officer, general partner or sole proprietor. Investment Grade Credit Rating, the applicant shall provide a (c) A completed Form DFS-F2-SI-19 (Certification of Security Deposit in an amount equal to the actuarially Servicing for Self-Insurers) detailing the proposed servicing determined outstanding loss reserves forecasted to a date one arrangements and accompanying documentation that conforms year in the future, discounted to such forecasted date using a to the requirements of Rule 69L-5.216, F.A.C. four percent (4%) discount rate, as calculated in its Actuarial (d) A list of all entities which the applicant intends to Report. In no case, shall the amount of the Security Deposit be include under its self-insurance authorization in accordance less than $100,000. with Rule 69L-5.202, F.A.C., that includes the following (6) Specific Excess Insurance Policy Requirements – The information: applicant shall provide proof of a Specific Excess Insurance 1. Percentage of the applicant’s ownership interest in each Policy that conforms to the requirements of Rule 69L-5.219, entity, F.A.C. 2. Federal Employer Identification Number (FEIN) of (7) Provision of Benefits and a Safe Working Environment each entity, – The applicant shall provide a completed Form DFS-F2-SI-19 3. Addresses of each entity and its operating locations (Certification of Servicing for Self-Insurers) detailing the within the State of Florida, and proposed servicing arrangements and accompanying 4. Any fictitious names used by each entity within the documentation that conforms to the requirements of Rule State of Florida. 69L-5.216, F.A.C. (e) If the applicant is seeking approval as an Affiliated (8) In order for an application to be considered complete, Self-Insurer, Form DFS-F2-SI-11 (Indemnity Agreement) shall all required documents must be submitted, including the be executed by an officer of each affiliated company to be Security Deposit, proof of Specific Excess Insurance Policy, included under the self-insurance authorization. and Certification of Servicing for Self-Insurers. (f) If the applicant is seeking approval using the Financial Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Statements of a parent company under Rule 69L-5.215, F.A.C., Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. Form DFS-F2-S1-10 (Parental Guaranty and Corporate History–New______. Resolution), as incorporate by reference into Rule 69L-5.231, 69L-5.226 Application Process. F.A.C., must be executed by a corporate officer of the parent company. (1) An application for self-insurance shall be made on Form DFS-F2-SI-1 (Application for Self-Insurance), as (g) A list of corporate officers, general partners, or sole incorporated by reference into Rule 69L-5.231, F.A.C. An proprietor as applicable to the corporate structure of the application may be obtained at: applicant including the resident city and state and the full business address of each. Florida Self-Insurers Guaranty Association, Inc. (h) Certification by a corporate officer, general partner, or 1427 E. Piedmont Dr., 2nd Floor sole proprietor stating that the applicant, at the time of Tallahassee, FL 32308 application, and until approval of the application, will maintain or: workers’ compensation insurance coverage in compliance with www.fsiga.org Section 440.38(1)(a), F.S.

2586 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(i) Certification by a corporate officer, general partner, or (3) Designation of a general agent for service of process in sole proprietor stating that the applicant has not experienced a Florida. material adverse change in its financial condition since the date Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. of the latest provided Financial Statements. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. (j) A certificate of status from the applicant’s state of History–New______. domicile, along with a certificate of status from the State of Florida, issued within the last six (6) months. 69L-5.228 Termination. (k) If the name of the entity has changed in the last three (1) A FSIGA Member who obtains replacement coverage (3) years, documentation of the change as filed with the and desires to terminate its self-insurance authorization shall applicant’s state of domicile. advise the Association in writing within thirty (30) days of the (l) Experience modification promulgation worksheet for desired termination date and shall provide proof of the current and two (2) preceding years as set forth in the NCCI replacement coverage in the form of a certificate of insurance Experience Rating Plan Manual for Workers’ Compensation effective as of the desired termination date. If a certificate of and Employers Liability Insurance (filed and approved by the insurance effective as of the desired termination date cannot be Florida Office of Insurance Regulation). provided, then: (m) A Security Deposit that conforms to the requirements (a) If the certificate of insurance indicates an effective date of Rule 69L-5.218, F.A.C. prior to the desired termination date, the certificate must be (n) Proof of a Specific Excess Insurance Policy that amended to show Florida being endorsed onto the policy effective as of the desired termination date or a copy of the conforms to Rule 69L-5.219, F.A.C. endorsement itself must be attached. (4) Upon receiving the application, the Association shall (b) If the certificate of insurance indicates an effective date review the application. Any additional information needed to subsequent to the desired termination date, the self-insurance complete the application shall be requested within thirty (30) authorization shall be terminated as of the effective date of the days. certificate of insurance. (5) The application is not complete for purposes of Section 120.60, F.S., until all of the above requirements are met and the (c) If a FSIGA Member no longer has employees in the required documents are submitted to the Association. The State of Florida and desires to terminate its self-insurance Department shall not approve any application for authorization, the FSIGA Member shall so advise the self-insurance until the application is complete including the Association in writing within thirty (30) days of the desired submission of the Security Deposit, proof of Specific Excess termination date and shall provide proof that it no longer has Insurance Policy and Certification of Servicing for employees in the State of Florida. Self-Insurers. (2) A FSIGA Member who voluntarily terminates its self-insurance authorization or whose self-insurance Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. authorization is revoked, on or after January 1, 1991, shall Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. History–New______. continue to file all reports required by this rule or Chapter 440, F.S., with the Association upon termination or revocation, until 69L-5.227 Alien Corporations Additional Requirements. such time as the FSIGA Member has demonstrated to the An Alien Corporation applying for self-insurance must submit Association that there is no remaining value to the claims the following documentation in duplicate at the time of incurred while the FSIGA Member was self-insured. application in addition to the application requirements outlined Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. in Rule 69L-5.225, F.A.C.: Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. (1) An opinion from an attorney, whose qualifications are History–New______. deemed satisfactory to the Department, that states that the QUALIFIED SERVICING ENTITIES Alien Corporation’s country of domicile has substantially similar laws with respect to the jurisdiction of the Department 69L-5.229 Application Process. and the Courts of the State of Florida for the purpose of (1) Application to become a Qualified Servicing Entity securing timely payment of all current and future workers’ shall be made on Form DFS-F2-SI-22 (Qualified Servicing compensation claims of the Alien Corporation. Entity Application). Entities may apply to become a Qualified (2) A stipulation that, notwithstanding other rights, all Servicing Entity in any or all of the following: matters related to the self-insurance authorization and to claims-adjusting, loss control or safety engineering. The workers’ compensation claims under Chapter 440, F.S., will be application shall be submitted to the Division at least ninety resolved in Florida Courts under Florida law. (90) days prior to the desired effective date. The application may be obtained at:

Section II - Proposed Rules 2587 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Department of Financial Services (e) Proof of a physical location within the State of Florida Division of Workers’ Compensation separate from the client’s location. If the Qualified Servicing Bureau of Monitoring and Audit/Self-Insurance Entity is a subsidiary of the self-insurer that it services, then 200 East Gaines Street the physical location may be the same as that of the Tallahassee, FL 32399-4224 self-insurer. (a) Entities that are not insurance companies licensed to (f) Proof that they have within the State of Florida, an write workers’ compensation insurance by the Florida Office insurance professional qualified in the field of workers’ of Insurance Regulation shall include the following in the compensation and authorized to act in all matters concerning application package: the company’s claims-handling, 1. A completed Form DFS-F2-SI-22 (Qualified Servicing (g) A notarized statement that the Qualified Servicing Entity Application), as incorporated by reference into Rule Entity utilizes only authorized rehabilitation services pursuant 69L-5.231, F.A.C. to Section 440.491(7), F.S., 2. Proof that the management and ownership of the (h) Two (2) letters of recommendation from prior or Qualified Servicing Entity is competent, trustworthy and current customers, possesses managerial experience that would make the (i) A statement detailing the record handling and proposed operation beneficial to the workers covered. In maintenance practices, and, determining competency the Department shall consider the (j) A copy of the standards and procedures used to develop applicant’s claims-handling history. If the applicant’s history safety programs for their clients if applicable. contains any of the following it shall be considered a (2) Entities that are insurance companies licensed to write demonstration of a lack of competency: workers’ compensation insurance by the Florida Office of a. A repeated pattern or practice of questionable Insurance Regulation shall include the following in the claims-handling techniques pursuant to Sections 440.525 or application package: 440.20, F.S., (a) A completed Form DFS-F2-SI-22 (Qualified Servicing b. A repeated pattern or practice of unreasonably Entity Application), and controverting claims, (b) Proof of their certificate of authority. c. A repeated pattern or practice of failing to pay (3) The entity submitting an application must have no compensation orders as required by statute; or, outstanding penalties or fines owed. d. A repeated pattern or practice of arbitrarily or (4) The entity submitting an application must be approved unreasonably disallowing or reducing payments to healthcare by the Department before engaging in business in Florida as a providers pursuant to Section 440.13(7)(f), F.S. Qualified Servicing Entity. (b) A completed Form DFS-F2-SI-27 (Biographical Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. Statement and Affidavit), as incorporated by reference into Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. Rule 69L-5.231, F.A.C., for each owner and member of New______. management, along with a brief resume. (c) Independent background investigation reports on the 69L-5.230 Contracting with a Qualified Servicing Entity. owners and management performed by a company approved (1) Each Qualified Servicing Entity shall file Form by the National Association of Insurance Commissioners DFS-F2-SI-19 (Certification of Servicing for Self-Insurers) (NAIC). within thirty (30) days of entering into a contract for servicing. (d) Proof that the applicant has a sufficient number of (a) For Governmental Entities, Form DFS-F2-SI-19 shall workers’ compensation claims adjusters licensed by the State be obtained from and submitted to the: of Florida and loss control and safety engineering personnel Department of Financial Services employed on a full-time basis to meet the needs of all Division of Workers’ Compensation self-insurers with which it intends to contract. The following Bureau of Monitoring and Audit/Self-Insurance information shall be submitted for each employee: 200 East Gaines Street 1. A copy of their Florida Adjusters License, for the Tallahassee, FL 32399-4224 adjusters. (b) For FSIGA Members, Form DFS-F2-SI-19 shall be 2. A copy of a current resume for loss control and safety obtained from and submitted to the: engineering personnel. Florida Self-Insurers Guaranty Association, Inc. 1427 E. Piedmont Drive, 2nd Floor Tallahassee, FL 32308 (2) Each contract entered into by a Qualified Servicing Entity shall be open for inspection by the Division.

2588 Section II - Proposed Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(3) Upon termination of a contract for servicing, the (c) A repeated pattern or practice of failing to pay Qualified Servicing Entity agrees it shall continue to provide compensation orders as required by statute, or claims adjusting services on all claims incurred during the (d) A repeated pattern or practice of arbitrarily or contract period for ninety (90) days if requested to do so by the unreasonably disallowing or reducing payments to health care self-insurer. The Qualified Servicing Entity shall be entitled to providers pursuant to Section 440.13(7)(f), F.S. payment for its services at the rate agreed upon by the parties (10) Failure to comply with Chapter 69L-24, F.A.C., shall in the contract. be considered good cause for revocation of the Qualified (4) If a self-insurer fails to adequately fund claims or Servicing Entity’s authorization. becomes insolvent, the Qualified Servicing Entity shall (11) Each Qualified Servicing Entity shall file with the immediately notify the Department or Association as Division no later than March 1 of each year, Form appropriate. The Qualified Servicing Entity shall provide DFS-F2-SI-23 (Qualified Servicing Entity Annual Report claims adjusting services for up to ninety (90) days or until Form), as incorporated by reference into Rule 69L-5.231, relieved of this responsibility by the Division or the F.A.C. A copy of Form DFS-F2-SI-23 is available at the: Association. The Qualified Servicing Entity shall not be Department of Financial Services required to pay claims or otherwise incur liabilities for unpaid Division of Workers’ Compensation claims due to the self-insurer’s insolvency or failure to Bureau of Monitoring and Audit/Self-Insurance adequately fund claims if the Department or the Association is 200 East Gaines Street promptly notified. The Qualified Servicing Entity shall be entitled to payment for its services at the rate agreed upon by Tallahassee, FL 32399-4224 the self-insurer in the contract. (12) A finding by the Department of repeated questionable (5) When claims files and claims servicing responsibilities claims handling techniques, or a pattern or practice of are transferred to a new Qualified Servicing Entity, the unreasonable delay in the handling of claims, or of repeated previous Qualified Servicing Entity shall provide an unreasonably controverting claims, or of a repeated practice of accounting of all claims files and claims data sufficiently failing to pay compensation orders as required by statute, or of detailed to permit the new Qualified Servicing Entity of the a repeated practice of arbitrarily or unreasonably disallowing self-insurer to establish accurate claims, reserving, and or reducing payments to healthcare providers pursuant to accounting data. Section 440.13(7)(f), F.S., shall be considered good cause for the revocation of the Qualified Servicing Entity’s (6) Files containing the records of the self-insurer’s claims authorization. are the property of the self-insurer. Upon termination of the contract, the files shall be transferred to the new Qualified (13) Failure to comply with these rules or orders within Servicing Entity or to the self-insurer along with the the time prescribed shall be considered good cause for responsibility for handling them, and revocation of the Qualified Servicing Entity’s authorization. (a) All files shall be transferred within thirty (30) days Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), upon termination of the contract. 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 FS. History–New______. (b) Qualified Servicing Entities shall maintain in Florida, copies of all records relating to the self-insurer’s claims that FORMS AND INSTRUCTIONS they service. The copies shall be sufficient in type and quantity to verify the accuracy and completeness of all reports and 69L-5.231 Forms and Instructions. documents submitted to the Division. The forms set forth in subsections (1) through (17) of this subsection, as well as the accompanying instructions to the (7) The Division shall be notified within thirty (30) days of any change in the location of any records. forms, are hereby incorporated into Chapter 69L-5, F.A.C., by reference. Copies of the forms are available from the Division (8) Records shall be open for inspection by representatives of Workers’ Compensation, Bureau of Monitoring and of the Division or Association during regular business hours. Audit/Self-Insurance Section, 200 East Gaines Street, All records shall be retained for five (5) years. Tallahassee, Florida 32399-4224. (9) Qualified Servicing Entities may be audited by the (1) Form DFS-F2-SI-1, Application for Self-Insurance Division without prior notice. If the Audit finds any of the (eff. _____). following it shall be considered good cause for revocation of (2) Form DFS-F2-SI-1G, Application for Governmental the Qualified Servicing Entity’s authorization. Self-Insurance (eff._____). (a) A repeated pattern or practice of questionable (3) Form DFS-F2-SI-1GEP, Application for Governmental claims-handling techniques pursuant to Sections 440.525 and 440.20, F.S., Self-Insurance Estimated Payroll (eff._____). (b) A repeated pattern or practice of unreasonably (4) Form DFS-F2-SI-4F, Self-Insurer’s Surety Bond for FSIGA Member (eff. _____). controverting claims,

Section II - Proposed Rules 2589 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(5) Form DFS-F2-SI-5, Self-Insurer Payroll Report (eff. 1A-31.0045 Excluded Areas and Sites _____). 1A-31.030 Project Archaeologist Qualifications (6) Form DFS-F2-SI-6, Self-Insurer’s Irrevocable Letter 1A-31.036 Project Archaeologist of Credit (eff. _____). Responsibilities (7) Form DFS-F2-SI-10, Parental Guaranty and Corporate 1A-31.040 Application Procedures Resolution (eff._____). 1A-31.065 Additional Requirements for (8) Form DFS-F2-SI-11, Indemnity Agreement (eff. Exploration Permits _____) 1A-31.075 Permit Modification (9) Form DFS-F2-SI-17, Unit Statistical Report 1A-31.080 Permittee Required to Give Notice of (eff._____). Change 1A-31.085 Permit Suspension and Revocation (10) Form DFS-F2-SI-19, Certification of Servicing for 1A-31.090 Disposition of Archaeological Self-Insurers (eff. _____). Materials, Title to Archaeological (11) Form DFS-F2-SI-20, Report of Outstanding Workers’ Materials Conveyed Compensation Liabilities (eff. _____). NOTICE OF CHANGE (12) Form DFS-F2-SI-22, Qualified Servicing Entity Notice is hereby given that the following additional changes Application (eff. _____). have been made to the proposed rule in accordance with (13) Form DFS-F2-SI-23, Qualified Servicing Entity subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. Annual Report Form (eff. _____). 39, of the September 26, 2008, issue of the Florida (14) Form DFS-F2-SI-27, Biographical Statement and Administrative Weekly (FAW). A previous Notice of Change Affidavit (eff. _____). was published in Vol. 35, No. 12, of the March 27, 2009, FAW. (15) Form DFS-F2-SI-206, Certificate of Self-Insurance The following changes are being made in response to written (eff. _____). comments submitted by the staff of the Joint Administrative (16) NCCI Form 09-1, Application for Drug-Free Procedures Committee as well as comments received in Workplace Premium Credit (eff._____). response to the original notice of proposed rulemaking. (17) NCCI Form 09-3, Certification of Employer 1. In Rule 1A-31.0012, in the second sentence, the word Workplace Safety Program Premium Credit (eff._____). “salvage” shall be replaced with the word “recovery.” Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.591 FS. 2. In Rule 1A-31.0015, subsection (10) shall read: Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6) FS. (10) “Project Archaeologist” means the professional History–New______. underwater archaeologist who meets both the Secretary of Interior’s minimum Standards for Professional Qualifications NAME OF PERSON ORIGINATING PROPOSED RULE: of January 1, 2009, which are incorporated herein by reference, Robin Ippolito, Bureau Chief, Bureau of Monitoring and and the specific standards set forth in Rule 1A-31.030, F.A.C. Audit, Division of Workers’ Compensation, Department of 3. In Rule 1A-31.0045(3), the phrase “herein incorporated Financial Services by reference” shall be deleted. NAME OF AGENCY HEAD WHO APPROVED THE 4. In Rule 1A-31.0045, the last sentence of subsection (9) PROPOSED RULE: Alex Sink, Chief of Financial Officer, shall read: “Significance shall be measured against the criteria Department of Financial Services established for National Historic Landmark designation, per 36 DATE PROPOSED RULE APPROVED BY AGENCY C.F.R. sec. 65.4 “National Historic Landmark criteria,” HEAD: January 5, 2009 effective as of February 2, 1983, which is herein incorporated DATE NOTICE OF PROPOSED RULE DEVELOPMENT by reference.” PUBLISHED IN FAW: January 23, 2009 5. In the second sentence of the introductory paragraph of Rule 1A-31.030, the phrase “or subsequent official version, Section III herein incorporated by reference” shall be deleted. Notices of Changes, Corrections and 6. In Rule 1A-31.036, subsection (1) shall read: “Ensure Withdrawals that professional archaeological standards, consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C., are maintained throughout the course of the DEPARTMENT OF STATE project;” Division of Historical Resources 7. In Rule 1A-31.036, subsection (4) shall read: “Based on RULE NOS.: RULE TITLES: their professional judgment, personally be present and visually 1A-31.0012 Purpose inspect excavations when significant archaeological material 1A-31.0015 Definitions clusters and/or areas of articulated ship’s structure are being

2590 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 excavated, at such times as may be necessary to properly archaeological materials, with the division retaining interpret the historic shipwreck site, and as needed in order to approximately 20% of recovered archaeological materials;” prepare an interim or final report consistent with the standards THE PERSON TO BE CONTACTED REGARDING THE and guidelines for archaeological reports in Rule 1A-46.001, PROPOSED CHANGES IS: Ryan Wheeler at (850)245-6301. F.A.C.;” 8. In Rule 1A-31.036, subsection (5) shall read: Ensure DEPARTMENT OF EDUCATION that adequate records are maintained during all remote sensing, State Board of Education testing, excavation, recovery and conservation and RULE NO.: RULE TITLE: stabilization of recovered artifacts as needed in order to 6A-4.0021 Florida Teacher Certification prepare an interim or final report consistent with the standards Examinations and guidelines for archaeological reports in Rule 1A-46.001, NOTICE OF CHANGE F.A.C.; and ” Notice is hereby given that the following changes have been 9. In Rule 1A-31.040, subsection (1) shall read: “(1) made to the proposed rule in accordance with subparagraph Applications for permits issued under this chapter shall be 120.54(3)(d)1., F.S., published in Vol. 35, No. 14, April 10, made on forms prescribed by the division. Application forms 2009 issue of the Florida Administrative Weekly. may be requested in writing at the division’s address in Rule Sub-subparagaph (4)(a)1.b.-d. and paragraph (9)(s) of Rule 1A-31.0032, F.A.C. Application for Exploration Permit (Form 6A-4.0021 were amended to read: HR6E9001-08), (4/09) is herein incorporated by reference, effective______. Application for Recovery Permit (Form 6A-4.0021 Florida Teacher Certification Examinations. HR6E9002-08), (4/09) is herein incorporated by reference, (4)(a)1.b. Beginning January 1, 2009, a fifty (50) dollar effective ______.” fee for each first-time registration for a subject area specialty 10. In Rule 1A-31.065, subsection (1) shall read: “The examination or any combination of subtests for a subject area division will approve the excavation and recovery of those specialty examination, each first-time registration for the artifacts which will assist in the identification of age and type professional education test, and each first-time registration for of historic shipwreck site being investigated. No excavation or the general knowledge test or any combination of subtests for displacement of archaeological materials shall be conducted the general knowledge test. A fee of one hundred (100) dollars unless approved in writing by the division in the form of an for each retake registration for a subject area specialty amendment to the Exploration Permit. No archaeological examination, the professional education test, or the general materials shall be recovered unless approved in writing by the knowledge test, effective January 1, 2009. Beginning division in the form of an amendment to the Exploration September 1, 2009, a one-hundred (100) dollar fee for each Permit. All archaeological materials recovered under an first-time or retake registration for the general knowledge test Exploration Permit shall be included in the pool of artifacts or any combination of subtests for the general knowledge test, considered for transfer to the permittee if a recovery permit is each first-time or retake registration for a subject area specialty issued, per Rule 1A-31.090, F.A.C.” examination or any combination of subtests for a subject area specialty examination, and a one-hundred (100) dollar fee for 11. Rule 1A-31.075 shall read: “Permit modifications may each first-time or retake registration for the professional be requested in writing by the permittee. Requests for permit education test. modifications will be evaluated against the conditions of the permit, the requirements of this chapter, and the project c. Beginning September 1, 2009, registration fees shall be research design developed by the project archaeologist, per as follows: subsection 1A-31.036(2), F.A.C. The division will respond in writing to requests for modification within 30 days.” Examination Fee 12. In Rule 1A-31.080, the last sentence shall be deleted. General Knowledge Test, First-Time $130.00 13. In Rule 1A-31.085, the introduction of subsection (2) Registration shall read: Criteria for suspension or revocation of a permit General Knowledge Test, Retake $150.00 are:” Registration Professional Education Test, First-Time $150.00 14. In subsection 1A-31.085(2), a new subsection (h) shall Registration be added to read: “(h) Changes in financial support, key Professional Education Test, Retake $170.00 personnel or equipment as reported to the division, per Rule Registration 1A-31.080, F.A.C.” Subject Area Examination, First-Time $200.00 15. In Rule 1A-31.090, subsection (1) shall read: “The Registration division will ensure that materials are transferred so that the Subject Area Examination, Retake $220.00 permittee receives approximately 80% of recovered Registration

Section III - Notices of Changes, Corrections and Withdrawals 2591 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

d. A charge of one hundred (100) dollars in addition to the 33-401.701 Medical and Substance Abuse Clinical Files. fees described in sub-subparagraphs 6A-4.0021(4)(a)1.b. or (1) The Department of Corrections Office of Health 6A-4.0021(4)(a)1.c., F.A.C., for certification applicants taking Services shall maintain a comprehensive medical file a supplemental examination. (including medical, dental and mental health components) on (9)(s) Effective October 1, 2009, the passing scores for the every person committed to the custody and care of the Florida subject area specialty examinations listed below shall be a Department of Corrections. Information included in the scaled score of at least two hundred (200): inmate’s medical file is protected health information and shall 1. Elementary Education K-6 Examination. In addition to be used or disclosed in accordance with the Health Insurance the scaled score of at least two hundred (200), examinees must Portability and Accountability Act Privacy Rule of 1996, pass each of the five (5) sections of the examination: Language (HIPAA) and Florida law. The Department of Corrections shall Arts and Reading; Social Science; Music, Visual Arts, Physical also maintain a comprehensive substance abuse file, should Education, and Health; Science and Technology; and one exist, on every inmate who receives substance abuse Mathematics. The passing score for each section shall be a program services person committed to the custody and care of scaled score of at least sixty-four (64). the Florida Department of Corrections. Information included in 2. Middle Grades Integrated Curriculum (MGIC) 5-9 the inmate’s substance abuse file is confidential in accordance Examination. In addition to the scaled score of at least two with 42 C.F.R. Part II, the Health Insurance Portability and hundred (200), examinees must pass each of the four (4) Accountability Act Privacy Rule of 1996, (HIPAA), and sections of the MGIC: English, General Science, Mathematics, Florida law. The Department of Corrections’ Reception and and Social Science. The passing score for each section shall be Medical Center Hospital shall maintain an inpatient hospital a scaled score of at least sixty-four (64). medical file on every inmate admitted for care and treatment at Reception Medical Center Hospital. Rulemaking Specific Authority 1012.55(1), 1012.56, 1012.59 FS. Law Implemented 1012.56 FS. History–New 8-27-80, Amended (2) Definitions. 1-11-82, 1-6-83, 5-3-83, 10-5-83, 10-15-84, Formerly 6A-4.021, (a) No change. Amended 12-25-86, 4-26-89, 4-16-90, 7-10-90, 4-22-91, 10-3-91, (b) Designated Records Set – refers to an inmate’s 8-10-92, 11-28-93, 4-12-95, 7-1-96, 9-30-96, 10-1-99, 7-17-00, medical, mental health, and dental files, Reception Medical 7-16-01, 3-24-02, 7-16-02, 3-24-03, 7-21-03, 12-23-03, 7-13-04, 5-24-05, 5-23-06, 5-21-07, 5-19-08, 7-21-08,______. Center Hospital’s inpatient hospital file, and substance abuse clinical files that are maintained by the Department. DEPARTMENT OF EDUCATION (c) Department workforce – includes employees, State Board of Education volunteers, interns, trainees and other persons whose conduct, RULE NO.: RULE TITLE: in the performance of work for the Department, is under the 6A-6.05271 Standards for the Use of Reasonable direct control of such the Department, whether or not they are Force. paid by the Department. NOTICE OF CONTINUATION (d) through (e) No change. Notice is hereby given that the above rule, as noticed in Vol. (f) Hospital file – as used in this rule refers to an inmate’s 35, No. 5, February 6, 2009 Florida Administrative Weekly has inpatient hospital patient records created and maintained by been continued from May 19, 2009 to September 15, 2009. Reception Medical Center Hospital. (g)(f) Medical file – as used in this rule refers to the BOARD OF TRUSTEES OF THE INTERNAL inmate’s medical, mental health, and dental files maintained by IMPROVEMENT TRUST FUND the department. Notices for the Board of Trustees of the Internal Improvement (h)(g) Personal Representative – as used in this rule, Trust Fund between December 28, 2001 and June 30, 2006, go means, with respect to a deceased inmate, an executor, to http://www.dep.state.fl.us/ under the link or button titled administrator, or other person with authority under Florida law “Official Notices.” to act on behalf of the deceased inmate or the inmate’s estate. With respect to a living inmate, a personal representative DEPARTMENT OF CORRECTIONS means a health care surrogate, proxy, guardian, or other person RULE NO.: RULE TITLE: with authority under Florida law to make decisions related to 33-401.701 Medical and Substance Abuse the inmate’s health care. Clinical Files (i) Privacy Officer – as used in this rule, refers to a NOTICE OF CHANGE designated employee in the Office of Health Services who is Notice is hereby given that the following changes have been responsible for the development and implementation of the made to the proposed rule in accordance with subparagraph policies and procedures related to the HIPAA Privacy Rule. 120.54(3)(d)1., F.S., published in Vol. 35, No. 9, March 6, The privacy officer is the Department’s contact person for 2009 issue of the Florida Administrative Weekly. HIPAA.

2592 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(h) through (l) renumbered (j) through (n) No change. (e) Form The DC4-711B or other authorization shall be (3) Inmate and offender access to their own protected submitted with the written request for access to an inmate’s health information in a designated records set. protected health information. A copy of the authorization shall (a) Except as otherwise provided in this rule, an inmate be provided to the inmate and the inmate shall acknowledge shall be allowed to have access to his or her own protected receipt of the copy by signing in the appropriate location on the health information contained in a designated records set. An authorization. The authorization and acknowledgement of inmate desiring access to his or her own medical file or receipt of copy shall become a part of the inmate’s medical file. Reception Medical Center hospital file shall submit a written (f) Form DC4-711B Consent and Authorization for Use request using Form DC6-236, Inmate Request, to the health and Disclosure, Inspection and Release of Confidential services administrator or his or her designee. An inmate Information must be notarized when the authorization is not desiring access to his own substance abuse clinical file shall from a current inmate personally known to the witness or is submit a written request using DC6-236, Inmate Request, to from a source external to the Department. All authorization the substance abuse program manager or his or her designee. forms shall be witnessed by at least one person who can verify Form DC6-236 is incorporated by reference in Rule the fact that he witnessed the signing of the authorization by 33-103.019, F.A.C. the inmate and that, to the best of his knowledge, the inmate (b) through (g) No change. knew what was signed. (h) Providing Access (g) No change. 1. Before any inmate reviews his or her medical file, (h) In accordance with 45 C.F.R. § 164.502, a personal hospital file, or substance abuse clinical file the Department representative of a deceased inmate or a deceased inmate’s will verify the inmate’s identity using the inmate’s ID card. estate shall have access to or authorize the disclosure of the 2. Medical and hospital files and substance abuse clinical deceased inmate’s protected health information that is relevant files must be reviewed in a secure area in the presence of health to the personal representative’s legal authority to act on behalf record staff or the health service administrator. of the deceased inmate or the deceased inmate’s estate. A 3. No change. certified copy of a letter of administration, court order, or other document demonstrating the legal (i) No change. such authority of the personal representative shall be filed in the inmate’s medical (4) through (9) No change. file and Form DC4-711B, Consent and Authorization for Use (10) Use and disclosure of protected health information. and Disclosure, for Inspection and Release of Confidential (a) Inmate protected health information shall be used or Information must be signed by a personal representative. disclosed in accordance with the Health Insurance Portability (i) In accordance with 45 C.F.R. § 164.502, a personal and Accountability Act Privacy Rule of 1996, (HIPAA) and representative of a living inmate shall have access to or Florida law. authorize the disclosure of the inmate’s protected health (b) Requests for access to a current inmate’s medical file information that is relevant to the personal representative’s protected health information shall be submitted to the health legal authority to make health care decisions on behalf of the services administrator at the institution where the inmate is inmate. Form DC4-711B, Consent and Authorization for Use housed. Requests for access to a former inmate’s medical file and Disclosure, for Inspection and Release of Confidential protected health information shall be submitted to: Inactive Information shall be signed by the inmate or the inmate’s Medical Records, Reception and Medical Center, P.O. Box personal representative in accordance with Florida law. A copy 628, Lake Butler, Florida 32054. Requests for access to an of a health care surrogate form, durable power of attorney, or inmate’s hospital file shall be submitted to: Reception and other the document demonstrating the personal representative’s Medical Center Hospital, Attention: Hospital Administrator, authority shall be filed in the inmate’s medical file. P.O. Box 628, Lake Butler, Florida 32054. (j) In addition to the access described above, in accordance (c) No change. with Section 395.3025, Florida Statutes, an inmate’s guardian, (d) If use or disclosure of an inmate’s protected health curator, personal representative, or in the absence of one of information is not otherwise permitted by law, an inmate must those persons, next of kin, shall have access to the protected authorize the use or disclosure by giving written consent using health information contained in an inmate’s hospital file Form DC4-711B, Consent and Authorization for Use and created and maintained by the Reception Medical Center Disclosure, for Inspection and Release of Confidential Hospital after the discharge of the inmate. Information, or a legally approved, HIPAA compliant release (j) through (l) renumbered (k) through (m) No change. of protected health information form from another (11) through (12) No change. governmental agency. Form DC4-711B is incorporated by reference in Rule 33-601.901, F.A.C. Rulemaking Specific Authority 944.09, 945.10, 945.6034 FS. Law Implemented 119.07, 944.09, 945.10, 945.25, 945.6034 FS., 42 USCS 290 ee-3, 45 CFR Parts 160 and 164. History–New______.

Section III - Notices of Changes, Corrections and Withdrawals 2593 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

WATER MANAGEMENT DISTRICTS (5) Ambulatory Surgical Centers (ASC) receiving with Suwannee River Water Management District fewer than 200 patient visits during the reporting quarter RULE NO.: RULE TITLE: periods outlined in Rule 59B-9.033, F.A.C in a quarter, may 40B-1.901 General request an exemption from a quarters reporting requirement. NOTICE OF WITHDRAWAL To request an exemption, the ASC shall send a letter on facility Notice is hereby given that the above rule, as noticed in Vol. letterhead stating the number of patient visits for the reporting 35, No. 8, February 27, 2009 issue of the Florida quarter and signed by the entity’s chief executive officer or Administrative Weekly has been withdrawn. director. The exemption letter shall be received at the Agency office in Tallahassee on or prior to the deadline for submission AGENCY FOR HEALTH CARE ADMINISTRATION of the quarterly report must have the entity’s chief executive officer or director to certify to the Agency in writing, that the Cost Management and Control ambulatory center has fewer than 200 patient visits per Rule RULE NOS.: RULE TITLES: 59B-9.033, F.A.C., for the reporting period, and the 59B-9.031 Definitions certification is to be received at the Agency office in 59B-9.032 Ambulatory and Emergency Tallahassee on or prior to the deadline for submission of the Department Data Reporting and Audit Procedures report. This is not a onetime letter, but must be submitted for 59B-9.034 Reporting Instructions each quarter where there were fewer than 200 visits. 59B-9.035 Certification, Audits, and 59B-9.034 Reporting Instructions. Resubmission Procedures (5) Beginning with the Ambulatory data report for the 1st 59B-9.036 Penalties for Ambulatory Patient quarter of the year 2010, reporting facilities must submit a Data Reporting and Deficiencies zipped outpatient XML file by Internet according to the 59B-9.038 Ambulatory Data Elements, Codes specifications in paragraphs (a) through (c) below. Unless and Standards reporting by CD-ROM is approved by the Agency in a case of 59B-9.039 Public Records extraordinary or hardship circumstances. NOTICE OF CHANGE 59B-9.035 Certification, Audits, and Resubmission Notice is hereby given that the following changes have been Procedures. made to the proposed rule in accordance with subparagraph (1) All ambulatory centers submitting data in compliance 120.54(3)(d)1., F.S., published in Vol. 35, No. 12, March 27, with Rules 59B-9.030 through 59B-9.039, F.A.C., shall certify 2009 issue of the Florida Administrative Weekly. that the data submitted for each quarter period is accurate, 59B-9.031 Definitions. complete and verifiable using Certification Form for (5) “Emergency Department” means any department of Ambulatory Patient Data AHCA Form APD1, dated 7/1/95, any general hospital when a request is made for emergency revised 09/01/2000 and incorporated by reference. The Agency services and care for any emergency medical condition which will send a final certification packet to to the reporting entity is within the service capability of the hospital as specified in containing their summary reports generated by the Agency, the Section 395.1041, F.S. Certification of Ambulatory Patient Data certification form and (5) through (7) renumbered (6) through (8) No change. Agency contact information and instructions. The facility must (8) “NUBC” means National Uniform Billing Committee. complete and sign the certification form thereby “certifying” A national body that defines the data elements that are reported that they have examined the ambulatory patient data report on the Uniform Bill UB-04 and annually publishes an Official and, to the best of their knowledge and belief, the information UB-04 Data Specifications Manual. contained in this report is true, accurate, and complete, and has (9) “NUCC” means the National Uniform Claims been prepared from the books and records of this ambulatory Committee. A national body that define the data fields that are center, except as noted. The completed certification form must reported on the HCFA 1500 which is published annually. be either mailed shall be submitted to the Agency for Health Care Administration, 2727 Mahan Drive, MS #16, Tallahassee, (10) through (13) renumbered (9) through (12) No change. Florida 32308. Attention: Florida Center for Health 59B-9.032 Ambulatory and Emergency Department Data Information and Policy Analysis; or by facsimile to the Reporting and Audit Procedures. Agency’s office; or a scanned certification submitted by (4) Any Ambulatory Surgical Center receiving which has electronic mail by the certification due date. Upon receipt of a a total of 200 or more patient visits during the reporting quarter facilities signed certification form by the Agency, the facility is periods outlined in per Rule 59B-9.033, F.A.C., are for the considered “certified” for the reporting quarter. reporting period is required to report data as specified set forth (2) Beginning with the ambulatory data reporting for the in Rules 59B-9.037 and 59B-9.038, F.A.C. 1st quarter of the year 2010, facilities not certified within five (5) calendar months following the last day of the reporting

2594 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 quarter shall be subject to penalties pursuant to Rule 59B-9.039 Public Records. 59B-9.036, F.A.C. Extensions to this five (5) month period will (4) Requests shall be submitted by users sufficiently in may be granted by the Agency Administrator, Office of Data advance to permit the staff to respond without disruption of its Collection and Quality Assurance Unit or the Agency duties as provided in Section 119.07(1)(c) (b), F.S. designee, for a maximum of 30 days following the certification due date in response to a written request signed by the facilities AGENCY FOR HEALTH CARE ADMINISTRATION chief executive officer, ambulatory center director or Hospital and Nursing Home Reporting Systems and Other authorized executive officer designee. Provisions Relating to Hospitals (3) Changes or corrections to certified data will be RULE NOS.: RULE TITLES: accepted from facilities to improve their data quality for a 59E-7.025 Certification, Audits and period of eighteen (18) months following the initial submission Resubmission Procedures due date. The Administrator, Office of Data Collection and 59E-7.026 Penalties for Hospital Inpatient Quality Assurance or designee will may grant approval for Discharge Data Reporting resubmitting previously certified data in response to a written Discrepancies request signed by the facility’s chief executive officer, 59E-7.028 Inpatient Data Elements, Codes and Ambulatory Center director or authorized executive officer Standards designee. 59E-7.029 Public Records 59B-9.036 Penalties for Ambulatory Patient Data NOTICE OF CHANGE Reporting and Deficiencies. Notice is hereby given that the following changes have been (5) Any ambulatory center which is delinquent for a made to the proposed rule in accordance with subparagraph reporting deficiency other than submission of a false report 120.54(3)(d)1., F.S., published in Vol. 35, No. 12, March 27, shall be subject to a fine of $100 per day of violation for the 2009 issue of the Florida Administrative Weekly. first violation, $350 per day of violation for the second 59E-7.025 Certification, Audits and Resubmission violation, and $1,000 per day of violation for the third or Procedures. subsequent violations to be fixed, imposed, and collected by (1) All hospitals submitting data in compliance with Rules the Agency. Any ambulatory center which files a false report 59E-7.012 and 59E-7.021 through 59E-7.030, F.A.C., shall with the Agency or provides false information to the Agency certify that the data submitted for each quarter is accurate, shall be subject to a fine not to exceed a of $1,000 per day per complete and verifiable using Certification Form for Inpatient violation. to be fixed, imposed and collected by the Agency. Patient Discharge Data, AHCA Form 4200-002, dated 10/93, Violations will be considered those activities which necessitate revised 04/27/2009, and incorporated by reference. The the issuance of an administrative complaint by the Agency Agency will send a final certification packet to to the reporting unless the administrative complaint is withdrawn or final order entity containing their summary reports generated by the dismissing the administrative complaint is entered. All fines Agency, the Certification of Inpatient Patient Data certification are to be fixed, imposed and collected by the Agency. Any form and Agency contact information and instructions. The ambulatory center which files a false report with the Agency or facility must complete and sign the certification form thereby provides false information to the Agency shall be subject to a “certifying” that they have examined the inpatient patient data fine not exceeding of $1000 per day per violation, in addition report and, to the best of their knowledge and belief, the to any other fine imposed hereunder, pursuant to Section information contained in this report is true, accurate, and 408.813, 408.08 F.S. The fine shall be fixed, imposed and complete, and has been prepared from the books and records of collected by the Agency. this facility, except as noted. The signed completed 59B-9.038 Ambulatory Data Elements, Codes and certification form must be either mailed shall be submitted to Standards. the Agency for Health Care Administration, 2727 Mahan Beginning with the ambulatory data reporting for the 1st Drive, MS #16, Tallahassee, Florida 32308. Attention: Florida quarter of the year 2010, all data elements and data element Center for Health Information and Policy Analysis; or by codes listed below shall be reported. All facilities submitting facsimile to the Agency’s office; or a scanned certification data in compliance with Rules 59B-9.030 through 59B-9.039, submitted by electronic mail by the certification due date. F.A.C., shall report the following required data elements as as Upon receipt of a facilities signed certification form by the stipulated by the Agency and described in the Official Data Agency, the facility is considered “certified” for the reporting Specifications Manual published by the NUBC and NUCC. quarter. (2) Beginning with the inpatient data reporting for the 1st quarter of the year 2010, hospitals whose data is not certified within five (5) calendar months following the last day of the reporting quarter shall be subject to penalties pursuant to Rule

Section III - Notices of Changes, Corrections and Withdrawals 2595 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

59E-7.026, F.A.C. Extensions to this five (5) month period will NOTICE OF WITHDRAWAL may be granted by the Agency Administrator, Office of Data Notice is hereby given that the above rule, as noticed in Vol. Collection and Quality Assurance Unit or the Agency designee 35, No. 3, January 23, 2009 issue of the Florida Administrative for a maximum of 30 days following the certification due date Weekly has been withdrawn. in response to a written request signed by the hospital’s chief executive officer, chief financial officer, or authorized DEPARTMENT OF ENVIRONMENTAL PROTECTION executive officer designee. Notices for the Department of Environmental Protection (3) Changes or corrections to certified hospital data will be between December 28, 2001 and June 30, 2006, go to accepted from hospitals to improve their data quality for a http://www.dep.state.fl.us/ under the link or button titled period of eighteen (18) months following the initial submission “Official Notices.” due date. The Administrator, Office of Data Collection and Quality Assurance, or Agency designee, will may grant DEPARTMENT OF ENVIRONMENTAL PROTECTION approval for resubmitting previously certified data in response RULE NO.: RULE TITLE: to a written request signed by the hospital’s chief executive 62-520.600 Ground Water Monitoring officer or chief financial officer, or authorized executive officer Requirements and Exemptions designee. NOTICE OF CHANGE 59E-7.026 Penalties for Hospital Inpatient Discharge Data Notice is hereby given that the following changes have been Reporting Discrepancies. made to the proposed rule in accordance with subparagraph (5) Any hospital which is delinquent for a certification 120.54(3)(d)1., F.S., published in Vol. 34, No. 26, June 27, deadline as specified in Rule 59E-7.023, F.A.C., shall be 2008 issue of the Florida Administrative Weekly. subject to a fine of $100 per day of violation for the first 62-520.600 Ground Water Monitoring Requirements and violation, $350 per day of violation for the second violation, Exemptions. and $1,000 per day of violation for the third and all subsequent (6) No change. violations. Violations will be considered those activities which (a) through (k) No change. necessitate the issuance of an administrative complaint by the (l) If any monitoring well becomes inoperable or damaged Agency unless the administrative complaint is withdrawn or to the extent that sampling or well integrity may be affected, final order dismissing the administrative complaint is entered. the permittee shall notify the Department’s office that issued All fines are to be fixed, imposed, and collected by the Agency. the permit within two business days from discovery and a Any hospital which files false information to the Agency shall detailed written report shall follow within ten seven days. The be subject to a fine not exceeding of $1000 per day per written report shall detail what problem has occurred and violation, in addition to any other fine imposed hereunder. The remedial measures that have been taken to prevent recurrence fine shall be fixed, imposed and collected by the Agency. or request approval for replacement of the monitoring well. All 59E-7.028 Inpatient Data Elements, Codes and Standards. monitoring well design and replacement shall be approved by Beginning with the inpatient data reporting for the 1st quarter the Department before installation. of the year 2010, all hospitals submitting data in compliance with Rules 59E-7.012 and 59E-7.021 through 59E-7.030, DEPARTMENT OF HEALTH F.A.C., shall report the required data elements and data Board of Dentistry element codes listed below as stipulated by the Agency and RULE NO.: RULE TITLE: described in the National Uniform Billing Committee Official 64B5-2.014 Licensure Requirements for UB-04 Data Specifications Manual. Applicants from Accredited 59E-7.029 Public Records. Schools or Colleges (4) Requests for inpatient data shall be submitted by users NOTICE OF CHANGE sufficiently in advance of the desired delivery date to permit Notice is hereby given that the following changes have been the Agency staff to respond without disruption of their duties. made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 50, December DEPARTMENT OF MANAGEMENT SERVICES 12, 2008 issue of the Florida Administrative Weekly. Division of Telecommunications The change is in response to concerns of by the Joint RULE NO.: RULE TITLE: Administrative Procedures Committee in a letter dated January 60FF-5.005 Emegency Grants 6, 2009. The change is as follows: The rule shall read as:

2596 Section III - Notices of Changes, Corrections and Withdrawals Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

64B5-2.014 (1)(a) shall read as: requirements at an ADA accredited dental or dental hygiene (1) Submit at least 60 days prior to the examination: school, before being permitted to re-take the dental hygiene (a) A completed application, Form DH-MQA 1182 examination. Such additional coursework shall be obtained (Revised 09/11/08), and incorporated herein by reference is from a program accredited by the ADA, only after the available at on the appropriate form set forth in Rule applicant satisfies and the Board approves the education and 64B5-1.021, F.A.C. Form DH-MQA 1182 (Revised 09/11/08) testing requirements of subsections (3) through (10) above. can be obtained at the Board of Dentistry website at Such additional coursework must be obtained by the applicant http://www.doh.state.fl.us/mqa/dentistry/; and approved by the Board prior to the applicant being allowed THE PERSON TO BE CONTACTED REGARDING THE to sit for the Florida Dental Hygiene examination. PROPOSED RULE IS: Sue Foster, Executive Director, Board 64B5-2.0144(10)(c) shall read as: of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, (c) The additional coursework required by paragraphs Florida 32399-3258 (10)(11)(a) and (10)(11)(b) of this rule must be obtained and approved by the Board prior to the applicant being allowed to DEPARTMENT OF HEALTH sit for the Florida Dental Hygiene examination. Board of Dentistry THE PERSON TO BE CONTACTED REGARDING THE RULE NO.: RULE TITLE: PROPOSED RULE IS: Sue Foster, Executive Director, Board 64B5-2.0144 Licensure Requirements for Dental of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Hygiene Applicants from Florida 32399-3258 Unaccredited Dental Schools or Colleges DEPARTMENT OF HEALTH NOTICE OF CHANGE Board of Dentistry Notice is hereby given that the following changes have been RULE NO.: RULE TITLE: made to the proposed rule in accordance with subparagraph 64B5-16.006 Remediable Tasks Delegable to a 120.54(3)(d)1., F.S., published in Vol. 34, No. 50, December Dental Hygienist 12, 2008 issue of the Florida Administrative Weekly. NOTICE OF CHANGE The change is in response to concerns of by the Joint Notice is hereby given that the following changes have been Administrative Procedures Committee in a letter dated January made to the proposed rule in accordance with subparagraph 6, 2009. The change is as follows: 120.54(3)(d)1., F.S., published in Vol. 35, No. 10, March 13, The PURPOSE AND EFFECT shall be changed to read as: 2009 issue of the Florida Administrative Weekly. The Board proposes the rule amendment to add language The change is in response to language that had been providing the form name, number and web address for the inadvertently omitted from the Rule Notice. The change is as application required for sitting for the Florida Dental Hygiene follows: examination; and to add new language to clarify requirements 64B5-16.006 (3)(k) shall read as: for sitting for the Florida Dental Hygiene examination as (k) Insert and/or perform minor adjustments to sports recommended by the Council on Dental Hygiene. mouth guards and custom fluoride trays. 64B5-2.0144(1) shall read as: THE PERSON TO BE CONTACTED REGARDING THE (1) Submit at least 60 days prior to the examination: PROPOSED RULE IS: Sue Foster, Executive Director, Board (a) A completed application, Form DH-MQA 1182 of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, (Revised 9/11/08), and incorporated herein by reference is Florida 32399-3258 available at on the appropriate form set forth in Rule 64B5-1.021, F.A.C. Form DH-MQA 1182 (Revised 9/11/08) DEPARTMENT OF HEALTH can be obtained at the Board of Dentistry website at Board of Dentistry http://www.doh.state.fl.us/mqa/dentistry/; RULE NO.: RULE TITLE: 64B5-2.0144(10)(a) shall read as: 64B5-16.007 Levels of Supervision for Dental (10)(a) Applicants applying for licensure under Section Hygienists 466.007(2)(b)2., F.S., whose applications do not indicate they NOTICE OF CHANGE have obtained Dental Hygiene clinical education to the level of Notice is hereby given that the following changes have been the clinical experience required by an American Dental made to the proposed rule in accordance with subparagraph Association (ADA) accredited Dental Hygiene program in the 120.54(3)(d)1., F.S., published in Vol. 35, No. 10, March 13, areas set forth in paragraph (10)(11)(b) below, who have failed 2009 issue of the Florida Administrative Weekly. each initial examination, shall be required to obtain remedial The change is in response to language that had been coursework in those designated areas that applicant has not inadvertently omitted from the Rule Notice. The change is as successfully completed that would meet the ADA clinical follows:

