Florida Administrative Register

Document technical information

Format pdf
Size 581,4 kB
First found ноя 13, 2015

Document content analysis

Language
English
Type
not defined
Concepts
no text concepts found

Persons

Edith Rogers (Alberta politician)
Edith Rogers (Alberta politician)

wikipedia, lookup

Tom Jones (singer)
Tom Jones (singer)

wikipedia, lookup

Richard T. Morrison
Richard T. Morrison

wikipedia, lookup

Organizations

Places

Transcript

Florida Administrative Register
Section I
Notice of Development of Proposed Rules
and Negotiated Rulemaking
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Division of Consumer Services
RULE NOS.:
RULE TITLES:
5J-12.002
Registration
5J-12.004
Advertising
5J-12.006
Denials
5J-12.007
Enforcement Actions and Administrative
Penalties
PURPOSE AND EFFECT: The proposed rule will update the
incorporated reference material, clarify the registration fee
structure, and update the posted sign in Rule 5J-12.002, F.A.C.;
correct a citation in Rule 5J-12.004, F.A.C.; provide criteria for
denial of licensure in Rule 5J-12.006, F.A.C.; and provide
guidelines for imposing administrative fines for violations of
the Florida Motor Vehicle Repair Act in Rule 5J-12.007, F.A.C.
SUBJECT AREA TO BE ADDRESSED: Updated Motor
Vehicle Repair Registration Package, clarification of fee
structure, updated posted sign, denial of licensure criteria, and
a range of administrative fines for violations of the Florida
Motor Vehicle Repair Act.
RULEMAKING AUTHORITY: 559.92201, 570.07(23) FS.
LAW IMPLEMENTED: 559.904, 559.916, 559.921(4),
570.971(4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Amy
Topol, Assistant Director, Division of Consumer Services,
Terry L. Rhodes Building, 2005 Apalachee Parkway,
Tallahassee, Florida, 32399-6500, Phone (850)410-3662
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
RULE NO.:
RULE TITLE:
61-24.004
Collection and Payment of Fees
Volume 40, Number 244, December 18, 2014
PURPOSE AND EFFECT: The purpose and effect of the
proposed rule is to create a reinstatement fee for athlete agents
whose licenses have become null and void due to illness or
economic hardship.
SUBJECT AREA TO BE ADDRESSED: Athlete agent fees.
RULEMAKING AUTHORITY: 455.203, 455.271, 468.457
FS.
LAW IMPLEMENTED: 455.203, 455.2281, 455.271, 468.453,
468.4536 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Brittany
B. Griffith, Assistant General Counsel, Office of the General
Counsel, 1940 North Monroe Street, Suite 42, Tallahassee,
Florida 32399, (850)488-0062
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
RULE NO.:
RULE TITLE:
61-35.004
Athlete Agent Departmental Forms
PURPOSE AND EFFECT: The purpose and effect is to create
the rule to adopt forms relating to application for licensure of
athlete agents.
SUBJECT AREA TO BE ADDRESSED: The subject area to
be addressed is the adoption of the new forms.
RULEMAKING AUTHORITY: 455.213 FS.
LAW IMPLEMENTED: 468.453, 468.457 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Andy
Janecek, Rules Coordinator, Division of Professions, 1940
North Monroe Street, Tallahassee, Florida 32399-0760,
(850)717-1496
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
5449
Florida Administrative Register
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Geologists
RULE NO.:
RULE TITLE:
61G16-1.009
Definitions
PURPOSE AND EFFECT: The Board proposes the rule
amendment to add new language to define geologist-intraining.
SUBJECT AREA TO BE ADDRESSED: Definitions.
RULEMAKING AUTHORITY: 492.104 FS.
LAW IMPLEMENTED: 495.105, 492.111 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard
Morrison, Executive Director, Board of Professional
Geologists, 1940 North Monroe Street, Tallahassee, Florida
32399-0783
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Geologists
RULE NO.:
RULE TITLE:
61G16-3.001
Schedule of Fees
PURPOSE AND EFFECT: The Board proposes the rule
amendment to add new language to clarify the geologist-intraining registration fee.
SUBJECT AREA TO BE ADDRESSED: Fees.
RULEMAKING AUTHORITY: 455.213(2), 455.217,
455.219, 455.271, 492.104, 492.1011FS.
LAW IMPLEMENTED: 455.213(2), 495.105), 455.217,
