Florida Administrative Weekly Volume 36, Number 20, May 21, 2010 Section I (2) An individual who is found to have been convicted of Notices of Development of Proposed Rules or pled guilty or nolo contendere to, whether or not adjudication is withheld, a crime which is a first degree and Negotiated Rulemaking misdemeanor, a felony, or any misdemeanor or felony involving moral turpitude shall be disqualified from eligibility DEPARTMENT OF EDUCATION for a license to operate a vending facility, unless the agency State Board of Education exempts the individual from disqualification based on a RULE NOS.: RULE TITLES: consideration of: 6A-18.042 Issuance of License (a) The passage of time since commission of the crime(s); 6A-18.0421 Conditions for Removal from a (b) The circumstances surrounding the crime(s); Facility; Suspension or Revocation (c) The nature of the harm caused any victim of the of License crime(s); and PURPOSE AND EFFECT: The purpose and effect of this rule (d) Other evidence provided by the applicant development is to enable criminal history record checks of demonstrating to a clear and convincing standard that the licensed vending facility vendors and applicants for licensing applicant should not be disqualified from eligibility. as vending facility vendors in the Division of Blind Services’ (3)(2) The Division shall issue a license to operate a Business Enterprises Program. vending facility after an individual applicant has satisfactorily SUBJECT AREA TO BE ADDRESSED: Issuance of License. completed the Application for the Vending Facility Training RULEMAKING AUTHORITY: 413.051(12) FS. Program and the subsequent Vending Facility Training LAW IMPLEMENTED: 413.011(2), 413.041, 413.051 FS. Program (See subsection 6A-18.046(2), F.A.C.). IF REQUESTED IN WRITING AND NOT DEEMED (4)(3) The license shall be continuously valid, subject to: UNNECESSARY BY THE AGENCY HEAD, A RULE (a) through (d) No change. DEVELOPMENT WORKSHOP WILL BE NOTICED IN Rulemaking Specific Authority 413.051(12) FS. Law Implemented THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE 413.011(2), 413.041, 413.051 FS. History–New 4-5-83, Amended WEEKLY. 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Formerly 6A-18.004, THE PERSON TO BE CONTACTED REGARDING THE Amended 10-20-98, Formerly 38K-1.004, Amended________. PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Joyce Hildreth, Director, 6A-18.0421 Conditions for Removal from a Facility; Division of Blind Services, Department of Education, 325 Suspension or Revocation of License. West Gaines Street, Room 1114, Tallahassee, FL 32399, (1) A vendor shall be removed from a vending facility or a (850)245-0300. To request a rule development workshop, license shall be suspended or revoked for failing or refusing to please contact: Lynn Abbott, Agency Clerk, Department of comply with these rules, the terms and conditions for licensure, Education, (850)245-9661 or e-mail [email protected] or the Licensed Operator Facility Agreement between the vendor go to https://app1.fldoe.org/rules/default.aspx and the Division, or the terms and conditions of any permit or lease for property on which a vending facility is located. THE PRELIMINARY TEXT OF THE PROPOSED RULE (2) A vendor shall also be removed from a vending DEVELOPMENT IS: facility, or a license shall be suspended or revoked for any of the following reasons: 6A-18.042 Issuance of License. (a) through (j) No change. (1) In order to be eligible for and maintain a license to (3) A vendor’s license to operate a vending facility may be operate a vending facility, an individual applicant must be: revoked for a failure to meet the criminal record requirements (a) Legally blind as defined in 34 CFR 395.1, Terms, and of Rule 6A-18.042, F.A.C. Section 413.033(1), Florida Statutes; (4)(3) The Division shall serve written notice of its intent (b) A citizen of the United States; to remove a vendor from a facility or to suspend or revoke a (c) Eighteen (18) years of age or older; and license by hand delivery or certified mail, to the vendor’s last (d) Possess a high school diploma or equivalency, and. known address. Such action shall be governed by Chapter 120, (e) Must undergo a security background investigation, Florida Statutes. which shall include, but not be limited to, fingerprinting, statewide criminal and juvenile records checks through the Rulemaking Specific 413.051(12) FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0041, Florida Department of Law Enforcement, and federal criminal Amended________. records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2287 Florida Administrative Weekly Volume 36, Number 20, May 21, 2010 DEPARTMENT OF TRANSPORTATION