Section III - Notices of Changes, Corrections and Withdrawals 2597 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

64B5-16.007 (3)(b) shall read as “. . . .film and sensors; (2) All applications for examination shall be made on the and form titled “Application for Optometry Examination” number 64B5-16.007 (3) reference to (c) will be deleted. DH-MQA 1128, Revised 2/09 DPR-OPA-0001 effective THE PERSON TO BE CONTACTED REGARDING THE 4/8/92, which is hereby incorporated by reference and can be PROPOSED RULE IS: Sue Foster, Executive Director, Board obtained from the board office or from the Board of of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Optometry’s website at http://www.doh.state.fl.us/mqa/ Florida 32399-3258 optometry/index.html. All applications for examination shall include the application fee as specified in subsection DEPARTMENT OF HEALTH 64B13-6.001(9), F.A.C., the examination fee as specified in Board of Medicine subsection 64B13-6.001(1), F.A.C., and the initial licensure fee RULE NO.: RULE TITLE: as specified in subsection 64B13-6.001(2) or (3), F.A.C. No 64B8-30.008 Formulary application shall be deemed complete which does not set forth NOTICE OF CORRECTION all the information required by said forms and which fails to include all fees as set forth in this rule. Applications for The above-referenced rule notice was published in Vol. 35, No. licensure must be received by the Department at least 60 days 17, of the April 17, 2009, Florida Administrative Weekly. prior to the examination. Although the rule notice stated that a Statement of Estimated Regulatory Costs (SERC) had been prepared and was THE PERSON TO BE CONTACTED REGARDING THE available, the notice did not summarize the SERC. The PROPOSED RULE IS: Joe Baker, Jr., Executive Director, following is a Summary of the Statement of Estimated Board of Optometry/MQA, 4052 Bald Cypress Way, Bin Regulatory Costs: #C07, Tallahassee, Florida 32399 1. The proposed change will allow Physician Assistants DEPARTMENT OF HEALTH (PAs) to prescribe antipsychotics and parenteral preparations. 2. This rule change may affect up to 4,321 PAs and the Board of Osteopathic Medicine physicians that supervise them. RULE NO.: RULE TITLE: 3. The rule change will not require any government entity 64B15-6.0038 Formulary to incur additional costs or receive additional revenues. NOTICE OF CORRECTION 4. No transactional costs will be incurred by any person or Notice is hereby given that the following correction has been entity affected by this rule revision. made to the proposed rule in Vol. 35, No. 15, April 17, 2009 issue of the Florida Administrative Weekly. 5. This proposed rule revision will have a positive impact on physician offices because it will expand access to direct patient care. Section IV This correction does not affect the substance of the rule as it Emergency Rules appeared in the Florida Administrative Weekly as outlined above. BOARD OF TRUSTEES OF THE INTERNAL THE PERSON TO BE CONTACTED REGARDING THIS IMPROVEMENT TRUST FUND RULE IS: Larry McPherson, Jr., Executive Director, Board of Notices for the Board of Trustees of the Internal Improvement Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Trust Fund between December 28, 2001 and June 30, 2006, go Florida 32399-3253 to http://www.dep.state.fl.us/ under the link or button titled “Official Notices.” DEPARTMENT OF HEALTH Board of Optometry DEPARTMENT OF THE LOTTERY RULE NO.: RULE TITLE: RULE NO.: RULE TITLE: 64B13-4.004 Manner of Application 53ER09-21 Firecracker MILLIONAIRE NOTICE OF CHANGE RAFFLE™ Notice is hereby given that the following changes have been SUMMARY: This emergency rule describes the on-line game made to the proposed rule in accordance with subparagraph “Firecracker MILLIONAIRE RAFFLE,” for which the 120.54(3)(d)1., F.S., published in Vol. 35, No. 19, May 15, Department of the Lottery will sell tickets beginning May 15, 2009 issue of the Florida Administrative Weekly. 2009. The change corrects the revision date for the incorporated form THE PERSON TO BE CONTACTED REGARDING THE and adds “mqa” to the web address that from which the new EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, form can be obtained. Department of the Lottery, Capitol Complex, Tallahassee, Subsection (2) of the said rule shall read as follows: Florida 32399-4011

2598 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

THE FULL TEXT OF THE EMERGENCY RULE IS: drawing (December 31, 2009) and, if the prize is not paid at that time, by submitting the winning ticket for payment at a 53ER09-21 Firecracker MILLIONAIRE RAFFLE™. Florida Lottery office, as required by the Lottery’s rule (1) How to Play Firecracker MILLIONAIRE RAFFLE. governing payment of prizes. Winning Firecracker (a) Firecracker MILLIONAIRE RAFFLE is an on-line MILLIONAIRE RAFFLE tickets of $500 can be claimed at a number match game. Lottery Retailer. Winning tickets of $5,000 and $50,000 must (b) Each Firecracker MILLIONAIRE RAFFLE ticket be presented to a Florida Lottery office for payment. Tickets costs $20. winning $1 million must be submitted for payment at Lottery (c) Firecracker MILLIONAIRE RAFFLE tickets will go Headquarters. Failure of a prizewinner to claim a Firecracker on sale Friday, May 15, 2009. Sales of Firecracker MILLIONAIRE RAFFLE prize by submitting the winning MILLIONAIRE RAFFLE tickets will cease immediately after ticket for validation and payment in accordance with the the 750,000th ticket is sold or at midnight on July 3, 2009, Lottery’s rule governing payment of prizes shall result in whichever occurs first. forfeiture of the prize. Information about procedures for filing (d) Each Firecracker MILLIONAIRE RAFFLE ticket will a claim can be obtained by calling (850)487-7777 [TDD contain a unique ticket number that will be entered (850)487-7784]. Firecracker MILLIONAIRE RAFFLE tickets automatically into the Firecracker MILLIONAIRE RAFFLE are the only valid receipts to redeem a prize. drawing. Firecracker MILLIONAIRE RAFFLE tickets will (b) A claim filed for a $50,000 prize shall also be a automatically print from the terminal with ticket numbers contingent claim for a $1 million prize. If a winning issued in sequential order from 1 to 750000 as they are sold Firecracker MILLIONAIRE RAFFLE ticket bearing any of around the state. Each Firecracker MILLIONAIRE RAFFLE the first seven winning numbers is not submitted for validation ticket will contain only one ticket number. Players cannot and payment in accordance with the Lottery’s rule governing select their own ticket numbers. payment of prizes, the 8th through 16th prizewinners who have (e) The overall odds of winning a prize in the Firecracker submitted their tickets for validation and payment in MILLIONAIRE RAFFLE drawing depend upon the number of accordance with the Lottery’s rule governing payment of prizes tickets sold and are 1 in 730 if all 750,000 tickets are sold. constitute contingent winners for the $1 million prize and will (f) Firecracker MILLIONAIRE RAFFLE tickets cannot be used in the order in which they were drawn to select a be cancelled. winner for the $1 million top prize. The contingent winner will (2) Firecracker MILLIONAIRE RAFFLE Drawing and be awarded the cash difference between the $50,000 prize and Prizes. the $1 million prize. (a) A random computerized drawing from among all If applicable, the Lottery will attempt to notify, for a period of Firecracker MILLIONAIRE RAFFLE ticket numbers issued two weeks, the first contingent winner drawn in the $50,000 during the sales period will be held on July 4, 2009 to select prize category. If the Lottery is unable to contact the first 1,027 numbers. Prizes will be awarded in the order drawn. The contingent winner, the Lottery will attempt to notify, for a first through seventh numbers drawn will each win $1 million period of two weeks, the second contingent winner drawn. This cash. The 8th through 16th numbers drawn will each win process will continue until a contingent winner is contacted or $50,000 cash, less applicable tax withholding, and will be the Lottery has exhausted the list of available contingent alternates in the order drawn for a $1 million prize in the event winners, in which case the $1 million prize will not be a top prize is not claimed within the 180-day claim period. The awarded. 17th through 27th numbers drawn will each win $5,000 and the (c) Payment of all federal, state and/or local taxes will be 28th through 1,027th numbers drawn will each win $500 cash. the responsibility of the winner. Federal withholding taxes will (b) The Firecracker MILLIONAIRE RAFFLE drawing be deducted from all cash payments. will be held on July 4, 2009 and shall be public and witnessed (4) Instant Cruise Prizes. by an accountant employed by an independent certified public (a) From May 15 through June 3, 2009, a total of sixty accounting firm, as required by Section 24.105(10), F.S. (60) 3-night cruises for two valued at $933 each will be given (c) The results of the drawing will be revealed on July 4, away randomly. The cruise prize will also include $1,000 in 2009 and will be available after the drawing on the Lottery’s spending money and a Travelocity Roaming Gnome figure website at www.flalottery.com, by phone at 1(850)487-7777, valued at $24.99. If a Firecracker MILLIONAIRE RAFFLE or at a lottery retailer. ticket is an instant cruise winner, the terminal will play a cruise (3) How to Claim a Firecracker MILLIONAIRE RAFFLE ship horn and a Prize Coupon will automatically print after Prize. issuance of the Firecracker MILLIONAIRE RAFFLE ticket. (a) Firecracker MILLIONAIRE RAFFLE prizes must be Firecracker MILLIONAIRE RAFFLE tickets winning a cruise claimed by submitting the winning ticket for validation at a will contain a Lottery Prize Alert symbol and a message that Lottery office or retailer within 180 days from the date of the the ticket holder is an instant winner. The odds of winning an

Section IV - Emergency Rules 2599 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 instant prize will depend upon the number of Firecracker (8) All Firecracker MILLIONAIRE RAFFLE prizes are MILLIONAIRE RAFFLE tickets sold. Should any issues arise subject to the provisions of Chapter 24, F.S., and rules concerning the transaction and/or prize, it is the player’s promulgated thereunder. Prizes will be paid in accordance with responsibility to seek resolution of these issues with the retailer the rules of the Florida Lottery governing payment of prizes. A and the Lottery prior to leaving the retail location. copy of the current rule can be obtained from the Florida (b) Instant cruise prize winners must file a claim for their Lottery, Office of the General Counsel, 250 Marriott Drive, Prize Coupons at a Lottery office by September 2, 2009. Tallahassee, Florida 32399-4011. Winners of the instant cruise prizes will be required to execute Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented a Florida Lottery Release and Authorization Form DOL-474. 24.105(9), 24.115(1) FS. History–New 5-13-09. Form DOL-474, Eff. 10/08, is hereby incorporated by reference and may be obtained at any Lottery office or retailer, THIS RULE TAKES EFFECT UPON BEING FILED WITH from the Florida Lottery’s website at www.flalottery.com, or THE DEPARTMENT OF STATE UNLESS A LATER TIME by writing the Florida Lottery, Public Information, 250 AND DATE IS SPECIFIED IN THE RULE. Marriott Drive, Tallahassee, Florida 32399-4016. Instant cruise EFFECTIVE DATE: May 13, 2009 winners will receive a certificate from Travelocity for a 3-night cruise for two embarking from a Florida port. The winner will DEPARTMENT OF THE LOTTERY be responsible for the cost of transportation to and from the RULE NO.: RULE TITLE: cruise port, as well as additional services requested such as 53ER09-22 Firecracker MILLIONAIRE upgrades, air-transfer, tour packages, purchases and RAFFLE™ Retailer Incentive cancellation or change of reservations. Rules (c) Federal, state, and/or local taxes or other fees are the SUMMARY: The Department of the Lottery will conduct a responsibility of the winner. The winner’s right to the prize “Firecracker Millionaire Raffle Retailer Incentive” program cannot be assigned to another person or entity. from May 15, 2009 through July 3, 2009, in which certain (d) Winners will be responsible for making reservations retailers will receive bonus commissions during the promotion directly with Travelocity or its designee. Embarkation can be period. scheduled beginning May 15, 2009 and requires a thirty (30) THE PERSON TO BE CONTACTED REGARDING THE calendar day advance notice. Embarkation must occur by EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, November 15, 2010. Winners who do not make reservations Department of the Lottery, 250 Marriott Drive, Tallahassee, for an available cruise as specified above will forfeit the right Florida 32399-4011 to the cruise package; however, the value of the cruise package will remain taxable income to the winner. Cruise prizes cannot THE FULL TEXT OF THE EMERGENCY RULE IS: be redeemed for cash. TM (5) Federal income taxes are required to be withheld from 53ER09-22 Firecracker MILLIONAIRE RAFFLE a prize awarded to a nonresident alien claimant at the rate of Retailer Incentive Rules. thirty percent (30%) pursuant to applicable provisions of the (1) Firecracker MILLIONAIRE RAFFLE is an on-line Internal Revenue Code. The reporting and subsequent payment number match game. Firecracker MILLIONAIRE RAFFLE of any additional federal, state and/or local taxes shall be the tickets will go on sale Friday, May 15, 2009. Sales of responsibility of the nonresident winner. Firecracker MILLIONAIRE RAFFLE tickets will cease (6) Players must be at least 18 years of age. Persons immediately after the 750,000th ticket is sold or at midnight on prohibited by Section 24.116, F.S., from purchasing a Florida July 3, 2009, whichever occurs first. Lottery ticket are not eligible to play. (2) There will be seven winners of $1 million, nine (7) If a winner of a prize valued at $600 or more is winners of $50,000, eleven winners of $5,000 and 1,000 identified as owing an outstanding debt to a state agency, child winners of $500 in the Firecracker MILLIONAIRE RAFFLE support collected through a court, or spousal support or game. The $50,000 winners will be alternates in the order alimony as provided in subsection 24.115(4), F.S., in an drawn for a $1 million prize in the event a top prize is not amount less than the cash portion of the prize, the non-cash claimed within the 180-day claim period. portion of the prize, if any, and the cash portion of the prize (3) A retailer who sells a winning $1 million Firecracker less the amount owed, shall be awarded. If the winner is MILLIONAIRE RAFFLE ticket will receive a bonus identified as owing such a debt in an amount greater than the commission of $5,000 in addition to the regular five percent cash portion of the prize, the winner’s entire cash portion of the sales commission set forth in Rule 53ER05-14, F.A.C. prize will be applied toward the outstanding debt as provided (4) Award of a bonus commission is not dependent upon in Section 24.115, F.S., and the winner will receive the the winning Firecracker MILLIONAIRE RAFFLE ticket remaining non-cash portion of the prize, if any. being claimed by the winner. Retailers who sell winning

2600 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

$50,000 Firecracker MILLIONAIRE RAFFLE tickets that (4) The bonus sales commissions will be reflected on the subsequently become alternate winners of a $1 million prize retailer’s weekly settlement report within three weeks of the will not be eligible for a bonus commission. end of the promotion. The Lottery reserves the right to apply a (5) Retailers whose Florida Lottery contracts are bonus commission earned against a retailer’s outstanding debt terminated or inactivated prior to the bonus commission award to the Lottery and to award the remaining balance of the bonus shall be paid the bonus commission provided the termination commission, if any. or inactivation was not due to non-compliance with Florida (5) Bonus sales commissions will be considered Lottery laws, rules or contract terms. compensation to the retailer for Internal Revenue Service (6) A bonus commission will be considered compensation purposes. to the retailer for Internal Revenue Service purposes. The (6) Retailers whose Florida Lottery contracts are Florida Lottery reserves the right to apply the bonus terminated or inactivated prior to the bonus commission award commission earned against a retailer’s outstanding debt to the shall be paid the bonus commission earned provided said Florida Lottery. termination or inactivation was not due to noncompliance with Rulemaking Authority 24.105(9), 24.109(1), 24.112(1) FS. Law Chapter 24, F.S., Chapter 53, F.A.C., or contract terms. Implemented 24.105(9), 24.112(1) FS. History–New 5-13-09. Rulemaking Authority 24.105(9)(i), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 5-13-09. THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME THIS RULE TAKES EFFECT UPON BEING FILED WITH AND DATE IS SPECIFIED IN THE RULE. THE DEPARTMENT OF STATE UNLESS A LATER TIME EFFECTIVE DATE: May 13, 2009 AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: May 13, 2009 DEPARTMENT OF THE LOTTERY RULE NO.: RULE TITLE: DEPARTMENT OF THE LOTTERY 53ER09-23 $200 Million Spectacular Bonus RULE NO.: RULE TITLE: Sales Commission Retailer 53ER09-24 Instant Game Number 1019, CASH Incentive FIREWORKS SUMMARY: Effective May 18, 2009 through June 7, 2009, SUMMARY: This emergency rule describes Instant Game the Florida Lottery will conduct $200 Million Spectacular Number 1019, “CASH FIREWORKS,” for which the Bonus Sales Commission Retailer Incentive. Department of the Lottery will start selling tickets on a date to THE PERSON TO BE CONTACTED REGARDING THE be determined by the Secretary of the Department. The rule EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, sets forth the specifics of the game; determination of Department of the Lottery, 250 Marriott Drive, Tallahassee, prizewinners; estimated odds of winning, value and number of Florida 32399-4011 prizes in the game. THE PERSON TO BE CONTACTED REGARDING THE THE FULL TEXT OF THE EMERGENCY RULE IS: EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, 53ER09-23 $200 Million Spectacular Bonus Sales Florida 32399-4011 Commission Retailer Incentive. (1) Beginning May 18, 2009 through June 7, 2009, the THE FULL TEXT OF THE EMERGENCY RULE IS: Florida Lottery will pay retailers a bonus sales commission of two and one-half percent (2.5%) for each $200 Million 53ER09-24 Instant Game Number 1019, CASH Spectacular book of 600 tickets sold in their store, in addition FIREWORKS. to the regular commission set forth in Rule 53ER05-14, F.A.C. (1) Name of Game. Instant Game Number 1019, “CASH (2) If a book of $200 Million Spectacular tickets is settled FIREWORKS.” during the incentive period and subsequently unsettled, the (2) Price. CASH FIREWORKS lottery tickets sell for retailer’s account will be adjusted to reverse the additional two $2.00 per ticket. and one-half percent (2.5%) sales commission. (3) CASH FIREWORKS lottery tickets shall have a series (3) If a book of $200 Million Spectacular tickets is settled of numbers in machine readable code (or bar code) on the back during the incentive period and is subsequently reported lost, of the ticket, along with a validation number under the latex stolen or damaged, the retailer’s account will be adjusted to area on the ticket. To be a valid winning CASH FIREWORKS reverse the additional two and one-half percent (2.5%) sales lottery ticket, the ticket must meet the applicable requirements commission. of Rule 53ER08-89, F.A.C.

Section IV - Emergency Rules 2601 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(4) The “YOUR NUMBERS” play symbols and play $1 + $4 $5 375.00 24,000 symbol captions are as follows: $5 $5 375.00 24,000 $1 x 10 $10 250.00 36,000 (FIREWORK) $1 x 10 $10 250.00 36,000 $2 x 5 $10 250.00 36,000 $5 x 2 $10 250.00 36,000 $10 $10 250.00 36,000 (5) The “WINNING NUMBERS” play symbols and play $2 x 10 $20 750.00 12,000 symbol captions are as follows: (FIREWORK) $2 x 10 $20 750.00 12,000 $4 x 5 $20 750.00 12,000 $10 x 2 $20 750.00 12,000 $20 $20 750.00 12,000 $4 x 10 $40 750.00 12,000 (FIREWORK) (6) The prize symbols and prize symbol captions are as $5 x 8 $40 750.00 12,000 follows: $10 x 4 $40 750.00 12,000 $20 x 2 $40 750.00 12,000 $40 $40 750.00 12,000 $10 x 10 $100 3,600.00 2,500 (FIREWORK) $10 x 10 $100 4,500.00 2,000 (7) The legends are as follows: $20 x 5 $100 4,500.00 2,000 ($10 x 2) + ($40 $100 3,600.00 2,500 x 2) $100 $100 3,600.00 2,500 $20 x 10 $200 30,000.00 300 (FIREWORK) (8) Determination of Prizewinners. $20 x 10 $200 30,000.00 300 (a) A ticket having a play symbol and corresponding play ($10 x 4) + $20 + $200 30,000.00 300 symbol caption in the “YOUR NUMBERS” play area that $40 + $100 matches a play symbol and corresponding play symbol caption $100 x 2 $200 30,000.00 300 in the “WINNING NUMBERS” play area shall entitle the $200 $200 30,000.00 300 claimant to the corresponding prize shown for that symbol. A $100 x 10 $1,000 90,000.00 100 (FIREWORK) $100 x 10 $1,000 90,000.00 100 ticket having a “ ” symbol in the “YOUR NUMBERS” ($100 x 6) + $1,000 180,000.00 50 play area shall entitle the claimant to all ten prizes shown. ($200 x 2) $200 x 5 $1,000 180,000.00 50 (b) The prizes are: $1.00, $2.00, $4.00, $5.00, $10.00, $1,000 $1,000 180,000.00 50 $20.00, $40.00, $100, $200, $1,000 and $25,000. $25,000 $25,000 562,500.00 16 (9) The estimated odds of winning, value, and number of prizes in Instant Game Number 1019 are as follows: (10) The estimated overall odds of winning some prize in Instant Game Number 1019 are 1 in 4.66. Prizes, including the NUMBER OF top prizes, are subject to availability at the time of ticket WINNERS IN purchase. Prizes may be unavailable due to prior sale or other ESTIMATED 50 POOLS OF causes occurring in the normal course of business including, ODDS OF 180,000 TICKETS but not limited to, ticket damage, defect, theft, or loss. GAME PLAY WIN 1 IN PER POOL (11) For reorders of Instant Game Number 1019, the $2 $2 10.71 840,000 estimated odds of winning, value, and number of prizes shall $1 x 4 $4 50.00 180,000 be proportionate to the number of tickets reordered. ($1 x 2) + $2 $4 75.00 120,000 (12) By purchasing a CASH FIREWORKS lottery ticket $2 x 2 $4 50.00 180,000 the player agrees to comply with and abide by all prize $4 $4 50.00 180,000 payment rules of the Florida Lottery. $1 x 5 $5 375.00 24,000 (13) Payment of prizes for CASH FIREWORKS lottery ($1 x 3) + $2 $5 375.00 24,000 tickets shall be made in accordance with rules of the Florida ($2 x 2) + $1 $5 375.00 24,000 Lottery governing payment of prizes.

2602 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of the current rule can be obtained from the Florida (5) The “TREASURE MAP” play symbols are as follows: Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011. Rulemaking Authority 24.105(9)(a), (b), (c), 24.109(1), 24.115(1) FS. Law Implemented 24.105(9)(a), (b), (c), 24.115(1) FS. History–New 5-15-09. (6) The legend is as follows: THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: May 15, 2009 (7) Determination of Prizewinners. DEPARTMENT OF THE LOTTERY The holder of a ticket whose “Treasure Map” grid reveals an unbroken, complete symbol exactly as shown in the Prize RULE NO.: RULE TITLE: Legend shall entitle the claimant to the corresponding prize 53ER09-25 Instant Game Number 1020, shown in the Prize Legend. Only the grid locations revealed TREASURE HUNTER under the “Coordinates for Treasure Map” can be used to SUMMARY: This emergency rule describes Instant Game uncover a complete symbol on the Treasure Map grid. Number 1020, “TREASURE HUNTER,” for which the (8) The estimated odds of winning, value and number of Department of the Lottery will start selling tickets on a date to prizes in Instant Game Number 1020 are as follows: be determined by the Secretary of the Department. The rule sets forth the specifics of the game; determination of prizewinners; estimated odds of winning, value, and number of NUMBER OF prizes in the game. WINNERS IN Uncover symbol in ESTIMATED 85 POOLS OF THE PERSON TO BE CONTACTED REGARDING THE treasure map grid, ODDS OF 180,000 TICKETS EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, win prize shown WIN 1 IN PER POOL Department of the Lottery, 250 Marriott Drive, Tallahassee, for that symbol Florida 32399-4011 PICK $3 10.00 1,530,000 KEY $6 12.50 1,224,000 THE FULL TEXT OF THE EMERGENCY RULE IS: PICK + KEY $9 100.00 153,000 53ER09-25 Instant Game Number 1020, TREASURE SCOPE $9 100.00 153,000 HUNTER. PICK + SCOPE $12 100.00 153,000 (1) Name of Game. Instant Game Number 1020, GOLD BAR $15 100.00 153,000 “TREASURE HUNTER.” COIN $20 100.00 153,000 (2) Price. TREASURE HUNTER lottery tickets sell for GOLD BAR + COIN $35 214.29 71,400 $3.00 per ticket. DIAMOND $50 288.00 53,125 (3) “TREASURE HUNTER” lottery tickets shall have a MAP $100 600.00 25,500 series of numbers in Machine Readable Code (or bar code) on MONEYBAG $300 15,000.00 1,020 the back of the ticket, along with a Void If Removed Number SHOVEL $2,000 36,000.00 425 under the latex area on the ticket. To be a valid winning CHEST $60,000 765,000.00 20 TREASURE HUNTER lottery ticket, the ticket must meet the applicable requirements of Rule 53ER08-89, F.A.C. (9) The estimated overall odds of winning some prize in (4) The “COORDINATES FOR TREASURE MAP” play Instant Game Number 1020 are 1 in 4.17. Prizes, including the symbols are as follows: top prizes, are subject to availability at the time of ticket purchase. Prizes may be unavailable due to prior sale or other causes occurring in the normal course of business including, but not limited to, ticket damage, defect, theft, or loss. (10) For reorders of Instant Game Number 1020, the estimated odds of winning, value, and number of prizes shall be proportionate to the number of tickets reordered. (11) By purchasing a TREASURE HUNTER lottery ticket the player agrees to comply with and abide by all prize payment rules of the Florida Lottery.

Section IV - Emergency Rules 2603 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(12) Payment of prizes for TREASURE HUNTER lottery (5) The “WINNING NUMBERS” play symbols and play tickets shall be made in accordance with rules of the Florida symbol captions are as follows: Lottery governing payment of prizes. A copy of the current rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

Rulemaking Authority 24.105(9)(a), (b), (c), 24.109(1), 24.115(1) FS. (6) The prize symbols and prize symbol captions are as Law Implemented 24.105(9)(a), (b), (c), 24.115(1) FS. History–New 5-15-09. follows:

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: May 15, 2009 (7) The legends are as follows: DEPARTMENT OF THE LOTTERY RULE NO.: RULE TITLE: 53ER09-26 Instant Game Number 1018, TRIPLE WIN SUMMARY: This emergency rule describes Instant Game (8) Determination of Prizewinners. Number 1018, “TRIPLE WIN,” for which the Department of (a) A ticket having a play symbol and corresponding play the Lottery will start selling tickets on a date to be determined symbol caption in the “YOUR NUMBERS” play area that by the Secretary of the Department. The rule sets forth the matches a play symbol and corresponding play symbol caption specifics of the game; determination of prizewinners; in the “WINNING NUMBERS” play area shall entitle the estimated odds of winning, value and number of prizes in the claimant to the corresponding prize shown for that symbol. A game. ticket having a “ ” symbol in the “YOUR NUMBERS” play THE PERSON TO BE CONTACTED REGARDING THE area shall entitle the claimant to double the prize shown for that EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, symbol. A ticket having a “ ” symbol in the “YOUR Florida 32399-4011 NUMBERS” play area shall entitle the claimant to triple the prize shown for that symbol. THE FULL TEXT OF THE EMERGENCY RULE IS: (b) The prizes are: $1.00, $2.00, $3.00, $5.00, $6.00, $10.00, $20.00, $50.00, $100, $300 and $3,000. 53ER09-26 Instant Game Number 1018, TRIPLE WIN. (9) The estimated odds of winning, value, and number of (1) Name of Game. Instant Game Number 1018, “TRIPLE prizes in Instant Game Number 1018 are as follows: WIN.” (2) Price. TRIPLE WIN lottery tickets sell for $1.00 per ticket. NUMBER OF WINNERS IN (3) TRIPLE WIN lottery tickets shall have a series of ESTIMATED 66 POOLS OF numbers in machine readable code (or bar code) on the back of ODDS OF 240,000 TICKETS the ticket, along with a validation number under the latex area GAME PLAY WIN 1 IN PER POOL on the ticket. To be a valid winning TRIPLE WIN lottery $1 $1 10.71 1,478,400 ticket, the ticket must meet the applicable requirements of Rule $1 ($$) $2 30.00 528,000 53ER08-89, F.A.C. $2 $2 30.00 528,000 (4) The “YOUR NUMBERS” play symbols and play symbol captions are as follows: $1 ($$$) $3 100.00 158,400 $1 + $2 $3 100.00 158,400 $3 $3 150.00 105,600 $1 ($$) + $2 ($$) $6 750.00 21,120 $1 ($$$) + $3 $6 750.00 21,120 ($1 x 2) + $2 $6 750.00 21,120 ($$) $2 ($$$) $6 750.00 21,120 $6 $6 750.00 21,120

2604 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

$2 x 5 $10 500.00 31,680 THIS RULE TAKES EFFECT UPON BEING FILED WITH ($2 x 2) + ($3 x $10 500.00 31,680 THE DEPARTMENT OF STATE UNLESS A LATER TIME 2) AND DATE IS SPECIFIED IN THE RULE. $1 + $3 ($$$) $10 500.00 31,680 EFFECTIVE DATE: May 15, 2009 $5 ($$) $10 500.00 31,680 $10 $10 500.00 31,680 DEPARTMENT OF THE LOTTERY $2 + $3 + ($5 x $20 1,500.00 10,560 3) RULE NO.: RULE TITLE: $2 + $6 ($$$) $20 1,500.00 10,560 53ER09-27 Instant Game Number 1021, $5 ($$) + $10 $20 1,500.00 10,560 $250,000 MUSTANG MONEY $1 + $2 ($$) + $20 1,500.00 10,560 SUMMARY: This emergency rule describes Instant Game $5 ($$$) Number 1021, “$250,000 MUSTANG MONEY,” for which $20 $20 1,500.00 10,560 the Department of the Lottery will start selling tickets on a date $5 ($$) + ($10 x $50 6,000.00 2,640 to be determined by the Secretary of the Department. The rule 4) $10 x 5 $50 6,000.00 2,640 sets forth the specifics of the game; determination of $10 ($$$) + $20 $50 6,000.00 2,640 prizewinners; estimated odds of winning, value and number of $5 ($$) + $20 $50 6,000.00 2,640 prizes in the game. ($$) THE PERSON TO BE CONTACTED REGARDING THE $50 $50 6,000.00 2,640 EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, $10 + $20 ($$) + $100 24,000.00 660 Department of the Lottery, 250 Marriott Drive, Tallahassee, $50 $20 x 5 $100 30,000.00 528 Florida 32399-4011 ($10 x 4) + $20 $100 24,000.00 660 THE FULL TEXT OF THE EMERGENCY RULE IS: ($$$) $50 ($$) $100 24,000.00 660 53ER09-27 Instant Game Number 1021, $250,000 $100 $100 30,000.00 528 MUSTANG MONEY. ($50 x 2) + $300 60,000.00 264 ($100 x 2) (1) Name of Game. Instant Game Number 1021, ($50 x 4) + $100 $300 60,000.00 264 “$250,000 MUSTANG MONEY.” $50 ($$) + $100 $300 60,000.00 264 (2) Price. $250,000 MUSTANG MONEY lottery tickets ($$) sell for $5.00 per ticket. $100 ($$$) $300 60,000.00 264 (3) $250,000 MUSTANG MONEY lottery tickets shall $300 $300 60,000.00 264 have a series of numbers in machine readable code (or bar $3,000 $3,000 120,000.00 132 code) on the back of the ticket, along with a validation number (10) The estimated overall odds of winning some prize in under the latex area on the ticket. To be a valid winning Instant Game Number 1018 are 1 in 4.81+. Prizes, including $250,000 MUSTANG MONEY lottery ticket, the ticket must the top prizes, are subject to availability at the time of ticket meet the applicable requirements of Rule 53ER08-89, F.A.C. purchase. Prizes may be unavailable due to prior sale or other (4) The “YOUR NUMBERS” play symbols and play causes occurring in the normal course of business including, symbol captions are as follows: but not limited to, ticket damage, defect, theft, or loss. (11) For reorders of Instant Game Number 1018, the estimated odds of winning, value, and number of prizes shall be proportionate to the number of tickets reordered. (12) By purchasing a TRIPLE WIN lottery ticket the player agrees to comply with and abide by all prize payment rules of the Florida Lottery. (13) Payment of prizes for TRIPLE WIN lottery tickets (5) The “MUSTANG NUMBERS” play symbols and play shall be made in accordance with rules of the Florida Lottery symbol captions are as follows: governing payment of prizes. A copy of the current rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011. Rulemaking Authority 24.105(9)(a), (b), (c), 24.109(1), 24.115(1) FS. Law Implemented 24.105(9)(a), (b), (c), 24.115(1) FS. History–New 5-15-09.

Section IV - Emergency Rules 2605 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(6) The prize symbols and prize symbol captions are as $5 x 10 $50 1,200.00 8,600 follows: ($2 x 5) + ($5 x $50 1,200.00 8,600 6) + $10 $10 x 5 $50 1,200.00 8,600 $10 + ($20 x 2) $50 1,200.00 8,600 $50 $50 1,200.00 8,600 $10 x 10 $100 1,500.00 6,880 ($5 x 4) + ($10 x $100 1,500.00 6,880 8) $20 x 5 $100 1,500.00 6,880 (7) The legends are as follows: $50 x 2 $100 1,500.00 6,880 $100 $100 1,500.00 6,880 ($10 x 8) + ($30 $200 12,000.00 860 x 4) $20 x 10 $200 12,000.00 860 (8) Determination of Prizewinners. $40 x 5 $200 12,000.00 860 (a) A ticket having a play symbol and corresponding play $100 x 2 $200 15,000.00 688 symbol caption in the “YOUR NUMBERS” play area that $200 $200 15,000.00 688 matches a play symbol and corresponding play symbol caption $50 x 10 $500 10,000.00 1,032 ($20 x 5) + ($50 in the “MUSTANG NUMBERS” play area shall entitle the $500 10,000.00 1,032 claimant to the corresponding prize shown for that symbol. A x 6) + $100 ($40 x 10) + $500 10,000.00 1,032 ticket having a “ ” symbol in the “YOUR NUMBERS” ($50 x 2) play area shall entitle the claimant to a 2010 Ford Mustang $100 x 5 $500 10,000.00 1,032 Convertible. $500 $500 12,000.00 860 $100 x 10 $1,000 60,000.00 172 (b) The prizes are: $2.00, $5.00, $10.00, $20.00, $30.00, ($50 x 4) + $1,000 60,000.00 172 $40.00, $50.00, $100, $200, $500, $1,000, $250,000 and . ($100 x 8) $200 x 5 $1,000 60,000.00 172 (9) The estimated odds of winning, value, and number of $500 x 2 $1,000 60,000.00 172 prizes in Instant Game Number 1021 are as follows: $1,000 $1,000 60,000.00 172 Mustang Mustang 1,032,000.00 10 NUMBER OF Convertible WINNERS IN $250,000 $250,000 2,064,000.00 5 ESTIMATED 86 POOLS OF (10) The estimated overall odds of winning some prize in ODDS OF 120,000 TICKETS Instant Game Number 1021 are 1 in 4.32. Prizes, including the GAME PLAY VA LUE 1 IN PER POOL top prizes, are subject to availability at the time of ticket $5 $5 10.00 1,032,000 purchase. Prizes may be unavailable due to prior sale or other $5 x 2 $10 30.00 344,000 causes occurring in the normal course of business including, $10 $10 20.00 516,000 but not limited to, ticket damage, defect, theft, or loss. $2 x 10 $20 150.00 68,800 (11) For reorders of Instant Game Number 1021, the $5 x 4 $20 150.00 68,800 estimated odds of winning, value, and number of prizes shall ($5 x 2) + $10 $20 150.00 68,800 be proportionate to the number of tickets reordered. $10 x 2 $20 150.00 68,800 (12) By purchasing a $250,000 MUSTANG MONEY $20 $20 150.00 68,800 lottery ticket the player agrees to comply with and abide by all $5 x 6 $30 1,200.00 8,600 prize payment rules of the Florida Lottery. ($5 x 4) + $10 $30 1,200.00 8,600 (13) Procedures for Claiming a Ford Mustang Prize. $10 x 3 $30 1,200.00 8,600 (a) A player who has won a Mustang shall claim his or her $10 + $20 $30 1,200.00 8,600 prize as follows. The claimant should complete the information $30 $30 1,200.00 8,600 section on the back of a winning $250,000 MUSTANG $5 x 8 $40 2,400.00 4,300 MONEY ticket. The claimant must file a claim with a Lottery ($2 x 10) + ($10 $40 2,400.00 4,300 office and complete a Winner Claim Form DOL 173-2, or x 2) Spanish Winner Claim Form DOL 173-2S, as referenced in $10 x 4 $40 2,400.00 4,300 Rule 53ER08-89, F.A.C., and a notarized Florida Lottery $20 x 2 $40 2,400.00 4,300 Release and Authorization Form DOL-474. Form DOL-474, $40 $40 2,400.00 4,300 Eff. 10/08, is hereby incorporated by reference and may be

2606 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 obtained at any Lottery office or retailer, from the Florida (17) If the winner of a Mustang vehicle is identified as Lottery’s website at www.flalottery.com, or by writing the owing an outstanding debt to a state agency or child support Florida Lottery, Public Information, 250 Marriott Drive, collected through a court, the debt will be collected in lieu of Tallahassee, Florida 32399-4016. The risk of loss or late award of the prize. If the debt of a Mustang vehicle winner is delivery of a claim submitted by mail remains with the player. an amount less than the cash option value of $38,000, the Prizes must be claimed within sixty days following the official winner shall receive the excess cash value once applicable end of game date of the $250,000 MUSTANG MONEY instant federal withholding tax has been deducted and the debt has lottery game. been satisfied. If the debt is an amount greater than $38,000, (b) Upon the Lottery’s receipt of the completed documents the entire cash value of the prize remaining after deduction of as specified in paragraph (13)(a), the Florida Lottery will applicable federal withholding tax will be applied toward the notify the fulfillment company, which will arrange for delivery outstanding debt as provided in Section 24.115, F.S. of the vehicle to the designated authorized Ford dealership (18) The Florida Lottery reserves the right to award a cash from which the winner will take possession of his or her prize of $38,000 in lieu of a vehicle if, for reasons beyond the vehicle prize. The designated dealership will be as near to the control of the Lottery, a vehicle is not available for award to a winner’s place of residence as is practicable. The winner must player electing to receive such prize. Federal income tax present proof of a valid driver’s license and proof of vehicle withholding will be deducted from a cash prize awarded under insurance as required by the laws of the state in which the this provision. Any additional federal, state and/or local taxes vehicle is delivered, which in Florida are Chapters 322 and or other fees are the responsibility of the winner. 320, F.S., respectively. If the winner is unable to provide proof (19) All prizes are subject to the provisions of Chapter 24, of a valid driver’s license, the vehicle must be removed by F.S., and rules promulgated thereunder. Prizes will be paid in trailer or similar transport equipment provided by the winner or accordance with the rules of the Florida Lottery governing driven by a person who is able to provide proof of a valid payment of prizes. driver’s license. The winner must take possession of the A copy of the current prize payment rule can be obtained from vehicle within thirty (30) days of receipt of notification that it the Florida Lottery, Office of the General Counsel, 250 is ready for pick up at the designated dealership. If the winner Marriott Drive, Tallahassee, Florida 23299-4011. fails to take possession of the vehicle within thirty (30) days of (20) Players must be at least 18 years of age. Persons pickup notification, unless prior alternate arrangements have prohibited by Section 24.116, F.S., from purchasing a Florida been made, the vehicle prize will be forfeited and no cash prize Lottery ticket are not eligible to play. will be substituted. The cost of travel to take possession of a vehicle prize shall be the responsibility of the prizewinner. Rulemaking Authority 24.105(9)(a), (b), (c), 24.109(1), 24.115(1) FS. Law Implemented 24.105(9)(a), (b), (c), 24.115(1) FS. History–New (c) The Florida Lottery provides no warranty for the 5-15-09. Mustang convertible. Any warranties and guarantees are those of the manufacturer only. THIS RULE TAKES EFFECT UPON BEING FILED WITH (14) Florida sales tax and transfer fees on the vehicles will THE DEPARTMENT OF STATE UNLESS A LATER TIME be paid by the Florida Lottery, as well as federal income tax AND DATE IS SPECIFIED IN THE RULE. withholding for the value of the prize vehicles. Any additional EFFECTIVE DATE: May 15, 2009 federal, state and/or local taxes or other fees are the responsibility of the winner. DEPARTMENT OF THE LOTTERY (15) A cash option of $38,000 is available to winners in RULE NO.: RULE TITLE: lieu of a vehicle. Federal income tax withholding will be 53ER09-28 $250,000 Mustang Money Second deducted from the cash prize. Any additional federal, state Chance Drawing and/or local taxes or other fees are the responsibility of the SUMMARY: The Department of the Lottery will conduct a winner. Mustang Money Second Chance Drawing in which special (16) A nonresident alien who is selected as a vehicle prizes will be awarded. winner will be awarded the cash value of $38,000 in lieu of the THE PERSON TO BE CONTACTED REGARDING THE vehicle. Federal income taxes will be withheld from the prize EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, amount at the rate of thirty percent (30%) pursuant to Department of the Lottery, Capitol Complex, Tallahassee, applicable provisions of the Internal Revenue Code. The Florida 32399-4011 reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the THE FULL TEXT OF THE EMERGENCY RULE IS: nonresident alien.

Section IV - Emergency Rules 2607 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

53ER09-28 $250,000 Mustang Money Second Chance • Prize Pack #3 (Estimated • Prize Pack #4 (Estimated value – Drawing. value – $369) $269) • Mustang weekender leather • Mustang wheeled cooler (1) Beginning May 19, 2009, players can enter their and cotton duffle bag • Mustang picnic coverlet non-winning $250,000 Mustang Money Scratch-Off ticket(s) • Gray Mustang fleece • Polarized sunglasses with in the Mustang Money Second Chance Drawing on the Florida sweatshirt Mustang carry case, 2 pairs Lottery web site to win authentic Ford Mustang® merchandise • Green Mustang t-shirt • Black Mustang t-shirt prize packs. • Black Mustang • Black Mustang embroidered cap embroidered cap (2) To enter a non-winning $250,000 Mustang Money ticket into the Mustang Money Second Chance Drawing, (b) There will be four (4) drawings held on each draw players must visit the Florida Lottery’s web site at date, one for each of the prize packs. In the first drawing, 150 www.flalottery.com, click on the Mustang Money Second entries will be drawn and each winner will win prize pack 1. In Chance Drawing icon and follow the directions to input their the second drawing, 150 entries will be drawn and each winner non-winning ticket number(s). The ticket number is a 24-digit will win prize pack 2. In the third drawing, 150 entries will be number printed across the bottom on the front of a $250,000 drawn and each winner will win prize pack 3 and in the fourth Mustang Money ticket. The odds of winning are dependent drawing, 150 entries will be drawn and each winner will win upon the number of entries received. Players may enter as prize pack 4. A grand total of 3,600 Ford Mustang merchandise many times as they wish during the contest period. However, prize packs will be awarded in the second chance drawings. each valid ticket number may only be used one time for entry (c) At the time of entering a non-winning $250,000 into the six (6) Mustang Money Second Chance Drawings and Mustang Money ticket on the Florida Lottery web site, players one entry into the one (1) Florida Mustang Money Home Run will be provided an option to enter the second chance drawing Getaway Second Chance Drawing. Winning $250,000 directly or play the Mustang Money Interactive game to Mustang Money tickets cannot be used for entry into a Second determine the number of the prize pack drawing in which they Chance drawing. Non-winning tickets received in the mail by will be entered in the next scheduled drawing. In the Mustang the Florida Lottery will not be entered into the drawing and Money game, players will click on mustang images until they will not be returned. collect three like-colored mustangs. The color of the mustangs (3) Computerized drawings will be held on Wednesday, will determine the number of the prize pack drawing in which June 10, July 1, July 22, August 12 and September 2, 2009, and the player will be entered. Players who opt to enter the second the second Wednesday after the last day of sales of $250,000 chance drawings directly without playing the game will be Mustang Money scratch-off game #1021. Entries received entered randomly into one of the four prize pack drawings. before 12:00 midnight ET on the night before the first drawing (4) The 600 prizewinners in each Second Chance Drawing will be included in the first drawing. Thereafter, entries will be posted on the Lottery’s web site, www.flalottery.com, received between the entry cutoff time for one drawing and after the draw. Mustang Money merchandise prize packs will 12:00 midnight ET on the night before the next subsequent be shipped to the winner’s address within approximately 15 drawing will be included in the subsequent drawing. A total of business days after the drawing. 600 entries will be drawn during each Mustang Money Second (5) All entries are subject to validation by the Florida Chance Drawing. Lottery and may be disqualified if eligibility requirements are (a) There are four (4) Ford Mustang merchandise prize not met. packs. The prize packs are as follows: (6) No cash option is available in lieu of the prizes. (7) The right to claim a prize cannot be assigned to another person or entity. • Prize Pack #1 (Estimated • Prize Pack #2 (Estimated value – value – $414) $399) (8) All federal, state and/or local taxes or other fees will be • Euro leather Mustang duffel • Deluxe computer Mustang the responsibility of the winner. bag backpack (9) All prizes are subject to the provisions of Chapter 24, • Polarized sunglasses with • Polarized sunglasses with F.S., and rules promulgated thereunder. Mustang carry case, 2 pairs Mustang carrying case, 2 pairs • Red Mustang t-shirt • Gold Mustang t-shirt (10) Players must be at least 18 years of age. Persons • Black Mustang • Black Mustang embroidered cap prohibited by Section 24.116, F.S., from purchasing a Florida embroidered cap • Black leather Mustang key chain Lottery ticket are not eligible to play. (11) By entering the Mustang Money Second Chance Drawing, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to its fulfillment company for prize fulfillment purposes.