455.219, 455.271,492, 104 492.1011, 492.111 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard
Morrison, Executive Director, Board of Professional
Geologists, 1940 North Monroe Street, Tallahassee, Florida
32399-0783
5450
Volume 40, Number 244, December 18, 2014
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Geologists
RULE NO.:
RULE TITLE:
61G16-5.004
Application Evaluations
PURPOSE AND EFFECT: The Board proposes to rule
amendment to delete unnecessary language.
SUBJECT AREA TO BE ADDRESSED: Application
evaluations.
RULEMAKING AUTHORITY: 492.104, 492.105 FS.
LAW IMPLEMENTED: 495.105 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard
Morrison, Executive Director, Board of Professional
Geologists, 1940 North Monroe Street, Tallahassee, Florida
32399-0783
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Geologists
RULE NO.:
RULE TITLE:
61G16-6.001
Written Licensure Examination
Requirements
PURPOSE AND EFFECT: The Board proposes to review the
rule to determine if modifications to the written licensure
examination requirements are necessary.
SUBJECT AREA TO BE ADDRESSED: Written licensure
examination requirements.
RULEMAKING AUTHORITY: 455.217, 492.104 FS.
LAW IMPLEMENTED: 455.217, 495.105 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICED IN
THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE
REGISTER.
Florida Administrative Register
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rick
Morrison, Executive Director, Board of Professional
Geologists, 1940 North Monroe Street, Tallahassee, Florida
32399-0783
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NOS.:
RULE TITLES:
69A-37.054
Out of State Training – Certificate of
Compliance; Special Certificate of
Compliance
69A-37.055
Curriculum Requirements for Training
Firefighter Recruits or Firefighters
69A-37.057
Roster of Students
69A-37.060
Certification as an Approved Firefighter
Recruit Training Facility
69A-37.065
Programs of Study and Vocational Courses
69A-37.404
Requirements for Live Fire Training for
Certified Personnel
PURPOSE AND EFFECT: The State Fire Marshal’s office is
updating Rules 69A-37.054 and 69A-37.065, F.A.C., to
conform to changes in Chapter 633, Florida Statutes. Rule 69A37.057, F.A.C., is being amended to adopt a required roster
form. Lastly, Rules 69A-37.055, 69A-37.060 and 69A-37.404,
F.A.C., are being amended to correlate the rules to the most
recent editions of the NFPA Standard.
SUBJECT AREA TO BE ADDRESSED: Firefighters
Standards and Training.
RULEMAKING AUTHORITY: 633.128(1)(a), (b), (c), (2)(a),
633.406(1)(f), 633.408(1), 633.418(1), 633.508(6) FS.
LAW IMPLEMENTED: 633.128(1)(a), (b), (e), 633.406(1)(f),
633.408, 633.418(1), 633.508 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE HELD AT THE
DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, January 13, 2015, 10:00 a.m.
PLACE: Florida State Fire College, Auditorium, 11655 N.W.
Gainesville Rd., Ocala, Florida 34482
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 5 days before the workshop/meeting by
contacting:
Bill
Wentlandt,
(352)369-2829
or
[email protected] If you are hearing or
speech impaired, please contact the agency using the Florida
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
Volume 40, Number 244, December 18, 2014
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bill
Wentlandt, Assistant Superintendent, Bureau of Firefighter
Standards and Training, Division of State Fire Marshal at
(352)369-2829 or [email protected]
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF FINANCIAL SERVICES
Division of Accounting and Auditing
RULE NO.:
RULE TITLE:
69I-40.120
Advance Payments
PURPOSE AND EFFECT: The proposed rule amendment
rewords an existing rule establishing the procedure for the Chief
Financial Officer’s approval of advance payments to vendors
by state agencies. The existing rule uses the word “waiver”
which is not a correct characterization of what is authorized by
paragraph 216.181(16)(b), Florida Statutes. The amendment
corrects this.
SUBJECT AREA TO BE ADDRESSED: Advance payments
by state agencies.
RULEMAKING AUTHORITY: 17.29, 215.422(14) FS.
LAW IMPLEMENTED: 215.422, 216.181 FS.