RULEMAKING AUTHORITY: 409.919 FS. RULE NO.: RULE TITLE: LAW IMPLEMENTED: 409.902, 409.906(11), 409.912(7), 14-24.001 Provisions for Prompt Settlement or 409.913 FS. Legal Defense of Claims and IF REQUESTED IN WRITING AND NOT DEEMED Disqualification for Failure to Settle UNNECESSARY BY THE AGENCY HEAD, A RULE Claims DEVELOPMENT WORKSHOP WILL BE HELD AT THE PURPOSE AND EFFECT: Rule Chapter 14-24, F.A.C., is DATE, TIME AND PLACE SHOWN BELOW: being amended to clarify the procedure and requirements for DATE AND TIME: Tuesday, June 8, 2010, 3:00 p.m. – 4:30 the prompt and satisfactory settlement or legal defense of p.m. claims. The title of the Rule Chapter will be changed to PLACE: Agency for Health Care Administration, 2727 Mahan “Surety Disqualification For Failure To Settle Claims.” Drive, Building 3, Conference Room B, Tallahassee, Florida SUBJECT AREA TO BE ADDRESSED: The requirement of 32308 prompt settlement or legal defense of claims is addressed. Pursuant to the provisions of the Americans with Disabilities RULEMAKING AUTHORITY: 334.044(2), 337.18(1) FS. Act, any person requiring special accommodations to LAW IMPLEMENTED: 334.044(28), 337.141, 337.18(1) FS. participate in this workshop/meeting is asked to advise the IF REQUESTED IN WRITING AND NOT DEEMED agency at least 48 hours before the workshop/meeting by UNNECESSARY BY THE AGENCY HEAD, A RULE contacting: Gail Underwood at the Bureau of Medicaid DEVELOPMENT WORKSHOP WILL BE NOTICED IN Services, (850)412-4224. If you are hearing or speech THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE impaired, please contact the agency using the Florida Relay WEEKLY. Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 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: Deanna THE PRELIMINARY DRAFT IS: Gail Underwood, Medicaid R. Hurt, Assistant General Counsel and Clerk of Agency Services, 2727 Mahan Drive, Mail Stop 20, Tallahassee, Proceedings, Florida Department of Transportation, Office of Florida 32308-5407, telephone: (850)412-4224, e-mail: the General Counsel, 605 Suwannee Street, Mail Station 58, [email protected] Tallahassee, Florida 32399-0458 THE PRELIMINARY TEXT OF THE PROPOSED RULE THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE. 59G-8.200 Child Health Services Targeted Case Management. BOARD OF TRUSTEES OF THE INTERNAL Individuals enrolled as Child Health Services targeted case IMPROVEMENT TRUST FUND managers must be in compliance with the Child Health Notices for the Board of Trustees of the Internal Improvement Services Targeted Case Management Handbook, October Trust Fund between December 28, 2001 and June 30, 2006, go 2010, which is incorporated by reference. Medicaid will to http://www.dep.state.fl.us/ under the link or button titled reimburse only targeted case management services that are “Official Notices.” provided by enrolled individual treating providers employed or contracted with an enrolled targeted case management group AGENCY FOR HEALTH CARE ADMINISTRATION provider or agency. Such enrolled provider or agency is not Medicaid permitted to subcontract with another provider or agency for RULE NO.: RULE TITLE: service delivery. 59G-8.200 Child Health Services Targeted Case Rulemaking Authority 409.919 FS. Law Implemented 409.902, Management 409.906(11), 409.912(7), 409.913 FS. History–New________. PURPOSE AND EFFECT: The purpose is to adopt a new rule for Child Health Services Targeted Case Management. The DEPARTMENT OF BUSINESS AND PROFESSIONAL rule will incorporate by reference a new handbook, October REGULATION 2010, which will include guidelines specific to the Child Division of Alcoholic Beverages and Tobacco Health Services Targeted Case Management Program such as RULE NO.: RULE TITLE: definitions, rules, responsibilities, coverage, limitations and 61A-1.0109 Point of Sale Coupons reimbursement. PURPOSE AND EFFECT: The purpose and effect of the SUBJECT AREA TO BE ADDRESSED: Child Health proposed rule is to clarify how alcoholic beverage point of sale Services Targeted Case Management. coupons are provided. 2288 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking Florida Administrative Weekly Volume 36, Number 20, May 21, 2010 SUBJECT AREA TO BE ADDRESSED: This rule is part of a (6) Reimbursement to vendors shall not exceed the face large set being promulgated to implement statutory provisions value of the coupon and the customary handling charge, which relating to approved advertising and promotional gifts, shall be the same charge for all vendors during the coupon including coupons, as they pertain to the sales of alcoholic period. beverages. (7) Malt beverage distributors shall not provide malt RULEMAKING AUTHORITY: 561.11, 561.42 FS.