2608 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

(12) By entering the Mustang Money Second Chance the number of entries received. Players may enter as many Drawing, a player gives his or her permission for the Florida times as they wish during the contest period. However, each Lottery to photograph, and/or videotape and record the valid ticket number may only be used one time for one entry prizewinner with or without prior notification and to use the into the Florida Mustang Money Home Run Getaway Second name, photograph, videotape, and/or recording of the Chance Drawing and one time for entry into the six (6) prizewinner for advertising or publicity purposes without Mustang Money Second Chance Drawings. Winning $250,000 additional compensation. Mustang Money tickets cannot be used for entry into a Second (13) The Mustang Money second chance drawings shall be Chance drawing. Non-winning tickets received in the mail by public, held in Tallahassee, Florida, and witnessed by an the Florida Lottery will not be entered into the drawing and accountant employed by an independent certified public will not be returned. accounting firm. The results of each drawing will be available (3) A computerized drawing will be held on Friday, June after the drawing on the Florida Lottery’s Website at 12, 2009, during which a total of fifty (50) entries will be flalottery.com, by phone at (850)487-7777, and at Lottery drawn. The first ten (10) entries drawn will each win an retailers. Ultimate Florida Baseball Weekend trip for two (2) consisting of a weekend getaway to St. Petersburg, Florida, valued at Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 5-15-09. $1,050, and will become the finalists in a contest to determine the winner of the 2010 Ford Mustang convertible. The eleventh THIS RULE TAKES EFFECT UPON BEING FILED WITH (11) through the fiftieth (50) entries drawn will receive a $100 THE DEPARTMENT OF STATE UNLESS A LATER TIME Florida Lottery gas card. AND DATE IS SPECIFIED IN THE RULE. (4) The 50 prizewinners in the Florida Mustang Home Run EFFECTIVE DATE: May 15, 2009 Getaway Second Chance Drawing will be posted on www.flalottery.com following the drawing. The Florida DEPARTMENT OF THE LOTTERY Lottery will notify the first ten (10) winners by e-mail, RULE NO.: RULE TITLE: telephone and/or mail using contact information submitted on 53ER09-29 Florida Mustang Home Run Getaway the player registration. If the Lottery is unable to contact to any Second Chance Drawing. of the ten (10) winners, or the winner does not respond to the SUMMARY: The Department of the Lottery will conduct a Lottery on or before June 17, 2009, the winner will forfeit his Mustang Money Second Chance Drawing in which special or her right to claim the prize and the prize will not be prizes will be awarded. awarded. The top ten (10) winners must submit their valid THE PERSON TO BE CONTACTED REGARDING THE entry tickets along with completed Winner Claim Forms and EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, required identification to the Lottery no later than June 22, Department of the Lottery, Capitol Complex, Tallahassee, 2009. Florida 32399-4011 (5) Winners of gas cards will have 180 days from the draw date to claim their prizes by submitting the valid entry tickets THE FULL TEXT OF THE EMERGENCY RULE IS: to the Florida Lottery. The Florida Lottery will attempt to notify prizewinners using contact information submitted on the 53ER09-29 Florida Mustang Home Run Getaway Second player registration; however, the responsibility of claiming a Chance Drawing. prize remains with the player. The $100 gas cards will be (1) Beginning Tuesday, May 19, 2009, players can enter shipped to each winner’s address within approximately 15 their non-winning $250,000 Mustang Money ticket(s) in the business days after the valid entry ticket has been received by Florida Mustang Home Run Getaway Second Chance Drawing the Lottery. Unclaimed prizes, if any, will be used for future on the Florida Lottery web site for a chance to win a 2010 Ford Florida Lottery promotional prizes. Mustang® convertible. (6) Winners of the Ultimate Florida Baseball Weekend (2) To enter a non-winning $250,000 Mustang Money shall receive: two (2)night double occupancy hotel ticket into the Florida Mustang Home Run Getaway Second accommodations (one room and tax only) in St. Petersburg, Chance Drawing, players must visit the web site Florida; two (2) suite tickets to the Marlins vs. Rays game on www.flalottery.com or the FOX Sports & Sun Sports Florida Friday, June 26, 2009; $400 in spending money; transportation web site at www.foxsportstv.com, click on the Florida Mustang for two to and from Bill Currie Ford dealership in Tampa, Money Home Run Getaway Second Chance Drawing icon and Florida and the hotel on Saturday, June 27, 2009, where the follow the directions to input their non-winning ticket winners will participate in a chance to win a 2010 Ford number(s). The ticket number is a 24-digit number printed Mustang convertible. Hotel accommodations do not include across the bottom on the front of a $250,000 Mustang Money incidentals, tips, telephone calls, or any other personal Scratch-Off ticket. The odds of winning are dependent upon

Section IV - Emergency Rules 2609 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 expenses. Prize packages do not include meals or also complete a Winner Claim Form DOL 173-2, or Spanish transportation to or from the hotel, except for the trip to and Winner Claim Form DOL 173-2S, as referenced in Rule from Bill Currie Ford dealership mentioned above. 53ER08-89, F.A.C., and a notarized Florida Lottery Release (7) Final Scratch-Off Drawing Event. and Authorization Form DOL-474. Form DOL-474, Eff. (a) On Saturday, June 27, 2009, at the Bill Currie Ford 10/08, is hereby incorporated by reference and may be Dealership, the top ten (10) grand prize winners will draw a obtained at any Lottery office or retailer, from the Florida ticket from a rotating barrel with the numbers one (1) through Lottery’s website at www.flalottery.com, or by writing the ten (10) to determine the order in which they will scratch off Florida Lottery, Public Information, 250 Marriott Drive, play symbols to reveal prizes on an oversized $250,000 Tallahassee, Florida 32399-4016. Mustang Money ticket. If there are fewer than ten (10) finalists (b) Upon the Lottery’s receipt of the Mustang winner’s due to forfeiture of a prize(s), the number of prizes awarded executed Florida Lottery Release and Authorization Form, the will be equal to the number of finalists. Florida Lottery will notify the fulfillment company, which will (b) The Final Scratch-Off Drawing contest prizes are as arrange for delivery of the vehicle to the designated authorized follows: Ford dealership from which the winner will take possession of • 2010 Ford Mustang Convertible plus two (2) premium seat his or her vehicle prize. The designated dealership will be as tickets for the Grand Prize winner to the Marlins vs. Rays near to the winner’s place of residence as is practicable. The baseball game on Saturday, June 27, 2009. winner must present proof of a valid driver’s license and proof • $500 in cash plus two (2) tickets to the Marlins vs. Rays of vehicle insurance as required by the laws of the state in game on Saturday 6/27/09. which the vehicle is delivered, which in Florida are Chapters • $450 in cash plus two (2) tickets to the Marlins vs. Rays 322 and 320, F.S., respectively. If the winner is unable to game on Saturday 6/27/09. provide proof of a valid driver’s license, the vehicle must be • $400 in cash plus two (2) tickets to the Marlins vs. Rays removed by trailer or similar transport equipment provided by game on Saturday 6/27/09. the winner or driven by a person who is able to provide proof • $350 in cash plus two (2) tickets to the Marlins vs. Rays of a valid driver’s license. The winner must take possession of game on Saturday 6/27/09. the vehicle within thirty (30) days of receipt of notification that • $300 in cash plus two (2) tickets to the Marlins vs. Rays it is ready for pick up at the designated dealership. If the game on Saturday 6/27/09. winner fails to take possession of the vehicle within thirty (30) • $250 in cash plus two (2) tickets to the Marlins vs. Rays days of pickup notification, unless prior alternate arrangements game on Saturday 6/27/09. have been made, the vehicle prize will be forfeited and no cash • $200 in cash plus two (2) tickets to the Marlins vs. Rays prize will be substituted. The cost of travel to take possession game on Saturday 6/27/09. of a vehicle prize shall be the responsibility of the prizewinner. • $150 in cash plus two (2) tickets to the Marlins vs. Rays (c) The Florida Lottery provides no warranty for the game on Saturday 6/27/09. Mustang convertible. Any warranties and guarantees are those • $100 in cash plus two (2) tickets to the Marlins vs. Rays of the manufacturer only. game on Saturday 6/27/09. (9) Applicable withholding tax on the value of the (c) If a grand prize winner who timely claims his or her Mustang prize will be paid by the Florida Lottery regardless of prize is unable to attend the event at which the final prizes are the winner’s citizenship or alien residency status. The reporting awarded, the winner may designate a proxy, who will be and subsequent payment of any additional federal, state and/or subject to the approval of the Lottery, to act on his or her behalf local taxes shall be the responsibility of the winner. at the event. Alternatively, the winner may request the Lottery (10) Except as set forth in subsection (9), all federal, state to designate a proxy and, upon receipt of a written request and and/or local taxes or other fees will be the responsibility of the a release from the winner, the Lottery will appoint a proxy to winner. Federal income taxes are required to be withheld from act on behalf of the winner at the event. In addition, if a winner a prize awarded to a nonresident alien claimant at the rate of unexpectedly fails to appear at the event without notification to thirty percent (30%) pursuant to applicable provisions of the the Lottery, the Lottery will appoint a proxy to act on behalf of Internal Revenue Code. A nonresident claimant who is selected the winner at the event. The Lottery will notify the winner of as a winner of a prize other than a Mustang will be required to the prize won by the proxy on the winner’s behalf and provide pay the withholding tax or forfeit the prize. The reporting and instructions for claiming the prize. subsequent payment of any additional federal, state and/or (8) Procedures for Claiming a Ford Mustang Prize. local taxes shall be the responsibility of the nonresident (a) To claim a Ford Mustang, the player must submit to the winner. Lottery the original valid non-winning ticket bearing the entry (11) The Florida Lottery reserves the right to award a cash number selected in the drawing. Without such ticket, the player prize of $38,000 in lieu of a vehicle if, for reasons beyond the will forfeit his or her right to claim the prize. The player must control of the Lottery, a vehicle is not available for award to a

2610 Section IV - Emergency Rules Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 player electing to receive such prize. Federal income tax Statutes (2008). The Agency for Workforce Innovation is withholding will be deducted from a cash prize awarded under charged with administering the school readiness program and this provision. Any additional federal, state and/or local taxes has previously adopted eligibility criteria for students and their or other fees are the responsibility of the winner. families. (12) All entries are subject to validation by the Florida At this time, eligibility to receive school readiness program Lottery and may be disqualified if eligibility requirements are services is generally restricted through rule to children whose not met. parents are employed or enrolled in classes; who are at risk of (13) No cash option is available in lieu of the prizes. abuse or neglect, welfare dependency, or school failure; who (14) The right to claim a prize cannot be assigned to have a documented special need; or whose parents are another person or entity. migratory agricultural workers. Children of unemployment (15) All prizes are subject to the provisions of Chapter 24, compensation recipients are ineligible to receive assistance. F.S., and rules promulgated thereunder. The rate of unemployment in the State of Florida has risen (16) Players must be at least 18 years of age. Persons dramatically since January 2007. Between January and May prohibited by Section 24.116, F.S., from purchasing a Florida 2007, 245,653 individuals filed claims for unemployment Lottery ticket are not eligible to play. benefits. During the same period in 2008, 346,202 individuals (17) By entering the Florida Mustang Home Run Getaway filed claims, representing an increase of 41%. Accordingly, Second Chance Drawing, a player gives his or her permission hundreds of thousands of individuals are unable to access for the Florida Lottery to photograph, and/or videotape and school readiness services. record the prizewinner with or without prior notification and to To address the current economic crisis, the federal government use the name, photograph, videotape, and/or recording of the passed the American Recovery and Reinvestment Act (the Act) prizewinner for advertising or publicity purposes without and provided additional funding for the school readiness additional compensation. The player also gives his or her program which must be expended in accordance with the permission for the Florida Lottery to provide the player’s purposes described in the Act. Two of the enumerated purposes address and telephone number to its fulfillment company for are “to preserve and create jobs and promote economic prize fulfillment purposes. recovery” and “to assist those most impacted by the recession.” (18) The Florida Mustang Home Run Getaway Second The Act also clearly indicates that recipients of the funding Chance computerized drawing shall be public, held in must commence “expenditures and activities as quickly as Tallahassee, Florida, and witnessed by an accountant employed possible.” Furthermore, each provision for the expenditure of by an independent certified public accounting firm. The results funds was designated by the United States Congress “as an of each drawing will be available after the drawing on the emergency requirement and necessary to meet emergency Florida Lottery’s Website at flalottery.com, by phone at needs.” Recent guidance from the United States Department of (850)487-7777, and at Lottery retailers. Health and Human Services, Administration for Children and Families, confirmed that the Agency has the authority under Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented federal law to offer school readiness services to the children of 24.105(9), 24.115(1) FS. History–New 5-15-09. families receiving Unemployment Compensation benefits. THIS RULE TAKES EFFECT UPON BEING FILED WITH In order to ensure that parents have the ability to proactively THE DEPARTMENT OF STATE UNLESS A LATER TIME seek employment opportunities and to reduce reliance on AND DATE IS SPECIFIED IN THE RULE. unemployment compensation benefits in Florida, the Agency EFFECTIVE DATE: May 15, 2009 seeks to immediately expand the current eligibility categories to include families receiving unemployment compensation DEPARTMENT OF MANAGEMENT SERVICES benefits. Access to school readiness program services would allow Agency for Workforce Innovation parents to enroll children in safe and healthy learning RULE NO.: RULE TITLE: environments while they seek employment opportunities 60BBER09-2 Eligibility for Children in Families thereby assisting families dramatically impacted by the current Receiving Unemployment recession. In order to facilitate a reduction of reliance on Compensation unemployment compensation benefits and to promote SPECIFIC REASONS FOR FINDING AN IMMEDIATE economic recovery the Agency seeks to ensure that Florida is DANGER TO THE PUBLIC HEALTH, SAFETY OR cultivating a generation of children who are ready to learn and WELFARE: The school readiness program was established in eventually become productive members of society. Finally, the Florida to provide child care and educational services to directive of the federal government mandates that funds be children of low income families in order to “increase children’s expended a quickly as possible. chances of achieving future educational success and becoming productive members of society.” Section 411.01(2)(a), Florida

Section IV - Emergency Rules 2611 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Accordingly, it is necessary that this emergency rule be 1. In order to maintain eligibility beyond an initial thirty implemented immediately, without the delay attendant with the (30) day period, the child’s parent or guardian must submit regular rulemaking process. The Agency will immediately proof of receipt of UC benefits within the previous thirty (30) begin the regular rulemaking process for adopting this rule days. A copy of the parent’s or guardian’s bank statement, or a under Chapter 60BB-4, F.A.C. warrant or check demonstrating receipt of UC benefits REASON FOR CONCLUDING THAT THE PROCEDURE constitutes proof of receipt of benefits. IS FAIR UNDER THE CIRCUMSTANCES: The eligibility 2. Alternatively, a child’s parent or guardian may submit determination process provides the most efficient means of proof that he or she has submitted written notice of an appeal providing school readiness program services to individuals related to UC benefits pursuant to Rule 60BB-5.003, F.A.C. entitled to them under the emergency rule. All procedural After submission of proof of written notice of an appeal, the remedies available to recipients of school readiness program child shall maintain eligibility for an additional thirty (30) days services will be available to recipients of benefits under the beyond the initial period of eligibility. To maintain eligibility emergency rule under state and federal law. Thus, recipients of beyond the additional thirty (30) days, the child’s parent or school readiness services under this category of eligibility will guardian must submit proof of receipt of benefits, proof of a receive all the due process protections that other recipients pending appeal, or proof of a determination in the parent’s receive. favor within the additional thirty (30) day period. SUMMARY: All procedural remedies available to recipients of 3. If a parent or guardian fails to submit proof of UC school readiness program services will be available to benefits or written notice of an appeal, the coalition shall recipients of benefits under the emergency rule under state and terminate the child’s eligibility under this eligibility category. federal law. Thus, recipients of school readiness services under (b) A parent or guardian must notify the coalition, or its this category of eligibility will receive all the due process designee, of any change in employment, income, family size, protections that other recipients receive. or UC benefit status within ten (10) calendar days. THE PERSON TO BE CONTACTED REGARDING THE (5) Records Confidentiality. If applicable, the coalition EMERGENCY RULE IS: Kristin R. Harden, Assistant shall comply with the confidentiality provisions of 20 CFR General Counsel, Agency for Workforce Innovation, Caldwell Part 603, sections 443.1715 and 443.171, F.S., and other Building MSC 110, 107 S. Madison Street, Tallahassee, sections of state and federal law which are related to UC Florida 32399-4120 records received pursuant to this rule. THE FULL TEXT OF THE EMERGENCY RULE IS: Rulemaking Authority 411.01(4)(e), 443.1317(1)(b) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 5-15-09. 60BBER09-2 Eligibility for Children in Families Receiving Unemployment Compensation. THIS RULE TAKES EFFECT UPON BEING FILED WITH (1) School readiness services provided under this section THE DEPARTMENT OF STATE UNLESS A LATER TIME shall be funded using American Recovery and Reinvestment AND DATE IS SPECIFIED IN THE RULE. Act (ARRA) funds received by early learning coalitions. EFFECTIVE DATE: May 15, 2009 (2) Initial eligibility. Families currently receiving Florida unemployment compensation (UC) benefits shall be DEPARTMENT OF ENVIRONMENTAL PROTECTION determined eligible for an initial period of thirty (30) days Notices for the Department of Environmental Protection under this eligibility category if family income, as defined in between December 28, 2001 and June 30, 2006, go to rule, is at or below 150 percent of the federal poverty level. A http://www.dep.state.fl.us/ under the link or button titled child shall be eligible for a maximum of six cumulative months “Official Notices.” of services under this eligibility category. If a child is eligible to receive school readiness services under any other eligibility Section V category, the coalition shall offer the child services under the alternative eligibility category. Petitions and Dispositions Regarding Rule (3) Determining eligibility. To determine a child’s Variance or Waiver eligibility to receive services under this eligibility category, the child’s parent must present a copy of his or her notice of DEPARTMENT OF LAW ENFORCEMENT monetary eligibility issued by the Agency for Workforce NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the Innovation in accordance with subsection 60BB-3.016(3), Criminal Justice Standards and Training Commission has F.A.C., and a current bank statement, warrant, or check issued an order. demonstrating receipt of UC benefits. (4) Maintaining eligibility. (a) Proof of benefits.

2612 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Brian Gordon and the Riviera Beach Police Department was received by Commission staff on March 16, 2009. Notice requested a waiver of paragraph 11B-27.002(3)(a), Florida of the petition was published in Vol. 35, No. 12, Florida Administrative Code, which requires which requires a criminal Administrative Weekly, on March 27, 2009. Director Wall justice agency to send in completed information regarding petitioned for a waiver of that portion of paragraph officers to the Commission staff within the timeframe set by 11B-21.005(8)(a), Florida Administrative Code, that requires rule. Mr. Gordon’s training information had not been updated certified criminal justice training schools to maintain a in ATMS for some time. Upon discovery of the oversight, the full-time director employed on a 12-month calendar. Director agency was informed to submit a copy of Mr. Gordon’s Wall's training school has been reduced to an eleven-month background investigation with the other paperwork. The academic and pay calendar as a result of budget cuts for agency discovered that a copy of Mr. Gordon’s background workforce education funding through the parent organization, investigation was no longer available. Commission staff the Sarasota County Technical Institute. The Commission received the petition on April 9, 2009. Notice of the receipt of granted the waiver at its regularly scheduled and noticed May the petition was published in the Florida Administrative 14, 2009, meeting which was held in Tampa, Florida. Weekly Vol. 35, No. 16, April 24, 2009. The Commission A copy of the Order may be obtained by contacting: Grace A. voted to grant the requested rule waiver at its regularly Jaye, Assistant General Counsel, Florida Department of Law scheduled and noticed meeting held May 14, 2009, in Tampa, Enforcement, P. O. Box 1489, Tallahassee, FL 32302, Florida. (850)410-7676. A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law BOARD OF TRUSTEES OF THE INTERNAL Enforcement, P. O. Box 1489, Tallahassee, FL 32302, IMPROVEMENT TRUST FUND (850)410-7676. Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the to http://www.dep.state.fl.us/ under the link or button titled Criminal Justice Standards and Training Commission has “Official Notices.” issued an order. Kathy Merus petitioned the Criminal Justice Standards and Training Commission for a waiver of paragraph WATER MANAGEMENT DISTRICTS 11B-35.0024(2)(a), Florida Administrative Code, which NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the permits basic recruit training students in criminal justice South Florida Water Management District (District or programs to retake either one cognitive or one skills test during SFWMD) has issued an order. their basic recruit training. Ms. Merus was permitted to retake SFWMD Order No. 2009-120-DAO-ROW was issued to both a cognitive and a skills examination by her training Steven V. Batic (Application No. 09-0220-2). The petition for school. This was not discovered by the school until after Ms. waiver was received by the SFWMD on March 25, 2009. Merus had passed the State Officer Certification Examination Notice of receipt of the petition requesting the waiver was and had become employed as a law enforcement officer. published in the Florida Administrative Weekly, Vol. 35, No. Commission staff received the petition on March 25, 2009. 14, on April 10, 2009. No public comment was received. This Notice of the receipt of the petition was published in the Order provides a waiver of the District’s criteria for the Florida Administrative Weekly Vol. 35, No. 14, on April 10, proposed placement of 13 palm trees within the north right of 2009. The Commission voted to grant the petition at its way of the C-13 Canal located at the rear of 9830 N. W. 31st regularly scheduled and noticed meeting held May 14, 2009, in Place (Lot 411, Welleby Unit Eight); Section 19, Township 49 Tampa, Florida. South, Range 41 East, Broward County. Specifically, the Order A copy of the Order may be obtained by contacting: Grace A. grants a waiver from subsections 40E-6.011(4) and (6), F.A.C., Jaye, Assistant General Counsel, Florida Department of Law and the Basis of Review for Use or Occupancy of the Works or Enforcement, P. O. Box 1489, Tallahassee, FL 32302, Lands of the District, incorporated by reference in subsection (850)410-7676. 40E-6.091(1), F.A.C., which governs the placement of permanent and/or semi-permanent above-ground facilities NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the within 40 feet of the top of the canal bank within Works or Criminal Justice Standards and Training Commission has Lands of the District. Generally, the Order sets forth the basis issued an order. of the Governing Board decision to grant the waiver, as William Wall, Director of the Sarasota Criminal Justice follows: 1) the facilities will not significantly interfere with the Academy, petitioned the Criminal Justice Standards and District’s current ability to perform necessary construction, Training Commission for a waiver of paragraph alteration, operation, and routine maintenance activities; and 2) 11B-21.005(8)(a), Florida Administrative Code. The petition

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 2613 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 the Order granting a waiver from the subject rule would vehicle be a vehicle that is otherwise movable. They are prevent Steven V. Batic from a violation of the principles of requesting to mount the mobile food dispensing vehicle on fairness. casters rather than an axle. A copy of the Order may be obtained by contacting: Kathie Notice of this petition was filed and published in Vol. 35, No. Ruff, South Florida Water Management District, 3301 Gun 13 on April 3, 2009 of the Florida Administrative Weekly. The Club Road, MSC 1410, West Palm Beach, FL 33406-4680, variance was approved on April 14, 2009, contingent upon the (561)682-6320 or by email: [email protected]. Petitioner maintaining the casters in good repair. No additional equipment is to be installed. The unit must report to its NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the commissary each day of operation for support services. The South Florida Water Management District (District or operation of this unit is restricted to the Adventure Landing SFWMD) has issued an order. Theme Park. Any violation of the variance is the equivalent of SFWMD Order No. 2009-121-DAO-ROW was issued to the a violation of the Rule and may result in a rescission of the Town of Davie (Application No. 08-1229-5). The petition for variance and subject the Petitioner to disciplinary sanctions as waiver was received by the SFWMD on March 6, 2009. Notice enumerated in Section 509.261, Florida Statutes. of receipt of the petition requesting the waiver was published A copy of the Order may be obtained by contacting: in the Florida Administrative Weekly, Vol. 35, No. 12, on [email protected], Division of Hotels and March 27, 2009. No public comment was received. This Order Restaurants, 1940 North Monroe Street, Tallahassee, Florida provides a waiver of the District’s criteria for the addition of 32399-1011. three (3) equestrian bridges, handrails, bollards, and signs all within the C-11 south right of way adjacent to 66th way, 70th NOTICE IS HEREBY GIVEN THAT on April 14, 2009, the Terrace and 73rd Terrace; Section 27, Township 50 South, Florida Department of Business and Professional Regulation, Range 41 East, Broward County. Specifically, the Order grants Division of Hotels and Restaurants has issued an order. a waiver from subsections 40E-6.011(4) and (6), F.A.C., and NOTICE IS HEREBY GIVEN that on March 23, 2009, the the Basis of Review for Use or Occupancy of the Works or Florida Department of Business and Professional Regulation, Lands of the District, incorporated by reference in subsection Division of Hotels and Restaurants received a Petition for an 40E-6.091(1), F.A.C., which governs the placement of EMERGENCY Variance for Paragraph 4-301.12(A), and permanent and/or semi-permanent above-ground facilities Section 5-203.13, 2001 FDA Food Codes; subsections within 40 feet of the top of the canal bank within Works or 61C-1.004(1) and 61C-4.010(5), F.A.C., from Adventure Lands of the District. Generally, the Order sets forth the basis Landing Melt Away Bay located in Jacksonville. The above of the Governing Board decision to grant the waiver, as referenced F.A.C. addresses the requirement for the follows: 1) the facilities will not significantly interfere with the establishment to provide a three-compartment sink and mop District’s current ability to perform necessary construction, sink at the establishment. They are requesting to share a alteration, operation, and routine maintenance activities; and 2) three-compartment sink and mop sink with another the Order granting a waiver from the subject rule would establishment located within the same theme prevent the Town of Davie from a suffering a substantial park/entertainment complex under the same ownership. hardship. Notice of this petition was filed and published in Vol. 35, No. A copy of the Order may be obtained by contacting: Kathie 14 on April 10, 2009 of the Florida Administrative Weekly. Ruff, South Florida Water Management District, 3301 Gun The variance was approved on April 14, 2009, contingent upon Club Road, MSC 1410, West Palm Beach, FL 33406-4680, the Petitioner ensuring the three-compartment sink and mop (561)682-6320 or by email: [email protected]. sink located within Adventure Landing Main Amusement are maintained in a clean and sanitary manner and are provided DEPARTMENT OF BUSINESS AND PROFESSIONAL with hot and cold running water under pressure and available REGULATION during all hours of operation. If the hours of operation or ownership of Adventure Landing Main Amusement change, an NOTICE IS HEREBY GIVEN THAT on April 14, 2009, the updated signed agreement for use of the three-compartment Florida Department of Business and Professional Regulation, sink and mop sink is required immediately. Any violation of Division of Hotels and Restaurants has issued an order. the variance is the equivalent of a violation of the Rule and The department received a petition on March 23, 2009, for an may result in a rescission of the variance and subject the EMERGENCY Variance for subparagraph 61C-1.002(5)(a)2., Petitioner to disciplinary sanctions as enumerated in Section Florida Administrative Code, from Adventure Landing Dippin 509.261, Florida Statutes. Dots located in Jacksonville. The above referenced F.A.C. addresses the requirement that a mobile food dispensing

2614 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of the Order may be obtained by contacting: Notice of this petition was filed and published in Vol. 35, No. [email protected], Division of Hotels and 13 on April 3, 2009 of the Florida Administrative Weekly. The Restaurants, 1940 North Monroe Street, Tallahassee, Florida variance was approved on April 15, 2009, contingent upon the 32399-1011. Petitioner ensuring the bathrooms used by employees located within the shared storage and bathroom building and public NOTICE IS HEREBY GIVEN THAT on May 18, 2009, the bathrooms located within 300 feet used by customers are Florida Department of Business and Professional Regulation, maintained in a clean and sanitary manner and are provided Division of Hotels and Restaurants, received a petition for an with cold running water under pressure in the public bathroom Emergency Variance request from subsection 61C-4.010(5), and both hot and cold running water under pressure in the F.A.C. Paragraph 4-301.12(A), 2001 FDA Food Code from employee bathroom, soap, approved hand drying devices, and The Beer Garden located in Jacksonville. The above referenced available during all hours of operation. The Petitioner shall F.A.C. addresses the requirement that each establishment also ensure directional signage is installed within or outside the provide facilities to properly wash, rinse, and sanitize establishment clearly stating the location of the customer equipment and utensils. Specifically, the Petitioner requests to bathrooms. If the sharing agreement for the bathroom and share the three-compartment sink located within a nearby storage building changes, an updated signed agreement for use licensed establishment under the same ownership and within of the employee bathroom facilities is required. Any violation the same flea market. of the variance is the equivalent of a violation of the Rule and A copy of the Petition for Variance or Waiver may be obtained may result in a rescission of the variance and subject the by contacting: [email protected], Division of Petitioner to disciplinary sanctions as enumerated in Section Hotels and Restaurants, 1940 North Monroe Street, 509.261, Florida Statutes. Tallahassee, FL 32399-1011. A copy of the Order may be obtained by contacting: [email protected], Division of Hotels and NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the Restaurants, 1940 North Monroe Street, Tallahassee, Florida the Florida Department of Business and Professional 32399-1011. Regulation, Division of Hotels and Restaurants, received a petition for an Emergency Variance for Subparagraph NOTICE IS HEREBY GIVEN THAT on May 15, 2009, the 3-305.11(A)(2), 2001 FDA Food Code, Paragraph 3-305.14, Florida Department of Business and Professional Regulation, 2001 FDA Food Code, Paragraph 6-202.15, 2001 FDA Food Division of Hotels and Restaurants, received a petition for an Code, Paragraph 6-202.16, 2001 FDA Food Code, subsections Emergency Variance for subsections 61C-4.010(6) and 61C-4.010(1) and 61C-4.010(6), F.A.C., from Betancur 61C-4.010(7), F.A.C., from Panchitos Inn located in Tampa. Catering located in Orlando. The above referenced F.A.C. The above referenced F.A.C. addresses the requirement that an addresses the requirement for proper handling and dispensing accessible bathroom be provided for use by customers. They of food. They are requesting to dispense bulk potentially are requesting to share a bathroom within an adjacent business hazardous foods other than frankfurters from an open air located in the same strip mall. mobile food dispensing vehicle. A copy of the Petition for Variance or Waiver may be obtained A copy of the Petition for Variance or Waiver may be obtained by contacting: [email protected], Division of by contacting: [email protected], Division of Hotels and Restaurants, 1940 North Monroe Street, Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011. Tallahassee, Florida 32399-1011. NOTICE IS HEREBY GIVEN THAT on April 15, 2009, the NOTICE IS HEREBY GIVEN THAT on April 15, 2009, the Florida Department of Business and Professional Regulation, Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order. Division of Hotels and Restaurants has issued an order. The department received on March 16, 2009, a Petition for an The department received an Emergency Variance Request on EMERGENCY Variance for subsections 61C-4.010(6) and March 30, 2009, from Section 509.221(1)(b), Florida Statutes, 61C-4.010(7), F.A.C., and Section 6-402.11, 2001 FDA Food paragraph 61C-1.004(2)(a), subsections 61C-4.010(7) and Code from Pannina Pizza Bakery located in Hollywood. The 61C-4.010(6), F.A.C., and Section 6-402.11, 2001 FDA Food above referenced F.A.C. addresses the requirement that toilet Code for the Gourmet Hut located in St. Augustine. The above rooms shall be conveniently located and accessible to referenced F.A.C. addresses the requirement for establishments customers during all hours of operation. They were requesting to provide an accessible bathroom for customers and a variance to share an adjacent establishment’s bathroom employees. They were requesting to utilize public bathrooms facilities for the public. located within 300 feet for customers and sharing separate employee bathroom facilities with adjacent businesses.

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 2615 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Notice of this petition was filed and published in Vol. 35, No. are requesting to dispense bulk potentially hazardous foods 13 on April, 3, 2009 of the Florida Administrative Weekly. The other than frankfurters from an open air mobile food variance was approved on April 15, 2009, contingent upon the dispensing vehicle. Petitioner ensuring the bathrooms used by employees located A copy of the Petition for Variance or Waiver may be obtained within the shared storage and bathroom building and public by contacting: [email protected], Division of bathrooms located within 300 feet used by customers are Hotels and Restaurants, 1940 North Monroe Street, maintained in a clean and sanitary manner and are provided Tallahassee, Florida 32399-1011. with cold running water under pressure in the public bathroom and both hot and cold running water under pressure in the DEPARTMENT OF ENVIRONMENTAL PROTECTION employee bathroom, soap, approved hand drying devices, and available during all hours of operation. The Petitioner shall Notices for the Department of Environmental Protection also ensure directional signage is installed within or outside the between December 28, 2001 and June 30, 2006, go to establishment clearly stating the location of the customer http://www.dep.state.fl.us/ under the link or button titled bathrooms. If the sharing agreement for the bathroom and “Official Notices.” storage building changes, an updated signed agreement for use of the employee bathroom facilities is required. Any violation NOTICE IS HEREBY GIVEN THAT on May 1, 2009, the of the variance is the equivalent of a violation of the rule and Department of Environmental Protection, received a petition may result in a rescission of the variance and subject the for a petition for a variance from the requirement that a Petitioner to disciplinary sanctions as enumerated in Section construction permit be obtained and construction commenced 509.261, Florida Statutes. within two years of the issuance of a Conceptual A copy of the Order may be obtained by contacting: Environmental Resource Permit. The petition requested a [email protected], Division of Hotels and variance from Rule 62-343.100, Florida Administrative Code Restaurants, 1940 North Monroe Street, Tallahassee, Florida (F.A.C.) pursuant to Section 120.542, Florida Statutes (F.S.). 32399-1011. The petition has been assigned File No.: 53-02040522-005, OGC File # 09-0895. NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the A copy of the Petition for Variance or Waiver may be obtained Department of Business and Professional Regulation, Division by contacting: Department of Environmental Protection, of Hotels and Restaurants, received a petition for an Environmental Resource Management, Southwest District Emergency Variance for Subparagraph 3-305.11(A)(2), 2001 Office, 13051 North Telecom Parkway, Temple Terrace, FL FDA Food Code, Paragraph 3-305.14, 2001 FDA Food Code, 33637-0926, Attn.: Allyson Minick, (813)632-7600, ext. 430. Paragraph 6-202.15, 2001 FDA Food Code, Paragraph Written comments must be received no later than 14 days from 6-202.16, 2001 FDA Food Code, subsections 61C-4.010(1) the date of publication of this notice. and 61C-4.010(6), F.A.C., from Las Brasas located in Orlando. The above referenced F.A.C. addresses the requirement for NOTICE IS HEREBY GIVEN THAT on October 20, 2008, the proper handling and dispensing of food. They are requesting to Department of Environmental Protection, Bureau of Beaches dispense bulk potentially hazardous foods other than and Coastal Systems, received a petition for variance or waiver frankfurters from an open air mobile food dispensing vehicle. from Donald R. Combs, pursuant to Section 120.542, Florida A copy of the Petition for Variance or Waiver may be obtained Statutes, and Chapter 28-104, F.A.C. The petition requests a by contacting: [email protected], Division of permanent waiver or variance from subsections Hotels and Restaurants, 1940 North Monroe Street, 62B-33.002(18), (43), and (63) and subparagraphs Tallahassee, Florida 32399-1011. 62B-33.0051(1)(a)1., 2., and 3., F.A.C., which provide the conditions where coastal armoring may be authorized. The NOTICE IS HEREBY GIVEN THAT on May 15, 2009, the petition has been assigned File number SJ-1034 AR V and Department of Business and Professional Regulation, Division OGC No. 08-2790. The property is located at 3870 Coastal of Hotels and Restaurants, received a petition for an Highway, Vilano Beach, St. Augustine, Florida 32084. Emergency Variance for Subparagraph 3-305.11(A)(2), 2001 A copy of the Petition for Variance or Waiver may be obtained FDA Food Code, Paragraph 3-305.14, 2001 FDA Food Code, by contacting: Rosaline Beckham at (850)488-7815 or by Paragraph 6-202.15, 2001 FDA Food Code, Paragraph e-mail: [email protected]. Any comments 6-202.16, 2001 FDA Food Code, subsections 61C-4.010(1) should be filed in writing at Department of Environmental and 61C-4.010(6), F.A.C., from Ofelia Food Service located in Protection, 3900 Commonwealth Blvd., MS 300, Tallahassee, Ft. Myers. The above referenced F.A.C. addresses the Florida 32399-3000, and should be submitted within 14 days requirement for proper handling and dispensing of food. They of the date of this publication.

2616 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF HEALTH Section VI NOTICE IS HEREBY GIVEN THAT on May 14, 2009, the Notices of Meetings, Workshops and Public Board of Pharmacy, received a petition for Todd Zisek, R.Ph., Hearings on behalf of Omnicare of Tampa. Petitioner is seeking a variance or waiver of subsection 64B16-27.1001(3), F.A.C., DEPARTMENT OF STATE which requires that only a pharmacist may make the final check of the completed prescription thereby assuming the The Department of State, Division of Cultural Affairs and complete responsibility for its preparation and accuracy. the Florida Arts Council announces a telephone conference call A copy of the Petition for Variance or Waiver may be obtained to which all persons are invited. by contacting: Rebecca Poston, Executive Director, Board of DATE AND TIME: Thursday, June 4, 2009, 9:00 a.m. – Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, conclusion Florida 32399-3254, (850)245-4292. Comments on this PLACE: R. A. Gray Building, 500 South Bronough Street, petition should be filed with the Board of Pharmacy within 14 Room 307, Tallahassee, Florida days of publication of this notice. GENERAL SUBJECT MATTER TO BE CONSIDERED: To discuss, review and take action on funding recommendations NOTICE IS HEREBY GIVEN THAT on May 6, 2009, the for grants and any other business which may appropriately Department of Health, received an amended petition for come before the Council. Variance from ONCORE TECHNOLOGY, LLC. The original Note: If a quorum of members does not attend, items on the Petition for Variance published on May 1, 2009, in Vol. 35, No. agenda for formal action will be discussed as a workshop by 17, Florida Administrative Weekly, sought a variance from the those present, and written minutes will be taken although no requirements of paragraph 64E-16.007(4)(g), F.A.C., which formal action will be taken. If you have questions or if you requires processing the test load containing the test organism, would like call-in instructions, please call (850)245-6490. Bacillus subtilis, without the agent used to kill the test A copy of the agenda may be obtained by contacting: Rachelle organisms. In the amended petition, the Petitioner also seeks a Ashmore at (850)245-6490 or by email: [email protected]. variance from the requirements of subparagraph fl.us. 64E-16.007(4)(c)2., F.A.C., which prescribes a minimum Log Pursuant to the provisions of the Americans with Disabilities 6 kill against Bacillus stearothermophilus spores utilizing Act, any person requiring special accommodations to steam or a minimum Log 6 kill against Bacillus subtilis spores participate in this workshop/meeting is asked to advise the utilizing dry heat, chemicals, or microwave shredding. agency at least 48 hours before the workshop/meeting by Comments Variance from ONCORE TECHNOLOGY, LLC. contacting: Morgan Lewis at (850)245-6356 or by email: The original Petition for Variance published on May 1, 2009, in [email protected]. If you are hearing or speech Vol. 35, No. 17, Florida Administrative Weekly, sought a impaired, please contact the agency using the Florida Relay variance from the requirements of paragraph Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 64E-16.007(4)(g), F.A.C., which requires processing the test For more information, you may contact: Rachelle Ashmore at load containing the test organism, Bacillus subtilis, without the [email protected]. agent used to kill the test organisms. In the amended petition, the Petitioner also seeks a variance from the requirements of DEPARTMENT OF LEGAL AFFAIRS subparagraph 64E-16.007(4)(c)2., F.A.C., which prescribes a minimum Log 6 kill against Bacillus stearothermophilus The Department of Legal Affairs, Council on the Social spores utilizing steam or a minimum Log 6 kill against Bacillus Status of Black Men and Boys announces the following subtilis spores utilizing dry heat, chemicals, or microwave telephone conference meetings which all persons are invited to shredding.on this Petition should be filed with: Agency Clerk, attend. Department of Health, Office of the General Counsel, 4052 Committee on Improving Criminal Justice and Gangs Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703, DATE AND TIME: June 8, 2009, 2:00 p.m. – 4:00 p.m. within 14 days of publication of this notice. PLACE: Toll Free Dial in Number: 1(888)808-6959, A copy of the Petition for Variance or Waiver may be obtained Conference Code: 8733623109 by contacting: Gina Vallone-Hood, Bureau of Community Legislative Review Committee Environmental Health, 4052 Bald Cypress Way, Bin A08, DATE AND TIME: June 9, 2009, 1:00 p.m. – 2:00 p.m. Tallahassee, Florida 32399-1710, (850)245-4277, extension PLACE: Toll Free Dial in Number: 1(888)808-6959, 4273. Conference Code: 8733623109

Section VI - Notices of Meetings, Workshops and Public Hearings 2617 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Committee on Improving Foster Care and Family Issues A copy of the agenda may be obtained by contacting: Mr. DATE AND TIME: June 10, 2009, 2:00 p.m. – 3:00 p.m. Weldon Collier, Florida Department of Agriculture and PLACE: Toll Free Dial in Number: 1(888)808-6959, Consumer Services, 3125 Conner Boulevard, Building 7, Conference Code: 8733623109 Tallahassee, Florida 32399-1650, (850)414-1555. Committee on Improving Health Status DATE AND TIME: June 11, 2009, 9:00 a.m. – 11:00 a.m. The Florida Department of Agriculture and Consumer PLACE: Toll Free Dial in Number: 1(888)808-6959, Services, Division of Food Safety announces a public meeting Conference Code: 8733623109 to which all persons are invited. Committee on Improving Economic Outcomes DATE AND TIME: June 18, 2009, 10:00 a.m. DATE AND TIME: June 11, 2009, 2:00 p.m. – 3:00 p.m. PLACE: Florida Department of Agriculture and Consumer PLACE: Toll Free Dial in Number: 1(888)808-6959, Services, Conner Complex, George Eyster Auditorium, 3125 Conference Code: 8733623109 Conner Boulevard, Tallahassee, Florida Committee on Improving Educational Outcomes GENERAL SUBJECT MATTER TO BE CONSIDERED: Informational and general business meeting of the Florida DATE AND TIME: June 12, 2009, 11:15 a.m. – 12:15 p.m. Food Safety and Food Defense Advisory Council. PLACE: Toll Free Dial in Number: 1(888)808-6959, A copy of the agenda may be obtained by contacting: Carol Conference Code: 8733623109 Windham, Division of Food Safety at (850)245-5582 Council on the Social Status of Black Men and Boys Pursuant to the provisions of the Americans with Disabilities DATE AND TIME: June 15, 2009, 2:00 p.m. – 4:00 p.m. Act, any person requiring special accommodations to PLACE: Toll Free Dial in Number: 1(888)808-6959, participate in this workshop/meeting is asked to advise the Conference Code: 8733623109 agency at least 1 day before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: The contacting: Carol Windham, Division of Food Safety at Council shall make a systematic study of the conditions (850)245-5582. If you are hearing or speech impaired, please affecting black men and boys, including, but not limited to, contact the agency using the Florida Relay Service, homicide rates, arrest and incarceration rate, poverty, violence, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). drug abuse, death rates, disparate annual income levels, school performance in all grade levels including postsecondary levels, DEPARTMENT OF EDUCATION and health issues. A copy of the meeting agenda may be obtained by visiting The Education Practices Commission announces a hearing to http://www.cssbmb.com. which all persons are invited. Pursuant to the Americans with Disabilities Act, any person DATE AND TIMES: June 11, 2009, An Administrator Hearing requiring special accommodations to participate in this Panel, 9:00 a.m. or as soon thereafter as can be heard; A meeting is asked to advise the Bureau at least 48 hours prior to Teacher Hearing Panel, 10:00 a.m. or as soon thereafter as can the meeting by contacting: Bureau of Criminal Justice be heard Programs at (850)414-3300. If you are hearing or speech PLACE: Senate Office Building (Room 401), 404 South impaired, please contact the agency using the Florida Relay Monroe Street, Tallahassee, Florida 32399, (850)245-0455 Service 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: The For more information, contact: Bureau of Criminal Justice Hearing Panel of the Education Practices Commission will Programs at (850)414-3300. consider final agency action in matters dealing with the disciplining of certified educators. DEPARTMENT OF AGRICULTURE AND CONSUMER A copy of the agenda may be obtained by contacting: SERVICES Education Practices Commission, 325 W. Gaines Street, 224 Turlington Building, Tallahassee, Florida 32399-0400. The Seed Investigation and Conciliation Council announces Pursuant to the provisions of the Americans with Disabilities a public meeting to which all persons are invited. Act, any person requiring special accommodations to DATES AND TIME: June 17-18, 2009, 8:30 a.m. – 5:00 p.m. participate in this workshop/meeting is asked to advise the PLACE: University of Florida IFAS North Florida, Research agency at least 5 days before the workshop/meeting by and Education Center (NFREC), 155 Research Road, Quincy, contacting: Kathleen M. Richards at (850)245-0455. If you are Florida 32351-5677, (850)875-7100 hearing or speech impaired, please contact the agency using the GENERAL SUBJECT MATTER TO BE CONSIDERED: Florida Relay Service, 1(800)955-8771 (TDD) or Seed Complaint Hearings. 1(800)955-8770 (Voice).

2618 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

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: Corina Mavrodin at (561)297-0541. If you are hearing, he/she will need to ensure that a verbatim record of hearing or speech impaired, please contact the agency using the the proceeding is made, which record includes the testimony Florida Relay Service, 1(800)955-8771 (TDD) or and evidence from which the appeal is to be issued. 1(800)955-8770 (Voice). For more information, you may contact: Janice Harris or If any person decides to appeal any decision made by the Kathleen M. Richards at (850)245-0455. Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of The Education Practices Commission announces a hearing to the proceeding is made, which record includes the testimony which all persons are invited. and evidence from which the appeal is to be issued. DATE AND TIMES: June 12, 2009, A Teacher Hearing Panel, 9:00 a.m. or as soon thereafter as can be heard; A Teacher DEPARTMENT OF COMMUNITY AFFAIRS Hearing Panel, 1:00 p.m. or as soon thereafter as can be heard The Florida Building Commission announces a public PLACE: Senate Office Building (Room 401), 404 South meeting to which all persons are invited. Monroe Street, Tallahassee, Florida 32399, (850)245-0455 DATES AND TIME: June 8-9, 2009, 9:00 a.m. – completion GENERAL SUBJECT MATTER TO BE CONSIDERED: The PLACE: Embassy Suites Hotel, 3705 Spectrum Boulevard, Hearing Panel of the Education Practices Commission will Tampa, Florida 33612, (813)977-7066 consider final agency action in matters dealing with the GENERAL SUBJECT MATTER TO BE CONSIDERED: disciplining of certified educators. June 8, 2009 A copy of the agenda may be obtained by contacting: 9:00 a.m.Meeting of the Product Approval Program Education Practices Commission, 325 W. Gaines Street, 224 Oversight Committee. Turlington Building, Tallahassee, Florida 32399-0400. 9:00 a.m. Meeting of the Accessibility Advisory Council to Pursuant to the provisions of the Americans with Disabilities consider the following applications for waiver from Act, any person requiring special accommodations to the accessibility code requirements: Muvico participate in this workshop/meeting is asked to advise the Theaters Cocowalk, 3015 Grand Avenue, Coconut agency at least 5 days before the workshop/meeting by Creek; United Way of Big Bend, 307 East 7th contacting: Kathleen M. Richards at (850)245-0455. If you are Avenue, Tallahassee; The Palms Hotel and Spa, hearing or speech impaired, please contact the agency using the 3025 Collins Avenue, Miami Beach; Fire Rescue Florida Relay Service, 1(800)955-8771 (TDD) or Station #64, SE Corner of N. W. 154th Street and 1(800)955-8770 (Voice). N. W. 77th Court, Miami Lakes; New Emerald If any person decides to appeal any decision made by the Coast Middle School, US Highway 98, Point Board with respect to any matter considered at this meeting or Washington, Walton County; The Urbana Retail hearing, he/she will need to ensure that a verbatim record of Tenant Building, 311 Third Street North, the proceeding is made, which record includes the testimony Jacksonville Beach; Winter Haven Fire Safety and evidence from which the appeal is to be issued. Complex, 1985 N. E. 2nd Street, Deerfield; and For more information, you may contact: Janice Harris or Dick Brown Park, 900 22nd Avenue North, Lake Kathleen M. Richards at (850)245-0455. Worth. 11:00 a.m. Meeting of the Swimming Pool Subcommittee to The Florida Atlantic University announces a public meeting the Plumbing TAC. to which all persons are invited. 1:00 p.m. Meeting of the Swimming Pool Subgroup to the DATE AND TIME: June 5, 2009, 10:00 a.m. Energy Code Workgroup. PLACE: Florida Atlantic University, 777 Glades Road, Bldg. 3:00 p.m. Meeting of the Commission Process Review Ad 69, Room 118, Boca Raton, FL 33431 Hoc Committee. GENERAL SUBJECT MATTER TO BE CONSIDERED: To June 9, 2009 hold a Proposal Review Meeting regarding Florida’s Art in 9:00 a.m. Meeting of the Plenary Session of the Florida State Building Program for BT-616 College of Engineering and Building Commission. Computer Science project. Commissioner Self Introductions. A copy of the agenda may be obtained by contacting: Corina Review and approval of the Agenda. Mavrodin at [email protected]. Review and approval of the April 20, 2009 and Pursuant to the provisions of the Americans with Disabilities April 27, 2009 Teleconference Meeting Reports Act, any person requiring special accommodations to and April 7, 2009 Meeting Minutes and participate in this workshop/meeting is asked to advise the Facilitator’s Report.

Section VI - Notices of Meetings, Workshops and Public Hearings 2619 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Chair’s Discussion of Issues and Report; Swimming Pool Subcommittee to the Recommendations. Plumbing TAC Report; and Swimming Pool Update of the Commission Workplan. Subgroup to the Energy Code Workgroup Report. Consider requests for waiver of accessibility code Legislative Report requirements: Muvico Theaters Cocowalk, 3015 Consider Broward County BORA Memo Grand Avenue, Coconut Creek; United Way of Big Regarding AC Equipment Wind Resistance Bend, 307 East 7th Avenue, Tallahassee; The Palms Rule Adoption Hearing on Rule 9B-70.002, F.A.C., Hotel and Spa, 3025 Collins Avenue, Miami Beach; Education Fire Rescue Station #64, S. E. Corner of N. W. Rule Adoption Hearing on Rule 9B-3.047, F.A.C., 154th Street and N. W. 77th Court, Miami Lakes; Florida Building Code/2008 NEC, Interior New Emerald Coast Middle School, US Highway Designers and Conflicts with Law. 98, Point Washington, Walton County; The Urbana Rule Adoption Hearing on Rule 9B-13.0071, Retail Tenant Building, 311 Third Street North, F.A.C., Cost Effectiveness of Amendments to Jacksonville Beach; Winter Haven Fire Safety Energy Code Complex, 1985 N. E. 2nd Street, Deerfield; and Rule Development Workshop on Rule 9B-72.090, Dick Brown Park, 900 22nd Avenue North, Lake F.A.C., Product Approval, Fees. Worth. Commission Member Comments and Issues Consider Applications for Product and Entity General Public Comment Approval. Review Committee Assignments and Issues for the Consider Applications for Accreditor and Course August 10, 11, and 12, 2009 Commission Meeting. Approval. Summary Review of Meeting Work Products Consider Legal Issues and Petitions for Declaratory Adjourn. Statement. Second Hearing: Declaratory Statements: DCA08-DEC-207 by Anthony Apfelbeck, Fire First Hearing: Marshal/Building Official, City of Altamonte DCA09-DEC-069 by Michael Huddy of Barrier Springs Technology Corporation DCA09-DEC-009 by Thomas H. Ford of Bhamani, DCA09-DEC-115 by Mary Mead Ford DCA09-DEC-119 by Emil Veksenfeld DCA09-DEC-025 by Brad Wetherholtz, Florida DCA09-DEC-121 by Robert Dunn of Collier Roofing and Sheet Metal Association County Building Department DCA09-DEC-045 by Brad Wetherholtz, Florida DCA09-DEC-129 by Rodger England of Bermuda Roofing and Sheet Metal Association Roof Co., Inc. DCA09-DEC-053 by James R. Schock, City of DCA09-DEC-130 by James Schock, P.E., of Jacksonville Building Inspection Division of the City of DCA09-DEC-062 by Dan Arlington, St. Johns Jacksonville County DCA09-DEC-138 by Nick D’Andrea, City of June 9, 2009 Tampa 1:00 p.m.Meeting of the Florida Accessibility Code DCA09-DEC-139 by David G. Karins, P.E., of Workgroup. Karins Engineering Group Inc. A copy of the agenda may be obtained by contacting: Ms. Section 553.73(10)(d), F.S., Review of FBC/FFPC Betty Stevens, Building Codes and Standards Office, Division Local Interpretation Conflict – Requested by Bill R. of Housing and Community Development, Department of Moore of Waldrop Group Regarding Bonita Community Affairs, 2555 Shumard Oak Boulevard, Springs Project SFM Case No: 10416309-FM Tallahassee, Florida 32399-2100, (850)487-1824, Fax Consider Committee Reports and (850)414-8436, or web site: www.floridabuilding.org. Recommendations: Code Administration TAC Pursuant to the provisions of the Americans with Disabilities Report; Commission Process Review Ad Hoc Act, any person requiring special accommodations to Report; Education POC Report; Fire TAC Report; participate in this workshop/meeting is asked to advise the Flood Resistant Standards Workgroup Report; agency at least 10 days before the workshop/meeting by Florida Energy Code Workgroup Report; Plumbing contacting: Ms. Barbara Bryant, Building Codes and Standards TAC Report; Product Approval/Manufactured Office, Division of Housing and Community Development, Buildings POC Report; Soffit Systems Workgroup Department of Community Affairs, 2555 Shumard Oak

2620 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Boulevard, Tallahassee, Florida 32399-2100, (850)487-1824, STATE BOARD OF ADMINISTRATION Fax: (850)414-8436. If you are hearing or speech impaired, The State Board of Administration announces a public please contact the agency using the Florida Relay Service, meeting to which all persons are invited. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). DATE AND TIME: Tuesday, June 9, 2009, 9:00 a.m. – until If any person decides to appeal any decision made by the conclusion Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of PLACE: Cabinet Meeting Room, Lower Level, The Capitol, the proceeding is made, which record includes the testimony Monroe Street and Apalachee Parkway, Tallahassee, Florida and evidence from which the appeal is to be issued. GENERAL SUBJECT MATTER TO BE CONSIDERED: The For more information, you may contact: Ms. Betty Stevens, Trustees of the State Board of Administration, on June 9, 2009, Building Codes and Standards Office, Division of Housing and will consider a proposed new rule and will be asked for Community Development, Department of Community Affairs, permission to file for notice: Rule 19-7.002, F.A.C., 2555 Shumard Oak Boulevard, Tallahassee, Florida Investment Policy Guidelines, adopting the most recently 32399-2100, (850)487-1824, Fax: (850)414-8436 or web site: approved (effective July 1, 2008) guidelines for the Local www.floridabuilding.org. Government Investment Pool (Non-Qualified). A rule development workshop was offered on May 11, 2009, but it was not requested and so a workshop was not held. DEPARTMENT OF LAW ENFORCEMENT A copy of the agenda may be obtained by contacting: Diane The Violent Crime and Drug Control Council’s Bruce, State Board of Administration, 1801 Hermitage Blvd., Victim/Witness Protection (VWP) Review Committee Suite 100, Tallahassee, Florida 32308, (850)413-1253. announces a telephone conference call to which all persons are Pursuant to the provisions of the Americans with Disabilities invited. Act, any person requiring special accommodations to DATE AND TIME: Tuesday, June 9, 2009, 2:00 p.m. (EST) participate in this workshop/meeting is asked to advise the PLACE: Florida Department of Law Enforcement agency at least 5 days before the workshop/meeting by Headquarters, 2331 Phillips Road, Tallahassee, FL 32308 contacting: Tina Joanos, Agency Clerk, Office of the General GENERAL SUBJECT MATTER TO BE CONSIDERED: The Counsel, State Board of Administration, 1801 Hermitage Violent Crime and Drug Control Council’s Victim/Witness Blvd., Tallahassee, FL 32308, (850)413-1197, tina.joanos@ Protection (VWP) Review Committee will hold a “CLOSED” sbafla.com. If you are hearing or speech impaired, please conference call meeting of its members to discuss pending contact the agency using the Florida Relay Service, VWP funding requests. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). A copy of the agenda may be obtained by contacting: If any person decides to appeal any decision made by the Government Analyst Joyce Gainous-Harris, Florida Board with respect to any matter considered at this meeting or Department of Law Enforcement, Investigations and Forensic hearing, he/she will need to ensure that a verbatim record of Science Program, Office of Field Services, Post Office Box the proceeding is made, which record includes the testimony 1489, Tallahassee, FL 32302, (850)410-7096. 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: Ruth A. Smith, Act, any person requiring special accommodations to Assistant General Counsel, State Board of Administration, participate in this workshop/meeting is asked to advise the 1801 Hermitage Blvd., Suite 100, Tallahassee, Florida 32308, agency at least 5 days before the workshop/meeting by (850)413-1182 or [email protected]. contacting: (850)410-7096. If you are hearing or speech impaired, please contact the agency using the Florida Relay PUBLIC SERVICE COMMISSION Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Public Service Commission announces its regularly scheduled conference to which all interested persons BOARD OF TRUSTEES OF THE INTERNAL are invited. IMPROVEMENT TRUST FUND DATE AND TIME: June 15, 2009, 9:30 a.m. Notices for the Board of Trustees of the Internal Improvement PLACE: Betty Easley Conference Center, Joseph P. Cresse Trust Fund between December 28, 2001 and June 30, 2006, go Hearing Room 148, 4075 Esplanade Way, Tallahassee, Florida to http://www.dep.state.fl.us/ under the link or button titled GENERAL SUBJECT MATTER TO BE CONSIDERED: To “Official Notices.” consider those matters ready for decision. LEGAL AUTHORITY AND JURISDICTION: Chapters 120, 350, 364, 366 and 367, F.S.

Section VI - Notices of Meetings, Workshops and Public Hearings 2621 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Persons who may be affected by Commission action on certain *In the event of a change or cancellation, notice will be items on the conference agenda may be allowed to address the published at the earliest practicable time on the Commission’s Commission, either informally or by oral argument, when website at http://www.psc.state.fl.us/agendas/internalaffairs/. those items are taken up for discussion at the conference, pursuant to Rules 25-22.0021 and 25-22.0022, F.A.C. The Florida Public Service Commission announces a public A copy of the agenda may be obtained by any person who customer meeting to which all persons are invited. requests a copy and pays the reasonable cost of the copy DATE AND TIME: Wednesday, June 17, 2009, 6:00 p.m. ($1.00, see Copying Charges for Commission Records), by PLACE: Haselton Village Club House, 14 Coral Street, Eustis, contacting: Office of Commission Clerk at (850)413-6770 or Florida 32726 writing: Commission Clerk, Florida Public Service GENERAL SUBJECT MATTER TO BE CONSIDERED: Commission, 2540 Shumard Oak Boulevard, Tallahassee, DOCKET NO. 080715-WU – Application for staff-assisted Florida 32399-0850. The agenda and recommendations are rate case in Lake County by CWS Communities LP. also accessible on the PSC Website: http://www.florida The purpose of this customer meeting is to give customers and psc.com, at no charge. other interested persons an opportunity to offer comments to Persons deciding to appeal any decisions made by the the Public Service Commission Staff regarding the quality of Commission with respect to any matter considered at this service the utility provides, the proposed rate increase, and to conference will need to ensure that a verbatim record of the ask questions and comment on other issues. One or more of the proceedings is made, which record includes the testimony and Commissioners of the Florida Public Service Commission may evidence upon which appeal is based. In accordance with the attend and participate in the meeting. Americans with Disabilities Act, persons needing a special Emergency Cancellation of Customer Meeting: If a named accommodation at this conference should contact the Office of storm or other disaster requires cancellation of the meeting, Commission Clerk no later than 48 hours prior to the Commission staff will attempt to give timely, direct notice to conference at (850)413-6770 or via 1(800)955-8770 (Voice) or the parties. Notice of the cancellation of the meeting will also 1(800)955-8771 (TDD) Florida Relay Service. Assistive be provided on the Commission’s website http://www.psc. Listening Devices are available at the Office of Commission state.fl.us/ under the Hot Topics link found on the homepage. Clerk, Betty Easley Conference Center, Room 110. Cancellation can also be confirmed by calling the Office of the General Counsel at (850)413-6199. The Florida Public Service Commission announces its Pursuant to the provisions of the Americans with Disabilities Internal Affairs Meeting to which all interested persons are Act, any person requiring special accommodations to invited. participate in this workshop/meeting is asked to advise the DATE AND TIME: June 15, 2009, Immediately following the agency at least 48 hours before the workshop/meeting by Commission Conference which commences at 9:30 a.m. in contacting: Office of Commission Clerk at (850)413-6770. If Joseph P. Cresse Hearing Room 148. you are hearing or speech impaired, please contact the agency PLACE: Betty Easley Conference Center, 4075 Esplanade using the Florida Relay Service, 1(800)955-8771 (TDD) or Way, Conference Room 140, Tallahassee, Florida 1(800)955-8770 (Voice). GENERAL SUBJECT MATTER TO BE CONSIDERED: To For more information, you may contact: Florida Public Service discuss and make decisions on matters which affect the Commission, Office of Commission Clerk, 2540 Shumard Oak operation of the Commission. Boulevard, Tallahassee, Florida 32399-0850. A copy of the agenda of the Internal Affairs Meeting may be obtained by contacting: Office of Commission Clerk, Florida The Florida Public Service Commission announces a Public Service Commission, 2540 Shumard Oak Boulevard, prehearing to be held in the following docket, to which all Tallahassee, Florida 32399-0850. persons are invited. In accordance with the Americans with Disabilities Act, DOCKET NO. 080731-TP – Petition by Comcast Phone of persons needing a special accommodation at this conference Florida, LLC d/b/a Comcast Digital Phone for arbitration of an should contact the Office of Commission Clerk no later than 48 interconnection agreement with Quincy Telephone Company hours prior to the conference at (850)413-6770 or via d/b/a TDS Telecom, pursuant to Section 252 of the Federal 1(800)955-8770 (Voice) or 1(800)955-8771 (TDD) Florida Communications Act of 1934, as amended, and Sections Relay Service. Assistive Listening Devices are available at the 120.57(1), 120.80(13), 364.012, 364.15, 364.16, 364.161, and Office of Commission Clerk, Betty Easley Conference Center, 364.162, F.S., and Rule 28-106.201, F.A.C. Room 110.

2622 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

PREHEARING CONFERENCE be subject to cross-examination at the conclusion of their DATE AND TIME: Thursday, June 18, 2009, 9:30 a.m. testimony. One or more of the Commissioners of the Florida PLACE: Betty Easley Conference Center, Joseph P. Cresse Public Service Commission may attend and participate in the Hearing Room 148, 4075 Esplanade Way, Tallahassee, FL meeting. 32399 Emergency Cancellation of Customer Service Hearing: If a GENERAL SUBJECT MATTER TO BE CONSIDERED: The named storm or other disaster requires cancellation of the purpose of this hearing is to permit parties to present testimony customer service hearing, Commission staff will attempt to and exhibits relative Comcast Phone of Florida, LLC d/b/a give timely, direct notice to parties. Notice of cancellation of Comcast Digital Phone’s petition for arbitration of an the meeting will also be provided on the Commission’s website interconnection agreement with Quincy Telephone Company http://www.psc.state.fl.us/ under the Hot Topics link found on d/b/a TDS Telecom, pursuant to Section 252 of the Federal the home page. Cancellation can also be confirmed by calling: Communications Act of 1934, as amended, and Sections Office of the General Counsel at (850)413-6199. 120.57(1), 120.80(13), 364.012, 364.15, 364.16, 364.161, and A copy of the agenda may be obtained by contacting: Office of 364.162, F.S., and Rule 28-106.201, F.A.C. Commission Clerk, 2540 Shumard Oak Boulevard, EMERGENCY CANCELLATION OF PREHEARING: If Tallahassee, Florida 32399-0850, or (850)413-6770. settlement of the case or a named storm or other disaster Pursuant to the provisions of the Americans with Disabilities requires cancellation of the proceedings, Commission staff will Act, any person requiring special accommodations to attempt to give timely direct notice to the parties. Notice of participate in this workshop/meeting is asked to advise the cancellation will also be provided on the Commission’s agency at least 48 hours before the workshop/meeting by website http://www.psc.state.fl.us/ under the Hot Topics link contacting: Office of Commission Clerk at (850)413-6770. If found on the home page. Cancellation can also be confirmed you are hearing or speech impaired, please contact the agency by calling: Office of the General Counsel at (850)413-6199. using the Florida Relay Service, 1(800)955-8771 (TDD) or Pursuant to the provisions of the Americans with Disabilities 1(800)955-8770 (Voice). Act, any person requiring special accommodations to For more information, you may contact: Florida Public Service participate in this workshop/meeting is asked to advise the Commission, Office of Commission Clerk, 2540 Shumard Oak agency at least 48 hours before the workshop/meeting by Boulevard, Tallahassee, Florida 32399-0850. contacting: Office of Commission Clerk, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, (850)413-6770. If you are The Florida Public Service Commission announces a public hearing or speech impaired, please contact the agency using the customer service hearing to which all persons are invited. Florida Relay Service, 1(800)955-8771 (TDD) or DATE AND TIME: Friday, June 19, 2009, 6:00 p.m. 1(800)955-8770 (Voice). PLACE: School Board of Lee County, Board Room, Dr. James For more information, you may contact: Office of Commission A. Adams Public Education Center, 2855 Colonial Boulevard, Clerk, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, Ft. Myers, Florida 33966 (850)413-6770. GENERAL SUBJECT MATTER TO BE CONSIDERED: DOCKET NO. 080677-EI – Petition for increase in rates by The Florida Public Service Commission announces a public Florida Power & Light Company. The purpose of this customer customer service hearing to which all persons are invited. service hearing is to take testimony from the public on the DATE AND TIME: Friday, June 19, 2009, 11:00 a.m. quality and adequacy of Florida Power & Light Company’s PLACE: Sarasota City Commission Chambers, Sarasota City service and other matters related to Florida Power & Light Hall, 1565 1st Street, Sarasota, Florida 34236 Company’s petition for a rate increase. The procedure at the GENERAL SUBJECT MATTER TO BE CONSIDERED: service hearing shall be as follows: The Company will present DOCKET NO. 080677-EI – Petition for increase in rates by a brief summary of its case and then members of the public Florida Power & Light Company. The purpose of this customer may present testimony. Members of the public who wish to service hearing is to take testimony from the public on the present testimony are urged to appear promptly at each quality and adequacy of Florida Power & Light Company’s scheduled hearing time since the hearing may be adjourned service and other matters related to Florida Power & Light early if no witnesses are present to testify. All witnesses shall Company’s petition for a rate increase. The procedure at the be subject to cross-examination at the conclusion of their service hearing shall be as follows: The Company will present testimony. One or more of the Commissioners of the Florida a brief summary of its case and then members of the public Public Service Commission may attend and participate in the may present testimony. Members of the public who wish to meeting. present testimony are urged to appear promptly at each Emergency Cancellation of Customer Service Hearing: If a scheduled hearing time since the hearing may be adjourned named storm or other disaster requires cancellation of the early if no witnesses are present to testify. All witnesses shall customer service hearing, Commission staff will attempt to

Section VI - Notices of Meetings, Workshops and Public Hearings 2623 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 give timely, direct notice to parties. Notice of cancellation of A copy of the agenda may be obtained by contacting: Office of the meeting will also be provided on the Commission’s website Commission Clerk, 2540 Shumard Oak Boulevard, http://www.psc.state.fl.us/ under the Hot Topics link found on Tallahassee, Florida 32399-0850, or (850)413-6770. the home page. Cancellation can also be confirmed by calling: Pursuant to the provisions of the Americans with Disabilities Office of the General Counsel at (850)413-6199. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: Office of participate in this workshop/meeting is asked to advise the Commission Clerk, 2540 Shumard Oak Boulevard, agency at least 48 hours before the workshop/meeting by Tallahassee, Florida 32399-0850, or (850)413-6770. contacting: Office of Commission Clerk at (850)413-6770. If Pursuant to the provisions of the Americans with Disabilities you are hearing or speech impaired, please contact the agency Act, any person requiring special accommodations to using the Florida Relay Service, 1(800)955-8771 (TDD) or participate in this workshop/meeting is asked to advise the 1(800)955-8770 (Voice). agency at least 48 hours before the workshop/meeting by For more information, you may contact: Florida Public Service contacting: Office of Commission Clerk at (850)413-6770. If Commission, Office of Commission Clerk, 2540 Shumard Oak you are hearing or speech impaired, please contact the agency Boulevard, Tallahassee, Florida 32399-0850. using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Public Service Commission announces a public For more information, you may contact: Florida Public Service customer service hearing to which all persons are invited. Commission, Office of Commission Clerk, 2540 Shumard Oak DATE AND TIME: Wednesday, June 24, 2009, 9:00 a.m. Boulevard, Tallahassee, Florida 32399-0850. PLACE: Brevard County Governmental Center, Commission Room, Building C, 1st Floor, 2725 Judge Fran Jamieson Way, The Florida Public Service Commission announces a public Melbourne, Florida 32940 customer service hearing to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: DATE AND TIME: Tuesday, June 23, 2009, 4:00 p.m. DOCKET NO. 080677-EI – Petition for increase in rates by PLACE: Daytona Beach City Commission Chambers, City Florida Power & Light Company. The purpose of this customer Hall, 301 S. Ridgewood Avenue, Daytona Beach, Florida service hearing is to take testimony from the public on the 32114 quality and adequacy of Florida Power & Light Company’s GENERAL SUBJECT MATTER TO BE CONSIDERED: service and other matters related to Florida Power & Light DOCKET NO. 080677-EI – Petition for increase in rates by Company’s petition for a rate increase. The procedure at the Florida Power & Light Company. The purpose of this customer service hearing shall be as follows: The Company will present service hearing is to take testimony from the public on the a brief summary of its case and then members of the public quality and adequacy of Florida Power & Light Company’s may present testimony. Members of the public who wish to service and other matters related to Florida Power & Light present testimony are urged to appear promptly at each Company’s petition for a rate increase. The procedure at the scheduled hearing time since the hearing may be adjourned service hearing shall be as follows: The Company will present early if no witnesses are present to testify. All witnesses shall a brief summary of its case and then members of the public be subject to cross-examination at the conclusion of their may present testimony. Members of the public who wish to testimony. One or more of the Commissioners of the Florida present testimony are urged to appear promptly at each Public Service Commission may attend and participate in the scheduled hearing time since the hearing may be adjourned meeting. early if no witnesses are present to testify. All witnesses shall Emergency Cancellation of Customer Service Hearing: If a be subject to cross-examination at the conclusion of their named storm or other disaster requires cancellation of the testimony. One or more of the Commissioners of the Florida customer service hearing, Commission staff will attempt to Public Service Commission may attend and participate in the give timely, direct notice to parties. Notice of cancellation of meeting. the meeting will also be provided on the Commission’s website Emergency Cancellation of Customer Service Hearing: If a http://www.psc.state.fl.us/ under the Hot Topics link found on named storm or other disaster requires cancellation of the the home page. Cancellation can also be confirmed by calling: customer service hearing, Commission staff will attempt to Office of the General Counsel at (850)413-6199. give timely, direct notice to parties. Notice of cancellation of A copy of the agenda may be obtained by contacting: Office of the meeting will also be provided on the Commission’s website Commission Clerk, 2540 Shumard Oak Boulevard, http://www.psc.state.fl.us/ under the Hot Topics link found on Tallahassee, Florida 32399-0850, or (850)413-6770. the home page. Cancellation can also be confirmed by calling: Pursuant to the provisions of the Americans with Disabilities Office of the General Counsel at (850)413-6199. Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by

2624 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 contacting: Office of Commission Clerk at (850)413-6770. If For more information, you may contact: Florida Public Service you are hearing or speech impaired, please contact the agency Commission, Office of Commission Clerk, 2540 Shumard Oak using the Florida Relay Service, 1(800)955-8771 (TDD) or Boulevard, Tallahassee, Florida 32399-0850. 1(800)955-8770 (Voice). For more information, you may contact: Florida Public Service The Florida Public Service Commission announces a public Commission, Office of Commission Clerk, 2540 Shumard Oak customer service hearing to which all persons are invited. Boulevard, Tallahassee, Florida 32399-0850. DATE AND TIME: Thursday, June 25, 2009, 9:00 a.m. PLACE: Broward County Main Library, Auditorium, 100 The Florida Public Service Commission announces a public South Andrews Avenue, Ft. Lauderdale, Florida 33301 customer service hearing to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: DATE AND TIME: Wednesday, June 24, 2009, 4:00 p.m. DOCKET NO. 080677-EI – Petition for increase in rates by PLACE: Palm Beach County Governmental Center, Jane Florida Power & Light Company. The purpose of this customer Thompson Memorial Chambers, 6th Floor, 301 N. Olive service hearing is to take testimony from the public on the Avenue, West Palm Beach, Florida 33401 quality and adequacy of Florida Power & Light Company’s GENERAL SUBJECT MATTER TO BE CONSIDERED: service and other matters related to Florida Power & Light DOCKET NO. 080677-EI – Petition for increase in rates by Company’s petition for a rate increase. The procedure at the Florida Power & Light Company. The purpose of this customer service hearing shall be as follows: The Company will present service hearing is to take testimony from the public on the a brief summary of its case and then members of the public quality and adequacy of Florida Power & Light Company’s may present testimony. Members of the public who wish to service and other matters related to Florida Power & Light present testimony are urged to appear promptly at each Company’s petition for a rate increase. The procedure at the scheduled hearing time since the hearing may be adjourned service hearing shall be as follows: The Company will present early if no witnesses are present to testify. All witnesses shall a brief summary of its case and then members of the public be subject to cross-examination at the conclusion of their may present testimony. Members of the public who wish to testimony. One or more of the Commissioners of the Florida present testimony are urged to appear promptly at each Public Service Commission may attend and participate in the scheduled hearing time since the hearing may be adjourned meeting. early if no witnesses are present to testify. All witnesses shall Emergency Cancellation of Customer Service Hearing: If a be subject to cross-examination at the conclusion of their named storm or other disaster requires cancellation of the testimony. One or more of the Commissioners of the Florida customer service hearing, Commission staff will attempt to Public Service Commission may attend and participate in the give timely, direct notice to parties. Notice of cancellation of meeting. the meeting will also be provided on the Commission’s website Emergency Cancellation of Customer Service Hearing: If a http://www.psc.state.fl.us/ under the Hot Topics link found on named storm or other disaster requires cancellation of the the home page. Cancellation can also be confirmed by customer service hearing, Commission staff will attempt to contacting: Office of the General Counsel at (850)413-6199. give timely, direct notice to parties. Notice of cancellation of A copy of the agenda may be obtained by contacting: Office of the meeting will also be provided on the Commission’s website Commission Clerk, 2540 Shumard Oak Boulevard, http://www.psc.state.fl.us/ under the Hot Topics link found on Tallahassee, Florida 32399-0850, or (850) 413-6770. the home page. Cancellation can also be confirmed by calling: Pursuant to the provisions of the Americans with Disabilities Office of the General Counsel at (850)413-6199. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: Office of participate in this workshop/meeting is asked to advise the Commission Clerk, 2540 Shumard Oak Boulevard, agency at least 48 hours before the workshop/meeting by Tallahassee, Florida 32399-0850, or (850)413-6770. contacting: Office of Commission Clerk at (850)413-6770. If Pursuant to the provisions of the Americans with Disabilities you are hearing or speech impaired, please contact the agency Act, any person requiring special accommodations to using the Florida Relay Service, 1(800)955-8771 (TDD) or participate in this workshop/meeting is asked to advise the 1(800)955-8770 (Voice). agency at least 48 hours before the workshop/meeting by For more information, you may contact: Florida Public Service contacting: Office of Commission Clerk at (850)413-6199. If Commission, Office of Commission Clerk, 2540 Shumard Oak you are hearing or speech impaired, please contact the agency Boulevard, Tallahassee, Florida 32399-0850. using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Florida Public Service Commission announces a public customer service hearing to which all persons are invited.

Section VI - Notices of Meetings, Workshops and Public Hearings 2625 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DATE AND TIME: Thursday, June 25, 2009, 4:00 p.m. service and other matters related to Florida Power & Light PLACE: Miami Science Museum, 3280 South Miami Avenue, Company’s petition for a rate increase. The procedure at the Miami, Florida 33129 service hearing shall be as follows: The Company will present GENERAL SUBJECT MATTER TO BE CONSIDERED: a brief summary of its case and then members of the public DOCKET NO. 080677-EI – Petition for increase in rates by may present testimony. Members of the public who wish to Florida Power & Light Company. The purpose of this customer present testimony are urged to appear promptly at each service hearing is to take testimony from the public on the scheduled hearing time since the hearing may be adjourned quality and adequacy of Florida Power & Light Company’s early if no witnesses are present to testify. All witnesses shall service and other matters related to Florida Power & Light be subject to cross-examination at the conclusion of their Company’s petition for a rate increase. The procedure at the testimony. One or more of the Commissioners of the Florida service hearing shall be as follows: The Company will present Public Service Commission may attend and participate in the a brief summary of its case and then members of the public meeting. may present testimony. Members of the public who wish to Emergency Cancellation of Customer Service Hearing: If a present testimony are urged to appear promptly at each named storm or other disaster requires cancellation of the scheduled hearing time since the hearing may be adjourned customer service hearing, Commission staff will attempt to early if no witnesses are present to testify. All witnesses shall give timely, direct notice to parties. Notice of cancellation of be subject to cross-examination at the conclusion of their the meeting will also be provided on the Commission’s website testimony. One or more of the Commissioners of the Florida (http://www.psc.state.fl.us/) under the Hot Topics link found Public Service Commission may attend and participate in the on the home page. Cancellation can also be confirmed by meeting. calling: Office of the General Counsel at (850)413-6199. Emergency Cancellation of Customer Service Hearing: If a A copy of the agenda may be obtained by contacting: Office of named storm or other disaster requires cancellation of the Commission Clerk, 2540 Shumard Oak Boulevard, customer service hearing, Commission staff will attempt to Tallahassee, Florida 32399-0850, (850)413-6770. give timely, direct notice to parties. Notice of cancellation of Pursuant to the provisions of the Americans with Disabilities the meeting will also be provided on the Commission’s website Act, any person requiring special accommodations to http://www.psc.state.fl.us/ under the Hot Topics link found on participate in this workshop/meeting is asked to advise the the home page. Cancellation can also be confirmed by calling: agency at least 48 hours before the workshop/meeting by Office of the General Counsel at (850)413-6199. contacting: Office of Commission Clerk at (850)413-6770. If A copy of the agenda may be obtained by contacting: Office of you are hearing or speech impaired, please contact the agency Commission Clerk, 2540 Shumard Oak Boulevard, using the Florida Relay Service, 1(800)955-8771 (TDD) or Tallahassee, Florida 32399-0850, or (850)413-6770. 1(800)955-8770 (Voice). Pursuant to the provisions of the Americans with Disabilities For more information, you may contact: Florida Public Service Act, any person requiring special accommodations to Commission, Office of Commission Clerk, 2540 Shumard Oak participate in this workshop/meeting is asked to advise the Boulevard, Tallahassee, Florida 32399-0850. agency at least 48 hours before the workshop/meeting by contacting: Office of Commission Clerk at (850)413-6770. If The Florida Public Service Commission announces a public you are hearing or speech impaired, please contact the agency customer service hearing to which all persons are invited. using the Florida Relay Service, 1(800)955-8771 (TDD) or DATE AND TIME: Friday, June 26, 2009, 6:00 p.m. 1(800)955-8770 (Voice). PLACE: Plantation City Counsel Chambers, 400 N. W. 73rd For more information, you may contact: Florida Public Service Avenue, Plantation, Florida 33317 Commission, Office of Commission Clerk, 2540 Shumard Oak GENERAL SUBJECT MATTER TO BE CONSIDERED: Boulevard, Tallahassee, Florida 32399-0850. DOCKET NO. 080677-EI – Petition for increase in rates by Florida Power & Light Company. The purpose of this customer The Florida Public Service Commission announces a public service hearing is to take testimony from the public on the customer service hearing to which all persons are invited. quality and adequacy of Florida Power & Light Company’s DATE AND TIME: Friday, June 26, 2009, 10:30 a.m. service and other matters related to Florida Power & Light PLACE: North Dade Regional Library, 2455 N. W. 183rd Company’s petition for a rate increase. The procedure at the Street, Miami, Florida 33056 service hearing shall be as follows: The Company will present GENERAL SUBJECT MATTER TO BE CONSIDERED: a brief summary of its case and then members of the public DOCKET NO. 080677-EI – Petition for increase in rates by may present testimony. Members of the public who wish to Florida Power & Light Company. The purpose of this customer present testimony are urged to appear promptly at each service hearing is to take testimony from the public on the scheduled hearing time since the hearing may be adjourned quality and adequacy of Florida Power & Light Company’s early if no witnesses are present to testify. All witnesses shall

2626 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 be subject to cross-examination at the conclusion of their agency at least 48 hours before the workshop/meeting by testimony. One or more of the Commissioners of the Florida contacting: Office of Commission Clerk, 2540 Shumard Oak Public Service Commission may attend and participate in the Blvd., Tallahassee, FL 32399-0850, (850)413-6770. If you are meeting. hearing or speech impaired, please contact the agency using the Emergency Cancellation of Customer Service Hearing: If a Florida Relay Service, 1(800)955-8771 (TDD) or named storm or other disaster requires cancellation of the 1(800)955-8770 (Voice). customer service hearing, Commission staff will attempt to give timely, direct notice to parties. Notice of cancellation of EXECUTIVE OFFICE OF THE GOVERNOR the meeting will also be provided on the Commission’s website http://www.psc.state.fl.us/ under the Hot Topics link found on The Governor’s Commission on Volunteerism and the home page. Cancellation can also be confirmed by calling: Community Service (Volunteer Florida) announces a Office of the General Counsel at (850)413-6199. telephone conference call to which all persons are invited. A copy of the agenda may be obtained by contacting: Office of DATE AND TIMES: Tuesday, June 16, 2009, 9:00 a.m. – until Commission Clerk, 2540 Shumard Oak Boulevard, business is completed Tallahassee, Florida 32399-0850, (850)413-6770. PLACE: Conference Call Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: Act, any person requiring special accommodations to Committee meetings as follows: participate in this workshop/meeting is asked to advise the 9:00 a.m. Volunteer Services agency at least 48 hours before the workshop/meeting by 10:00 a.m. Legislative contacting: Office of Commission Clerk at (850)413-6770. If 11:00 a.m. Finance and Audit you are hearing or speech impaired, please contact the agency 12:00 Noon Communications using the Florida Relay Service, 1(800)955-8771 (TDD) or 2:00 p.m. Grants/AmeriCorps 1(800)955-8770 (Voice). 3:00 p.m. Disability Outreach and Nominating Committee For more information, you may contact: Florida Public Service 4:00 p.m. Emergency Management Commission, Office of Commission Clerk, 2540 Shumard Oak 5:00 p.m. Executive Boulevard, Tallahassee, Florida 323299-0850. A copy of the agenda may be obtained by contacting: Kristin Mullikin at (850)921-5172. The Florida Public Service Commission announces a Pursuant to the provisions of the Americans with Disabilities workshop to which all persons are invited. Act, any person requiring special accommodations to DATE AND TIME: July 14, 2009, 9:30 a.m. participate in this workshop/meeting is asked to advise the PLACE: Betty Easley Conference Center, Room 148, 4075 agency at least 72 hours before the workshop/meeting by Esplanade Way, Tallahassee, FL contacting: Kristin Mullikin at (850)921-5172. If you are GENERAL SUBJECT MATTER TO BE CONSIDERED: To hearing or speech impaired, please contact the agency using the consider and make a decision at its regularly scheduled agenda Florida Relay Service, 1(800)955-8771 (TDD) or conference regarding comments filed pertaining to Rules 1(800)955-8770 (Voice). 25-4.0185, 25-4.066, 25-4.070, 25-4.073, 25-4.083 and If any person decides to appeal any decision made by the 25-4.110, F.A.C. This hearing has been rescheduled from the Board with respect to any matter considered at this meeting or regularly scheduled July 30, 2009, agenda conference which hearing, he/she will need to ensure that a verbatim record of has been cancelled. Docket No. 080641-TP. the proceeding is made, which record includes the testimony A copy of the agenda may be obtained by contacting: Office of and evidence from which the appeal is to be issued. Commission Clerk, 2540 Shumard Oak Blvd., Tallahassee, FL For more information, you may contact: Kristin Mullikin at 32399-0850, (850)413-6770. ($1.00, see copying Charges for (850)921-5172 or [email protected]. You may also Commission Records). The agenda and recommendation are contact Ms. Mullikin to obtain the conference call in number. also accessible on the PSC Website: www.floridapsc.com, at no charge. Persons deciding to appeal any decisions made by The Florida Film and Entertainment Advisory Council the Commission with respect to any matter considered at this announces a public meeting to which all persons are invited. conference will need a record of the proceedings, and, for such DATES AND TIME: June 22-23, 2009, Film Florida purpose, may need to ensure that a verbatim record of the Meetings; June 24, 2009, 10:00 a.m., FFEAC Meeting proceedings is made, which record includes the testimony and PLACE: Gansevoort Hotel, Miami Beach, Florida evidence upon which the appeal is based. 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

Section VI - Notices of Meetings, Workshops and Public Hearings 2627 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

GENERAL SUBJECT MATTER TO BE CONSIDERED: To A copy of the agenda may be obtained by contacting: Deb discuss issues concerning the film and entertainment industry, Spicer at (321)730-5301, ext. 243. Space Florida, SPFL general administrative matters of the Advisory Council and M6-306, Room 9030, Kennedy Space Center, FL 32899. hear public input and advisement. For more information, you may contact: Deb Spicer at A copy of the agenda may be obtained by contacting: Office of (321)730-5301, ext. 243. Space Florida, SPFL M6-306, Room Film and Entertainment at (850)410-4765. 9030, Kennedy Space Center, FL 32899. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to REGIONAL PLANNING COUNCILS participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by The Central Florida Regional Planning Council announces a contacting: Office of Film and Entertainment at public meeting to which all persons are invited. (850)410-4765. If you are hearing or speech impaired, please DATE AND TIME: June 10, 2009, 9:30 a.m. contact the agency using the Florida Relay Service, PLACE: Turner Agri-Civic Center, 2250 N. E. Roan Street, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Arcadia, FL 34266 If any person decides to appeal any decision made by the GENERAL SUBJECT MATTER TO BE CONSIDERED: Board with respect to any matter considered at this meeting or Regular monthly meeting of the Central Florida Regional hearing, he/she will need to ensure that a verbatim record of Planning Council and/or it’s Executive Committee. the proceeding is made, which record includes the testimony A copy of the agenda may be obtained by contacting: Patricia and evidence from which the appeal is to be issued. M. Steed, Executive Director. For more information, you may contact: Office of Film and If any person decides to appeal any decision made by the Entertainment at (850)410-4765. Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of The Volunteer Florida Foundation announces a telephone the proceeding is made, which record includes the testimony conference call to which all persons are invited. and evidence from which the appeal is to be issued. DATE AND TIME: Friday, June 26, 2009, 10:00 a.m. (EDT) For more information, you may contact: Patricia M. Steed, Executive Director, 555 East Church Street, Bartow, FL 33830. PLACE: Conference Call: 1(888)808-6959, Pass Code: 4130909 GENERAL SUBJECT MATTER TO BE CONSIDERED: The Central Florida Regional Planning Council announces a General Foundation business. hearing to which all persons are invited. A copy of the agenda may be obtained by contacting: Frances DATE AND TIME: June 10, 2009, 9:30 a.m. Rhodes at (850)410-0696. PLACE: Turner Agri-Civic Center, Exhibit Hall, 2250 N. E. Pursuant to the provisions of the Americans with Disabilities Roan Street, Arcadia, FL 34266 Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: participate in this workshop/meeting is asked to advise the Regular monthly meeting of the Central Florida Regional agency at least 72 hours before the workshop/meeting by Planning Council and/or its Executive Committee to consider a contacting: Frances Rhodes at (850)410-0696. If you are Notice of Proposed Change to the Hardee Phosphate Complex hearing or speech impaired, please contact the agency using the Development of Regional Impact. Florida Relay Service, 1(800)955-8771 (TDD) or A copy of the agenda may be obtained by contacting: Patricia 1(800)955-8770 (Voice). M. Steed, Executive Director at (863)534-7130, ext. 130. For more information, you may contact: Frances Rhodes at If any person decides to appeal any decision made by the (850)410-0696. Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of The Space Florida, Board of Directors held an emergency the proceeding is made, which record includes the testimony telephone conference call. and evidence from which the appeal is to be issued. DATE AND TIME: Monday, May 18, 2009, 3:00 p.m. For more information, you may contact: Patricia M. Steed, Executive Director, 555 East Church Street, Bartow, FL 33830, PLACE: Conference Call: 1(877)286-7960, Access Code: (863)534-7130, ext. 130. 9877# GENERAL SUBJECT MATTER TO BE CONSIDERED: The Space Florida Board of Directors held an emergency, one-topic The Southwest Florida Regional Planning Council Special Board of Directors meeting via Telephone Conference announces a public meeting to which all persons are invited. Call to discuss and vote on an Interim President for Space Florida.

2628 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DATE AND TIME: Monday, June 8, 2009, 2:00 p.m. For more information, you may contact: Mr. Ken PLACE: Southwest Florida Regional Planning Council, 1st Heatherington at (239)338-2550, ext. 222 or kheatherington@ Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, swfrpc.org. FL GENERAL SUBJECT MATTER TO BE CONSIDERED: The South Florida Regional Planning Council announces a SWFRPC’s Energy and Climate Committee monthly meeting. public meeting of The State Road 7/U.S. 441 Collaborative A copy of the agenda may be obtained by contacting: Ms. Steering Committee to which all persons are invited. Nichole Gwinnett at (239)338-2550, ext. 232 or ngwinnett@ DATE AND TIME: Thursday June 11, 2009, 2:00 p.m. – 3:30 swfrpc.org. p.m. Pursuant to the provisions of the Americans with Disabilities PLACE: City of Lauderdale Lakes City Hall, Alfonso A. Act, any person requiring special accommodations to Gereffi Conference Room, 2nd Floor, 4300 N.W. 36 Street, participate in this workshop/meeting is asked to advise the Lauderdale Lakes, FL 33319 agency at least 5 days before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: To contacting: Mr. Brian Raimondo at (239)338-2550, ext. 211 or continue deliberations regarding economic development, [email protected]. If you are hearing or speech impaired, aesthetic improvement and increased intergovernmental please contact the agency using the Florida Relay Service, cooperation along the corridor. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). A copy of the agenda may be obtained online at If any person decides to appeal any decision made by the www.sfrpc.com/sr7/htm or by contacting: South Florida Board with respect to any matter considered at this meeting or Regional Planning Council, 3440 Hollywood Boulevard, Suite hearing, he/she will need to ensure that a verbatim record of 140, Hollywood, Florida 33021. the proceeding is made, which record includes the testimony Pursuant to the provisions of the Americans with Disabilities and evidence from which the appeal is to be issued. Act, any person requiring special accommodations to For more information, you may contact: Mr. Ken participate in this workshop/meeting is asked to advise the Heatherington at (239)338-2550, ext. 222 or kheatherington@ agency at least 5 days before the workshop/meeting by swfrpc.org. contacting: South Florida Regional Planning Council at (954)985-4416. If you are hearing or speech impaired, please The Southwest Florida Regional Planning Council contact the agency at (954)967-4152, ext. 40 (TDD). announces a public meeting to which all persons are invited. If any person decides to appeal any decision made by the State DATE AND TIME: Thursday, June 11, 2009, 1:30 p.m. Road 7/U.S. 441 Collaborative Steering Committee with PLACE: Southwest Florida Regional Planning Council, 1st respect to any matter considered at this meeting or hearing, Floor, Conference Room, 1926 Victoria Avenue, Fort Myers, he/she will need to ensure that a verbatim record of the FL proceeding is made, which record includes the testimony and GENERAL SUBJECT MATTER TO BE CONSIDERED: evidence from which the appeal is to be issued. Regional Meeting for the Southwest Florida County For more information, you may contact: South Florida Administrators and City Managers. Regional Planning Council, 3440 Hollywood Boulevard, Suite A copy of the agenda may be obtained by contacting: Ms. 140, Hollywood, Florida 33021. Nichole Gwinnett at (239)338-2550, ext. 232 or ngwinnett@ swfrpc.org. REGIONAL TRANSPORTATION AUTHORITIES Pursuant to the provisions of the Americans with Disabilities The South Florida Regional Transportation Authority Act, any person requiring special accommodations to announces a public meeting to which all persons are invited. participate in this workshop/meeting is asked to advise the DATE AND TIME: Friday, June 12, 2009, 10:00 a.m. agency at least 5 days before the workshop/meeting by PLACE: Board Room, SFRTA’s Administrative Offices, 800 contacting: Mr. Brian Raimondo at (239)338-2550, ext. 211 or N. W. 33rd Street, Pompano Beach, FL 33064 [email protected]. If you are hearing or speech impaired, GENERAL SUBJECT MATTER TO BE CONSIDERED: please contact the agency using the Florida Relay Service, Citizen’s Advisory Committee Meeting. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the A copy of the agenda may be obtained by contacting: SFRTA Board with respect to any matter considered at this meeting or Executive Office at (954)788-7915. hearing, he/she will need to ensure that a verbatim record of Pursuant to the provisions of the Americans with Disabilities the proceeding is made, which record includes the testimony Act, any person requiring special accommodations to and evidence from which the appeal is to be issued. participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Executive Office, 800 N. W. 33rd Street, Suite 100,

Section VI - Notices of Meetings, Workshops and Public Hearings 2629 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Pompano Beach, Florida 33064. If you are hearing or speech hearing or speech impaired, please contact the agency using the impaired, please contact the agency using the Florida Relay Florida Relay Service, 1(800)955-8771 (TDD) or Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. and evidence from which the appeal is to be issued.

The South Florida Regional Transportation Authority WATER MANAGEMENT DISTRICTS announces a public meeting to which all persons are invited. The Suwannee River Water Management District DATE AND TIME: Friday, June 12, 2009, 1:00 p.m. announces a public meeting to which all persons are invited. PLACE: Conference Room 101, South Florida Regional DATE AND TIME: June 9, 2009, 9:00 a.m. Transportation Authority, Administration Building, 800 N. W. PLACE: District Headquarters, 9225 CR 49, Live Oak, Florida 33rd Street, Pompano Beach, FL 33064 32060 GENERAL SUBJECT MATTER TO BE CONSIDERED: The GENERAL SUBJECT MATTER TO BE CONSIDERED: Evaluation/Selection Subcommittee for RFP 09-008 “General Board Meeting – to consider District business and conduct Counsel Legal Services”. public hearings on regulatory and land acquisition matters. A copy of the agenda may be obtained by contacting: Public hearing in accordance with Section 373.59, F.S., Executive Office at (954)788-7915. concerning the proposed acquisition of the Feagle/Bonnet Lake Pursuant to the provisions of the Americans with Disabilities Addition, 445 acres +/-, Columbia County, with funds from the Act, any person requiring special accommodations to Florida Forever Trust Fund. A workshop will follow the board participate in this workshop/meeting is asked to advise the meeting. agency at least 48 hours before the workshop/meeting by A copy of the agenda may be obtained by contacting: Kristel contacting: Executive Office, 800 N. W. 33rd Street, Suite 100, Callahan at (386)362-1001 or 1(800)226-1066 (Florida only), Pompano Beach, FL 33064. If you are hearing or speech emailing: [email protected] or on the District’s website: impaired, please contact the agency using the Florida Relay www.mysuwanneeriver.com. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Pursuant to the provisions of the Americans with Disabilities If any person decides to appeal any decision made by the Act, any person requiring special accommodations to Board with respect to any matter considered at this meeting or participate in this workshop/meeting is asked to advise the hearing, he/she will need to ensure that a verbatim record of agency at least 2 days before the workshop/meeting by the proceeding is made, which record includes the testimony contacting: Kristel Callahan at (386)362-1001 or and evidence from which the appeal is to be issued. 1(800)226-1066 (Florida only). If you are hearing or speech impaired, please contact the agency using the Florida Relay COMMISSION ON ETHICS Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Commission on Ethics announces a public meeting to If any person decides to appeal any decision made by the which all persons are invited. Board with respect to any matter considered at this meeting or DATE AND TIME: Friday, June 12, 2009, 8:30 a.m. hearing, he/she will need to ensure that a verbatim record of PLACE: Senate Office Building, Room 37, 404 South Monroe the proceeding is made, which record includes the testimony Street, Tallahassee, FL and evidence from which the appeal is to be issued. GENERAL SUBJECT MATTER TO BE CONSIDERED: Regular Commission Meeting. NOTICE OF CHANGE – The Southwest Florida Water A copy of the agenda may be obtained by contacting: Management District (SWFWMD) announces a public Commission on Ethics, P. O. Drawer 15709, Tallahassee, FL meeting to which all persons are invited. 32317-5709. DATE AND TIME: Friday, June 5, 2009, 9:30 a.m. Pursuant to the provisions of the Americans with Disabilities PLACE: Punta Gorda City Hall, 326 W. Marion Avenue, Punta Act, any person requiring special accommodations to Gorda, Florida 33950. This is a change of location from the participate in this workshop/meeting is asked to advise the published year-long calendar. agency at least 48 hours before the workshop/meeting by GENERAL SUBJECT MATTER TO BE CONSIDERED: contacting: Commission on Ethics at (850)488-7864. If you are Peace River Basin Board Meeting: Consideration of Basin business including discussion of the fiscal year 2010 budget

2630 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 and adoption of proposed millage rate. Tours of Punta Gorda If any person decides to appeal any decision made by the Water Supply projects will follow the meeting, 38100 Board with respect to any matter considered at this meeting or Washington Loop Road. (Ad Order 50658) hearing, he/she will need to ensure that a verbatim record of A copy of the agenda may be obtained by contacting: the proceeding is made, which record includes the testimony SWFWMD, Executive Department, 2379 Broad Street, and evidence from which the appeal is to be issued. Brooksville, Florida 34604, 1(800)423-1476 (FL only) or Frances Sesler at (352)796-7211, ext. 4608. The Southwest Florida Water Management District 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, June 11, 2009, 9:00 a.m. participate in this workshop/meeting is asked to advise the PLACE: SWFWMD, District Headquarters, 2379 Broad agency at least 5 days before the workshop/meeting by Street, Brooksville, FL 34604 contacting: SWFWMD, Human Resources Director at the GENERAL SUBJECT MATTER TO BE CONSIDERED: address above or by calling: (352)796-7211, ext. 4702, Withlacoochee River Basin Board Meeting 1(800)423-1476 (FL only), ext. 4702, TDD (FL only) DATE AND TIME: Thursday, June 11, 2009, 1:00 p.m. 1(800)231-6103, email: [email protected]. PLACE: SWFWMD, District Headquarters, 2379 Broad fl.us. This nondiscrimination policy involves every aspect of Street, Brooksville, FL 34604 the District’s functions, including access to and participation in GENERAL SUBJECT MATTER TO BE CONSIDERED: the District’s programs and activities. If you are hearing or Coastal Rivers Basin Board Meeting. Consideration of Basin speech impaired, please contact the agency using the Florida business including discussion of the fiscal year 2010 budget Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 and adoption of proposed millage rate. (Ad Order 50658) (Voice). A copy of the agenda may be obtained by contacting: If any person decides to appeal any decision made by the SWFWMD, Executive Department, 2379 Broad Street, Board with respect to any matter considered at this meeting or Brooksville, Florida 34604, 1(800)423-1476 (FL only) or hearing, he/she will need to ensure that a verbatim record of Frances Sesler at (352)796-7211, ext. 4608. 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 participate in this workshop/meeting is asked to advise the The Southwest Florida Water Management District agency at least 5 days before the workshop/meeting by announces a public meeting to which all persons are invited. contacting: SWFWMD, Human Resources Director at the DATE AND TIME: Wednesday, June 10, 2009, 9:00 a.m. address above or by calling: (352)796-7211, ext. 4702, PLACE: SWFWMD, Sarasota Service Office, 6750 Fruitville 1(800)423-1476 (FL only), ext. 4702, TDD (FL only) Road, Sarasota, FL 34240 1(800)231-6103, email: [email protected]. GENERAL SUBJECT MATTER TO BE CONSIDERED: fl.us. This nondiscrimination policy involves every aspect of Manasota Basin Board Meeting: Consideration of Basin the District’s functions, including access to and participation in business including discussion of the fiscal year 2010 budget the District’s programs and activities. If you are hearing or and adoption of proposed millage rate. (Ad Order 50658) speech impaired, please contact the agency using the Florida A copy of the agenda may be obtained by contacting: Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 SWFWMD, Executive Department, 2379 Broad Street, (Voice). Brooksville, Florida 34604, 1(800)423-1476 (FL only) or If any person decides to appeal any decision made by the Frances Sesler at (352)796-7211, ext. 4608. Board with respect to any matter considered at this meeting or Pursuant to the provisions of the Americans with Disabilities hearing, he/she will need to ensure that a verbatim record of Act, any person requiring special accommodations to the proceeding is made, which record includes the testimony participate in this workshop/meeting is asked to advise the and evidence from which the appeal is to be issued. agency at least 5 days before the workshop/meeting by contacting: SWFWMD, Human Resources Director at the The South Florida Water Management District announces a address above or by calling: (352)796-7211, ext. 4702, closed door attorney-client session. 1(800)423-1476 (FL only), ext. 4702, TDD (FL only) DATE AND TIME: June 10, 2009, 9:00 a.m. – completed 1(800)231-6103, email: [email protected]. PLACE: Edison State College, Conference Center, Building J, us. This nondiscrimination policy involves every aspect of the 7007 Lely Cultural Parkway, Naples, FL 34113 District’s functions, including access to and participation in the DATE AND TIME: June 11, 2009, 9:00 a.m. – completed District’s programs and activities. If you are hearing or speech impaired, please contact the agency using the Florida Relay PLACE: Edison State College, Conference Center, Building J, Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 7007 Lely Cultural Parkway, Naples, FL 34113

Section VI - Notices of Meetings, Workshops and Public Hearings 2631 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

GENERAL SUBJECT MATTER TO BE CONSIDERED: of Florida, Case No. 02-80309-CV – Altonaga/Turnoff; Closed door attorney-client session pursuant to Section Miccosukee Tribe of Indians of Florida v. South Florida Water 286.011(8)(2008), Florida Statutes, to discuss strategy related Management District, et al., United States District Court, to litigation expenditures and/or settlement negotiations in Southern District of Florida, Case No. Natural Resources Defense Council, Inc., et al. v. Van 98-6056-CIV-Lenard/Klein; and Friends of the Everglades v. Antwerp, et al., United States District Court, Southern District South Florida Water Management District, United States of Florida, Case No. 07-80444-CIV-Middlebrooks. The subject District Court, Southern District of Florida, Case No. matter shall be confined to the pending litigation. (All or part 98-6057-CIV-Lenard/Klein. The subject matter shall be of this meeting may be conducted as a teleconference in order confined to the pending litigation. (All or part of this meeting to permit maximum participation of Governing Board may be conducted as a teleconference in order to permit members). maximum participation of Governing Board members). ATTENDEES: Governing Board Members E. Buermann, M. ATTENDEES: Governing Board Members E. Buermann, M. Collins, C. Dauray, S. Estenoz, M. Meeker, R. Montgomery, P. Collins, C. Dauray, S. Estenoz, M. Meeker, R. Montgomery, P. Rooney; Executive Director C. Wehle; District attorneys S. Rooney; Executive Director C. Wehle; District attorneys S. Wood, S. Nall, C. Kowalsky, K. Rizzardi, J. Nutt. Wood, S. Nall, C. Kowalsky, K. Rizzardi, J. Nutt. Pursuant to Florida Law, the entire attorney-client session shall Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the be recorded by a certified court reporter. No portion of the session shall be off the record. A copy of the transcript will be session shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the made part of the public record at the conclusion of the litigation. litigation. A copy of the agenda may be obtained by contacting: District A copy of the agenda may be obtained by contacting: District Clerk’s Office at (561)682-2087 or www.sfwmd.gov. Clerk’s Office at (561)682-2087 or www.sfwmd.gov. 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 District Clerk’s Office at (561)682-2087. If you contacting: District Clerk’s Office at (561)682-2087. If you are are hearing or speech impaired, please contact the agency using hearing or speech impaired, please contact the agency using the the Florida Relay Service, 1(800)955-8771 (TDD) or Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. and evidence from which the appeal is to be issued. For more information, you may contact: the District Clerk’s For more information, you may contact: the District Clerk’s Office at (561)682-2087. Office at (561)682-2087.

The South Florida Water Management District announces a The South Florida Water Management District announces a closed door attorney-client session. closed door attorney-client session. DATE AND TIME: June 10, 2009, 9:00 a.m. – completed DATE AND TIME: June 10, 2009, 9:00 a.m. – completed PLACE: Edison State College, Conference Center, Building J, PLACE: Edison State College, Conference Center, Building J, 7007 Lely Cultural Parkway, Naples, FL 34113 7007 Lely Cultural Parkway, Naples, FL 34113 DATE AND TIME: June 11, 2009, 9:00 a.m. – completed DATE AND TIME: June 11, 2009, 9:00 a.m. – completed PLACE: Edison State College, Conference Center, Building J, PLACE: Edison State College, Conference Center, Building J, 7007 Lely Cultural Parkway, Naples, FL 34113 7007 Lely Cultural Parkway, Naples, FL 34113 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: Closed door attorney-client session pursuant to Section Closed door attorney-client session pursuant to Section 286.011(8)(2008), F.S., to discuss strategy related to litigation 286.011(8)(2008), F.S., to discuss strategy related to litigation expenditures and/or settlement negotiations in Friends of the expenditures and/or settlement negotiations in Cutler Everglades, Inc. and Fishermen Against Destruction of the Properties, LC v. South Florida Water Management District, Environment, Inc. v. South Florida Water Management Eleventh Judicial Circuit, Miami-Dade County, Florida, Case District, et al., United States District Court, Southern District No. 08-46701 CA 5. The subject matter shall be confined to the

2632 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 pending litigation. (All or part of this meeting may be ATTENDEES: Governing Board Members E. Buermann, M. conducted as a teleconference in order to permit maximum Collins, C. Dauray, S. Estenoz, M. Meeker, R. Montgomery, P. participation of Governing Board members). Rooney; Executive Director C. Wehle; District attorneys S. ATTENDEES: Governing Board Members E. Buermann, M. Wood, S. Nall, C. Kowalsky, K. Rizzardi, F. Bartolone, R. Collins, C. Dauray, S. Estenoz, M. Meeker, R. Montgomery, P. Hanna, C. Lamia, K. Artin, F. Springer, J. Nutt. Rooney; Executive Director C. Wehle; District attorneys S. Pursuant to Florida Law, the entire attorney-client session shall Wood, S. Nall, C. Kowalsky, K. Rizzardi, M. Compagno, J. be recorded by a certified court reporter. No portion of the Nutt, B. Lewis, S. Martin. session shall be off the record. A copy of the transcript will be Pursuant to Florida Law, the entire attorney-client session shall made part of the public record at the conclusion of the be recorded by a certified court reporter. No portion of the litigation. session shall be off the record. A copy of the transcript will be A copy of the agenda may be obtained by contacting: District made part of the public record at the conclusion of the Clerk’s Office at (561)682-2087 or www.sfwmd.gov. litigation. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: District Act, any person requiring special accommodations to Clerk’s Office at (561)682-2087 or www.sfwmd.gov. participate in this workshop/meeting is asked to advise the Pursuant to the provisions of the Americans with Disabilities agency at least 5 days before the workshop/meeting by Act, any person requiring special accommodations to contacting: District Clerk’s Office at (561)682-2087. 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: District Clerk’s Office at (561)682-2087. If you are 1(800)955-8770 (Voice). hearing or speech impaired, please contact the agency using the If any person decides to appeal any decision made by the Florida Relay Service, 1(800)955-8771 (TDD) or Board with respect to any matter considered at this meeting or 1(800)955-8770 (Voice). hearing, he/she will need to ensure that a verbatim record of If any person decides to appeal any decision made by the the proceeding is made, which record includes the testimony Board with respect to any matter considered at this meeting or and evidence from which the appeal is to be issued. hearing, he/she will need to ensure that a verbatim record of For more information, you may contact: the District Clerk’s the proceeding is made, which record includes the testimony Office at (561)682-2087. and evidence from which the appeal is to be issued. For more information, you may contact: the District Clerk’s The South Florida Water Management District announces a Office at (561)682-2087. closed door attorney-client session. DATE AND TIME: June 10, 2009, 9:00 a.m. – completed The South Florida Water Management District announces a PLACE: Edison State College, Conference Center, Building J, closed door attorney-client session. 7007 Lely Cultural Parkway, Naples, FL 34113 DATE AND TIME: June 10, 2009, 9:00 a.m. – completed DATE AND TIME: June 11, 2009, 9:00 a.m. – completed PLACE: Edison State College, Conference Center, Building J, PLACE: Edison State College, Conference Center, Building J, 7007 Lely Cultural Parkway, Naples, FL 34113 7007 Lely Cultural Parkway, Naples, FL 34113 DATE AND TIME: June 11, 2009, 9:00 a.m. – completed GENERAL SUBJECT MATTER TO BE CONSIDERED: PLACE: Edison State College, Conference Center, Building J, Closed door attorney-client session pursuant to Section 7007 Lely Cultural Parkway, Naples, FL 34113 286.011(8)(2008), F.S., to discuss strategy related to litigation GENERAL SUBJECT MATTER TO BE CONSIDERED: expenditures and/or settlement negotiations in United States of Closed door attorney-client session pursuant to Section America v. South Florida Water Management District, et al., 286.011(8)(2008), Florida Statutes, to discuss strategy related United States District Court, Southern District of Florida, Case to litigation expenditures and/or settlement negotiations in No. 88-1886-CIV-Moreno. The subject matter shall be South Florida Water Management District v. State of Florida, confined to the pending litigation. (All or part of this meeting Fifteenth Judicial Circuit, Palm Beach County, Florida, Case may be conducted as a teleconference in order to permit No. 50-2008-CA-031975XXXXMB. The subject matter shall maximum participation of Governing Board members). be confined to the pending litigation. (All or part of this ATTENDEES: Governing Board Members E. Buermann, M. meeting may be conducted as a teleconference in order to Collins, C. Dauray, M. Meeker, R. Montgomery, P. Rooney; permit maximum participation of Governing Board members). Executive Director C. Wehle; District attorneys S. Wood, S. Nall, C. Kowalsky, K. Rizzardi, K. Burns, J. Nutt.

Section VI - Notices of Meetings, Workshops and Public Hearings 2633 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Pursuant to Florida Law, the entire attorney-client session shall GENERAL SUBJECT MATTER TO BE CONSIDERED: be recorded by a certified court reporter. No portion of the Governing Board to discuss and consider District business, session shall be off the record. A copy of the transcript will be including regulatory and non-regulatory matters, and may made part of the public record at the conclusion of the include an amendment to the District’s Fiscal Year 2009 budget litigation. to revise revenues and expenditures. A copy of the agenda may be obtained by contacting: District A copy of the agenda may be obtained by contacting: Jacki Clerk’s Office at (561)682-2087 or www.sfwmd.gov. McGorty at (561)682-2087 or https://my.sfwmd.gov/portal/ Pursuant to the provisions of the Americans with Disabilities page?_pageid=2574,13014318&_dad=portal&_schema=POR Act, any person requiring special accommodations to TAL. participate in this workshop/meeting is asked to advise the Pursuant to the provisions of the Americans with Disabilities agency at least 5 days before the workshop/meeting by Act, any person requiring special accommodations to contacting: District Clerk’s Office at (561)682-2087. 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: District Clerk’s Office at (561)682-2087. If you are 1(800)955-8770 (Voice). hearing or speech impaired, please contact the agency using the If any person decides to appeal any decision made by the Florida Relay Service, 1(800)955-8771 (TDD) or Board with respect to any matter considered at this meeting or 1(800)955-8770 (Voice). hearing, he/she will need to ensure that a verbatim record of If any person decides to appeal any decision made by the the proceeding is made, which record includes the testimony Board with respect to any matter considered at this meeting or and evidence from which the appeal is to be issued. hearing, he/she will need to ensure that a verbatim record of For more information, you may contact: District Clerk’s Office the proceeding is made, which record includes the testimony at (561)682-2087. and evidence from which the appeal is to be issued. For more information, you may contact: District Clerk’s Office The South Florida Water Management District announces a at (561)682-2087. public meeting to which all persons are invited. Workshop The South Florida Water Management District announces a DATE AND TIME: June 10, 2009, 10:00 a.m. hearing to which all persons are invited. PLACE: Tour of Naples Bay, Bayview Park, 1500 Danford DATE AND TIME: June 11, 2009, 9:00 a.m. Street, Naples, FL 34112 PLACE: Edison State College, Conference Center, Building J, Meeting 7007 Lely Cultural Parkway, Naples, FL 34113 DATE AND TIME: June 10, 2009, 1:00 p.m. GENERAL SUBJECT MATTER TO BE CONSIDERED: PLACE: Edison State College, Conference Center, Bldg. J, Continuation of public hearing from March 12, 2009 to adopt 7007 Lely Cultural Parkway, Naples, FL 34113 amendments to Rules 40E-2.051, 40E-2.061, 40E-2.091, Audit and Finance Committee Meeting 40E-2.331, 40E-24.011, 40E-24.101, 40E-24.201, 40E-24.301, 40E-24.401, 40E-24.501, 40E-20.091, 40E-20.331, F.A.C., DATE AND TIME: June 11, 2009, 9:00 a.m. regarding year-round landscape irrigation conservation PLACE: Edison State College, Conference Center, Bldg. J, measures. District staff is proposing to adopt amendments to 7007 Lely Cultural Parkway, Naples, FL 34113 the landscape irrigation conservation measures currently in Regular Business Meeting place in Lee, Collier and portions of Charlotte County and to DATE AND TIME: June 11, 2009, 10:00 a.m. expand those conservation measures throughout the region of PLACE: Edison State College, Conference Center, Bldg. J, the South Florida Water Management District. District staff is 7007 Lely Cultural Parkway, Naples, FL 34113 also proposing to adopt amendments to create a general permit All or part of these meetings may be conducted as a by rule for landscape irrigation use and to allow modification teleconference in order to permit maximum participation by of such a permit that does not allow more cumulative days and Governing Board members. The Governing Board may take time to conduct landscape irrigation than those provided under official action at the meetings on any item appearing on the Chapter 40E-24, F.A.C. Lastly, the District is proposing to agenda and on any item that is added to the agenda as a result adopt amendments to the water conservation measures in the of a change to the agenda approved by the presiding officer of “Basis of Review for Water Use Permit Applications within the the meeting pursuant to Section 120.525, Florida Statutes. If South Florida Water Management District” to be consistent workshop items are not discussed on 6/10, the items may be with the landscape irrigation conservation measures set forth in discussed on 6/11. Chapter 40E-24, F.A.C.

2634 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of the agenda may be obtained by contacting: Jesus If any person decides to appeal any decision made by the Rodriguez, Lead Water Conservation Officer, South Florida Board with respect to any matter considered at this meeting or Water Management District, P. O. Box 24680, West Palm hearing, he/she will need to ensure that a verbatim record of Beach, FL 33416-4680, 1(800)432-2045, ext. 6060 or the proceeding is made, which record includes the testimony (561)682-6060, email: [email protected]. 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: Records Department Act, any person requiring special accommodations to at (727)796-2355. participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by DEPARTMENT OF ELDER AFFAIRS contacting: South Florida Water Management District Clerk, (800)432-2045, ext. 2087 or (561)682-2087. If you are hearing NOTICE OF CHANGE – The Long-Term Care or speech impaired, please contact the agency using the Florida Ombudsman Program announces a public meeting to which Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 all persons are invited. (Voice). DATE AND TIME: June 10, 2009, 10:00 a.m. (EST) If any person decides to appeal any decision made by the PLACE: 210 North Palmetto Ave., Room 148, Daytona Beach, Board with respect to any matter considered at this meeting or FL 32114 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 First Coast South District Long-Term Care Ombudsman and evidence from which the appeal is to be issued. Council business. (NOTE: Meeting starting time has changed For more information, you may contact: Jesus Rodriguez, Lead since notice was published in the April 10, 2009 F.A.W. Water Conservation Officer, South Florida Water Management publication.). District, P. O. Box 24680, West Palm Beach, FL 33416-4680, A copy of the agenda may be obtained by contacting: Claudia 1(800)432-2045, ext. 6060 or (561)682-6060, email: jerodrig Dinardo at (386)226-7846. @sfwmd.gov. Pursuant to the provisions of the Americans with Disabilities For procedural issues contact: Jan Sluth, Senior Paralegal, Act, any person requiring special accommodations to South Florida Water Management District, P. O. Box 24680, participate in this workshop/meeting is asked to advise the West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6299 agency at least 72 hours before the workshop/meeting by or (561)682-6299, email: [email protected]. contacting: Claudia Dinardo at (386)226-7846. If you are hearing or speech impaired, please contact the agency using the REGIONAL UTILITY AUTHORITIES Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Tampa Bay Water, A Regional Water Supply Authority For more information, you may contact: Claudia Dinardo at announces a public meeting to which all persons are invited. (386)226-7846 or by email: [email protected]. DATE AND TIME: Monday, June 15, 2009, 9:00 a.m. PLACE: 2575 Enterprise Road, Clearwater, FL 33763 The Long-Term Care Ombudsman Program announces a GENERAL SUBJECT MATTER TO BE CONSIDERED: telephone conference call to which all persons are invited. Public Hearing and Final Adoption of the Tampa Bay Water DATE AND TIME: Wednesday, June 10, 2009, 2:00 p.m. FY 2009/2010 Proposed Budget, followed immediately by the (EST) Regular Board Meeting. PLACE: Conference Call: 1(888)808-6959, Conference Code: A copy of the agenda may be obtained by contacting: Tampa 9654123690 Bay Water at (727)796-2355 or can be accessed on the web at GENERAL SUBJECT MATTER TO BE CONSIDERED: www.tampabaywater.org. Long-Term Care Ombudsman Program, Data & Information Pursuant to the provisions of the Americans with Disabilities Committee business. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: Priscilla participate in this workshop/meeting is asked to advise the Zachary at (850)414-2323. agency at least 3 days before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: Records Department at (727)796-2355 If you are Act, any person requiring special accommodations to hearing or speech impaired, please contact the agency using the participate in this workshop/meeting is asked to advise the Florida Relay Service, 1(800)955-8771 (TDD) or agency at least 72 hours before the workshop/meeting by 1(800)955-8770 (Voice). contacting: Priscilla Zachary at (850)414-2323. If you are

Section VI - Notices of Meetings, Workshops and Public Hearings 2635 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 hearing or speech impaired, please contact the agency using the AGENCY FOR HEALTH CARE ADMINISTRATION Florida Relay Service, 1(800)955-8771 (TDD) or The Agency for Health Care Administration announces a 1(800)955-8770 (Voice). public meeting to which all persons are invited. For more information, you may contact: (850)414-2323 or by DATE AND TIME: July 10, 2009, 10:00 a.m. email: [email protected]. PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, FL 32308 NOTICE OF CHANGE – The Long-Term Care GENERAL SUBJECT MATTER TO BE CONSIDERED: The Ombudsman Program announces a public meeting to which Health Information Exchange Coordinating Committee and all persons are invited. State Electronic Prescribing Advisory Panel will meet to DATE AND TIME: July 15, 2009, 10:00 a.m. (EST) review the provisions of the American Recovery and PLACE: 210 North Palmetto Ave., Room 148, Daytona Beach, Reinvestment Act related to health information technology and FL 32114 discuss strategies to promote health information exchange in GENERAL SUBJECT MATTER TO BE CONSIDERED: Florida including electronic prescribing. First Coast South District Long-Term Care Ombudsman A copy of the agenda may be obtained by contacting: Carolyn Council business. (NOTE: Meeting starting time has changed H. Turner, Agency for Health Care Administration, 2727 since notice was published in the May 1, 2009 F.A.W. Mahan Drive, Bldg. 3, Mail Stop #16, Tallahassee, FL publication.) 32308-5403. The agenda will be posted at: http://www.fhin.net A copy of the agenda may be obtained by contacting: Claudia /FHIN/workgroups/HIECC.shtml and http://www.fhin.net/epre Dinardo at (386)226-7846. scribe/ePrescribeWG/meetings.shtml seven (7) days prior to Pursuant to the provisions of the Americans with Disabilities the meeting. Act, any person requiring special accommodations to Pursuant to the provisions of the Americans with Disabilities participate in this workshop/meeting is asked to advise the Act, any person requiring special accommodations to agency at least 72 hours before the workshop/meeting by participate in this workshop/meeting is asked to advise the contacting: Claudia Dinardo at (386)226-7846. If you are agency at least 5 hours before the workshop/meeting by hearing or speech impaired, please contact the agency using the contacting: Carolyn H. Turner at (850)922-5861. If you are Florida Relay Service, 1(800)955-8771 (TDD) or hearing or speech impaired, please contact the agency using the 1(800)955-8770 (Voice). Florida Relay Service, 1(800)955-8771 (TDD) or For more information, you may contact: Claudia Dinardo at 1(800)955-8770 (Voice). (386)226-7846 or by email: [email protected]. For more information, you may contact: Dana Watson at (850)921-2032. The Statewide Public Guardianship Office announces a telephone conference call to which all persons are invited. The Agency for Health Care Administration announces a DATES AND TIME: June 2, 9, 16, 23, 30, 2009, 8:00 a.m. – public meeting to which all persons are invited. 9:00 a.m. DATE AND TIME: June 19, 2009, 10:00 a.m. – 11:00 a.m. PLACE: Callers within Tallahassee and outside of Tallahassee: PLACE: Agency for Health Care Administration, 2727 Mahan 1(888)808-6959, when prompted, enter Conference Code: Drive, Building 3, Conference Room C, Tallahassee, FL 32308 9247380 followed by # GENERAL SUBJECT MATTER TO BE CONSIDERED: The GENERAL SUBJECT MATTER TO BE CONSIDERED: Enhanced Benefits Panel will discuss issues related to the This will be a general business meeting of the Foundation for technical aspects of the Enhanced Benefits program, under Indigent Guardianship, Inc. Medicaid Reform. A copy of the agenda may be obtained by contacting: Ms. A copy of the agenda may be obtained by contacting: Aldria Margo Mitchell at (850)414-2381. White, Agency for Health Care Administration, 2727 Mahan Pursuant to the provisions of the Americans with Disabilities Drive, Mail Stop #8, Tallahassee, FL 32308, (850)488-5420, a Act, any person requiring special accommodations to week before the meeting. 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: Ms. Margo Mitchell at (850)414-2381. If you are participate in this workshop/meeting is asked to advise the hearing or speech impaired, please contact the agency using the agency at least 7 days before the workshop/meeting by Florida Relay Service, 1(800)955-8771 (TDD) or contacting: Aldria White at the address and phone number 1(800)955-8770 (Voice). written above. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

2636 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

For more information, you may contact: Aldria White at the committees/task force, review/approve related issues and other address and phone number written above. business as needed, and approve actions taken by the Chairman under delegated authority. The Agency for Health Care Administration, Division of A copy of the agenda may be obtained by contacting: FBBIB, Medicaid Services announces a telephone conference call to P. O. Box 7435, Tallahassee, FL 32314, (850)878-0826. which all persons are invited. If any person decides to appeal any decision made by the DATE AND TIME: Monday, June 22, 2009, 11:00 a.m. – 1:00 Board with respect to any matter considered at this meeting or p.m. hearing, he/she will need to ensure that a verbatim record of PLACE: Agency for Health Care Administration, Conference the proceeding is made, which record includes the testimony Call: 1(888)808-6959, Conference Code: #7556753 and evidence from which the appeal is to be issued. GENERAL SUBJECT MATTER TO BE CONSIDERED: For For more information, you may contact: FBBIB, P. O. Box the Organ Transplant Advisory Council to discuss plans for 7435, Tallahassee, FL 32314, (850)878-0826. reviewing transplant data and to conduct general business of the council. DEPARTMENT OF BUSINESS AND PROFESSIONAL A copy of the agenda may be obtained by contacting: Theresa REGULATION Kumar, Transplant Coordinator, Agency for Health Care The Division of Hotels and Restaurants, Bureau of Elevator Administration, Bureau of Medicaid Services, 2727 Mahan Safety announces a public meeting to which all persons are Drive, Mail Stop 20, Tallahassee, Florida 32308, invited. (850)922-7322, or [email protected]. DATE AND TIME: July 28, 2009, 9:00 a.m. – 3:00 p.m. PLACE: Royal Plaza, 1905 Hotel Plaza Blvd., Lake Buena DEPARTMENT OF MANAGEMENT SERVICES Vista, FL 32830-2203 The Southwood Shared Resource Center announces a public GENERAL SUBJECT MATTER TO BE CONSIDERED: meeting to which all persons are invited. Rules and Standards for the Bureau of Elevaotr Safety; Rule DATE AND TIME: Monday, June 8, 2009, 1:30 p.m. – 4:00 61C-5.001, F.A.C., Standards Adopted; Exclusions; and p.m. or until Board business is concluded Conflicts. PLACE: Turlington Building, Room 1703, 325 W. Gaines A copy of the agenda may be obtained by contacting: Doug Street, Tallahassee, FL Melvin, Chief, Bureau of Elevator Safety, 1940 N. Monroe St., GENERAL SUBJECT MATTER TO BE CONSIDERED: Tallahassee, FL 32399-1013. Regular bi-monthly meeting of the SSRC Board of Trustees. Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Rick Act, any person requiring special accommodations to Mitchell at (850)488-9895, [email protected]. participate in this workshop/meeting is asked to advise the Pursuant to the provisions of the Americans with Disabilities agency at least 5 days before the workshop/meeting by Act, any person requiring special accommodations to contacting: Doug Melvin, Chief, Bureau of Elevator Safety, participate in this workshop/meeting is asked to advise the 1940 N. Monroe St., Tallahassee, FL 32399-1013. If you are agency at least 2 days before the workshop/meeting by hearing or speech impaired, please contact the agency using the contacting: Rick Mitchell at (850)488-9895, rick.mitchell@ Florida Relay Service, 1(800)955-8771 (TDD) or ssrc.myflorida.com. If you are hearing or speech impaired, 1(800)955-8770 (Voice). please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Board of Architecture and Interior Design announces a For more information, you may contact: Rick Mitchell at telephone conference call to which all persons are invited. (850)488-9895, [email protected]. DATE AND TIME: June 23, 2009, 2:00 p.m. (Eastern Time) PLACE: Telephone Conference Call The Florida Black Business Investment Board announces a GENERAL SUBJECT MATTER TO BE CONSIDERED: telephone conference call to which all persons are invited. Contact: 1(888)808-6959, Conference Code: 4879597 to DATE AND TIME: June 10, 2009, 10:00 a.m. participate in the telephone conference call. PLACE: Telephone Conference Call A copy of the agenda may be obtained by contacting: Board of GENERAL SUBJECT MATTER TO BE CONSIDERED: The Architecture and Interior Design, 1940 North Monroe Street, Board of Directors of the FBBIB in conjunction with the Tallahassee, Florida 32399-0751. MBIC hereby announce a meeting to discuss operations, Pursuant to the provisions of the Americans with Disabilities identify areas for future board priorities, receive reports from Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by

Section VI - Notices of Meetings, Workshops and Public Hearings 2637 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 contacting: Board of Architecture and Interior Design, 1940 A copy of the agenda may be obtained by contacting: Board of North Monroe Street, Tallahassee, Florida 32399-0751. If you Landscape Architecture, 1940 North Monroe Street, are hearing or speech impaired, please contact the agency using Tallahassee, FL 32399, (850)922-7154. the Florida Relay Service, 1(800)955-8771 (TDD) or Pursuant to the provisions of the Americans with Disabilities 1(800)955-8770 (Voice). Act, any person requiring special accommodations to If any person decides to appeal any decision made by the participate in this workshop/meeting is asked to advise the Board with respect to any matter considered at this meeting or agency at least 5 days before the workshop/meeting by hearing, he/she will need to ensure that a verbatim record of contacting: Board of Landscape Architecture, 1940 North the proceeding is made, which record includes the testimony Monroe Street, Tallahassee, FL 32399, (850)922-7154. If you and evidence from which the appeal is to be issued. are hearing or speech impaired, please contact the agency using For more information, you may contact: Board of Architecture the Florida Relay Service, 1(800)955-8771 (TDD) or and Interior Design, 1940 North Monroe Street, Tallahassee, 1(800)955-8770 (Voice). Florida 32399-0751. If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or The Electrical Contractors’ Licensing Board announces a hearing, he/she will need to ensure that a verbatim record of public meeting to which all persons are invited. the proceeding is made, which record includes the testimony DATES AND TIMES: July 15, 2009, 4:00 p.m., Probable and evidence from which the appeal is to be issued. Cause Panel (portions closed to the public); July 16, 2009, 8:30 For more information, you may contact: Board of Landscape a.m. Discipline and General Business; July 17, 2009, 8:30 a.m. Architecture, 1940 North Monroe Street, Tallahassee, FL General Business 32399, (850)922-7154. PLACE: Embassy Suites Hotel, 1100 S. E. 17th Street, Ft. Lauderdale, FL 33316, (954)527-2700 DEPARTMENT OF ENVIRONMENTAL PROTECTION GENERAL SUBJECT MATTER TO BE CONSIDERED: July Notices for the Department of Environmental Protection 15, 2009, 4:00 p.m. Probable Cause Panel (portions closed to between December 28, 2001 and June 30, 2006, go to the public); July 16, 2009, 8:30 a.m., Discipline and General http://www.dep.state.fl.us/ under the link or button titled Business; July 17, 2009, 8:30 a.m., General Business. “Official Notices.” A copy of the agenda may be obtained by contacting: Electrical Contractors’ Licensing Board at (850)487-8304. The Board of Directors of Babcock Ranch, Inc. announces a Pursuant to the provisions of the Americans with Disabilities public meeting to which all persons are invited. Act, any person requiring special accommodations to DATE AND TIME: June 10, 2009, 1:00 p.m. – 5:00 p.m. participate in this workshop/meeting is asked to advise the PLACE: Babcock Ranch, 8000 State Road 31, Punta Gorda, agency at least 5 days before the workshop/meeting by Florida 33982 contacting: Electrical Contractors’ Licensing Board at (850)487-8304. If you are hearing or speech impaired, please GENERAL SUBJECT MATTER TO BE CONSIDERED: contact the agency using the Florida Relay Service, Review of Babcock Ranch Recreational Master Plan Report; 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). discussion of long term goals, foundation opportunities, structural management objectives, and report from If any person decides to appeal any decision made by the Management including financial projections and update; Board with respect to any matter considered at this meeting or annual election of officers, and public comments. hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony A copy of the agenda may be obtained by contacting: Carlotta and evidence from which the appeal is to be issued. Stauffer, Division of State Lands, Director’s Office, 3900 Commonwealth Blvd., MS 100, Tallahassee, FL 32399-3000, For more information, you may contact: Electrical Contractors’ (850)245-2555, [email protected]. Licensing Board at (850)487-8304. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The Board of Landscape Architecture announces a telephone participate in this workshop/meeting is asked to advise the conference call to which all persons are invited. agency at least 5 days before the workshop/meeting by DATE AND TIME: June 29, 2009, 2:00 p.m. contacting: Carlotta Stauffer at address above. If you are PLACE: Conference Code: 1(888)808-6959, Access Phone: hearing or speech impaired, please contact the agency using the 9218690 Florida Relay Service, 1(800)955-8771 (TDD) or GENERAL SUBJECT MATTER TO BE CONSIDERED: 1(800)955-8770 (Voice). General Board and Business meeting.

2638 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

For more information, you may contact: Ann hearing or speech impaired, please contact the agency using the Rowe-McMullen, Advisor, Salter-Mitchell, 117 South Florida Relay Service, 1(800)955-8771 (TDD) or Gadsden Street, Tallahassee, FL 32301, www.saltermitchell. 1(800)955-8770 (Voice). com, (850)681-3200 office. The Department of Environmental Protection announces a The Board of Directors of Babcock Ranch, Inc. announces a public meeting to which all persons are invited. public meeting to which all persons are invited. DATE AND TIME: Friday, June 12, 2009, 10:00 a.m. DATE AND TIME: June 11, 2009, 8:30 a.m. – 12:00 Noon PLACE: Brevard County Ag Center, 3695 Lake Drive, Cocoa, PLACE: Babcock Ranch, 8000 State Road 31, Punta Gorda, FL 32396 Florida 33982 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: This is the first meeting for the Indian River Lagoon Basin Tour of Babcock Ranch and property, hosted by Babcock Management Action Plan (BMAP) to discuss implementation Ranch. of Total Maximum Daily Loads (TMDLs) in the Indian River A copy of the agenda may be obtained by contacting: Carlotta Lagoon Basin. The primary topics for discussion are an Stauffer, Division of State Lands, Director’s Office, 3900 overview of the BMAP development process and associated Commonwealth Blvd., MS #100, Tallahassee, FL 32399-3000, technical issues related to BMAP development. (850)245-2555, [email protected]. A copy of the agenda may be obtained by contacting: Ms. Amy Pursuant to the provisions of the Americans with Disabilities Tracy, Department of Environmental Protection, 2600 Blair Act, any person requiring special accommodations to Stone Road, Watershed Planning and Coordination Section, participate in this workshop/meeting is asked to advise the MS 3565, Tallahassee, Florida 32399-2400, (850)245-8506. agency at least 5 days before the workshop/meeting by Pursuant to the provisions of the Americans with Disabilities contacting: Carlotta Stauffer at address above. If you are Act, any person requiring special accommodations to hearing or speech impaired, please contact the agency using the participate in this workshop/meeting is asked to advise the Florida Relay Service, 1(800)955-8771 (TDD) or agency at least 48 hours before the workshop/meeting by 1(800)955-8770 (Voice). contacting: Ms. Amy Tracy at (850)245-8506. If you are For more information, you may contact: Ann hearing or speech impaired, please contact the agency using the Rowe-McMullen, Advisor, Salter-Mitchell, 117 South Florida Relay Service, 1(800)955-8771 (TDD) or Gadsden Street, Tallahassee, FL 32301, www.saltermitchell. 1(800)955-8770 (Voice). com, (850)681-3200 office. The Department of Environmental Protection, Clean The Department of Environmental Protection announces a Boating Partnership announces a public meeting to which all public meeting to which all persons are invited. persons are invited. DATE AND TIME: Thursday, June 11, 2009, 9:00 a.m. DATE AND TIME: June 18, 2009, 8:30 a.m. – 4:30 p.m. PLACE: Jacksonville City Hall, St. James Building, Exam PLACES: Department of Environmental Protection, 3900 Room 3, 117 West Duval Street, Jacksonville, FL 32202 Commonwealth Boulevard, Douglas Building, Room 1037, GENERAL SUBJECT MATTER TO BE CONSIDERED: The Tallahassee, FL 32399 Lower St. Johns River Tributaries (LSJRT) Fecal Coliform Department of Environmental Protection, 2295 Victoria Basin Management Action Plan (BMAP) Technical meetings Avenue, Suite 364, Ft. Myers, FL 33902 were formed to provide a forum for stakeholders to discuss Department of Environmental Protection, 7825 Baymeadows issues related to the LSJRT TMDLs, including development, Way, Jacksonville, FL 32256 allocation, and implementation of the TMDLs. Topics for this Department of Environmental Protection, 3319 Maguire meeting include discussion of the Lower St. Johns River Boulevard, Orlando, FL 32803 Tributaries Fecal Coliform Basin Management Action Plan. Department of Environmental Protection, 160 Government A copy of the agenda may be obtained by contacting: Ms. Amy Center, Pensacola, FL 32502 Tracy, Department of Environmental Protection, 2600 Blair Department of Environmental Protection, 13051 N. Telecom Stone Road, Watershed Planning and Coordination Section, Parkway, Temple Terrace, FL 33637 MS 3565, Tallahassee, Florida 32399-2400, (850)245-8506. Department of Environmental Protection, 400 North Congress Pursuant to the provisions of the Americans with Disabilities Avenue, West Palm Beach, FL 33401 Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Amy Tracy at (850)245-8506. If you are

Section VI - Notices of Meetings, Workshops and Public Hearings 2639 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

GENERAL SUBJECT MATTER TO BE CONSIDERED: speech impaired, please contact the agency using the Florida This video conference is to review discussion items and Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 recommendations concerning the Department of (Voice). Environmental Protection, Clean Marina Program and Clean Vessel Act Program. The Department of Environmental Protection announces a A copy of the agenda may be obtained by contacting: Brenda hearing to which all persons are invited. Leonard, 3900 Commonwealth Blvd., MS #30, Tallahassee, FL DATE AND TIME: August 12, 2009, 2:00 p.m. 32399, (850)245-2847, [email protected]. PLACE: Room 609, Bob Martinez Center, 2600 Blair Stone Pursuant to the provisions of the Americans with Disabilities Road, Tallahassee, FL Act, any person requiring special accommodations to GENERAL SUBJECT MATTER TO BE CONSIDERED: To participate in this workshop/meeting is asked to advise the receive testimony and public comment on the management of agency at least 48 hours before the workshop/meeting by the FY 2009 Drinking Water State Revolving Fund (DWSRF) contacting: Brenda Leonard, 3900 Commonwealth Blvd., MS priority list for drinking water construction projects under #30, Tallahassee, FL 32399, (850)245-2847, Brenda.Leonard Chapter 62-552, Florida Administrative Code (F.A.C.). @dep.state.fl.us. If you are hearing or speech impaired, please Additional program funding of approximately $15 million is contact the agency using the Florida Relay Service, available as a result of the American Recovery and 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Reinvestment Act (ARRA). Construction projects that meet the program and ARRA requirements will be added to the The Department of Environmental Protection, Bureau of fundable portion of the priority list in priority score order, Assessment and Restoration Support announces a workshop to subject to the availability of funds. Projects shall be subject to which all persons are invited. a segment cap limit. The cost of these projects which is in DATE AND TIME: Wednesday, July 22, 2009, 8:30 a.m. – excess of the segment cap will be placed on the contingency 12:00 Noon portion of the list for consideration of funding at a future public PLACE: Marco Island Marriott Beach Resort, Royal/Coconut hearing. To be eligible for funding, all facilities plan Meeting Room, 400 S. Collier Boulevard, Marco Island, documentation shall be submitted to the Department no later Florida than June 30, 2009, and all remaining documents (biddable GENERAL SUBJECT MATTER TO BE CONSIDERED: To plans and specifications, site certifications, and all required present information and receive public comments on proposed permits) as required by the Rule 62-552.700, F.A.C. shall be revisions to Chapters 62-302 and 62-303, F.A.C., regarding the submitted to the Department no later than July 17, 2009. All development of numeric nutrient criteria for streams, lakes, submissions shall be hand delivered or postmarked by the due and springs. This is the second public workshop on this date. subject, following one that will be held on June 17, 2009, in Project sponsors receiving ARRA funds will be required to Tallahassee (previously noticed in the May 15, 2009 issue of award all construction contracts by December 1, 2009. Projects the Florida Administrative Weekly, Vol. 35, No. 19, pp. not meeting this deadline may be bypassed to ensure timely 2311-2312). This meeting will continue discussion of the expenditure of the funds. technical basis for the numeric nutrient criteria for streams, Prior to Department action at the hearing, all interested persons lakes, and springs, and will include discussion of the proposed will have the opportunity to testify regarding the lists and any rule language in Chapters 62-302 and 62-303, F.A.C. proposed actions. The Department may adopt, modify, or deny A copy of the agenda may be obtained by contacting: Eric the proposed actions at the hearing. Shaw, Department of Environmental Protection, Bureau of After the hearing, the Department will file the written Record Assessment and Restoration Support, MS 6511, 2600 Blair of Final Agency Action. A copy of the Record of Final Agency Stone Road, Tallahassee, FL 32399-2400, (850)245-8429 or Action will be made available to persons to any person e-mail: [email protected]. Further information also submitting a timely written request. Such written requests must may be obtained from the Department’s website: be submitted at the hearing or must be filed with the http://www.dep.state.fl.us/water/wqssp/nutrients/index.htm. Department’s Bureau of Water Facilities Funding, 2600 Blair Pursuant to the provisions of the Americans with Disabilities Stone Road, Mail Station #3505, Tallahassee, Florida Act, any person requiring special accommodations to 32399-2400, no later than 5:00 p.m., on the first working day participate in this workshop/meeting is asked to advise the after the public hearing. agency at least 5 days before the workshop/meeting by A copy of the draft priority list may be obtained after August 3, contacting: Eric Shaw at (850)245-8429. If you are hearing or 2009, by contacting: Venkata Panchakarla, Bureau of Water Facilities Funding, at the same address, or by phone at (850)245-8366, e-mail: [email protected].

2640 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of the agenda may be obtained by contacting: Venkata If a person decides to appeal any decision made by the Board Panchakarla after August 3, 2009. with respect to any matter considered at this meeting, he/she Pursuant to the provisions of the Americans with Disabilities will need to ensure that a verbatim record of the proceeding is Act, any person requiring special accommodations to made, which record includes the testimony and evidence upon participate in this workshop/meeting is asked to advise the which the appeal is to be made. Those who are hearing agency at least 5 days before the workshop/meeting by impaired, using TDD equipment can call the Florida Telephone contacting: Venkata Panchakarla at (850)245-8366. If you are Relay System at 1(800)955-8771. hearing or speech impaired, please contact the agency using the Persons requiring special accommodations due to disability or Florida Relay Service, 1(800)955-8771 (TDD) or physical impairment should contact Sue Foster, (850)245-4474 1(800)955-8770 (Voice). at least one week prior to meeting date.

DEPARTMENT OF HEALTH The Board of Nursing Home Administrators announces a public meeting to which all persons are invited. The Board of Acupuncture announces a public meeting to which all persons are invited. DATE AND TIME: Friday, June 19, 2009, 9:00 a.m. (will be held by telephone conference call if necessary) DATE AND TIME: Friday, June 12, 2009, 9:00 a.m. or soon thereafter PLACE: Hyatt Regency, 9300 Airport Boulevard, Orlando, Florida 32827, (407)285-1234 PLACE: Tampa Airport Marriott, Tampa International Airport, Tampa, FL, (813)879-5151 GENERAL SUBJECT MATTER TO BE CONSIDERED: General board business. GENERAL SUBJECT MATTER TO BE CONSIDERED: To A copy of the agenda may be obtained by contacting: Joe conduct general business of the Board. Baker, Jr., Executive Director, Board of Nursing Home A copy of the agenda may be obtained by contacting: Board of Administrators, 4052 Bald Cypress Way, Bin #C07, Acupuncture, 4052 Bald Cypress Way, Bin C-06, Tallahassee, Tallahassee, FL 32399-3257 or accessing Florida 32399-3256. www.doh.state.fl.us/mqa/nurshome/index.html. 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 48 hours before the workshop/meeting by contacting: Board of Acupuncture at (850)245-4161. If you are contacting: Joe Baker, Jr., Executive Director. If you are hearing or speech impaired, please contact the agency using the hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 1(800)955-8770 (Voice). If any person decides to appeal any decision made by the If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued. and evidence from which the appeal is to be issued.

NOTICE OF CORRECTION – The Board of Hearing Aid The Board of Optometry announces a telephone conference Specialists announces a public meeting to which all persons call to which all persons are invited. are invited. DATE AND TIME: Friday, June 12, 2009, 3:00 p.m. DATE AND TIMES: *Correction* July 17, 2009, 9:00 a.m. (Reconsiderations); *Correction* July 17, 2009, 12:00 Noon PLACE: Meet Me Number: 1(888)808-6959, Conference (General Business) Code: 2454393. Department of Health, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida PLACE: Sheraton Sand Key Resort 1160 Gulf Blvd., GENERAL SUBJECT MATTER TO BE CONSIDERED: Clearwater, FL 33767, (727)595-1611 General board business. GENERAL SUBJECT MATTER TO BE CONSIDERED: PCP with Reconsiderations and General Business Meeting. A copy of the agenda may be obtained by contacting: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald A copy of the agenda may be obtained by contacting: Sue Cypress Way, Bin #C07, Tallahassee, FL 32399-3257 or Foster, Executive Director, Department of Health, Board of accessing www.doh.state.fl.us/mqa/optometry/index.html. Hearing Aid Specialists, 4052 Bald Cypress Way, Bin #C08, Tallahassee, FL 32399-3258.

Section VI - Notices of Meetings, Workshops and Public Hearings 2641 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Pursuant to the provisions of the Americans with Disabilities A copy of the agenda may be obtained by contacting: Desi Act, any person requiring special accommodations to Lassiter at (850)245-4055. 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: Joe Baker, Jr., Executive Director, Board of participate in this workshop/meeting is asked to advise the Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, agency at least 48 hours before the workshop/meeting by FL 32399-3257 or accessing www.doh.state.fl.us/mqa/ contacting: Desi Lassiter at (850)245-4055. If you are hearing optometry/index.html. or speech impaired, please contact the agency using the Florida If you are hearing or speech impaired, please contact the Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 agency using the Florida Relay Service, 1(800)955-8771 (Voice). (TDD) or 1(800)955-8770 (Voice). For more information, you may contact: Desi Lassiter at If any person decides to appeal any decision made by the (850)245-4055. Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of DEPARTMENT OF CHILDREN AND FAMILY the proceeding is made, which record includes the testimony SERVICES and evidence from which the appeal is to be issued. The Shared Service Alliance of Okeechobee and the Treasure Coast announces a public meeting to which all The Board of Speech-Language Pathology and Audiology persons are invited. announces a public meeting to which all persons are invited. DATE AND TIME: June 4, 2009, 1:00 p.m. DATE AND TIME: Thursday June 18, 2009, 9:00 a.m. or soon PLACE: Clem C. Benton Building, 337 North US Highway 1, thereafter Suite 327D, Fort Pierce, FL 34950 PLACE: Conference Call Number (888)808-6959 Conference GENERAL SUBJECT MATTER TO BE CONSIDERED: Code Number 245-4597. June Alliance Agenda. GENERAL SUBJECT MATTER TO BE CONSIDERED: To Pursuant to the provisions of the Americans with Disabilities conduct general business of the Board. Act, any person requiring special accommodations to A copy of the agenda may be obtained by contacting: Board of participate in this workshop/meeting is asked to advise the Speech-Language Pathology and Audiology, 4052 Bald agency at least 2 days before the workshop/meeting by Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256. contacting: Linda Poston at (772)467-4177. If you are hearing Pursuant to the provisions of the Americans with Disabilities or speech impaired, please contact the agency using the Florida Act, any person requiring special accommodations to Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 participate in this workshop/meeting is asked to advise the (Voice). agency at least 5 days before the workshop/meeting by contacting: Christy Robinson at (850)245-4588. If you are hearing or speech impaired, please contact the agency using the The Department of Children and Family Services Florida Relay Service, 1(800)955-8771 (TDD) or announces a meeting of the state’s Council on Homelessness to 1(800)955-8770 (Voice). which all parties are invited. If any person decides to appeal any decision made by the DATE AND TIME: June 23, 2009, 9:00 a.m. – 2:30 p.m. Board with respect to any matter considered at this meeting or PLACE: The Salvation Army, 1400 Tenth Street, Sarasota, FL hearing, he/she will need to ensure that a verbatim record of 34230. Conference Call: 1(888)808-6959, Code: 9229760. the proceeding is made, which record includes the testimony GENERAL SUBJECT MATTER TO BE CONSIDERED: The and evidence from which the appeal is to be issued. Council will receive public comments and local presentations, elect officers for the next year, and receive reports and recommendations from its committees for use in developing its The Division of Emergency Medical Operations, Bureau of annual report. Emergency Medical Services, EMS Advisory Council announces a public meeting to which all persons are invited. A copy of the agenda for the meeting can be obtained by contacting: Office on Homelessness at (850)922-4691. DATES AND TIMES: June 29, 2009, 8:00 a.m. – 6:00 p.m.; June 30, 2009, 8:00 a.m. – 6:00 p.m.; July 1, 2009, 9:00 a.m. – Pursuant to Section 286.26, Florida Statutes, any disabled 1:00 p.m. person wishing to access these meetings who may be in need of special assistance should contact the Office on Homelessness, PLACE: The Rosen Centre Hotel, 9840 International Drive, (850)922-4691, at least 48 hours in advance of the meeting. Orlando, FL 32819 GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct general business of the council.

2642 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

NAVIGATION DISTRICTS Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to The West Coast Inland Navigation District announces a participate in this workshop/meeting is asked to advise the public meeting to which all persons are invited. agency at least 5 days before the workshop/meeting by DATE AND TIME: Friday, June 5, 2009, 10:30 a.m. contacting: The ADA Coordinator, (850)488-6411. If you are PLACE: Venice City Hall, 401 W. Venice Avenue, Venice, FL hearing or speech impaired, please contact the agency using the 34285 Florida Relay Service, 1(800)955-8771 (TDD) or GENERAL SUBJECT MATTER TO BE CONSIDERED: To 1(800)955-8770 (Voice). conduct the regular business of the Navigation District. For more information, you may contact: Mark Robson, 2590 A copy of the agenda may be obtained by contacting: WCIND, Executive Center Circle East, Suite 201, Tallahassee, Florida P. O. Box 1845, Venice, FL 34284. 32301, (850)487-0554. If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or The Fish and Wildlife Conservation Commission (FWC), hearing, he/she will need to ensure that a verbatim record of Boating and Waterways Section and Office of Recreation the proceeding is made, which record includes the testimony Services announces a public meeting to which all persons are and evidence from which the appeal is to be issued. invited. DATE AND TIME: June 15, 2009, 6:30 p.m. – 8:00 p.m. FISH AND WILDLIFE CONSERVATION PLACE: Fish and Wildlife Research Institute (FWRI) USF COMMISSION Campus, KAS Auditorium, 100 8th Avenue, S.E., St. The Florida Fish and Wildlife Conservation Commission Petersburg, FL 33701 announces a public meeting to which all persons are invited. GENERAL SUBJECT MATTER TO BE CONSIDERED: The DATE AND TIME: June 15, 2009, 6:00 p.m. – 8:00 p.m. listening sessions are designed to learn about issues of concern PLACE: Gulf Coast Community College, 5230 W. U.S. Hwy. to paddlers and others who use small non-motorized 98, Social Science Building Room #201, Panama City, FL watercraft. Some of the issues FWC staff hope to learn more 32401 about include users’ perspectives on access, navigation, shared DATE AND TIME: June 22, 2009, 6:00 p.m. – 8:00 p.m. use of waterways and safety. PLACE: Brevard Agricultural Center, 3695 Lake Drive, Cocoa A copy of the agenda may be obtained by contacting: Jerrie FL 32926 Lindsey at [email protected] or call (850)410-4951; Lt. Scott Olson at [email protected] or call DATE AND TIME: June 23, 2009, 6:00 p.m. – 8:00 p.m. (850)488-5600. PLACE: IGFA Fishing Hall of Fame and Museum, 300 Gulf Pursuant to the provisions of the Americans with Disabilities Stream Way, Dania Beach, FL 33004 Act, any person requiring special accommodations to DATE AND TIME: June 24, 2009, 6:00 p.m. – 8:00 p.m. participate in this workshop/meeting is asked to advise the PLACE: City of Key Colony Beach-City Hall Building, Mile agency at least 5 days before the workshop/meeting by Marker 53.5, 600 W. Ocean Drive, Key Colony Beach, FL contacting: ADA Coordinator at (850)488-6411. If you are 33051-0141 hearing or speech impaired, please contact the agency using the DATE AND TIME: June 25, 2009, 6:00 p.m. – 8:00 p.m. Florida Relay Service, 1(800)955-8771 (TDD) or PLACE: Punta Gorda City Hall, 326 W. Marion Ave., Punta 1(800)955-8770 (Voice). Gorda, FL 33950 For more information, you may contact: Jerrie Lindsey at GENERAL SUBJECT MATTER TO BE CONSIDERED: The [email protected] or call (850)410-4951; Lt. Scott purpose of these workshops is to examine options for Olson at [email protected] or call (850)488-5600. amending the shark rule (Chapter 68B-44, F.A.C.) to comply with the Atlantic States Marine Fisheries Commission’s The Fish and Wildlife Conservation Commission, Boating Interstate Fishery Management Plan for Atlantic Coastal and Waterways Section and Office of Recreation Services Sharks. Specifically, the Florida Fish and Wildlife announces a public meeting to which all persons are invited. Conservation Commission will be gathering public comments DATE AND TIME: June 23, 2009, 6:30 p.m. – 8:00 p.m. on possible changes to the bag limit, prohibited species, size limits, landing requirements, and gear rules regarding the PLACE: Fish and Wildlife Conservation Commission, South recreational and commercial harvest of sharks in state waters Regional Office, 8535 Northlake Blvd., West Palm Beach, FL of Florida. 33412 GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Mark This listening session is designed to learn about issues of Robson, 2590 Executive Center Circle East, Suite 201, concern to paddlers and others who use small non-motorized Tallahassee, Florida 32301, (850)487-0554.

Section VI - Notices of Meetings, Workshops and Public Hearings 2643 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 watercraft. Some of the issues FWC staff hope to learn more AGENCY FOR ENTERPRISE INFORMATION about include users’ perspectives on access, navigation, shared TECHNOLOGY use of waterways and safety. The Agency for Enterprise Information Technology A copy of the agenda may be obtained by contacting: Jerrie announces a public meeting to which all persons are invited. Lindsey at [email protected] or call (850)410-4951; DATE AND TIME: June 9, 2009, during a regular meeting of Lt. Scott Olson at [email protected] or call the Governor and Cabinet, which begins at 9:00 a.m. (850)488-5600. PLACE: Cabinet Meeting Room, Lower Level, The Capitol, Pursuant to the provisions of the Americans with Disabilities Tallahassee, Florida Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the GENERAL SUBJECT MATTER TO BE CONSIDERED: agency at least 5 days before the workshop/meeting by Approval of the adoption of proposed new Rule 71-1.001, contacting: ADA Coordinator at (850)488-6411. If you are F.A.C. Notice of this proposed adoption was published in the hearing or speech impaired, please contact the agency using the Florida Administrative Weekly on April 10, 2009 (Vol. 35, No. Florida Relay Service, 1(800)955-8771 (TDD) or 14, pp. 1743-1744). Notice of change for this proposed rule 1(800)955-8770 (Voice). was published in the Florida Administrative Weekly on May 1, 2009 (Vol. 35, No. 17, pp. 2080-2081). For more information, you may contact: Jerrie Lindsey at [email protected] or call (850)410-4951; Lt. Scott A copy of the agenda may be obtained by contacting: Agency Olson at [email protected] or call (850)488-5600. for Enterprise Information Technology or on the Cabinet website at http://www.myflorida.com/myflorida/cabinet/. Pursuant to the provisions of the Americans with Disabilities DEPARTMENT OF FINANCIAL SERVICES Act, any person requiring special accommodations to The Department of Financial Services, Division of State participate in this workshop/meeting is asked to advise the Fire Marshal announces a public meeting to which all persons agency at least 2 days before the workshop/meeting by are invited. The meeting will be held in person and by contacting: Agency for Enterprise Information Technology at telephone conference call. (850)922-7502. If you are hearing or speech impaired, please DATE AND TIME: Monday, July 13, 2009, 10:00 a.m. contact the agency using the Florida Relay Service, PLACE: State Fire Marshal Conference Room, Third Floor, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). Atrium, 325 John Knox Road, Tallahassee, Florida 32303 Anyone wishing to attend may attend in person or by telephone CITIZENS PROPERTY INSURANCE CORPORATION conference call. Those attending by telephone conference call The Citizens Property Insurance Corporation, Information should dial (850)413-1591, (SC)293-1591. (Cisco VoIp Systems Advisory Committee announces a telephone Internal callers may reach the conference call by dialing 11591. conference call to which all persons are invited. Once you have dialed the initial number you will be prompted DATE AND TIME: Friday, May 29, 2009, 1:00 p.m. (EST) to enter the Conference ID which is 736078. The connection will be available 5 to 10 minutes before 10:00 a.m. PLACE: 1(866)765-5861 GENERAL SUBJECT MATTER TO BE CONSIDERED: GENERAL SUBJECT MATTER TO BE CONSIDERED: Quarterly meeting of the Florida Fire Safety Board. Agenda items shall include but not be limited to: update on audit activities and response; 2009 key projects; and 1st quarter A copy of the agenda may be obtained by contacting: Donald departmental accomplishments. Rollins, Division of State Fire Marshal, Bureau of Fire Prevention, Regulatory Licensing Section, 200 East Gaines A copy of the agenda may be obtained by contacting: The Street, Tallahassee, FL 32399-0342, (850)413-3628. Citizens website at: https://www.citizensfla.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 48 hours before the workshop/meeting by agency at least 5 days before the workshop/meeting by contacting: Donald Rollins, Division of State Fire Marshal, contacting: Stephanie Martin at 1(866)685-1555, extension Bureau of Fire Prevention, Regulatory Licensing Section at 3751. If you are hearing or speech impaired, please contact the (850)413-3628. If you are hearing or speech impaired, please agency using the Florida Relay Service, 1(800)955-8771 contact the agency using the Florida Relay Service, (TDD) or 1(800)955-8770 (Voice). 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). SOIL AND WATER CONSERVATION DISTRICTS The Broward Soil and Water Conservation District announces a public meeting to which all persons are invited.

2644 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DATE AND TIME: June 3, 2009, 5:00 p.m. DATE AND TIME: June 9, 2009, 8:30 a.m. PLACE: 6191 Orange Drive, Suite 6181-P, Davie, FL 33314 PLACE: To participate in the teleconference meeting, please GENERAL SUBJECT MATTER TO BE CONSIDERED: To contact Kathy Coyne at (941)378-7408. conduct the business of the District Board. GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Agenda topics may include approval of minutes; legislative (954)584-1306 or [email protected]. update; 2009 meeting schedule; Bylaws; operations report; Pursuant to the provisions of the Americans with Disabilities financial report; and committee reports on: 2008 Operations Act, any person requiring special accommodations to Report; budget expense considerations; disaster recovery participate in this workshop/meeting is asked to advise the matters; review of rates, rating plans and policy forms and agency at least 3 days before the workshop/meeting by associated matters to include application forms; 2009 loss ratio contacting: (954)584-1306 or [email protected]. If selection; and program to eliminate the Subplan D deficit; you are hearing or speech impaired, please contact the agency investment marketplace update; compliance review of the using the Florida Relay Service, 1(800)955-8771 (TDD) or current investment portfolio; review of policy and guidelines 1(800)955-8770 (Voice). for the investment of assets and associated matters; investment manager’s performance/selection; and 2009 Investment FLORIDA SPORTS FOUNDATION Committee meeting schedule. A copy of the agenda may be obtained by contacting: Kathy The Florida Sports Foundation announces a telephone Coyne, at (941)378-7408, or from the FWCJUA’s website: conference call to which all persons are invited. www.fwcjua.com. DATE AND TIME: Thursday, June 4, 2009, 8:30 a.m. – 9:30 a.m. SECURE AIRPORTS FOR FLORIDA’S ECONOMY PLACE: Conference Call: 1(888)808-6959, Conference Code: COUNCIL 4888347 GENERAL SUBJECT MATTER TO BE CONSIDERED: The Secure Airports for Florida’s Economy (SAFE) Grant Committee Meeting to review all quarterly regional Council announces a public meeting to which all persons are grant applications. invited. A copy of the agenda may be obtained by contacting: Christy DATE AND TIME: Tuesday, June 9, 2009, 2:00 p.m. (EST) Schnell at (850)488-1297. (1:00 p.m. CST) PLACE: Center for Urban Transportation Research, Boardroom, 4202 E. Fowler Avenue, CUT 100, Tampa, Florida FLORIDA LEAGUE OF CITIES 33620 The Florida Municipal Insurance Trust announces a public GENERAL SUBJECT MATTER TO BE CONSIDERED: The meeting to which all persons are invited. SAFE Council will be holding a teleconference/meeting to DATE AND TIME: Friday, June 5, 2009, 8:30 a.m. discuss the status of SAFE Council initiatives, the legislative PLACE: Ritz Carlton Naples, 2800 Vanderbilt Beach Road, session, election of officers, future direction of the Council, Naples, FL, (239)598-3300 and provisions for administrative support. GENERAL SUBJECT MATTER TO BE CONSIDERED: A copy of the agenda may be obtained by contacting: Melissa Business meeting of the Board of Trustees. McCarville at (813)974-6387, [email protected]. A copy of the agenda may be obtained by contacting: Linda Pursuant to the provisions of the Americans with Disabilities Bridges, Florida League of Cities, Inc., Tallahassee, FL, Act, any person requiring special accommodations to (850)222-9684. 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: Melissa McCarville at (813)974-6387. 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). If any person decides to appeal any decision made by the FLORIDA WORKER’S COMPENSATION JOINT Board with respect to any matter considered at this meeting or UNDERWRITING ASSOCIATION, INC. hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony The Florida Worker’s Compensation Joint Underwriting and evidence from which the appeal is to be issued. Association, Inc., Board of Governors announces a telephone conference call to which all persons are invited.

Section VI - Notices of Meetings, Workshops and Public Hearings 2645 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

For more information, you may contact: Melissa McCarville at trust.org. If you are hearing or speech impaired, please contact (813)974-6387, [email protected]. the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). FLORIDA PORTS COUNCIL GOVERNOR’S COMMISSION ON DISABILITIES The Florida Seaport Transportation and Economic Development Council (FSTED) announces a public meeting The Governor’s Commission on Disabilities announces a to which all persons are invited. telephone conference call to which all persons are invited. DATE AND TIME: Wednesday, June 10, 2009, 1:30 p.m. – DATES AND TIME: Wednesday, June 3, 2009; Thursday, 5:00 p.m. May 4, 2009, 9:00 a.m. – 5:00 p.m. or until close of business PLACE: Hilton Miami Downtown, Concerty Ballroom D, (There will be opportunities for public comment on both days) 1601 Biscayne Boulevard, Miami, FL 33132 PLACE: Rosen Centre Hotel, 9840 International Drive, GENERAL SUBJECT MATTER TO BE CONSIDERED: Orlando, FL 32819, (407)996-9840. Conference Call: General Business. 1(888)808-6959, Conference Code: 6101108#. The Remote A copy of the agenda may be obtained by contacting: Toy Cart Link is: http://streamtext.com/text.aspx?event=FGC Keller at (850)222-8028. GENERAL SUBJECT MATTER TO BE CONSIDERED: The Pursuant to the provisions of the Americans with Disabilities commission is meeting to fulfill the mandate of Executive Act, any person requiring special accommodations to Order 08-193. participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: Stacia agency at least 5 days before the workshop/meeting by Woolverton at 1(877)232-4968 (Voice/TTY) or commission@ contacting: Toy Keller at (850)222-8028. If you are hearing or dms.myflorida.com. speech impaired, please contact the agency using the Florida Pursuant to the provisions of the Americans with Disabilities Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 Act, any person requiring special accommodations to (Voice). participate in this workshop/meeting is asked to advise the For more information, you may contact: Toy Keller at agency at least 4 days before the workshop/meeting by (850)222-8028. contacting: Stacia Woolverton at 1(877)232-4968 (Voice/TTY) or [email protected]. THE ABLE TRUST If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 The Able Trust announces a public meeting to which all (TDD) or 1(800)955-8770 (Voice). persons are invited. Please be advised that if you intend to provide materials to the DATE AND TIME: Friday, June 12, 2009, 9:00 a.m. – Commissioners for review, the materials must be available in conclusion alternative formats in advance of dispersal to the PLACE: Golden Eagle Golf & Country Club, 3700 Golden Commissioners. If you need assistance in converting files to Eagle Drive, Tallahassee, FL 32312 alternative formats, please send them to: commission@ GENERAL SUBJECT MATTER TO BE CONSIDERED: The dms.myflorida.com. Able Trust (Florida Governor’s Alliance for the Employment of Citizens with Disabilities) will hold its quarterly Board of FLORIDA BIRTH RELATED NEUROLOGICAL Directors Meeting and its Annual Meeting of the organization. INJURY COMPENSATION ASSOCIATION The agenda for the Board meeting will include adopting a budget for the next fiscal year, and other business that may The Florida Birth Related Neurological Injury come before the organization. The Annual Meeting is Compensation Association announces a public meeting to scheduled to immediately follow the Board of Directors which all persons are invited. meeting. DATE AND TIME: June 19, 2009, 8:00 a.m. A copy of the agenda may be obtained by contacting: Able PLACE: Marriott – West Palm Beach, 1001 Okeechobee Trust at (850)224-4493 or at [email protected]. Blvd., West Palm Beach, FL 33401 Pursuant to the provisions of the Americans with Disabilities GENERAL SUBJECT MATTER TO BE CONSIDERED: Act, any person requiring special accommodations to General. participate in this workshop/meeting is asked to advise the A copy of the agenda may be obtained by contacting: Minnie agency at least 4 days before the workshop/meeting by Patrick at (850)488-8191. contacting: Able Trust at (850)224-4493 or at info@able

2646 Section VI - Notices of Meetings, Workshops and Public Hearings Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

FLORIDA INSURANCE GUARANTY ASSOCIATION Please refer all comments to: Peter N. Stoumbelis, Senior Assistant General Counsel, 2900 Apalachee Parkway, A-432, The Florida Insurance Guaranty Association, Board of Tallahassee, FL 32399, (850)617-3101. Directors announces a public meeting to which all persons are invited. DATE AND TIME: Thursday, June 25, 2009, 9:00 a.m. (EST) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION PLACE: via Teleconference GENERAL SUBJECT MATTER TO BE CONSIDERED: The NOTICE IS HEREBY GIVEN THAT the Division of Florida FIGA Board will meet regarding the general business of the Condominiums, Timeshares, and Mobile Homes, Department Association. Some of the agenda items are Plan of Operation, of Business and Professional Regulation, State of Florida, has Conflict of Interest Policy and TPA/Adjuster contracts. issued an order disposing of the petition for declaratory A copy of the agenda may be obtained by contacting: Cathy statement filed by Brickell Bay Club Condominium Irvin at agfgroup.org or (850)386-9200. Association, Inc. on March 4, 2009. The following is a Pursuant to the provisions of the Americans with Disabilities summary of the agency's disposition of the petition: Act, any person requiring special accommodations to The Division finds that Brickell Bay Club Condominium participate in this workshop/meeting is asked to advise the Association, Inc. must vote to reaffirm a bylaw amendment agency at least 48 hours before the workshop/meeting by establishing two-year staggered terms passed by a majority of contacting: Cathy Irvin at agfgroup.org or (850)386-9200. If unit owners under Section 718.112(2)(d)1., Florida Statutes you are hearing or speech impaired, please contact the agency (2008). using the Florida Relay Service, 1(800)955-8771 (TDD) or A copy of the Order Disposing of the Petition for Declaratory 1(800)955-8770 (Voice). Statement may be obtained by contacting: Division Clerk, Department of Business and Professional Regulation, Division Section VII of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217. Notices of Petitions and Dispositions Please refer all comments to: Janis Sue Richardson, Chief Regarding Declaratory Statements Assistant General Counsel, Department of Business and Professional Regulation, Division of Florida Condominiums, BOARD OF TRUSTEES OF THE INTERNAL Timeshares, and Mobile Homes, 1940 North Monroe Street, IMPROVEMENT TRUST FUND Tallahassee, Florida 32399-2202. Notices for the Board of Trustees of the Internal Improvement NOTICE IS HEREBY GIVEN THAT the Division of Florida Trust Fund between December 28, 2001 and June 30, 2006, go Condominiums, Timeshares, and Mobile Homes, Department to http://www.dep.state.fl.us/ under the link or button titled of Business and Professional Regulation, State of Florida, has “Official Notices.” received the petition for declaratory statement from Robert J. Dewire, Petitioner/Unit Owner, In Re: Windjammer Point DEPARTMENT OF HIGHWAY SAFETY AND MOTOR Condominium Association, Inc. The petition seeks the VEHICLES agency’s opinion as to the applicability of Section 718.113(2), NOTICE IS HEREBY GIVEN THAT the Department of Florida Statutes as it applies to the petitioner. Highway Safety and Motor Vehicles has received the petition Whether Windjammer Point Condominium Association, Inc.’s for declaratory statement from Toyota Tsusho America, Inc. addition of boat lifts to the limited common element boat docks The petition seeks the agency’s opinion as to the applicability is a material alteration or substantial addition under article of Section 320.645, Florida Statutes, as it applies to the 13(A) of the declaration of condominium and Section petitioner. 718.113(2), Florida Statutes, requiring 75% approval of the The petition requests a statement as to whether the restrictions unit owners. upon ownership of a dealership by a licensee provided in A copy of the Petition for Declaratory Statement may be Section 320.645, Florida Statutes (2008), apply to Petitioner obtained by contacting: Division Clerk, Department of Toyota Tsusho America, Inc., so as to prohibit it from owning Business and Professional Regulation, Division of Florida and operating Toyota automobile dealerships, some of which Condominiums, Timeshares, and Mobile Homes, 1940 North may include Lexus franchises, in the State of Florida. Monroe Street, Tallahassee, Florida 32399-2217. A copy of the Petition for Declaratory Statement may be obtained by contacting: Peter N. Stoumbelis, Senior Assistant General Counsel.

Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 2647 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Please refer all comments to: Janis Sue Richardson, Chief A copy of the Order Denying Amended Petition for Assistant General Counsel, Department of Business and Declaratory Statement may be obtained by contacting: Michael Professional Regulation, Division of Florida Condominiums, H. Davidson, Assistant General Counsel, Department of Timeshares, and Mobile Homes, 1940 North Monroe Street, Financial Services, Division of Legal Services, 200 East Tallahassee, Florida 32399-2202. Gaines Street, Tallahassee, Florida 32399-0390.

NOTICE IS HEREBY GIVEN THAT the Division of Florida NOTICE IS HEREBY GIVEN THAT the Department of Condominiums, Timeshares, and Mobile Homes, Department Financial Services, Division of State Fire Marshal has issued of Business and Professional Regulation, State of Florida, has an order disposing of the petition for declaratory statement received the petition for declaratory statement from Walter L. filed by Cold Fire Law Enforcement Florida, LLC, Case Elden and Thomas Hroncich, Unit Owners/Petitioners, In Re: #103050-09-FM on March 3, 2009. The following is a Crane Lakes Homeowners’ Association, Inc. The petition summary of the agency’s disposition of the petition: seeks the agency’s opinion as to the applicability of Section The subject of the Petition is whether the sale of a fire 723.078(2)(b), Florida Statutes, and the bylaws. as it applies to suppressant, either by itself, or loaded into a container, requires the petitioner. a license as a fire equipment dealer. The answer is no. The sale Whether Crane Lakes Homeowners’ Association, Inc.’s use of of fire suppressant and fire suppressant equipment does not a limited proxy form as an absentee ballot complies with require a license; however, when the product is sold, it must Section 723.078(2)(b), Florida Statutes, and the bylaws. meet all of the requirements of Section 633.065, Florida A copy of the Petition for Declaratory Statement may be Statutes, and may be installed, recharged, serviced, repaired, obtained by contacting: Division Clerk, Department of tested, marked, inspected and hydrotested only by a dealer Business and Professional Regulation, Division of Florida licensed by the Department in accordance with Section Condominiums, Timeshares, and Mobile Homes, 1940 North 633.061, Florida Statutes. Monroe Street, Tallahassee, Florida 32399-2217. A copy of the Order Disposing of the Petition for Declaratory Please refer all comments to: Janis Sue Richardson, Chief Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, Department of Business and Assistant General Counsel, 200 East Gaines Street, Professional Regulation, Division of Florida Condominiums, Tallahassee, FL 32399-0340, or by e-mailing your request to Timeshares, and Mobile Homes, 1940 North Monroe Street, [email protected]. Tallahassee, Florida 32399-2202. NOTICE IS HEREBY GIVEN THAT the Department of DEPARTMENT OF ENVIRONMENTAL PROTECTION Financial Services, Division of State Fire Marshal has issued an order disposing of the petition for declaratory statement Notices for the Department of Environmental Protection filed by William Jolley, Case #103069-09-FM on March 6, between December 28, 2001 and June 30, 2006, go to 2009. The following is a summary of the agency’s disposition http://www.dep.state.fl.us/ under the link or button titled of the petition: “Official Notices.” The subject of the Petition is the code requirements for monitored fire alarm systems in new and existing structures. DEPARTMENT OF FINANCIAL SERVICES Fire suppression systems in existing structures are not required NOTICE IS HEREBY GIVEN THAT the Department of to be monitored under certain prescribed circumstances; Financial Services has issued a Final Order Denying Amended however, fire suppression systems are required to be monitored Petition for Declaratory Statement filed May 15, 2009. The in new structures. Monitoring requires the system to following is a summary of the agency’s disposition of the automatically notify the authority having jurisdiction when the petition: On April 15, 2009, the Department of Financial suppression system is activated. The Petitioner wants to know Services (Department) filed an Amended Order Denying Petition whether a structure that was required to be monitored when for Declaratory Statement with the Petitioner Saundra Padgett, new, is no longer required to be monitored once it is inspected instructing Ms. Padgett that the Petition for Declaratory as an existing structure. The answer is found in National Fire Statement would be denied if adequate information was not Protection Association standard 101-4.6.12.1, adopted by rule received. No response had been received. of the Department, which requires that once an existing life safety feature is installed, it cannot be removed or reduced where such feature is required for new construction.

2648 Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of the Order Disposing of the Petition for Declaratory number on your request in case any question arises), or by Statement may be obtained by contacting: Lesley Mendelson, e-mailing your request to Lesley.Mendelson@myflorida Assistant General Counsel, 200 East Gaines Street, cfo.com. Tallahassee, FL 32399-0340, or by e-mailing your request to [email protected]. Section VIII Notices of Petitions and Dispositions NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has issued Regarding the Validity of Rules an order disposing of the petition for declaratory statement filed by Anthony Roseberry, Chief, Darden Restaurants, Inc., Notice of Petition for Administrative Determination has Intervener, Case #103061-09-FM on March 3, 2009. The been filed with the Division of Administrative Hearings on following is a summary of the agency’s disposition of the the following rules: petition: The subject of the Petition is fire suppression system NONE requirements for Intervener’s Gas Radiant Char Broilers in its three Red Lobster restaurants located in the City of Notice of Disposition of Petition for Administrative Jacksonville, Florida. The Petitioner wants to know whether Determination have been filed by the Division of the broilers must meet the requirements for solid fueled fire Administrative Hearings on the following rules: suppression systems because wood chips are added to the gas fired broilers for flavor enhancement. The answer is no. The NONE subject CSA certified Gas Radiant Char Broilers are gas fueled; therefore, the suppression system need not be UL listed Section IX for solid fuels, nor meet the requirements of solid fueled fire Notices of Petitions and Dispositions suppression systems. A copy of the Order Disposing of the Petition for Declaratory Regarding Non-rule Policy Challenges Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, NONE Tallahassee, FL 32399-0340, or by e-mailing your request to [email protected]. Section X Announcements and Objection Reports of NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has received the Joint Administrative Procedures the petition for declaratory statement from Shields Family Committee R.L.L.P. on May 15, 2009. The petition seeks the agency’s opinion as to the applicability of on subsection 69A-60.007(5), NONE F.A.C., as it applies to the petitioner. For existing apartment buildings which are less than 3 stories and 11 dwelling units, is: (1) NFPA 101 section 31.3.4.5.2 as Section XI made applicable to them by section 31.3.4.5.1 to be construed Notices Regarding Bids, Proposals and as permitting single-station battery powered smoke alarms Purchasing within the buildings, so long as they are installed in accordance with NFPA 101 section 9.6.2.9?; and (2) can NFPA 101 section DEPARTMENT OF EDUCATION 9.6.2.9 as applied to these same buildings through section 31.3.4.5.1 be a basis for a mandatory requirement that all NOTICE TO DESIGN BUILDERS smoke alarms in the buildings be hard-wired? The University of Central Florida on behalf of its Board of A copy of the Petition for Declaratory Statement may be Trustees announces that Professional Services in the discipline obtained by contacting: Lesley Mendelson, Assistant General of design/build will be required for the project listed below: Counsel, 200 East Gaines Street, Tallahassee, Florida Project and Location: University of Central Florida, Main 32399-0340, (850)413-3604, or (850)413-4238, Fax: Campus, Orlando, Florida 32816-3020. (850)922-1235 or (850) 488-0697 (please advise if you would The project consists of the design and construction of minor like it mailed or faxed to you and please include your phone projects for the university. Minor projects are defined as projects with a value of up to $1,000,000.00.

Section VIII - Notices of Petitions and Dispositions Regarding the Validity of Rules 2649 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

FORM OF PROPOSALS excess of $15,000.00 in connection with this project for a It is the University’s intention to have professionals in the period of 36 months from the date of placement on the disciplines of design/build for this project. convicted vendor list. The selected design/build firm will provide design, Carefully review the Design/Build Contract and General construction documents, and administration for the referenced Condition’s documents. Submitting a proposal for this project project. Blanket professional liability insurance for the constitutes complete agreement with and acceptance of the design/builder will be required for this project in the amount of terms and conditions contained within these documents. These $250,000 and will be provided as a part of Basic Services. documents can be found on our website at www.fp.ucf.edu Five (5) bound copies of the required proposal data shall be with the advertisement. submitted to: Ms. Gina Seabrook, Facilities Planning, 4000 INSTRUCTIONS FOR DESIGN/BUILDERS Central Florida Blvd., Post Office Box 163020, Orlando, FL All applicants must be licensed to practice as general 32816-3020. Submittals must be received by 4:30 p.m. (Local contractors in the State of Florida at the time of application. Time), June 30, 2009. Facsimile (FAX) submittals are not Corporations must be registered to operate in the State of acceptable and will not be considered. Late submissions will Florida by the Department of State, Division of Corporations, not be accepted. at the time of application. As required by Section 287.133, The committee members have elected not to meet with F.S., a construction management firm may not submit a proposed firms. proposal for this project if it is on the convicted vendor list for INSTRUCTIONS FOR DESIGN/BUILDERS a public entity crime committed within the past 36 months. The Design/Build firms desiring to apply for consideration must selected construction management firm must warrant that it include a letter of application and should have attached: will neither utilize the services of, nor contract with, any 1. The most recent version of the Florida Board of Education supplier, subcontractor, or consultant in excess of $15,000.00 “Professional Qualifications Supplement” (PQS) dated in connection with this project for a period of 36 months from 7/03, completed by the applicant. Do not alter the PQS the date of their being placed on the convicted vendor list. form. DESIGN/BUILD CONTRACT 2. A copy of the firms current Professional Registration The contract for design/build services will consist of two Certificates from the appropriate governing board. An phases. Phase one will consist of the development of applicant must be properly registered at the time of construction documents and the development of a Guaranteed application to practice its profession in the State of Maximum Price (GMP) at 50% construction documents. If the Florida. If the applicant is a corporation, it must be GMP is accepted, phase two, the construction phase, will be chartered by the Florida Department of State to operate in implemented. In phase two of the contract, the design/builder Florida. becomes the single point of responsibility for performance of 3. The most recent version of the Florida Board of Education the construction of the project and shall publicly bid trade “Revised Construction Manager Qualifications contracts. Failure to negotiate an acceptable GMP within the Supplement” (CMQS) dated 02/02. Do not alter the time provided in the agreement may result in the termination of CMQS form. the design/builder’s contract. Applications that do not comply with all instructions may be PROJECT FACT SHEET disqualified. Application materials will not be returned. Project Fact Sheet contains the selection criteria which is the Selection of finalists for interviews will be made on the basis primary basis for determining the shortlist. The Project Fact of design/builder’s qualifications separately, including Sheet, Professional Qualifications Supplement forms, experience and ability; past experience; bonding capacity; cost Construction Manager Qualifications Supplement forms, estimating; qualification of the firm's personnel, staff and descriptive project information, and selection criteria may be consultants; and ability to include minority business enterprise obtained by contacting: Ms. Gina Seabrook, University of participation. Finalists will be provided with a description of Central Florida at (407)823-2166, Fax (407)823-5141, e-mail: the final interview topics. The Selection Committee may reject [email protected], Web site: www.fp.ucf.edu. all proposals and stop the selection process at any time. The plans and specifications for Florida Board of Education PUBLIC ANNOUNCEMENT OF ARCHITECT – projects are subject to reuse in accordance with the provisions ENGINEERING SERVICES SELECTION RESULTS of Section 287.055, F.S. As required by Section 287.133, F.S., The Florida School for the Deaf and the Blind announces that a consultant may not submit a proposal for this project if it is on the date listed below ranking was determined and intent was on the convicted vendor list for a public entity crime issued to negotiate and enter into a contract for Architect committed within the past 36 months. The selected consultant Engineering services in accordance with the Consultants must warrant that it will neither utilize the services of, nor Competitive Negotiation Act, for the following: contract with, any supplier, subcontractor, or consultant in

2650 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DATE: May 7, 2009 The award will be made in accordance with Section 255.29, NAME OF AGENCY: Florida School for the Deaf and the F.S., and the procedures and criteria of the Departments Blind Division of Real Estate Development and Management. PROJECT NUMBER: 20090004 Please visit the Department’s Website http://fcn.state.fl.us/ PROJECT NAME: Campus Wide Improvement Project owa_vbs/owa/vbs_www.main_menu and click on “Search 1. Akel Logan Shafer Architects Advertisements – Division of Real Estate Development and 2. Fisher Koppenhafer Architecture Management” Look for “Opportunities for Design and Construction Firms” and click on link. 3. Stuebben Architecture

PUBLIC ANNOUNCEMENT OF CONSTRUCTION DEPARTMENT OF ENVIRONMENTAL PROTECTION MANAGEMENT SELECTION RESULTS Notices for the Department of Environmental Protection The Florida School for the Deaf and the Blind announces that between December 28, 2001 and June 30, 2006, go to on the date listed below ranking was determined and intent was http://www.dep.state.fl.us/ under the link or button titled issued to negotiate and enter into a contract for Construction “Official Notices.” Management Services in accordance with the Consultants Competitive Negotiation Act, for the following: NOTICE OF INVITATION TO BID DATE: May 12, 2009 BID NO. BDC 103-08/09 NAME OF AGENCY: Florida School for the Deaf and the The Department of Environmental Protection, Division of Blind Recreation and Parks, Bureau of Design and Construction is PROJECT NUMBER: FSDB 20090004 soliciting formal competitive bids from Certified or Registered PROJECT NAME: Campus Wide Improvement Project General Contractors or Florida Department of Transportation 1. Elkins Construction Paving Contractors licensed to work in the jurisdiction for the 2. PPI Construction project listed below: 3. Allstate Construction PROJECT NAME: Little Talbot Island State Park-Resurfacing Day-Use Parking Area BOARD OF TRUSTEES OF THE INTERNAL SCOPE OF WORK: The contractor shall provide all labor, IMPROVEMENT TRUST FUND materials, equipment and supervision to resurface the entire day-use area with 1.5 inches of type SP-9.5 (Superpave) and Notices for the Board of Trustees of the Internal Improvement restripe using thermoplastic striping reusing existing wheel Trust Fund between December 28, 2001 and June 30, 2006, go stops. to http://www.dep.state.fl.us/ under the link or button titled PROJECT BUDGET: $180,000.00 “Official Notices.” PARK LOCATION: Little Talbot Island State Park, 12157 Heckscher Dr., Jacksonville, Florida. DEPARTMENT OF MANAGEMENT SERVICES PROJECT MANAGER: Tom Napier, Bureau of Design and BIDS FOR BUILDING CONTRACTORS Construction, Alfred B. Maclay Gardens State Park, 3540 PROPOSALS ARE REQUESTED FROM QUALIFIED Thomasville Road, Tallahassee, FL 32309, (850)488-5372, BUILDING CONTRACTORS BY THE DEPARTMENT OF Fax: (850)488-1141. MANAGEMENT SERVICES. MINORITY BUSINESS REQUIREMENT: The Department PROJECT NUMBER: MSFM-28004008 of Environmental Protection supports diversity in its PROJECT NAME: Restoration of Vacant Gutted Space, Suite Procurement Program and requests that all sub-contracting 124, Collins Building opportunities afforded by this bid embrace diversity enthusiastically. The award of sub-contracts should reflect the PROJECT LOCATION: Tallahassee, Florida full diversity of the citizens of the State of Florida. The MANADATORY PRE-BID MEETING: June 16, 2009, 10:00 Department will be glad to furnish a list of Minority Owned a.m., Project Site: Collins Building Firms that could be offered sub-contracting opportunities. BID OPENING: June 30, 2009 PREQUALIFICATION: When the total Bid including ESTIMATED BASE BID CONSTRUCTION BUDGET: Alternates exceeds $200,000, each Bidder whose field is $300,000.00 governed by Chapter 399, 455, 489 or 633, Florida Statutes, for PREQUALIFIED BIDDERS: Refer to DMS Website (below) licensure or certification, must submit the following for further details prequalification data of their eligibility to submit bids 240 hours (10 days) PRIOR TO the Bid Opening date, unless the Bidder has been previously qualified by the Department of

Section XI - Notices Regarding Bids, Proposals and Purchasing 2651 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Environmental Protection for the current biennium (July 120.57, F.S., and Chapter 28-110, Florida Administrative 1-June 30) of odd numbered years in accordance with Code. A bid protester shall comply with these statutes and subsection 60D-5.004(2), F.A.C., as evidenced by a letter from rules. DEP to the Bidder, which letter shall be presented to DEP upon request. If the Department requires clarification or additional DEPARTMENT OF MILITARY AFFAIRS information, Bidder shall submit such information by 120 hours (5 days) prior to Bid Opening. Material submitted after REQUESTING QUALIFICATIONS those deadlines shall disqualify the Bidder. FOR DESIGN – BUILD FIRMS INSTRUCTIONS: Any firm desiring plans and bid The State of Florida, Department of Military Affairs (DMA), specifications for this project may obtain a copy by writing the Construction and Facility Management Office (CFMO) address or calling the telephone number below. Compact Disk requests qualifications from your firm for Design-Build (CD) containing the plans and specifications will be available Services for the Project Number 208016 for a new Engagement on May 29, 2009, Little Talbot Island State Park, 12157 Simulation Training (EST) facility to be located at Camp Heckscher Dr., Jacksonville, Florida 32226. Attention: Robert Blanding Joint Training Center, 5629 State Road 16, West, Joseph, Park Manager, Telephone: (904)251-2320, Fax: Starke, Florida 32091. (904)251-2325. You must go to the Vendor Bid System on the myflorida.com ADA REQUIREMENTS: Any person with a qualified myfloridamarketplace website: http://vbs.dms.state.fl.us/vbs/ disability shall not be denied equal access and effective main_menu for complete submission requirements and communication regarding any bid/proposal documents or the information. attendance at any related meeting or bid/proposal opening. If POINT OF CONTACT: Department of Military Affairs, accommodations are needed because of disability, please Construction and Facility Management Office, Contracting contact: Michael Renard, Bureau of Design and Construction, Branch (904)823-0255 or 0252, e-mail: cfmocontracting@ (850)488-5372 at least five (5) workdays prior to openings. If fl.ngb.army.mil. you are hearing or speech impaired, please contact the Florida SERVICES TO BE PROVIDED: CFMO will contract with a Relay Services by calling 1(800)955-8771 (TDD) or single contract entity whose Design-Build team shall provide 1(800)955-8770 (Voice). all services including, but not necessarily limited to site BID SUBMITTAL DUE DATE: No later than 3:30 p.m. (ET), investigation, survey (topographical and utility), soils report, Tuesday, June 23, 2009, to the below address: Florida preconstruction, programming, schematic and preliminary Department of Environmental Protection, Bureau of Design designs, constructability reviews, complete design and and Construction, 3540 Thomasville Road, Tallahassee, engineering, life cycle cost analysis, construction documents, Florida 32309, Attention: Michael Renard, Construction specifications, detailed line-item construction cost estimates, Projects Administrator, Bureau of Design and Construction, procurement, permitting and permits, bidding, labor, materials, (850)488-5372. The Department reserves the right to reject any equipment, construction management, and construction or all bids. required to provide a complete facility. The selected BID POSTING DATE: No later than 2:00 p.m. (ET), Tuesday, Design-Build team is required to deliver this project within or June 30, 2009, unless extended by the Department for good under the approved budget of $535,000. cause. PROJECT DESCRIPTION: This project will consist of NOTICE OF RIGHTS: Notice of Intent to Protest the Bid installing a 50 foot by 150 foot metal pre-engineered building Specifications must be filed with (received by) the Agency with two 12 foot by 12 foot roll up doors at each end. The Clerk, Lea Crandall, Department of Environmental Protection, building will have an interior ceiling height of 16 feet to Office of General Counsel, MS 35, 3900 Commonwealth accommodate the Engagement Simulation Training Equipment Blvd., Tallahassee, FL 32399-3000, (850)245-2242, Fax: and other simulation devices. A 3 foot by 7 foot door will be (850)245-2303, email: [email protected], during required for entry into the building. The facility has to meet the the 72-hour period after Bid Specifications are posted on the Specifications as per TC-25-8. Vendor Bid System. Failure to file a Notice of Intent to Protest The structure will include male/female latrines, storage or a formal, written Protest in accordance with Chapter 28-110, controller rooms, scenario rooms, and classroom. Building F.A.C., within ten days after the 72-hour period ends, as requires HVAC and required electrical service for building prescribed in Section 120.57(3), Florida Statutes, shall components. constitute a waiver of your right to an administrative hearing on the Bid Specifications under Chapter 120, Florida Statutes. Rules for bid protests can be found in Sections 120.569 and

2652 Section XI - Notices Regarding Bids, Proposals and Purchasing Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

The building will need to meet current Florida Building Codes DEPARTMENT OF COMMUNITY AFFAIRS and ADA requirements. The structure will be engineered to DCA09-OR-144 meet applicable wind load requirements for the area. Antiterrorism/Force Protection (AT/FP) requirements will have STATE OF FLORIDA to be met. DEPARTMENT OF COMMUNITY AFFAIRS SUBMITTAL DUE DATE: Tuesday, June 30, 2009, 4:30 p.m. In Re: LAKE COUNTY LAND DEVELOPMENT REGULATIONS APPROVED BY TECHNOLOGICAL RESEARCH AND LAKE COUNTY ORDINANCE NO. 2009-19 DEVELOPMENT AUTHORITY ______/ FINAL ORDER Request for Qualifications Architectural and Engineering The Department of Community Affairs (the Services for the TRDA Business Innovation Center Expansion “Department”) hereby issues its Final Order, pursuant to A&E Services NOTICE IS HEREBY GIVEN that TRDA §§ 380.05(6) and (11), Florida Statutes, (2008), approving a seeks proposals from qualified architects for design and land development regulation adopted by a local government construction documents for Phase II of an original Master Plan within the Green Swamp Area of Critical State Concern as set for expansion of a business incubation facility. Responses must forth below. be submitted in accordance with the RFQ posted on FINDINGS OF FACT www.trda.org/contact_us/rfps.asp. 1. The Green Swamp Area is a statutorily designated area of critical state concern, and Lake County is a local Section XII government within the Green Swamp Area. Miscellaneous § 380.0551(1), Florida Statutes (2008). 2. On May 8, 2009, the Department received for review Lake DEPARTMENT OF STATE County Ordinance 2009-19 (“Ord. No. 2009-19”) adopted by the Lake County Board of County Commissioners on The Division of Historical Resources announces that it will April 21, 2009. solicit applications for Special Category grants-in-aid 3. Ord. No. 2009-19 creates Section 9.09.00 establishing assistance for historic preservation projects from July 1, 2009 standards for noise protection and amends Chapter 14, to August 31, 2009. Appendix E of the Lake County Code revising the The deadline for submitting applications online is August 31, submittal requirements for preliminary plats, construction 2009 before 12:00 a.m., midnight. The required paper copy and plans, site plans, and master park plans to include the attachments must be either delivered to: Bureau of Historic requirement for a noise study when new development and Preservation office before 5:00 p.m., August 31, 2009, or be nearby properties differ in uses. clearly postmarked or show evidence of submission to an CONCLUSIONS OF LAW express mail service on or before that date. 4. The Department is required to approve or reject land Applications will be reviewed in a public meeting of the development regulations that are enacted, amended or Florida Historical Commission on November 16-19, 2009, rescinded by any local government in the Green Swamp from 9:00 a.m. to 5:00 p.m. in the R. A. Gray Building, Area of Critical State Concern. §§ 380.05(6) and (11), Heritage Hall (Auditorium), 500 South Bronough Street, Florida Statutes (2008). Tallahassee, Florida. 5. Lake County is a local government within the Green More information may be accessed online at http://www. Swamp Area of Critical State Concern. § 380.0551, flheritage.com/grants, by writing: Preservation Services/Grants Florida Statutes (2008) and Rule Chapter 28-26, Florida -in-Aid Program, Bureau of Historic Preservation, R. A. Gray Administrative Code. Building, 500 South Bronough Street, 4th Floor, Tallahassee, Florida 32399-0250, by calling grants staff at 1(800)847-7278, or by emailing: Crista Hosmer at [email protected].

Section XII - Miscellaneous 2653 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

6. “Land development regulations” include local zoning, FLORIDA STATUTES, REGARDING THE AGENCY’S subdivision, building and other regulations controlling the ACTION. DEPENDING UPON WHETHER YOU ALLEGE development of land. § 380.031(8), Florida Statutes ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR (2008). The regulations adopted by the Ordinances are PETITION REQUESTING AN ADMINISTRATIVE land development regulations. PROCEEDING, YOU ARE ENTITLED TO EITHER AN 7. All land development regulations enacted, amended or INFORMAL PROCEEDING OR A FORMAL HEARING. rescinded within an area of critical state concern must be IF YOUR PETITION FOR HEARING DOES NOT consistent with the principles for guiding development for ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT that area. § 380.05(6), Florida Statutes; see Rathkamp v. CONTAINED IN THE DEPARTMENT’S ACTION, THEN Department of Community Affairs, 21 F.A.L.R. 1902 THE ADMINISTRATIVE PROCEEDING WILL BE AN (Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d DCA INFORMAL ONE, CONDUCTED PURSUANT TO 1999). The principles for guiding development in the SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES, Green Swamp Area of Critical State Concern are set forth AND CHAPTER 28-106, PARTS I AND III, FLORIDA in Rule 28-26.003, Florida Administrative Code. ADMINISTRATIVE CODE. IN AN INFORMAL (“Principles”). ADMINISTRATIVE PROCEEDING, YOU MAY BE 8. Ord. No. 2009-19 promotes and furthers the following REPRESENTED BY COUNSEL OR BY A QUALIFIED Principles: consistent with the Principles in subsection REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN 28-26.003(1), Florida Administrative Code, Objectives to OR ORAL EVIDENCE IN OPPOSITION TO THE Be Achieved: DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR (a) Minimize the adverse impacts of development on YOU MAY EXERCISE THE OPTION TO PRESENT A resources of the Floridian Aquifer, wetlands, and WRITTEN STATEMENT CHALLENGING THE GROUNDS flood-retention areas. UPON WHICH THE DEPARTMENT HAS CHOSEN TO (b) Protect the normal quantity, quality and flow of ground JUSTIFY ITS ACTION OR INACTION. water and surface water which are necessary for the IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT protection of resources of state and regional concern. STATED IN THE AGENCY ACTION, THEN YOU MAY 9. Ord. No. 2009-19 is not inconsistent with the remaining FILE A PETITION REQUESTING A FORMAL Principles. Ord. No. 2009-19 is consistent with the ADMINISTRATIVE HEARING BEFORE AN Principles for Guiding Development as a whole. ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF 10. Ord. No. 2009-19 is consistent with Lake County ADMINISTRATIVE HEARINGS, PURSUANT TO Comprehensive Plan Goal 1: Future Land Use; Policy SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, 1-14.2: Managing Future Land Use; Policy 7-10.10: AND CHAPTER 28-106, PARTS I AND II, FLORIDA Control Noise Pollution; and Policy 9-1.2.2: Land Use ADMINISTRATIVE CODE. AT A FORMAL Planning of Adjacent Lands. ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED WHEREFORE, IT IS ORDERED that the above REPRESENTATIVE, AND YOU WILL HAVE THE identified Lake County Ord. No. 2009-19 is consistent with the OPPORTUNITY TO PRESENT EVIDENCE AND Principles for Guiding Development of the Green Swamp Area ARGUMENT ON ALL THE ISSUES INVOLVED, TO of Critical State 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 /s/______PROCEEDING OR A FORMAL HEARING, YOU MUST CHARLES GAUTHIER, 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. NOTICE OF ADMINISTRATIVE RIGHTS A PETITION IS FILED WHEN IT IS RECEIVED BY: ANY PERSON WHOSE SUBSTANTIAL INTERESTS AGENCY CLERK, DEPARTMENT’S OFFICE OF ARE AFFECTED BY THIS ORDER HAS THE GENERAL COUNSEL, 2555 SHUMARD OAK OPPORTUNITY FOR AN ADMINISTRATIVE BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. PROCEEDING PURSUANT TO SECTION 120.569,

2654 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

THE PETITION MUST MEET THE FILING DEPARTMENT OF HIGHWAY SAFETY AND MOTOR REQUIREMENTS IN SUBSECTION 28-106.104(2), VEHICLES FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL Notice of Publication for a New Point PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE Franchise Motor Vehicle Dealer in a County of More 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A than 300,000 Population FORMAL HEARING IS REQUESTED, THEN THE Pursuant to Section 320.642, Florida Statutes, notice is PETITION SHALL BE SUBMITTED IN ACCORDANCE given that Pacific Rim International West, intends to allow the WITH SUBSECTION 28-106.201(2), FLORIDA establishment of AA Accurate Truck & Auto Sales, Inc., as a ADMINISTRATIVE CODE. dealership for the sale of motorcycles manufactured by A PERSON WHO HAS FILED A PETITION MAY Huzhou Daixi Zhenhua Technology Trade Co. Ltd. (DAIX) at REQUEST MEDIATION. A REQUEST FOR MEDIATION 1644 North US 1, Ormond Beach (Volusia County), Florida MUST INCLUDE THE INFORMATION REQUIRED BY 32174, on or after May 8, 2009. RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. The name and address of the dealer operator(s) and CHOOSING MEDIATION DOES NOT AFFECT THE principal investor(s) of AA Accurate Truck & Auto Sales, Inc. RIGHT TO AN ADMINISTRATIVE HEARING. are dealer operator(s): James Pascarelli, 1644 North US 1, YOU WAIVE THE RIGHT TO AN INFORMAL Ormond Beach, Florida 32174; principal investor(s): James ADMINISTRATIVE PROCEEDING OR A FORMAL Pascarelli, 1644 North US 1, Ormond Beach, Florida 32174. 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 Agency Clerk standing, pursuant to Section 320.642, Florida Statutes, to file of the Department of Community Affairs, and that true and a petition or complaint protesting the application. correct copies have been furnished to the persons listed below Written petitions or complaints must be received by the by the method indicated this 19th day of May, 2009. Department of Highway Safety and Motor Vehicles within 30 /s/______days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Administrator, Dealer License Paula Ford, Agency Clerk Section, Department of Highway Safety and Motor Vehicles, By U.S. Mail: Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Sanford A. Minkoff Parkway, Tallahassee, Florida 32399-0635. County Attorney A copy of such petition or complaint must also be sent by Lake County U.S. Mail to: Wendy Yu, Pacific Rim International West, 2260 P. O. Box 7800 South Archibald Avenue, #E, Ontario, California 91761. Tavares, FL 32778-7800 If no petitions or complaints are received within 30 days of the date of publication, a final order will be issued by the Neil Kelly Department of Highway Safety and Motor Vehicles approving Clerk of the Board of County the establishment of the dealership, subject to the applicant’s Commissioners of Lake County compliance with the provisions of Chapter 320, Florida P. O. Box 7800 Statutes. Tavares, FL 32778-7800 Notice of Publication for a New Point By Hand Delivery or Interagency Mail: Franchise Motor Vehicle Dealer in a County of More Rebecca Jetton, DCA Area of Critical State Concern than 300,000 Population Administrator Pursuant to Section 320.642, Florida Statutes, notice is Barbara Powell, DCA Area of Critical State Concern Planner II given that Snyder Computer Systems, Inc. d/b/a Wildfire Richard E. Shine, DCA Assistant General Counsel Motors, intends to allow the establishment of Auto Land Export Group, Inc., as a dealership for the sale of motorcycles manufactured by Chongqing Hi-Bird Motorcycle Industry Co. Ltd. (HIBR) at 4612 North Florida Avenue, Tampa (Hillsborough County), Florida 33603, on or after June 20, 2009.

Section XII - Miscellaneous 2655 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

The name and address of the dealer operator(s) and The notice indicates intent to establish the new point principal investor(s) of Auto Land Export Group, Inc. are location in a county of more than 300,000 population, dealer operator(s): Ahmed Elmunaier, 12519 Evington Point according to the latest population estimates of the University of Drive, Riverview, Florida 33603 and Mohamed Elmunaier, Florida, Bureau of Economic and Business Research. 12519 Evington Point Drive, Riverview, Florida 33603; Certain dealerships of the same line-make may have principal investor(s): Ahmed Elmunaier, 12519 Evington Point standing, pursuant to Section 320.642, Florida Statutes, to file Drive, Riverview, Florida 33603. a petition or complaint protesting the application. The notice indicates intent to establish the new point Written petitions or complaints must be received by the location in a county of more than 300,000 population, Department of Highway Safety and Motor Vehicles within 30 according to the latest population estimates of the University of days of the date of publication of this notice and must be Florida, Bureau of Economic and Business Research. submitted to: Nalini Vinayak, Administrator, Dealer License Certain dealerships of the same line-make may have Section, Department of Highway Safety and Motor Vehicles, standing, pursuant to Section 320.642, Florida Statutes, to file Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee a petition or complaint protesting the application. Parkway, Tallahassee, Florida 32399-0635. Written petitions or complaints must be received by the A copy of such petition or complaint must also be sent by Department of Highway Safety and Motor Vehicles within 30 U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a days of the date of publication of this notice and must be Wildfire Motors, 11 Technology Way, Steubenville, Ohio submitted to: Nalini Vinayak, Administrator, Dealer License 43952. Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by the establishment of the dealership, subject to the applicant’s U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a compliance with the provisions of Chapter 320, Florida Wildfire Motors, 11 Technology Way, Steubenville, Ohio Statutes. 43952. 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 Snyder Computer Systems, Inc. d/b/a Wildfire Statutes. Motors, intends to allow the establishment of Auto Land Export Group, Inc., as a dealership for the sale of motorcycles Notice of Publication for a New Point manufactured by Kinroad Xintian Motorcycle Manufacture Franchise Motor Vehicle Dealer in a County of More Co. Ltd. (KNRO) at 4612 North Florida Avenue, Tampa than 300,000 Population (Hillsborough County), Florida 33603, on or after June 20, Pursuant to Section 320.642, Florida Statutes, notice is 2009. given that Snyder Computer Systems, Inc. d/b/a Wildfire The name and address of the dealer operator(s) and Motors, intends to allow the establishment of Auto Land principal investor(s) of Auto Land Export Group, Inc. are Export Group, Inc., as a dealership for the sale of motorcycles dealer operator(s): Ahmed Elmunaier, 12519 Evington Point manufactured by Zhejiang Jiajue Apollo Vehicle Manufacture Drive, Riverview, Florida 33603; principal investor(s): Ahmed Co. Ltd. (JIAJ) at 4612 North Florida Avenue, Tampa Elmunaier, 12519 Evington Point Drive, Riverview, Florida (Hillsborough County), Florida 33603, on or after June 20, 33603. 2009. 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 Auto Land Export Group, Inc. are according to the latest population estimates of the University of dealer operator(s): Ahmed Elmunaier, 12519 Evington Point Florida, Bureau of Economic and Business Research. Drive, Riverview, Florida 33603 and Mohamed Elmunaier, Certain dealerships of the same line-make may have 12519 Evington Point Drive, Riverview, Florida 33603; standing, pursuant to Section 320.642, Florida Statutes, to file principal investor(s): Ahmed Elmunaier, 12519 Evington Point a petition or complaint protesting the application. Drive, Riverview, Florida 33603. Written petitions or complaints must be received by the Department of Highway Safety and Motor Vehicles within 30 days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Administrator, Dealer License

2656 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Notice of Publication for a New Point Wildfire Motors, 11 Technology Way, Steubenville, Ohio Franchise Motor Vehicle Dealer in a County of More 43952. than 300,000 Population If no petitions or complaints are received within 30 days Pursuant to Section 320.642, Florida Statutes, notice is of the date of publication, a final order will be issued by the given that Snyder Computer Systems, Inc. d/b/a Wildfire Department of Highway Safety and Motor Vehicles approving Motors, intends to allow the establishment of Auto Land the establishment of the dealership, subject to the applicant’s Export Group, Inc., as a dealership for the sale of motorcycles compliance with the provisions of Chapter 320, Florida manufactured by Jiangsu Sunhou S & T Motorcycle Co. Ltd. Statutes. (SNHU) at 4612 North Florida Avenue, Tampa (Hillsborough County), Florida 33603, on or after June 20, 2009. Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of More principal investor(s) of Auto Land Export Group, Inc. are than 300,000 Population dealer operator(s): Ahmed Elmunaier, 12519 Evington Point Pursuant to Section 320.642, Florida Statutes, notice is Drive, Riverview, Florida 33603; principal investor(s): Ahmed given that Snyder Computer Systems, Inc. d/b/a Wildfire Elmunaier, 12519 Evington Point Drive, Riverview, Florida Motors, intends to allow the establishment of Auto Land 33603. Export Group, Inc., as a dealership for the sale of motorcycles The notice indicates intent to establish the new point manufactured by Taixing Sandi Motorcycle Co. Ltd. (SNDI) at location in a county of more than 300,000 population, 4612 North Florida Avenue, Tampa (Hillsborough County), according to the latest population estimates of the University of Florida 33603, on or after June 20, 2009. Florida, Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Auto Land Export Group, Inc. are standing, pursuant to Section 320.642, Florida Statutes, to file dealer operator(s): Ahmed Elmunaier, 12519 Evington Point a petition or complaint protesting the application. Drive, Riverview, Florida 33603 and Mohamed Elmunaier, Written petitions or complaints must be received by the 12519 Evington Point Drive, Riverview, Florida 33603; Department of Highway Safety and Motor Vehicles within 30 principal investor(s): Ahmed Elmunaier, 12519 Evington Point days of the date of publication of this notice and must be Drive, Riverview, Florida 33603. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of more than 300,000 population, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee according to the latest population estimates of the University of Parkway, Tallahassee, Florida 32399-0635. Florida, Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a standing, pursuant to Section 320.642, Florida Statutes, to file Wildfire Motors, 11 Technology Way, Steubenville, Ohio a petition or complaint protesting the application. 43952. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Franchise Motor Vehicle Dealer in a County of More Wildfire Motors, 11 Technology Way, Steubenville, Ohio than 300,000 Population 43952. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Snyder Computer Systems, Inc. d/b/a Wildfire of the date of publication, a final order will be issued by the Motors, intends to allow the establishment of Finishline Department of Highway Safety and Motor Vehicles approving Scooters, LLC, as a dealership for the sale of motorcycles

Section XII - Miscellaneous 2657 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 manufactured by Chongqing Hi-Bird Motorcycle Industry Co. Certain dealerships of the same line-make may have Ltd. (HIBR) at 6600 Gulf Boulevard, St. Petersburg (Pinellas standing, pursuant to Section 320.642, Florida Statutes, to file County), Florida 33706, on or after June 20, 2009. 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 Finishline Scooters, LLC are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): John Leonard, 3269 Shore Drive, Largo, Florida days of the date of publication of this notice and must be 33771; principal investor(s): John Leonard, 3269 Shore Drive, submitted to: Nalini Vinayak, Administrator, Dealer License Largo, Florida 33771. 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 Apalachee location in a county of more than 300,000 population, Parkway, Tallahassee, Florida 32399-0635. according to the latest population estimates of the University of A copy of such petition or complaint must also be sent by Florida, Bureau of Economic and Business Research. U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Certain dealerships of the same line-make may have Wildfire Motors, 11 Technology Way, Steubenville, Ohio standing, pursuant to Section 320.642, Florida Statutes, to file 43952. a petition or complaint protesting the application. If no petitions or complaints are received within 30 days Written petitions or complaints must be received by the of the date of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles within 30 Department of Highway Safety and Motor Vehicles approving days of the date of publication of this notice and must be the establishment of the dealership, subject to the applicant’s submitted to: Nalini Vinayak, Administrator, Dealer License compliance with the provisions of Chapter 320, Florida Section, Department of Highway Safety and Motor Vehicles, Statutes. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635. Notice of Publication for a New Point A copy of such petition or complaint must also be sent by Franchise Motor Vehicle Dealer in a County of More U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a than 300,000 Population Wildfire Motors, 11 Technology Way, Steubenville, Ohio Pursuant to Section 320.642, Florida Statutes, notice is 43952. given that Snyder Computer Systems, Inc. d/b/a Wildfire If no petitions or complaints are received within 30 days Motors, intends to allow the establishment of Finishline of the date of publication, a final order will be issued by the Scooters, LLC, as a dealership for the sale of motorcycles Department of Highway Safety and Motor Vehicles approving manufactured by Kinroad Xintian Motorcycle Manufacture the establishment of the dealership, subject to the applicant’s Co. Ltd. (KNRO) at 6600 Gulf Boulevard, St. Petersburg compliance with the provisions of Chapter 320, Florida (Pinellas County), Florida 33706, on or after June 20, 2009. Statutes. The name and address of the dealer operator(s) and principal investor(s) of Finishline Scooters, LLC are dealer Notice of Publication for a New Point operator(s): John Leonard, 3269 Shore Drive, Largo, Florida Franchise Motor Vehicle Dealer in a County of More 33771; principal investor(s): John Leonard, 3269 Shore Drive, than 300,000 Population Largo, Florida 33771. Pursuant to Section 320.642, Florida Statutes, notice is The notice indicates intent to establish the new point given that Snyder Computer Systems, Inc. d/b/a Wildfire location in a county of more than 300,000 population, Motors, intends to allow the establishment of Finishline according to the latest population estimates of the University of Scooters, LLC, as a dealership for the sale of motorcycles Florida, Bureau of Economic and Business Research. manufactured by Zhejiang Jiajue Apollo Vehicle Manufacture Certain dealerships of the same line-make may have Co. Ltd. (JIAJ) at 6600 Gulf Boulevard, St. Petersburg standing, pursuant to Section 320.642, Florida Statutes, to file (Pinellas County), Florida 33706, on or after June 20, 2009. 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 Finishline Scooters, LLC are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): John Leonard, 3269 Shore Drive, Largo, Florida days of the date of publication of this notice and must be 33771; principal investor(s): John Leonard, 3269 Shore Drive, submitted to: Nalini Vinayak, Administrator, Dealer License Largo, Florida 33771. 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 Apalachee location in a county of more than 300,000 population, Parkway, Tallahassee, Florida 32399-0635. according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

2658 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Franchise Motor Vehicle Dealer in a County of More Wildfire Motors, 11 Technology Way, Steubenville, Ohio than 300,000 Population 43952. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Snyder Computer Systems, Inc. d/b/a Wildfire of the date of publication, a final order will be issued by the Motors, intends to allow the establishment of Finishline Department of Highway Safety and Motor Vehicles approving Scooters, LLC, as a dealership for the sale of motorcycles the establishment of the dealership, subject to the applicant’s manufactured by China Qingqi Group Co. Ltd. (QING) at 6600 compliance with the provisions of Chapter 320, Florida Gulf Boulevard, St. Petersburg (Pinellas County), Florida Statutes. 33706, on or after June 20, 2009. The name and address of the dealer operator(s) and Notice of Publication for a New Point principal investor(s) of Finishline Scooters, LLC are dealer Franchise Motor Vehicle Dealer in a County of More operator(s): John Leonard, 3269 Shore Drive, Largo, Florida than 300,000 Population 33771; principal investor(s): John Leonard, 3269 Shore Drive, Pursuant to Section 320.642, Florida Statutes, notice is Largo, Florida 33771. given that Snyder Computer Systems, Inc. d/b/a Wildfire The notice indicates intent to establish the new point Motors, intends to allow the establishment of Finishline location in a county of more than 300,000 population, Scooters, LLC, as a dealership for the sale of motorcycles according to the latest population estimates of the University of manufactured by Zhejiang Summit Huawin Motorcycle Co. Florida, Bureau of Economic and Business Research. Ltd. (POPC) at 6600 Gulf Boulevard, St. Petersburg (Pinellas Certain dealerships of the same line-make may have County), Florida 33706, on or after June 20, 2009. standing, pursuant to Section 320.642, Florida Statutes, to file The name and address of the dealer operator(s) and a petition or complaint protesting the application. principal investor(s) of Finishline Scooters, LLC are dealer Written petitions or complaints must be received by the operator(s): John Leonard, 3269 Shore Drive, Largo, Florida Department of Highway Safety and Motor Vehicles within 30 33771; principal investor(s): John Leonard, 3269 Shore Drive, days of the date of publication of this notice and must be Largo, Florida 33771. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of more than 300,000 population, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee according to the latest population estimates of the University of Parkway, Tallahassee, Florida 32399-0635. Florida, Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a standing, pursuant to Section 320.642, Florida Statutes, to file Wildfire Motors, 11 Technology Way, Steubenville, Ohio a petition or complaint protesting the application. 43952. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Franchise Motor Vehicle Dealer in a County of More Wildfire Motors, 11 Technology Way, Steubenville, Ohio than 300,000 Population 43952. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Snyder Computer Systems, Inc. d/b/a Wildfire of the date of publication, a final order will be issued by the Motors, intends to allow the establishment of Finishline Department of Highway Safety and Motor Vehicles approving Scooters, LLC, as a dealership for the sale of motorcycles the establishment of the dealership, subject to the applicant’s manufactured by Taixing Sandi Motorcycle Co. Ltd. (SNDI) at compliance with the provisions of Chapter 320, Florida 6600 Gulf Boulevard, St. Petersburg (Pinellas County), Florida Statutes. 33706, on or after June 20, 2009.

Section XII - Miscellaneous 2659 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

The name and address of the dealer operator(s) and Written petitions or complaints must be received by the principal investor(s) of Finishline Scooters, LLC are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): John Leonard, 3269 Shore Drive, Largo, Florida days of the date of publication of this notice and must be 33771; principal investor(s): John Leonard, 3269 Shore Drive, submitted to: Nalini Vinayak, Administrator, Dealer License Largo, Florida 33771. 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 Apalachee location in a county of more than 300,000 population, Parkway, Tallahassee, Florida 32399-0635. according to the latest population estimates of the University of A copy of such petition or complaint must also be sent by Florida, Bureau of Economic and Business Research. U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Certain dealerships of the same line-make may have Wildfire Motors, 11 Technology Way, Steubenville, Ohio standing, pursuant to Section 320.642, Florida Statutes, to file 43952. a petition or complaint protesting the application. If no petitions or complaints are received within 30 days Written petitions or complaints must be received by the of the date of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles within 30 Department of Highway Safety and Motor Vehicles approving days of the date of publication of this notice and must be the establishment of the dealership, subject to the applicant’s submitted to: Nalini Vinayak, Administrator, Dealer License compliance with the provisions of Chapter 320, Florida Section, Department of Highway Safety and Motor Vehicles, Statutes. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635. Notice of Publication for a New Point A copy of such petition or complaint must also be sent by Franchise Motor Vehicle Dealer in a County of More U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a than 300,000 Population Wildfire Motors, 11 Technology Way, Steubenville, Ohio Pursuant to Section 320.642, Florida Statutes, notice is 43952. given that Snyder Computer Systems, Inc. d/b/a Wildfire If no petitions or complaints are received within 30 days Motors, intends to allow the establishment of Finishline of the date of publication, a final order will be issued by the Scooters, LLC, as a dealership for the sale of motorcycles Department of Highway Safety and Motor Vehicles approving manufactured by Zhejiang Leike Machinery Co. Ltd. (ZLMI) the establishment of the dealership, subject to the applicant’s at 6600 Gulf Boulevard, St. Petersburg (Pinellas County), compliance with the provisions of Chapter 320, Florida Florida 33706, on or after June 20, 2009. Statutes. The name and address of the dealer operator(s) and principal investor(s) of Finishline Scooters, LLC are dealer Notice of Publication for a New Point operator(s): John Leonard, 3269 Shore Drive, Largo, Florida Franchise Motor Vehicle Dealer in a County of More 33771; principal investor(s): John Leonard, 3269 Shore Drive, than 300,000 Population Largo, Florida 33771. Pursuant to Section 320.642, Florida Statutes, notice is The notice indicates intent to establish the new point given that Snyder Computer Systems, Inc. d/b/a Wildfire location in a county of more than 300,000 population, Motors, intends to allow the establishment of Finishline according to the latest population estimates of the University of Scooters, LLC, as a dealership for the sale of motorcycles Florida, Bureau of Economic and Business Research. manufactured by Jiangsu Sunhou S & T Motorcycle Co. Ltd. Certain dealerships of the same line-make may have (SNHU) at 6600 Gulf Boulevard, St. Petersburg (Pinellas standing, pursuant to Section 320.642, Florida Statutes, to file County), Florida 33706, on or after June 20, 2009. 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 Finishline Scooters, LLC are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): John Leonard, 3269 Shore Drive, Largo, Florida days of the date of publication of this notice and must be 33771; principal investor(s): John Leonard, 3269 Shore Drive, submitted to: Nalini Vinayak, Administrator, Dealer License Largo, Florida 33771. 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 Apalachee location in a county of more than 300,000 population, Parkway, Tallahassee, Florida 32399-0635. according to the latest population estimates of the University of A copy of such petition or complaint must also be sent by Florida, Bureau of Economic and Business Research. U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Certain dealerships of the same line-make may have Wildfire Motors, 11 Technology Way, Steubenville, Ohio standing, pursuant to Section 320.642, Florida Statutes, to file 43952. a petition or complaint protesting the application.

2660 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

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 Snyder Computer Systems, Inc. d/b/a Wildfire Statutes. Motors, intends to allow the establishment of P and R Auto Brokers, Inc., as a dealership for the sale of motorcycles Notice of Publication for a New Point manufactured by Zhejiang Jiajue Apollo Vehicle Manufacture Franchise Motor Vehicle Dealer in a County of More Co. Ltd. (JIAJ) at 917 North Combee Road, Lakeland (Polk than 300,000 Population County), Florida 33801, on or after July 17, 2009. Pursuant to Section 320.642, Florida Statutes, notice is The name and address of the dealer operator(s) and given that Snyder Computer Systems, Inc. d/b/a Wildfire principal investor(s) of P and R Auto Brokers, Inc. are dealer Motors, intends to allow the establishment of P and R Auto operator(s): George Pappachen, 6535 Walkers Glen Drive, Brokers, Inc., as a dealership for the sale of motorcycles Lakeland, Florida 33813; principal investor(s): George manufactured by Chongqing Hi-Bird Motorcycle Industry Co. Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida Ltd. (HIBR) at 917 North Combee Road, Lakeland (Polk 33813. County), Florida 33801, on or after July 17, 2009. 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 P and R Auto Brokers, Inc. are dealer according to the latest population estimates of the University of operator(s): George Pappachen, 6535 Walkers Glen Drive, Florida, Bureau of Economic and Business Research. Lakeland, Florida 33813; principal investor(s): George Certain dealerships of the same line-make may have Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida standing, pursuant to Section 320.642, Florida Statutes, to file 33813. a petition or complaint protesting the application. The notice indicates intent to establish the new point Written petitions or complaints must be received by the location in a county of more than 300,000 population, Department of Highway Safety and Motor Vehicles within 30 according to the latest population estimates of the University of days of the date of publication of this notice and must be Florida, Bureau of Economic and Business Research. submitted to: Nalini Vinayak, Administrator, Dealer License Certain dealerships of the same line-make may have Section, Department of Highway Safety and Motor Vehicles, standing, pursuant to Section 320.642, Florida Statutes, to file Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee a petition or complaint protesting the application. Parkway, Tallahassee, Florida 32399-0635. Written petitions or complaints must be received by the A copy of such petition or complaint must also be sent by Department of Highway Safety and Motor Vehicles within 30 U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a days of the date of publication of this notice and must be Wildfire Motors, 11 Technology Way, Steubenville, Ohio submitted to: Nalini Vinayak, Administrator, Dealer License 43952. Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by the establishment of the dealership, subject to the applicant’s U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a compliance with the provisions of Chapter 320, Florida Wildfire Motors, 11 Technology Way, Steubenville, Ohio Statutes. 43952. 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 Snyder Computer Systems, Inc. d/b/a Wildfire Statutes. Motors, intends to allow the establishment of P and R Auto Brokers, Inc., as a dealership for the sale of motorcycles manufactured by Kinroad Xintian Motorcycle Manufacture Co. Ltd. (KNRO) at 917 North Combee Road, Lakeland (Polk County), Florida 33801, on or after July 17, 2009.

Section XII - Miscellaneous 2661 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of P and R Auto Brokers, Inc. are dealer standing, pursuant to Section 320.642, Florida Statutes, to file operator(s): George Pappachen, 6535 Walkers Glen Drive, a petition or complaint protesting the application. Lakeland, Florida 33813; principal investor(s): George Written petitions or complaints must be received by the Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida Department of Highway Safety and Motor Vehicles within 30 33813. days of the date of publication of this notice and must be The notice indicates intent to establish the new point submitted to: Nalini Vinayak, Administrator, Dealer License location in a county of more than 300,000 population, Section, Department of Highway Safety and Motor Vehicles, according to the latest population estimates of the University of Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Florida, Bureau of Economic and Business Research. Parkway, Tallahassee, Florida 32399-0635. Certain dealerships of the same line-make may have A copy of such petition or complaint must also be sent by standing, pursuant to Section 320.642, Florida Statutes, to file U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a a petition or complaint protesting the application. Wildfire Motors, 11 Technology Way, Steubenville, Ohio Written petitions or complaints must be received by the 43952. Department of Highway Safety and Motor Vehicles within 30 If no petitions or complaints are received within 30 days days of the date of publication of this notice and must be of the date of publication, a final order will be issued by the submitted to: Nalini Vinayak, Administrator, Dealer License Department of Highway Safety and Motor Vehicles approving Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Notice of Publication for a New Point Wildfire Motors, 11 Technology Way, Steubenville, Ohio Franchise Motor Vehicle Dealer in a County of More 43952. than 300,000 Population If no petitions or complaints are received within 30 days Pursuant to Section 320.642, Florida Statutes, notice is of the date of publication, a final order will be issued by the given that Snyder Computer Systems, Inc. d/b/a Wildfire Department of Highway Safety and Motor Vehicles approving Motors, intends to allow the establishment of P and R Auto the establishment of the dealership, subject to the applicant’s Brokers, Inc., as a dealership for the sale of motorcycles compliance with the provisions of Chapter 320, Florida manufactured by China Qingqi Group Co. Ltd. (QING) at 917 Statutes. North Combee Road, Lakeland (Polk County), Florida 33801, on or after July 17, 2009. Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of More principal investor(s) of P and R Auto Brokers, Inc. are dealer than 300,000 Population operator(s): George Pappachen, 6535 Walkers Glen Drive, Pursuant to Section 320.642, Florida Statutes, notice is Lakeland, Florida 33813; principal investor(s): George given that Snyder Computer Systems, Inc. d/b/a Wildfire Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida Motors, intends to allow the establishment of P and R Auto 33813. Brokers, Inc., as a dealership for the sale of motorcycles The notice indicates intent to establish the new point manufactured by Zhejiang Summit Huawin Motorcycle Co. location in a county of more than 300,000 population, Ltd. (POPC) at 917 North Combee Road, Lakeland (Polk according to the latest population estimates of the University of County), Florida 33801, on or after July 17, 2009. Florida, Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of P and R Auto Brokers, Inc. are dealer standing, pursuant to Section 320.642, Florida Statutes, to file operator(s): George Pappachen, 6535 Walkers Glen Drive, a petition or complaint protesting the application. Lakeland, Florida 33813; principal investor(s): George Written petitions or complaints must be received by the Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida Department of Highway Safety and Motor Vehicles within 30 33813. days of the date of publication of this notice and must be The notice indicates intent to establish the new point submitted to: Nalini Vinayak, Administrator, Dealer License location in a county of more than 300,000 population, Section, Department of Highway Safety and Motor Vehicles, according to the latest population estimates of the University of Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Florida, Bureau of Economic and Business Research. Parkway, Tallahassee, Florida 32399-0635.

2662 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Franchise Motor Vehicle Dealer in a County of More Wildfire Motors, 11 Technology Way, Steubenville, Ohio than 300,000 Population 43952. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Snyder Computer Systems, Inc. d/b/a Wildfire of the date of publication, a final order will be issued by the Motors, intends to allow the establishment of P and R Auto Department of Highway Safety and Motor Vehicles approving Brokers, Inc., as a dealership for the sale of motorcycles the establishment of the dealership, subject to the applicant’s manufactured by Jiangsu Sunhou S & T Motorcycle Co. Ltd. compliance with the provisions of Chapter 320, Florida (SNHU) at 917 North Combee Road, Lakeland (Polk County), Statutes. Florida 33801, on or after July 17, 2009. The name and address of the dealer operator(s) and Notice of Publication for a New Point principal investor(s) of P and R Auto Brokers, Inc. are dealer Franchise Motor Vehicle Dealer in a County of More operator(s): George Pappachen, 6535 Walkers Glen Drive, than 300,000 Population Lakeland, Florida 33813; principal investor(s): George Pursuant to Section 320.642, Florida Statutes, notice is Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida given that Snyder Computer Systems, Inc. d/b/a Wildfire 33813. Motors, intends to allow the establishment of P and R Auto The notice indicates intent to establish the new point Brokers, Inc., as a dealership for the sale of motorcycles location in a county of more than 300,000 population, manufactured by Taixing Sandi Motorcycle Co. Ltd. (SNDI) at according to the latest population estimates of the University of 917 North Combee Road, Lakeland (Polk County), Florida Florida, Bureau of Economic and Business Research. 33801, on or after July 17, 2009. Certain dealerships of the same line-make may have The name and address of the dealer operator(s) and standing, pursuant to Section 320.642, Florida Statutes, to file principal investor(s) of P and R Auto Brokers, Inc. are dealer a petition or complaint protesting the application. operator(s): George Pappachen, 6535 Walkers Glen Drive, Written petitions or complaints must be received by the Lakeland, Florida 33813; principal investor(s): George Department of Highway Safety and Motor Vehicles within 30 Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida days of the date of publication of this notice and must be 33813. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of more than 300,000 population, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee according to the latest population estimates of the University of Parkway, Tallahassee, Florida 32399-0635. Florida, Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a standing, pursuant to Section 320.642, Florida Statutes, to file Wildfire Motors, 11 Technology Way, Steubenville, Ohio a petition or complaint protesting the application. 43952. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Franchise Motor Vehicle Dealer in a County of More Wildfire Motors, 11 Technology Way, Steubenville, Ohio than 300,000 Population 43952. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Snyder Computer Systems, Inc. d/b/a Wildfire of the date of publication, a final order will be issued by the Motors, intends to allow the establishment of P and R Auto Department of Highway Safety and Motor Vehicles approving Brokers, Inc., as a dealership for the sale of motorcycles the establishment of the dealership, subject to the applicant’s manufactured by Zhejiang Leike Machinery Co. Ltd. (ZLMI) compliance with the provisions of Chapter 320, Florida at 917 North Combee Road, Lakeland (Polk County), Florida Statutes. 33801, on or after July 17, 2009.

Section XII - Miscellaneous 2663 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

The name and address of the dealer operator(s) and Written petitions or complaints must be received by the principal investor(s) of P and R Auto Brokers, Inc. are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): George Pappachen, 6535 Walkers Glen Drive, days of the date of publication of this notice and must be Lakeland, Florida 33813; principal investor(s): George submitted to: Nalini Vinayak, Administrator, Dealer License Pappachen, 6535 Walkers Glen Drive, Lakeland, Florida Section, Department of Highway Safety and Motor Vehicles, 33813. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee The notice indicates intent to establish the new point 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: Caroline Khurana, Lambretta International, LLC, Florida, Bureau of Economic and Business Research. 14339 Lake City Way, Northeast, Seattle, Washington 98125. Certain dealerships of the same line-make may have If no petitions or complaints are received within 30 days standing, pursuant to Section 320.642, Florida Statutes, to file of 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 Apalachee Franchise Motor Vehicle Dealer in a County of More 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: Dan Vogel, Snyder Computer Systems, Inc. d/b/a given that Carter Brothers Manufacturing Co., Inc., intends to Wildfire Motors, 11 Technology Way, Steubenville, Ohio allow the establishment of Scooter Escapes, LLC dba Scooter 43952. Escapes, as a dealership for the sale of motorcycles If no petitions or complaints are received within 30 days manufactured by Sanyang Industry Co. Ltd. (SANY) at 1450 of the date of publication, a final order will be issued by the 1st Avenue, North, St. Petersburg (Pinellas County), Florida Department of Highway Safety and Motor Vehicles approving 33705, on or after May 14, 2009. the establishment of the dealership, subject to the applicant’s The name and address of the dealer operator(s) and compliance with the provisions of Chapter 320, Florida principal investor(s) of Scooter Escapes, LLC dba Scooter Statutes. Escapes are dealer operator(s): Chris Densmore, 1450 1st Avenue, North, St. Petersburg, Florida 33705; principal Notice of Publication for a New Point investor(s): Chris Densmore, 1450 1st Avenue, North, St. Franchise Motor Vehicle Dealer in a County of More Petersburg, Florida 33705. 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 more than 300,000 population, given that Lambretta International, LLC, intends to allow the according to the latest population estimates of the University of establishment of Scooter Boutique, Inc., as a dealership for the Florida, Bureau of Economic and Business Research. sale of motorcycles manufactured by HerChee Industrial Co. Certain dealerships of the same line-make may have Ltd. (HERH) at 241 13th Avenue, North, Jacksonville Beach standing, pursuant to Section 320.642, Florida Statutes, to file (Duval County), Florida 32250, on or after May 14, 2009. 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 Scooter Boutique, Inc. are dealer Department of Highway Safety and Motor Vehicles within 30 operator(s): Terry Henson, 241 13th Avenue, North, days of the date of publication of this notice and must be Jacksonville Beach, Florida 32250; principal investor(s): Terry submitted to: Nalini Vinayak, Administrator, Dealer License Henson, 241 13th Avenue, North, Jacksonville Beach, Florida Section, Department of Highway Safety and Motor Vehicles, 32250. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee The notice indicates intent to establish the new point 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: Jack Mullioned, Carter Brothers Manufacturing Florida, Bureau of Economic and Business Research. Co., Inc., 1871 US Highway 231, Brundidge, Alabama 36010. Certain dealerships of the same line-make may have If no petitions or complaints are received within 30 days standing, pursuant to Section 320.642, Florida Statutes, to file of 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

2664 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 the establishment of the dealership, subject to the applicant’s Shanghai Shenke Motorcycle Co. Ltd. (SHEN) at 1024 South compliance with the provisions of Chapter 320, Florida Main Street, Suite A, Gainesville (Alachua County), Florida Statutes. 32601, on or after May 12, 2009. The name and address of the dealer operator(s) and Notice of Publication for a New Point principal investor(s) of Solano Cycle, Inc. are dealer Franchise Motor Vehicle Dealer in a County of Less operator(s): Martin Solano, 1024 South Main Street, Suite A, than 300,000 Population Gainesville, Florida 32601; principal investor(s): Martin Pursuant to Section 320.642, Florida Statutes, notice is Solano, 4372 Sycamore Pass Court West, Jacksonville, Florida given that Piaggio Group Americas, Inc., intends to allow the 32258. establishment of Scooter Superstore of America, Inc., as a The notice indicates intent to establish the new point dealership for the sale of Aprilia motorcycles (APRI) at 2600 location in a county of less than 300,000 population, according US Highway 1 South, St. Augustine (St. Johns County), to the latest population estimates of the University of Florida, Florida 32086, on or after May 13, 2009. Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Scooter Superstore of America, Inc. are standing, pursuant to Section 320.642, Florida Statutes, to file dealer operator(s): Peter Warwick, 2600 US Highway 1 South, a petition or complaint protesting the application. St. Augustine, Florida 32086; principal investor(s): Peter Written petitions or complaints must be received by the Warwick, 2600 US Highway 1 South, St. Augustine, Florida Department of Highway Safety and Motor Vehicles within 30 32086. days of the date of publication of this notice and must be The notice indicates intent to establish the new point submitted to: Nalini Vinayak, Administrator, Dealer License location in a county of less than 300,000 population, according Section, Department of Highway Safety and Motor Vehicles, to the latest population estimates of the University of Florida, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Bureau of Economic and Business Research. Parkway, Tallahassee, Florida 32399-0635. Certain dealerships of the same line-make may have A copy of such petition or complaint must also be sent by standing, pursuant to Section 320.642, Florida Statutes, to file U.S. Mail to: Leo Su, Galaxy Powersports, LLC d/b/a JCL a petition or complaint protesting the application. International, LLC, 2667 Northaven Road, Dallas, Texas Written petitions or complaints must be received by the 75229. Department of Highway Safety and Motor Vehicles within 30 If no petitions or complaints are received within 30 days days of the date of publication of this notice and must be of the date of publication, a final order will be issued by the submitted to: Nalini Vinayak, Administrator, Dealer License Department of Highway Safety and Motor Vehicles approving Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Angellina Fraser-Lubin, Piaggio Group Notice of Publication for a New Point Americas, Inc., 140 East 45th Street, 17th Floor, New York, Franchise Motor Vehicle Dealer in a County of Less New York 10017. than 300,000 Population If no petitions or complaints are received within 30 days Pursuant to Section 320.642, Florida Statutes, notice is of the date of publication, a final order will be issued by the given that Galaxy Powersports, LLC d/b/a JCL International, Department of Highway Safety and Motor Vehicles approving LLC, intends to allow the establishment of Solano Cycle, Inc., the establishment of the dealership, subject to the applicant’s as a dealership for the sale of motorcycles manufactured by compliance with the provisions of Chapter 320, Florida Zhejiang Xingyue Vehicle Co. Ltd. (ZXYV) at 1024 South Statutes. Main Street, Suite A, Gainesville (Alachua County), Florida 32601, on or after May 12, 2009. Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of Less principal investor(s) of Solano Cycle, Inc. are dealer than 300,000 Population operator(s): Martin Solano, 1024 South Main Street, Suite A, Pursuant to Section 320.642, Florida Statutes, notice is Gainesville, Florida 32601; principal investor(s): Martin given that Galaxy Powersports, LLC d/b/a JCL International, Solano, 4372 Sycamore Pass Court West, Jacksonville, Florida LLC, intends to allow the establishment of Solano Cycle, Inc., 32258. as a dealership for the sale of motorcycles manufactured by

Section XII - Miscellaneous 2665 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of less than 300,000 population, according Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee to the latest population estimates of the University of Florida, Parkway, Tallahassee, Florida 32399-0635. Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Leo Su, Galaxy Powersports, LLC d/b/a JCL standing, pursuant to Section 320.642, Florida Statutes, to file International, LLC, 2667 Northaven Road, Dallas, Texas a petition or complaint protesting the application. 75229. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Leo Su, Galaxy Powersports, LLC d/b/a JCL Franchise Motor Vehicle Dealer in a County of Less International, LLC, 2667 Northaven Road, Dallas, Texas than 300,000 Population 75229. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Galaxy Powersports, LLC d/b/a JCL International, of the date of publication, a final order will be issued by the LLC, intends to allow the establishment of Solano Cycle, Inc., Department of Highway Safety and Motor Vehicles approving as a dealership for the sale of motorcycles manufactured by the establishment of the dealership, subject to the applicant’s Zhejiang Xingyue Vehicle Co. Ltd. (ZXYV) at 266 Blanding compliance with the provisions of Chapter 320, Florida Boulevard, Suites 1 & 3, Orange Park (Clay County), Florida Statutes. 32073, on or after May 12, 2009. The name and address of the dealer operator(s) and Notice of Publication for a New Point principal investor(s) of Solano Cycle, Inc. are dealer Franchise Motor Vehicle Dealer in a County of Less operator(s): Martin Solano, 266 Blanding Boulevard, Suites 1 than 300,000 Population & 3, Orange Park, Florida 32073; principal investor(s): Martin Pursuant to Section 320.642, Florida Statutes, notice is Solano, 4372 Sycamore Pass Court West, Jacksonville, Florida given that Galaxy Powersports, LLC d/b/a JCL International, 32258. LLC, intends to allow the establishment of Solano Cycle, Inc., The notice indicates intent to establish the new point as a dealership for the sale of motorcycles manufactured by location in a county of less than 300,000 population, according Shanghai Shenke Motorcycle Co. Ltd. (SHEN) at 266 to the latest population estimates of the University of Florida, Blanding Boulevard, Suites 1 & 3, Orange Park (Clay County), Bureau of Economic and Business Research. Florida 32073, on or after May 12, 2009. Certain dealerships of the same line-make may have The name and address of the dealer operator(s) and standing, pursuant to Section 320.642, Florida Statutes, to file principal investor(s) of Solano Cycle, Inc. are dealer a petition or complaint protesting the application. operator(s): Martin Solano, 266 Blanding Boulevard, Suites 1 Written petitions or complaints must be received by the & 3, Orange Park, Florida 32073; principal investor(s): Martin Department of Highway Safety and Motor Vehicles within 30 Solano, 4372 Sycamore Pass Court West, Jacksonville, Florida days of the date of publication of this notice and must be 32258. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of less than 300,000 population, according Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee to the latest population estimates of the University of Florida, Parkway, Tallahassee, Florida 32399-0635. Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Leo Su, Galaxy Powersports, LLC d/b/a JCL standing, pursuant to Section 320.642, Florida Statutes, to file International, LLC, 2667 Northaven Road, Dallas, Texas a petition or complaint protesting the application. 75229. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License

2666 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 the establishment of the dealership, subject to the applicant’s Zhejiang Xingyue Vehicle Co. Ltd. (ZXYV) at 32 San Marco compliance with the provisions of Chapter 320, Florida Avenue, St. Augustine (St. Johns County), Florida 32084, on or Statutes. after May 12, 2009. The name and address of the dealer operator(s) and Notice of Publication for a New Point principal investor(s) of Solano Cycle, Inc. are dealer Franchise Motor Vehicle Dealer in a County of Less operator(s): Martin Solano, 32 San Marco Avenue, St. than 300,000 Population Augustine, Florida 32084; principal investor(s): Martin Pursuant to Section 320.642, Florida Statutes, notice is Solano, 4372 Sycamore Pass Court West, Jacksonville, Florida given that Galaxy Powersports, LLC d/b/a JCL International, 32258. LLC, intends to allow the establishment of Solano Cycle, Inc., The notice indicates intent to establish the new point as a dealership for the sale of motorcycles manufactured by location in a county of less than 300,000 population, according Shanghai Shenke Motorcycle Co. Ltd. (SHEN) at 32 San to the latest population estimates of the University of Florida, Marco Avenue, St. Augustine (St. Johns County), Florida Bureau of Economic and Business Research. 32084, on or after May 12, 2009. Certain dealerships of the same line-make may have The name and address of the dealer operator(s) and standing, pursuant to Section 320.642, Florida Statutes, to file principal investor(s) of Solano Cycle, Inc. are dealer a petition or complaint protesting the application. operator(s): Martin Solano, 32 San Marco Avenue, St. Written petitions or complaints must be received by the Augustine, Florida 32084; principal investor(s): Martin Department of Highway Safety and Motor Vehicles within 30 Solano, 4372 Sycamore Pass Court West, Jacksonville, Florida days of the date of publication of this notice and must be 32258. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of less than 300,000 population, according Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee to the latest population estimates of the University of Florida, Parkway, Tallahassee, Florida 32399-0635. Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Leo Su, Galaxy Powersports, LLC d/b/a JCL standing, pursuant to Section 320.642, Florida Statutes, to file International, LLC, 2667 Northaven Road, Dallas, Texas a petition or complaint protesting the application. 75229. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Leo Su, Galaxy Powersports, LLC d/b/a JCL Franchise Motor Vehicle Dealer in a County of Less International, LLC, 2667 Northaven Road, Dallas, Texas than 300,000 Population 75229. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Johnny Pag Motorcycles, intends to allow the of the date of publication, a final order will be issued by the establishment of Swamp Cycles, LLC, as a dealership for the Department of Highway Safety and Motor Vehicles approving sale of Johnny Pag Motorcycles at 633 Northwest 13th Street, the establishment of the dealership, subject to the applicant’s Gainesville (Alachua County), Florida 32601, on or after May compliance with the provisions of Chapter 320, Florida 5, 2009. Statutes. The name and address of the dealer operator(s) and principal investor(s) of Swamp Cycles, LLC are dealer Notice of Publication for a New Point operator(s): Shawn Glasser, 1710 Southwest 49th Place, Franchise Motor Vehicle Dealer in a County of Less Gainesville, Florida 32608; principal investor(s): Shawn than 300,000 Population Glasser, 1710 Southwest 49th Place, Gainesville, Florida Pursuant to Section 320.642, Florida Statutes, notice is 32608. given that Galaxy Powersports, LLC d/b/a JCL International, The notice indicates intent to establish the new point LLC, intends to allow the establishment of Solano Cycle, Inc., location in a county of less than 300,000 population, according as a dealership for the sale of motorcycles manufactured by to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

Section XII - Miscellaneous 2667 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Certain dealerships of the same line-make may have A copy of such petition or complaint must also be sent by standing, pursuant to Section 320.642, Florida Statutes, to file U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a a petition or complaint protesting the application. Wildfire Motors, 11 Technology Way, Steubenville, Ohio Written petitions or complaints must be received by the 43952. Department of Highway Safety and Motor Vehicles within 30 If no petitions or complaints are received within 30 days days of the date of publication of this notice and must be of the date of publication, a final order will be issued by the submitted to: Nalini Vinayak, Administrator, Dealer License Department of Highway Safety and Motor Vehicles approving Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: JR Pag, CEO, Johnny Pag Motorcycles, 1851 Notice of Publication for a New Point McGaw, Irvine, California 92614. Franchise Motor Vehicle Dealer in a County of More If no petitions or complaints are received within 30 days than 300,000 Population of the date of publication, a final order will be issued by the Pursuant to Section 320.642, Florida Statutes, notice is Department of Highway Safety and Motor Vehicles approving given that Snyder Computer Systems, Inc. d/b/a Wildfire the establishment of the dealership, subject to the applicant’s Motors, intends to allow the establishment of Auto Land compliance with the provisions of Chapter 320, Florida Export Group, Inc., as a dealership for the sale of motorcycles Statutes. manufactured by China Qingqi Group Co. Ltd. (QING) at 4612 North Florida Avenue, Tampa (Hillsborough County), Florida Notice of Publication for a New Point 33603, on or after June 20, 2009. Franchise Motor Vehicle Dealer in a County of More The name and address of the dealer operator(s) and than 300,000 Population principal investor(s) of Auto Land Export Group, Inc. are Pursuant to Section 320.642, Florida Statutes, notice is dealer operator(s): Ahmed Elmunaier, 12519 Evington Point given that Snyder Computer Systems, Inc. d/b/a Wildfire Drive, Riverview, Florida 33603; principal investor(s): Ahmed Motors, intends to allow the establishment of Auto Land Elmunaier, 12519 Evington Point Drive, Riverview, Florida Export Group, Inc., as a dealership for the sale of motorcycles 33603. manufactured by Zhejiang Summit Huawin Motorcycle Co. The notice indicates intent to establish the new point Ltd. (POPC) at 4612 North Florida Avenue, Tampa location in a county of more than 300,000 population, (Hillsborough County), Florida 33603, on or after June 20, according to the latest population estimates of the University of 2009. Florida, Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Auto Land Export Group, Inc. are standing, pursuant to Section 320.642, Florida Statutes, to file dealer operator(s): Ahmed Elmunaier, 12519 Evington Point a petition or complaint protesting the application. Drive, Riverview, Florida 33603 and Mohamed Elmunaier, Written petitions or complaints must be received by the 12519 Evington Point Drive, Riverview, Florida 33603; Department of Highway Safety and Motor Vehicles within 30 principal investor(s): Ahmed Elmunaier, 12519 Evington Point days of the date of publication of this notice and must be Drive, Riverview, Florida 33603. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of more than 300,000 population, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee according to the latest population estimates of the University of Parkway, Tallahassee, Florida 32399-0635. Florida, Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a standing, pursuant to Section 320.642, Florida Statutes, to file Wildfire Motors, 11 Technology Way, Steubenville, Ohio a petition or complaint protesting the application. 43952. Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635.

2668 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of More principal investor(s) of Eco Green Machine, LLC are dealer than 300,000 Population operator(s): Ronnie Pournall, 7000 Park Boulevard, Pinellas Pursuant to Section 320.642, Florida Statutes, notice is Park, Florida 33781; principal investor(s): Ronnie Pournall, given that Snyder Computer Systems, Inc. d/b/a Wildfire 7000 Park Boulevard, Pinellas Park, Florida 33781. Motors, intends to allow the establishment of Auto Land The notice indicates intent to establish the new point Export Group, Inc., as a dealership for the sale of motorcycles location in a county of more than 300,000 population, manufactured by Zhejiang Leike Machinery Co. Ltd. (ZLMI) according to the latest population estimates of the University of at 4612 North Florida Avenue, Tampa (Hillsborough County), Florida, Bureau of Economic and Business Research. Florida 33603, on or after June 20, 2009. Certain dealerships of the same line-make may have The name and address of the dealer operator(s) and standing, pursuant to Section 320.642, Florida Statutes, to file principal investor(s) of Auto Land Export Group, Inc. are a petition or complaint protesting the application. dealer operator(s): Ahmed Elmunaier, 12519 Evington Point Written petitions or complaints must be received by the Drive, Riverview, Florida 33603; principal investor(s): Ahmed Department of Highway Safety and Motor Vehicles within 30 Elmunaier, 12519 Evington Point Drive, Riverview, Florida days of the date of publication of this notice and must be 33603. submitted to: Nalini Vinayak, Administrator, Dealer License The notice indicates intent to establish the new point Section, Department of Highway Safety and Motor Vehicles, location in a county of more than 300,000 population, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee according to the latest population estimates of the University of Parkway, Tallahassee, Florida 32399-0635. Florida, Bureau of Economic and Business Research. A copy of such petition or complaint must also be sent by Certain dealerships of the same line-make may have U.S. Mail to: Gene Chang, Lance Powersports, Inc., 5200 standing, pursuant to Section 320.642, Florida Statutes, to file Ontario Mills Parkway, 100-B, Ontario, California 91764. a petition or complaint protesting the application. If no petitions or complaints are received within 30 days Written petitions or complaints must be received by the of the date of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles within 30 Department of Highway Safety and Motor Vehicles approving days of the date of publication of this notice and must be the establishment of the dealership, subject to the applicant’s submitted to: Nalini Vinayak, Administrator, Dealer License compliance with the provisions of Chapter 320, Florida Section, Department of Highway Safety and Motor Vehicles, Statutes. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635. Notice of Publication for a New Point A copy of such petition or complaint must also be sent by Franchise Motor Vehicle Dealer in a County of More U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a than 300,000 Population Wildfire Motors, 11 Technology Way, Steubenville, Ohio Pursuant to Section 320.642, Florida Statutes, notice is 43952. given that Mod Cycles Corporation, intends to allow the If no petitions or complaints are received within 30 days establishment of Jude A. Mitchell d/b/a Jude's Cycle Service, of the date of publication, a final order will be issued by the as a dealership for the sale of motorcycles manufactured by Department of Highway Safety and Motor Vehicles approving Zongshen Industrial Group (ZONG) at 3038 North John Young the establishment of the dealership, subject to the applicant’s Parkway, Unit 2, Orlando (Orange County), Florida 32804, on compliance with the provisions of Chapter 320, Florida or after May 19, 2009. Statutes. The name and address of the dealer operator(s) and principal investor(s) of Jude A. Mitchell d/b/a Jude's Cycle Notice of Publication for a New Point Service are dealer operator(s): Jude A. Mitchell, Post Office Franchise Motor Vehicle Dealer in a County of More Box 585574, Orlando, Florida 32808; principal investor(s): than 300,000 Population Jude A. Mitchell, Post Office Box 585574, Orlando, Florida Pursuant to Section 320.642, Florida Statutes, notice is 32808. given that Lance Powersports, Inc., intends to allow the The notice indicates intent to establish the new point establishment of Eco Green Machine, LLC, as a dealership for location in a county of more than 300,000 population, the sale of motorcycles manufactured by Benzhou Vehicle according to the latest population estimates of the University of Industry Group Co. Ltd. (SHWI) at 7000 Park Boulevard, Florida, Bureau of Economic and Business Research. Pinellas Park (Pinellas County), Florida 33781, on or after May Certain dealerships of the same line-make may have 29, 2009. standing, pursuant to Section 320.642, Florida Statutes, to file a petition or complaint protesting the application.

Section XII - Miscellaneous 2669 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Written petitions or complaints must be received by the If no petitions or complaints are received within 30 days Department of Highway Safety and Motor Vehicles within 30 of the date of publication, a final order will be issued by the days of the date of publication of this notice and must be Department of Highway Safety and Motor Vehicles approving submitted to: Nalini Vinayak, Administrator, Dealer License the establishment of the dealership, subject to the applicant’s Section, Department of Highway Safety and Motor Vehicles, compliance with the provisions of Chapter 320, Florida Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Statutes. Parkway, Tallahassee, Florida 32399-0635. A copy of such petition or complaint must also be sent by Notice of Publication for a New Point U.S. Mail to: Javier Opoczynski, General Manager, Mod Franchise Motor Vehicle Dealer in a County of More Cycles Corporation, 7547 Northwest 52 Street, Miami, Florida than 300,000 Population 33166. Pursuant to Section 320.642, Florida Statutes, notice is If no petitions or complaints are received within 30 days given that Snyder Computer Systems, Inc. d/b/a Wildfire of the date of publication, a final order will be issued by the Motors, intends to allow the establishment of Japalu, Inc. d/b/a Department of Highway Safety and Motor Vehicles approving UPS Motors.com, as a dealership for the sale of motorcycles the establishment of the dealership, subject to the applicant’s manufactured by Zhejiang Jiajue Apollo Vehicle Manufacture compliance with the provisions of Chapter 320, Florida Co. Ltd. (JIAJ) at 9501 Northwest 27th Avenue, Miami (Dade Statutes. County), Florida 33147, on or after June 22, 2009. The name and address of the dealer operator(s) and Notice of Publication for a New Point principal investor(s) of Japalu, Inc. d/b/a UPS Motors.com are Franchise Motor Vehicle Dealer in a County of More dealer operator(s): Jaime Garcia, 5938 Southwest 112th Drive, than 300,000 Population Copper City, Florida 33330 and Juan Morales, 17938 Pursuant to Section 320.642, Florida Statutes, notice is Northwest 68th Avenue, Miami Lake, Florida 33015; principal given that Pacific Rim International West, Inc., intends to investor(s): Flor Rojas, 5938 Southwest 112th Drive, Copper allow the establishment of Mega Power Sports Corp., as a City, Florida 33330. dealership for the sale of motorcycles manufactured by The notice indicates intent to establish the new point Huzhou Daixi Zhenhua Technology Trade Co. Ltd. (DAIX) at location in a county of more than 300,000 population, 921 West International Speedway Boulevard, Daytona Beach according to the latest population estimates of the University of (Volusia County), Florida 32114, on or after May 12, 2009. Florida, Bureau of Economic and Business Research. The name and address of the dealer operator(s) and Certain dealerships of the same line-make may have principal investor(s) of Mega Power Sports Corp. are dealer standing, pursuant to Section 320.642, Florida Statutes, to file operator(s): David Levison, 921 West International Speedway a petition or complaint protesting the application. Boulevard, Daytona Beach, Florida 32114; principal Written petitions or complaints must be received by the investor(s): David Levison, 921 West International Speedway Department of Highway Safety and Motor Vehicles within 30 Boulevard, Daytona Beach, Florida 32114. days of the date of publication of this notice and must be The notice indicates intent to establish the new point submitted to: Nalini Vinayak, Administrator, Dealer License location in a county of more than 300,000 population, Section, Department of Highway Safety and Motor Vehicles, according to the latest population estimates of the University of Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Florida, Bureau of Economic and Business Research. Parkway, Tallahassee, Florida 32399-0635. Certain dealerships of the same line-make may have A copy of such petition or complaint must also be sent by standing, pursuant to Section 320.642, Florida Statutes, to file U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a a petition or complaint protesting the application. Wildfire Motors, 11 Technology Way, Steubenville, Ohio Written petitions or complaints must be received by the 43952. Department of Highway Safety and Motor Vehicles within 30 If no petitions or complaints are received within 30 days days of the date of publication of this notice and must be of the date of publication, a final order will be issued by the submitted to: Nalini Vinayak, Administrator, Dealer License Department of Highway Safety and Motor Vehicles approving Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Wendy Yu, Pacific Rim International West, Inc., 2260 South Archibald Avenue, Unit E, Ontario, California 91761.

2670 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of More principal investor(s) of Japalu, Inc. d/b/a UPS Motors.com are than 300,000 Population dealer operator(s): Jaime Garcia, 5938 Southwest 112th Drive, Pursuant to Section 320.642, Florida Statutes, notice is Copper City, Florida 33330 and Juan Morales, 17938 given that Snyder Computer Systems, Inc. d/b/a Wildfire Northwest 68th Avenue, Miami Lake, Florida 33015; principal Motors, intends to allow the establishment of Japalu, Inc. d/b/a investor(s): Flor Rojas, 5938 Southwest 112th Drive, Copper UPS Motors.com, as a dealership for the sale of motorcycles City, Florida 33330. manufactured by Kinroad Xintian Motorcycle Manufacture The notice indicates intent to establish the new point Co. Ltd. (KNRO) at 9501 Northwest 27th Avenue, Miami location in a county of more than 300,000 population, (Dade County), Florida 33147, on or after June 22, 2009. according to the latest population estimates of the University of The name and address of the dealer operator(s) and Florida, Bureau of Economic and Business Research. principal investor(s) of Japalu, Inc. d/b/a UPS Motors.com are Certain dealerships of the same line-make may have dealer operator(s): Jaime Garcia, 5938 Southwest 112th Drive, standing, pursuant to Section 320.642, Florida Statutes, to file Copper City, Florida 33330 and Juan Morales, 17938 a petition or complaint protesting the application. Northwest 68th Avenue, Miami Lake, Florida 33015; principal Written petitions or complaints must be received by the investor(s): Flor Rojas, 5938 Southwest 112th Drive, Copper Department of Highway Safety and Motor Vehicles within 30 City, Florida 33330. days of the date of publication of this notice and must be The notice indicates intent to establish the new point submitted to: Nalini Vinayak, Administrator, Dealer License location in a county of more than 300,000 population, Section, Department of Highway Safety and Motor Vehicles, according to the latest population estimates of the University of Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Florida, Bureau of Economic and Business Research. Parkway, Tallahassee, Florida 32399-0635. Certain dealerships of the same line-make may have A copy of such petition or complaint must also be sent by standing, pursuant to Section 320.642, Florida Statutes, to file U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a a petition or complaint protesting the application. Wildfire Motors, 11 Technology Way, Steubenville, Ohio Written petitions or complaints must be received by the 43952. Department of Highway Safety and Motor Vehicles within 30 If no petitions or complaints are received within 30 days days of the date of publication of this notice and must be of the date of publication, a final order will be issued by the submitted to: Nalini Vinayak, Administrator, Dealer License Department of Highway Safety and Motor Vehicles approving Section, Department of Highway Safety and Motor Vehicles, the establishment of the dealership, subject to the applicant’s Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee compliance with the provisions of Chapter 320, Florida Parkway, Tallahassee, Florida 32399-0635. Statutes. A copy of such petition or complaint must also be sent by U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a Notice of Publication for a New Point Wildfire Motors, 11 Technology Way, Steubenville, Ohio Franchise Motor Vehicle Dealer in a County of More 43952. than 300,000 Population If no petitions or complaints are received within 30 days Pursuant to Section 320.642, Florida Statutes, notice is of the date of publication, a final order will be issued by the given that Snyder Computer Systems, Inc. d/b/a Wildfire Department of Highway Safety and Motor Vehicles approving Motors, intends to allow the establishment of Japalu, Inc. d/b/a the establishment of the dealership, subject to the applicant’s UPS Motors.com, as a dealership for the sale of motorcycles compliance with the provisions of Chapter 320, Florida manufactured by China Qingqi Group Co. Ltd. (QING) at 9501 Statutes. Northwest 27th Avenue, Miami (Dade County), Florida 33147, on or after June 22, 2009. Notice of Publication for a New Point The name and address of the dealer operator(s) and Franchise Motor Vehicle Dealer in a County of More principal investor(s) of Japalu, Inc. d/b/a UPS Motors.com are than 300,000 Population dealer operator(s): Jaime Garcia, 5938 Southwest 112th Drive, Pursuant to Section 320.642, Florida Statutes, notice is Copper City, Florida 33330 and Juan Morales, 17938 given that Snyder Computer Systems, Inc. d/b/a Wildfire Northwest 68th Avenue, Miami Lake, Florida 33015; principal Motors, intends to allow the establishment of Japalu, Inc. d/b/a investor(s): Flor Rojas, 5938 Southwest 112th Drive, Copper UPS Motors.com, as a dealership for the sale of motorcycles City, Florida 33330. manufactured by Zhejiang Summit Huawin Motorcycle Co. The notice indicates intent to establish the new point Ltd. (POPC) at 9501 Northwest 27th Avenue, Miami (Dade location in a county of more than 300,000 population, County), Florida 33147, on or after June 22, 2009. according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

Section XII - Miscellaneous 2671 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

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 Apalachee a petition or complaint protesting the application. Parkway, Tallahassee, Florida 32399-0635. Written petitions or complaints must be received by the A copy of such petition or complaint must also be sent by Department of Highway Safety and Motor Vehicles within 30 U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a days of the date of publication of this notice and must be Wildfire Motors, 11 Technology Way, Steubenville, Ohio submitted to: Nalini Vinayak, Administrator, Dealer License 43952. Section, Department of Highway Safety and Motor Vehicles, If no petitions or complaints are received within 30 days Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee of the date of publication, a final order will be issued by the Parkway, Tallahassee, Florida 32399-0635. Department of Highway Safety and Motor Vehicles approving A copy of such petition or complaint must also be sent by the establishment of the dealership, subject to the applicant’s U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a compliance with the provisions of Chapter 320, Florida Wildfire Motors, 11 Technology Way, Steubenville, Ohio Statutes. 43952. 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 Snyder Computer Systems, Inc. d/b/a Wildfire Statutes. Motors, intends to allow the establishment of Japalu, Inc. d/b/a UPS Motors.com, as a dealership for the sale of motorcycles Notice of Publication for a New Point manufactured by Zhejiang Leike Machinery Co. Ltd. (ZLMI) Franchise Motor Vehicle Dealer in a County of More at 9501 Northwest 27th Avenue, Miami (Dade County), than 300,000 Population Florida 33147, on or after June 22, 2009. Pursuant to Section 320.642, Florida Statutes, notice is The name and address of the dealer operator(s) and given that Snyder Computer Systems, Inc. d/b/a Wildfire principal investor(s) of Japalu, Inc. d/b/a UPS Motors.com are Motors, intends to allow the establishment of Japalu, Inc. d/b/a dealer operator(s): Jaime Garcia, 5938 Southwest 112th Drive, UPS Motors.com, as a dealership for the sale of motorcycles Copper City, Florida 33330 and Juan Morales, 17938 manufactured by Jiangsu Sunhou S & T Motorcycle Co. Ltd. Northwest 68th Avenue, Miami Lake, Florida 33015; principal (SNHU) at 9501 Northwest 27th Avenue, Miami (Dade investor(s): Flor Rojas, 5938 Southwest 112th Drive, Copper County), Florida 33147, on or after June 22, 2009. City, Florida 33330. The name and address of the dealer operator(s) and The notice indicates intent to establish the new point principal investor(s) of Japalu, Inc. d/b/a UPS Motors.com are location in a county of more than 300,000 population, dealer operator(s): Jaime Garcia, 5938 Southwest 112th Drive, according to the latest population estimates of the University of Copper City, Florida 33330 and Juan Morales, 17938 Florida, Bureau of Economic and Business Research. Northwest 68th Avenue, Miami Lake, Florida 33015; principal Certain dealerships of the same line-make may have investor(s): Flor Rojas, 5938 Southwest 112th Drive, Copper standing, pursuant to Section 320.642, Florida Statutes, to file City, Florida 33330. a petition or complaint protesting the application. The notice indicates intent to establish the new point Written petitions or complaints must be received by the location in a county of more than 300,000 population, Department of Highway Safety and Motor Vehicles within 30 according to the latest population estimates of the University of days of the date of publication of this notice and must be Florida, Bureau of Economic and Business Research. submitted to: Nalini Vinayak, Administrator, Dealer License Certain dealerships of the same line-make may have Section, Department of Highway Safety and Motor Vehicles, standing, pursuant to Section 320.642, Florida Statutes, to file Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee a petition or complaint protesting the application. Parkway, Tallahassee, Florida 32399-0635. Written petitions or complaints must be received by the A copy of such petition or complaint must also be sent by Department of Highway Safety and Motor Vehicles within 30 U.S. Mail to: Dan Vogel, Snyder Computer Systems, Inc. d/b/a days of the date of publication of this notice and must be Wildfire Motors, 11 Technology Way, Steubenville, Ohio submitted to: Nalini Vinayak, Administrator, Dealer License 43952.

2672 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

If no petitions or complaints are received within 30 days PUBLIC SERVICE COMMISSION of the date of publication, a final order will be issued by the Notice for Comments on Proposed Changes Department of Highway Safety and Motor Vehicles approving the establishment of the dealership, subject to the applicant’s NOTICE IS HEREBY GIVEN THAT the Florida Public compliance with the provisions of Chapter 320, Florida Service Commission is soliciting comments on proposed Statutes. changes to AT&T’s (formerly known as BellSouth) Performance Assessment Plan filed in Docket No. 000121A-TP. Staff requests that any comments on changes to BOARD OF TRUSTEES OF THE INTERNAL the Plan be filed by June 24, 2009, with the Division of the IMPROVEMENT TRUST FUND Commission Clerk and Administrative Services, 2540 Notices for the Board of Trustees of the Internal Improvement Shumard Oak Boulevard, Tallahassee, FL 32399, (an Trust Fund between December 28, 2001 and June 30, 2006, go electronic version should also be provided to: Jerry Hallenstein to http://www.dep.state.fl.us/ under the link or button titled at [email protected]). The comments should specifically “Official Notices.” address AT&T’s Service Quality Measurement Plan Version 5.00 issued May 15, 2007, and the Self-Effectuating STATE BOARD OF ADMINISTRATION Enforcement Mechanism Administrative Plan Version 5.00 also dated May 15, 2007. All parties are encouraged to Estimated Borrowing Capacity electronically submit a redline version of both plans. NOTICE IS HEREBY GIVEN by the State Board of For additional information, please contact: Timisha Brooks, Administration of Florida (“the Board”) of its estimate of the Office of General Counsel at (850)413-6212. borrowing capacity of the Florida Hurricane Catastrophe Fund (“the Fund”) and the projected balance of the Fund as of DEPARTMENT OF ENVIRONMENTAL PROTECTION December 31, 2009, in compliance with the requirements of Section 215.555(4)(c)2., Florida Statutes. The projected Notices for the Department of Environmental Protection year-end balance on December 31, 2009, is estimated to be between December 28, 2001 and June 30, 2006, go to $4.330 billion, which represents the amount of assets available http://www.dep.state.fl.us/ under the link or button titled to pay claims, not including any bond proceeds, resulting from “Official Notices.” Covered Events which may occur during the June 1, 2009, through May 30, 2010, Contract Year. The Fund’s projected NOTICE OF AVAILABILITY post-event borrowing capacity estimate is $8 billion. Given FLORIDA CATEGORICAL EXCLUSION NOTIFICATION the current state of the financial markets, the range of potential Town of Longboat Key borrowing capacity estimates is dependent on many factors, The Florida Department of Environmental Protection has such as: the size of the event, the markets accessed, the time determined that the Town of Longboat Key’s project to replace necessary to access such markets, and the interest rates existing mains in its water distribution system and modify a utilized. The estimated borrowing capacity and projected pump station will not adversely affect the environment. The available year-end cash balance, together with other liquid total cost of the project is estimated to be $7,000,000. The resources, provides the Fund with a total estimated loss project may qualify for a Drinking Water State Revolving Fund reimbursement capacity of $15.830 billion over the next twelve loan composed of federal funds and state funds. months. Greater detail can be obtained in the “May 2009 A full copy of the Florida Categorical Exclusion Notification Estimated Loss Reimbursement Capacity” Report, which can can be obtained by writing: Paul Brandl, Department of be found on the Fund’s website at www.sbafla.com/fhcf/ under Environmental Protection, Bureau of Water Facilities Funding, “Bonding Program”. The obligation of the Board for the 2600 Blair Stone Road, MS #3505, Tallahassee, Florida payment of reimbursable losses is limited in Section 32399-2400 or calling (850)245-8373. 215.555(4)(c)2., Florida Statutes, and shall not exceed the actual claims-paying capacity of the Fund. The Board recognizes that its good faith estimate is being made while NOTICE OF AVAILABILITY highly volatile global financial market conditions exist; FLORIDA CATEGORICAL EXCLUSION NOTIFICATION therefore, changing market conditions can dramatically impact City of North Miami Beach the Fund’s actual loss reimbursement capacity either positively The Florida Department of Environmental Protection has or negatively. Current conditions may or may not be the same determined that the City of North Miami Beach’s project to if and when the Board determines that it is necessary to seek construct water improvements at the Norwood-Oeffler Water the issuance of revenue bonds. Treatment Plant will not adversely affect the environment. The

Section XII - Miscellaneous 2673 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009 total cost of the project is estimated to be $5,182,000. The EPA. Waters within each basin that have been verified as project may qualify for a Drinking Water State Revolving Fund impaired waters are set forth in Exhibits to each final order; the loan composed of federal funds and state funds. Exhibits also reflect waters that will be delisted. A full copy of the Florida Categorical Exclusion Notification A copy of the above-referenced final orders may be obtained can be obtained by writing: Gregg Caro, Department of by contacting: Ms. Pat Waters, Department of Environmental Environmental Protection, Bureau of Water Facilities Funding, Protection, 2600 Blair Stone Road, Watershed Assessment, MS 2600 Blair Stone Road, MS #3505, Tallahassee, Florida 3555, Tallahassee, Florida 32399-2400, (850)245-8449 or 32399-2400 or calling (850)245-8546. www.dep.state.fl.us/legal/final_orders/finalorders.htm.

NOTICE OF AVAILABILITY NOTICE OF AVAILABILITY FLORIDA CATEGORICAL EXCLUSION NOTIFICATION FLORIDA CATEGORICAL EXCLUSION NOTIFICATION Town of Century Fairpoint Regional Utility System The Florida Department of Environmental Protection has The Florida Department of Environmental Protection has determined that the Town of Century’s project to construct a determined that Fairpoint Regional Utility System’s project to new 500,000 Gallon elevated storage tank, install two natural construct a new water supply well, water treatment facility, and gas operated back-up generators, 18,000 feet of 6-inch water a water transmission line to connect the new facilities to the main and a booster station will not adversely affect the existing system will not adversely affect the environment. The environment. The total cost of the project is estimated to be total cost of the project is estimated to be $2,520,000. The $1,992,000. The project may qualify for a Drinking Water project may qualify for a Drinking Water State Revolving Fund State Revolving Fund loan composed of funds from the loan composed of federal funds and state funds. American Recovery and Reinvestment Act of 2009. A full copy of the Florida Categorical Exclusion Notification A full copy of the Florida Categorical Exclusion Notification can be obtained by writing: Venkata Panchakarla, Department can be obtained by writing: Isaac Santos, Department of of Environmental Protection, Bureau of Water Facilities Environmental Protection, Bureau of Water Facilities Funding, Funding, 2600 Blair Stone Road, MS #3505, Tallahassee, 2600 Blair Stone Road, MS #3505, Tallahassee, Florida Florida 32399-2400 or calling (850)245-8366. 32399-2400 or calling (850)245-7546. NOTICE OF AVAILABILITY Notice of Entry of Final Order Adopting Verified List of FLORIDA CATEGORICAL EXCLUSION NOTIFICATION Impaired Waters and Delisting of Waters City of Plantation The Department of Environmental Protection gives notice that, The Florida Department of Environmental Protection has pursuant to Section 403.067(4), F.S., and Chapter 62-303, determined that the City of Plantation’s project to replace F.A.C., three final orders were entered on May 19, 2009, existing mains in its water distribution system will not adopting or revising Verified Lists of Impaired Waters for the adversely affect the environment. The total cost of the project second assessment of Group 1 and Group 2 waters and the first is estimated to be $2,840,000. The project may qualify for a assessment of the Group 5 basins. In addition, certain waters Drinking Water State Revolving Fund loan composed of were delisted within each basin. The second assessment of the federal funds and state funds. Group 2 basins is being adopted for the first time and includes A full copy of the Florida Categorical Exclusion Notification the following basins: Apalachicola-Chipola, Tampa Bay can be obtained by writing: Venkata Panchakarla, Department Tributaries, Charlotte Harbor, St. Lucie-Loxahatchee, Middle of Environmental Protection, Bureau of Water Facilities St. Johns River, and Lower St. Johns River. In addition, the Funding, 2600 Blair Stone Road, MS #3505, Tallahassee, previously adopted Group 5 and Group 1 Verified Lists of Florida 32399-2400 or calling (850)245-8366. Impaired Waters and Delist lists have been revised. The Group 5 basins include the following basins: Everglades, Florida NOTICE OF INTENT TO ISSUE PROPOSED Keys, Indian River Lagoon, Perdido, Springs Coast, and Upper MODIFICATION OF POWER PLANT CERTIFICATION East Coast. The Group 1 basins include the following basins: Everglades West Coast, Lake Okeechobee, Ochlockonee/St. The Florida Department of Environmental Protection Marks, Ocklawaha, Suwannee/Santa Fe, and Tampa Bay. (Department) hereby provides notice of an intent to modify the These lists will be submitted to the United States Power Plant Conditions of Certification issued pursuant to the Environmental Protection Agency (EPA) pursuant to Section Florida Electrical Power Plant Siting Act, Chapter 403.501 et 303(d) of the federal Clean Water Act and shall serve to update seq., Florida Statutes, concerning: Crystal River Energy Center the previously approved Section 303(d) statewide list of Units 3, 4 & 5, Power Plant Siting Application No. PA77-09, Florida waters. These listings and delistings will also update OGC Case No. 08-2881. On November 17, 2008 the the Group 2, Group 5, and Group 1 lists maintained by the Department received a petition to modify the Conditions of

2674 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Certification for Crystal River Units 3, 4 & 5 from Progress General determined that this summary procedure was fair Energy Florida pursuant to Section 403.516(1)(c), Florida under the circumstances, in that there was no other method Statutes, for the addition of a gypsum material handling pad available to adequately protect the public. and an associated truck turnaround loop at the site. The Department proposes to modify the Conditions of Certification On May 18, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State for the new gypsum material handling pad and truck loop, and Surgeon General, issued an Order of Emergency Suspension to incorporate Department initiated updates. A copy of the Order with regard to the license of Jessica Renee Pollock, proposed modification may be obtained by contacting Michael C.N.A. license #132407. This Emergency Suspension Order P. Halpin, P.E., Administrator, Siting Coordination Office, was predicated upon the State Surgeon General’s findings of an Department of Environmental Protection, 3900 immediate and serious danger to the public health, safety and Commonwealth Blvd., MS 48, Tallahassee, FL 32399-3000, welfare pursuant to Sections 456.073(8) and 120.60(6), Florida (850)245-2002. Pursuant to Section 403.516(1)(c)2., Florida Statutes. The State Surgeon General determined that this Statutes, parties to the certification proceeding have 45 days summary procedure was fair under the circumstances, in that from issuance of notice to such party’s last address of record in there was no other method available to adequately protect the which to object to the requested modification. Failure of any of public. the parties to file a response will constitute a waiver of objection to the requested modification. Any person who is not On May 19, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State already a party to the certification proceeding and whose Surgeon General, issued an Order of Emergency Suspension substantial interest is affected by the requested modification Order with regard to the license of Chikita Michelle Raines, has 30 days from the date of publication of this public notice to L.P.N, license #PN 5145328. This Emergency Suspension object in writing. The written objection must be filed Order was predicated upon the State Surgeon General’s (received) in the Office of General Counsel of the Department findings of an immediate and serious danger to the public at 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, health, safety and welfare pursuant to Sections 456.073(8) and Florida, 32399-3000. If no objections are received, then a Final 120.60(6), Florida Statutes. The State Surgeon General Order approving the modification shall be issued by the determined that this summary procedure was fair under the Department. If objections are raised and agreement can not be circumstances, in that there was no other method available to reached, then pursuant to Rule 62-17.211, Florida adequately protect the public. Administrative Code, the applicant may file a petition for modification seeking approval of those portions of the request On May 19, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State for modification to which written objections were timely filed. Surgeon General, issued an Order of Emergency Suspension Mediation is not available in this proceeding. Order with regard to the license of Jacqueline E. Wiginton, C.N.A., a.k.a. Jacqueline Wiggington, a.k.a. Jacqueline FLORIDA STATE CLEARINGHOUSE Wingington, license #CNA 77217. This Emergency The state is coordinating reviews of federal activities and Suspension Order was predicated upon the State Surgeon federally funded projects as required by Section 403.061(40), General’s findings of an immediate and serious danger to the F.S. A list of projects, comments deadlines and the address for public health, safety and welfare pursuant to Sections providing comments are available at http://www.dep.state.fl.us 456.073(8) and 120.60(6), Florida Statutes. The State Surgeon /secretary/oip/state_clearinghouse/. For information, call General determined that this summary procedure was fair (850)245-2161. This public notice fulfills the requirements of under the circumstances, in that there was no other method 15 CFR 930. available to adequately protect the public.

DEPARTMENT OF HEALTH On May 19, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State On May 18, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State Surgeon General, issued an Order of Emergency Suspension Surgeon General, issued an Order of Emergency Suspension Order with regard to the license of Ira L. Friedberg, R.Ph., Order with regard to the certificate of Leslie Doreen Braeseker, license #PS 23100. This Emergency Suspension Order was C.R.T. certificate #28244. This Emergency Suspension Order predicated upon the State Surgeon General’s findings of an was predicated upon the State Surgeon General’s findings of an immediate and serious danger to the public health, safety and immediate and serious danger to the public health, safety and welfare pursuant to Sections 456.073(8) and 120.60(6), Florida welfare pursuant to Chapters 20 and 468, Park IV, Section Statutes. The State Surgeon General determined that this 20.43 and 120.60(6), Florida Statutes. The State Surgeon summary procedure was fair under the circumstances, in that there was no other method available to adequately protect the public.

Section XII - Miscellaneous 2675 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

DEPARTMENT OF FINANCIAL SERVICES EXPANDED FIELD OF MEMBERSHIP Notice is hereby given that the Office of Financial Regulation, NOTICE TO ALL POLICYHOLDERS, CREDITORS AND Division of Financial Institutions, has received a request by a CLAIMANTS HAVING BUSINESS WITH MD MEDICARE credit union to expand its field of membership. Specific CHOICE, INC. information regarding the expansion can be found at: IN THE CIRCUIT COURT OF THE SECOND JUDICIAL http://www.flofr.com/banking/cufm.asp. CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA Name and Address of Applicant: Community South Credit CASE NO.: 2008-3191 Union, Post Office Box 623, Chipley, Florida 32428 In Re: The Receivership of MD MEDICARE CHOICE, INC., Expansion Includes: Geographic based a Florida Health Maintenance Organization. Received: May 19, 2009 NOTICE TO ALL POLICYHOLDERS, CREDITORS, AND CLAIMANTS HAVING BUSINESS WITH MD MEDICARE CHOICE, INC. SOIL AND WATER CONSERVATION DISTRICTS You are hereby notified that by order of the Circuit Court Broward Soil and Water Conservation District will Co-Sponsor of the Second Judicial Circuit, in and for Leon County, Florida, a series of four free public Workshops for the Lauderdale entered the 29th day of September, 2008, the Department of Lakes Clean and Green Project, along with the City of Financial Services of the State of Florida was appointed as Lauderdale Lakes, Waste Management and the South Florida Receiver of MD MEDICARE CHOICE, INC., effective at Water Management District. 11:59 p.m., September 30, 2008, and was ordered to liquidate You will learn “helpful and practical information on what you the assets located in Florida of said company. can do to save money and live a cleaner, greener and more Policyholders, claimants, creditors, and other persons in environmentally-friendly lifestyle!” this State having claims against the assets of MD MEDICARE Community Gardening Workshop and Home Garden Contest CHOICE, INC., shall present such claims to the Receiver on or Kickoff before 11:59 p.m., Wednesday, September 30, 2009, or such Saturday, May 23, 2009, 10:00 a.m. – 12:00 Noon, Walmart at claims shall be forever barred. US 441 & Oakland Park Blvd. Requests for forms for the presentation of such claims and Recycling/Anti-Littering and Pointless Personal Pollution inquiries concerning this Receivership should be addressed to: Saturday, June 27, 2009, 10:00 a.m. – 12:00 Noon, The Division of Rehabilitation and Liquidation of the Florida Multipurpose Building at 4345 N. W. 36th Street. Department of Financial Services, Receiver for MD Water and Energy Conservation MEDICARE CHOICE, INC., Post Office Box 110, Saturday, July 25, 2009, 10:00 a.m. – 12:00 Noon, Shoppes of Tallahassee, Florida 32302-0110. Additional information may St. Croix at US 441 and N. W. 34th Street. be found at: www.floridainsurancereceiver.org. Maintaining Your Garden and Community Roundtable Saturday, August 22, 2009, 10:00 a.m. – 12:00 Noon., Willie FINANCIAL SERVICES COMMISSION Webb, Sr. Park at 3601 N. W. 21st Street. NOTICE OF FILINGS For additional information: (954)535-2785 or Mail@Broward NOTICE IS HEREBY GIVEN THAT the Office of Financial SWCD.org. Regulation, Division of Financial Institutions, has received the following application. Comments may be submitted to the FEDERAL EMERGENCY MANAGEMENT AGENCY Director, 200 East Gaines Street, Tallahassee, Florida 32399-0371, for inclusion in the official record without The Federal Emergency Management Agency (FEMA) hereby requesting a hearing. However, pursuant to provisions gives notice to the public of its intent to reimburse eligible specified in Chapter 69U-105, Florida Administrative Code, applicants for eligible costs to repair and/or replace facilities any person may request a public hearing by filing a petition damaged by the Severe Storms, Flooding, Tornadoes and with the: Clerk, Legal Services Office, Office of Financial Straight-Line Winds occurring during the period starting Regulation, 200 East Gaines Street, Tallahassee, Florida March 26, 2009 and ending May 5, 2009. This notice applies to 32399-0379. The Petition must be received by the Clerk within the Public Assistance (PA), Individual Assistance (IA) and twenty-one (21) days of publication of this notice (by 5:00 Hazard Mitigation Grant (HMGP) programs implemented P.M., June 19, 2009): under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. APPLICATION TO MERGE Under a major disaster declaration (FEMA-1831-DR-FL) Constituent Institutions: First America Bank, Osprey, Florida, signed by the President on April 21, 2009, the following and Manatee River Community Bank, FSB, Palmetto, Florida counties have been designated eligible for PA: Bay, Calhoun, Resulting Institution: First America Bank Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Received: May 19, 2009 Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa

2676 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Rosa, Wakulla, Walton and Washington. Additional counties floodplain/wetland, and that the site is the only practicable may be designated at a later date. All counties in the State of alternative. State of Florida and local officials will confirm to Florida are eligible for HMGP. FEMA that proposed actions comply with all applicable State This public notice concerns activities that may affect historic and local floodplain management and wetland protection properties, activities that are located in or affect wetland areas requirements. or the 100-year floodplain, and critical actions within the FEMA intends to provide HMGP funding to the State of 500-year floodplain. Such activities may adversely affect the Florida to mitigate future disaster damages. These projects may historic property, floodplain or wetland, or may result in include construction of new facilities that exceed code continuing vulnerability to flood damage. requirements, modification of existing, undamaged facilities, Presidential Executive Orders 11988 and 11990 require that all relocation of facilities out of floodplains, demolition of federal actions in or affecting the floodplain or wetlands be structures, or other types of projects to mitigate future disaster reviewed for opportunities to relocate, and evaluated for social, damages. In the course of developing project proposals, economic, historical, environmental, legal and safety subsequent public notices will be published if necessary, as considerations. Where there is no opportunity to relocate, more specific information becomes available. FEMA is required to undertake a detailed review to determine The National Historic Preservation Act requires federal what measures can be taken to minimize future damages. The agencies to take into account the effects of their undertakings public is invited to participate in the process of identifying on historic properties. Those actions or activities affecting alternatives and analyzing their impacts. buildings, structures, districts or objects 50 years or older or FEMA has determined that for certain types of facilities the that affect archeological sites or undisturbed ground will best alternative is restoration in the floodplain/wetland. These require further review to determine if the property is eligible are facilities that meet all of the following criteria: 1) FEMA’s for listing in the National Register of Historic Places estimate of the cost of repairs is less than 50% of the cost to (Register). If the property is determined to be eligible for the replace the entire facility, and is less than $100,000; 2) the Register, and FEMA’s undertaking will adversely affect it, facility is not located in a floodway; 3) the facility has not FEMA will provide additional public notices. For historic sustained major structural damage in a previous Presidentially properties not adversely affected by FEMA’s undertaking, this declared flooding disaster or emergency; and 4) the facility is will be the only public notice. not critical (e.g., the facility is not a hospital, generating plant, As noted, this may be the only public notice regarding the emergency operations center, or a facility that contains above-described actions under the PA, IA and HMGP dangerous materials). FEMA intends to provide assistance for programs. Interested persons may obtain information about the restoration of these facilities to their pre-disaster condition, these actions or a specific project by writing to: Federal except for certain measures to mitigate the effects of future Emergency Management Agency, Joint Field Office, 2728 flooding or other hazards may be included in the work. For Centerview Drive, Tallahassee, Florida 32301, or by calling example, a bridge or culvert restoration may include a larger (850)309-8601. Comments should be sent in writing to Jeffrey waterway opening to decrease the risk of future washouts. Bryant, Federal Coordinating Officer, at the above address For routine activities, this will be the only public notice within 15 days of the date of this notice. provided. Other activities and those involving facilities that do not meet the four criteria are required to undergo more detailed AVISO PÚBLICO review, including study of alternate locations. Subsequent Por este medio, la Agencia Federal para el Manejo de public notices regarding such projects will be published if Emergencias (FEMA, por sus siglas en inglés) avisa al público necessary, as more specific information becomes available. su intención de rembolsar a los solicitantes elegibles los gastos In many cases, an applicant may have started facility elegibles de reparación y/o remplazo de instalaciones dañadas restoration before federal involvement. Even if the facility por las Severas Tormentas, Inundaciones, Tornados y Vientos must undergo detailed review and analysis of alternate Directos ocurridos durante el periodo del 26 de marzo al 5 de locations, FEMA will fund eligible restoration at the original mayo de 2009. Este aviso aplica a los programas de Asistencia location if the facility is functionally dependent on its Pública (PA, por sus siglas en inglés), Asistencia Individual floodplain location (e.g., bridges and flood control facilities), (IA, por sus siglas en inglés) y de Subvención para Mitigación or the project facilitates an open space use, or the facility is an de Riesgos (HMGP, por sus siglas en inglés) implantados integral part of a larger network that is impractical or según autoriza la Ley Robert T. Stafford de Ayuda por Desastre uneconomical to relocate, such as a road. In such cases, FEMA y Asistencia en Emergencias, 42 U.S.C. §§ 5121-5207. must also examine the possible effects of not restoring the Bajo una declaración de desastre mayor (FEMA-1831-DR-FL) facility, minimize floodplain/wetland impacts, and determine firmada por el presidente el 21 de abril de 2009, los siguientes both that an overriding public need for the facility clearly condados fueron designados elegibles para PA: Bay, Calhoun, outweighs the Executive Order requirements to avoid the Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes,

Section XII - Miscellaneous 2677 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa proveerá los fondos por la restauración elegible en la ubicación Rosa, Wakulla, Walton y Washington. Podrían designarse original si la instalación depende funcionalmente de su condados adicionales en una fecha futura. Todos los condados ubicación en el valle aluvial (p. ej., puentes e instalaciones de del estado de la Florida son elegibles para HMGP. control de inundaciones), o el proyecto facilita el uso de un Este aviso público concierne las actividades que podrían espacio abierto, o la instalación es parte integral de una red afectar propiedades históricas, actividades ubicadas en mayor que no resulta práctico o económico reubicar, como una humedales o el valle aluvial de 100 años, o que los afecten, y carretera. En estos casos, FEMA también tiene que examinar las acciones críticas dentro del valle aluvial de 500 años. Estas los posibles efectos de no restaurar la instalación, minimizar el actividades podrían afectar adversamente propiedad histórica, impacto a valles aluviales / humedales y determinar que la valles aluviales o humedales, o podrían resultar en necesidad pública primordial de la instalación claramente vulnerabilidad continua a daños por inundación. sobrepasa los requisitos de la Orden Ejecutiva para evitar el Las Órdenes Presidenciales Ejecutivas 11988 y 11990 valle aluvial /humedal, y que el sitio es la única alternativa requieren que todas las acciones federales en el valle aluvial o practicable. Funcionarios del estado de Florida y locales en los humedales, o que los afecten, sean revisadas para confirmarán a FEMA que las acciones propuestas cumplirán oportunidades de reubicar, y evaluar las consideraciones con todos los requisitos aplicables estatales y locales de sociales, económicas, históricas, ambientales, legales y de manejo de valles aluviales y de protección de humedales. seguridad. Cuando no haya oportunidad de reubicación, FEMA FEMA pretende proveer fondos para HMGP al estado de tiene como requisito realizar una revisión detallada para Florida para mitigar daños por desastres futuros. Estos determinar las medidas que pueden tomarse para minimizar proyectos pueden incluir construcción de instalaciones nuevas daños futuros. Se invita al público a participar en el proceso de que sobrepasen los requisitos de codificación, modificación de identificar alternativas y analizar sus impactos. instalaciones existentes sin daños, reubicación de instalaciones FEMA ha determinado que, para ciertos tipos de instalaciones, a lugares fuera de los valles aluviales, demolición de la mejor alternativa es la restauración en el valle estructuras u otros tipos de proyectos para mitigar daños por aluvial/humedal. Éstas son instalaciones que cumplen con todo desastres futuros. En el transcurso del desarrollo de propuestas lo siguiente: 1) el estimado de costos de FEMA para las de proyectos, se publicarán avisos públicos subsiguientes de reparaciones es menos del 50% del costo de remplazar la ser necesario, según aparezca información más específica. instalación completa, y menos de $100,000; 2) la instalación La Ley Nacional de Conservación Histórica requiere que las no está ubicada en un área propensa a inundación; 3) la agencias federales tomen en consideración los efectos de sus instalación no ha sufrido daños estructurales serios en un acciones en propiedades históricas. Esas acciones o actividades desastre o emergencia anterior de inundación declarada por el que afectan edificios, estructuras, distritos u objetos de más de presidente y 4) la instalación no es crítica (p. ej., la instalación 50 años o que afectan sitios arqueológicos o terrenos sin no es un hospital, planta generatriz, centro de operación en perturbar requerirán mayor revisión para determinar si la emergencias o instalación que contenga materiales peligrosos). propiedad es elegible para aparecer en el Registro Nacional de FEMA pretende proveer asistencia para la restauración de estas Lugares Históricos (Registro). Si se determina que la instalaciones a su condición previa al desastre, excepto para propiedad es elegible para estar en el Registro, y las acciones ciertas medidas para mitigar los efectos de inundaciones de FEMA la afectarán adversamente, FEMA proveerá avisos futuras u otros peligros que podrían incluirse en el trabajo. Por públicos adicionales. Éste será el único aviso público para las ejemplo, la restauración de un puente o alcantarilla puede propiedades históricas que no se verán afectadas adversamente incluir una apertura más grande de la vía fluvial para reducir el por las acciones de FEMA. riesgo de futura erosión del suelo por inundación. Según mencionado, éste será el único aviso público Éste será el único aviso público que se proveerá para las relacionado con las acciones antes descritas bajo los programas actividades de rutina. Otras actividades y las que involucran de PA, IA y HMGP. Las personas interesadas en obtener instalaciones que no cumplan con los cuatro criterios tienen información sobre estas acciones o un proyecto en particular que pasar por una revisión más detallada, que incluya el pueden escribir a: Federal Emergency Management Agency, estudio de ubicaciones alternas. Se publicarán avisos públicos Joint Field Office, 2728 Centerview Drive, Tallahassee, subsiguientes para dichos proyectos, de ser necesario, y según Florida 32301, o llamar al (850)309-8601. Los comentarios aparezca información más específica. deben enviarse por escrito a Jeffrey Bryant, Federal En muchos casos, es posible que un solicitante comience la Coordinating Officer, a la dirección anterior en un periodo de restauración de una instalación antes de que el gobierno federal 15 días después de la fecha de este aviso. se involucre. Aunque la instalación tenga que pasar por una revisión detallada y un análisis de ubicación alterna, FEMA

2678 Section XII - Miscellaneous Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Section XIII Rule No. File Date Effective Proposed Amended Index to Rules Filed During Preceding Week Date Vol./No. Vol./No. Miscellaneous Tax RULES FILED BETWEEN May 11, 2009 12B-5.020 5/12/09 6/1/09 35/5 35/11 and May 15, 2009 12B-5.030 5/12/09 6/1/09 35/5 12B-5.040 5/12/09 6/1/09 35/5 Rule No. File Date Effective Proposed Amended 12B-5.050 5/12/09 6/1/09 35/5 Date Vol./No. Vol./No. 12B-5.060 5/12/09 6/1/09 35/5 12B-5.070 5/12/09 6/1/09 35/5 DEPARTMENT OF REVENUE 12B-5.080 5/12/09 6/1/09 35/5 12-14.003 5/12/09 6/1/09 34/5 12B-5.090 5/12/09 6/1/09 35/5 12-14.005 5/12/09 6/1/09 34/5 12B-5.100 5/12/09 6/1/09 35/5 12-18.001 5/12/09 6/1/09 35/5 35/10 12B-5.110 5/12/09 6/1/09 35/5 12-18.002 5/12/09 6/1/09 35/5 12B-5.121 5/12/09 6/1/09 35/5 35/14 12-18.004 5/12/09 6/1/09 35/5 35/10 12B-5.130 5/12/09 6/1/09 35/5 35/14 12-18.008 5/12/09 6/1/09 35/5 12B-5.150 5/12/09 6/1/09 35/5 35/11 12-24.001 5/12/09 6/1/09 35/5 12B-5.150 5/12/09 6/1/09 35/5 12-24.002 5/12/09 6/1/09 35/5 12B-5.400 5/12/09 6/1/09 35/5 12-24.003 5/12/09 6/1/09 35/5 12B-5.401 5/12/09 6/1/09 35/5 12-24.004 5/12/09 6/1/09 35/5 12B-8.016 5/12/09 6/1/09 34/51 12-24.005 5/12/09 6/1/09 35/5 12-24.007 5/12/09 6/1/09 35/5 STATE BOARD OF ADMINISTRATION 12-24.008 5/12/09 6/1/09 35/5 Florida Prepaid Postsecondary Education Expense Board 12-24.009 5/12/09 6/1/09 35/5 19B-16.003 5/14/09 6/3/09 35/14 12-24.010 5/12/09 6/1/09 35/5 12-24.011 5/12/09 6/1/09 35/5 DEPARTMENT OF CORRECTIONS 12-28.001 5/12/09 6/1/09 35/5 33-601.243 5/15/09 6/4/09 35/13 12-28.002 5/12/09 6/1/09 35/5 12-28.003 5/12/09 6/1/09 35/5 WATER MANAGEMENT DISTRICTS 12-28.004 5/12/09 6/1/09 35/5 Suwannee River Water Management District 12-28.005 5/12/09 6/1/09 35/5 40B-9.011 5/11/09 5/31/09 34/50 34/52 12-28.006 5/12/09 6/1/09 35/5 40B-9.021 5/11/09 5/31/09 34/50 34/52 12-28.007 5/12/09 6/1/09 35/5 40B-9.031 5/11/09 5/31/09 34/50 34/52 12-28.008 5/12/09 6/1/09 35/5 40B-9.041 5/11/09 5/31/09 34/50 34/52 12-28.009 5/12/09 6/1/09 35/5 40B-9.042 5/11/09 5/31/09 34/50 34/52 40B-9.045 5/11/09 5/31/09 34/50 34/52 Sales and Use Tax 40B-9.051 5/11/09 5/31/09 34/50 34/52 12A-1.029 5/12/09 6/1/09 35/5 40B-9.061 5/11/09 5/31/09 34/50 34/52 12A-1.036 5/12/09 6/1/09 35/5 40B-9.065 5/11/09 5/31/09 34/50 34/52 12A-1.040 5/12/09 6/1/09 35/5 40B-9.071 5/11/09 5/31/09 34/50 34/52 12A-1.075 5/12/09 6/1/09 35/5 40B-9.081 5/11/09 5/31/09 34/50 34/52 12A-15.002 5/12/09 6/1/09 35/5 40B-9.111 5/11/09 5/31/09 34/50 34/52 12A-15.010 5/12/09 6/1/09 35/5 40B-9.121 5/11/09 5/31/09 34/50 34/52 12A-15.011 5/12/09 6/1/09 35/5 40B-9.122 5/11/09 5/31/09 34/50 34/52 12A-15.012 5/12/09 6/1/09 35/5 40B-9.123 5/11/09 5/31/09 34/50 34/52 12A-17.003 5/12/09 6/1/09 35/5

Section XIII - Index to Rules Filed During Preceding Week 2679 Florida Administrative Weekly Volume 35, Number 21, May 29, 2009

Rule No. File Date Effective Proposed Amended Rule No. File Date Effective Proposed Amended Date Vol./No. Vol./No. Date Vol./No. Vol./No.

40B-9.125 5/11/09 5/31/09 34/50 34/52 Board of Nursing 40B-9.126 5/11/09 5/31/09 34/50 34/52 64B9-3.014 5/11/09 5/31/09 35/11 40B-9.131 5/11/09 5/31/09 34/50 34/52 64B9-4.002 5/15/09 6/4/09 35/8 35/15 40B-9.132 5/11/09 5/31/09 34/50 34/52 40B-9.133 5/11/09 5/31/09 34/50 34/52 Board of Osteopathic Medicine 40B-9.134 5/11/09 5/31/09 34/50 34/52 64B15-12.003 5/12/09 6/1/09 33/39 35/9 40B-9.138 5/11/09 5/31/09 34/50 34/52 64B15-14.007 5/15/09 6/4/09 34/47 35/8 40B-9.1381 5/11/09 5/31/09 34/50 34/52 64B15-14.0076 5/15/09 6/4/09 34/47 35/8 40B-9.141 5/11/09 5/31/09 34/50 34/52 40B-9.1411 5/11/09 5/31/09 34/50 34/52 Board of Physical Therapy Practice 40B-9.142 5/11/09 5/31/09 34/50 34/52 64B17-2.001 5/12/09 6/1/09 35/13 40B-9.145 5/11/09 5/31/09 34/50 34/52 64B17-2.005 5/12/09 6/1/09 35/13 40B-9.151 5/11/09 5/31/09 34/50 34/52 64B17-6.001 5/12/09 6/1/09 35/13 40B-9.161 5/11/09 5/31/09 34/50 34/52 40B-9.320 5/11/09 5/31/09 34/50 34/52 Board of Speech-Language Pathology and Audiology 64B20-2.003 5/12/09 6/1/09 34/15 34/48 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION School Psychology Board of Professional Engineers 64B21-503.002 5/12/09 6/1/09 35/13 61G15-18.011 5/13/09 6/2/09 35/7 61G15-21.009 5/13/09 6/2/09 35/14 FLORIDA HOUSING FINANCE CORPORATION 67-48.002 5/11/09 5/31/09 35/12 DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Beaches and Shores DEPARTMENT OF FINANCIAL SERVICES 62B-26.014 5/15/09 5/15/09 35/6 35/13 Funeral and Cemetery Services 69K-25.004 5/13/09 6/2/09 35/13 Division of Recreation and Parks 62D-2.015 5/13/09 6/2/09 35/14 OIR Insurance Regulation 69O-157.302 5/11/09 5/31/09 34/43 35/2 DEPARTMENT OF HEALTH 69O-157.303 5/11/09 5/31/09 34/43 35/2 Board of Medicine 69O-157.304 5/11/09 5/31/09 34/43 35/2 64B8-42.001 5/11/09 5/31/09 34/51 35/14 64B8-42.002 5/11/09 5/31/09 34/51 35/14

2680 Section XIII - Index to Rules Filed During Preceding Week