IF REQUESTED IN WRITING AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE HELD AT THE
DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, January 9, 2015, 9:30 a.m.
PLACE: Room 116 Larson Building, 200 East Gaines Street,
Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 5 days before the workshop/meeting by
contacting:
Mark
Merry
@
(850)413-3704
or
[email protected] If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE DEVELOPMENT AND A COPY OF
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mark
Merry, Bureau Chief, Bureau of Auditing, Division of
Accounting and Auditing, Department of Financial Services,
200 East Gaines Street, Tallahassee, Florida 32399-0355,
(850)413-3704 or [email protected]
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
5451
Florida Administrative Register
Section II
Proposed Rules
DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.:
RULE TITLE:
6A-1.09422
Florida Comprehensive Assessment Test
and End-of-Course Assessment
Requirements
PURPOSE AND EFFECT: The purpose of this rule amendment
is to establish scale scores for each Achievement Level for
reporting student proficiency levels for the Civics End-ofCourse (EOC) Assessment. These performance standards may
be used for placement, promotion, retention, and accountability
purposes.
SUMMARY: The purpose of the proposed rule amendment is
to include Civics EOC Assessment scale scores for each
Achievement Level for reporting student proficiency levels.
One additional revision is being made to make the rule
consistent with statute (removing the reference to college and
career readiness indicators).
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: The rule revisions relate only to establishing
achievement levels for statewide K-12 assessments; therefore,
there is no direct or immediate impact on economic growth,
private sector job creation, or employment, or private sector
investment. If there is any impact on such economic growth and
private sector job creation, the impact would be positive
because the establishment of rigorous, yet attainable assessment
standards positively impacts student outcomes, which, in turn,
positively impacts economic growth, private sector job
creation, and employment. For the same reasons, no impact or
positive impact on business competitiveness would be
anticipated. Because the proposed rule relates only to the
establishment of achievement levels for statutorily required
statewide assessments, it is not likely to increase regulatory
costs.
5452
Volume 40, Number 244, December 18, 2014
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02, 1008.22, 1008.25
FS.
LAW IMPLEMENTED: 1001.02, 1001.11, 1008.22, 1008.25
FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND
PLACE SHOWN BELOW:
DATE AND TIME: January 14, 2015, 8:30 a.m.
PLACE: Highlands County School Board Office, 426 School
Street, Sebring, Florida 33870
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Vince Verges, Director of Assessment,
Division of Accountability, Research, and Measurement, 325
W. Gaines Street, Suite 414, Tallahassee, Florida 32399,
(850)245-0513
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-1.09422 Florida Comprehensive Assessment Test and
End-of-Course Assessment Requirements.
(1) through (5) No change.
(6) Examinee scores on the FCAT 2.0 Reading and
Mathematics shall be reported by the use of scaled scores and
achievement levels defined by the baseline assessment
administered during the 2010-2011 school year. Examinee
scores on the FCAT 2.0 Science shall be reported by the use of
scaled scores and achievement levels defined by the baseline
assessment administered during the 2011-2012 school year.
Examinee scores on EOC assessments shall be reported by the
use of scaled scores and achievement levels defined by the
baseline assessment administered as follows: Algebra 1 EOC
Assessment (2010-2011), Geometry EOC Assessment (20112012), Biology 1 EOC Assessment (2011-2012), United States
History EOC Assessment (2012-2013), and Civics EOC
Assessment (2013-2014). Achievement levels range from 1
through 5, with level 1 being the lowest achievement level,
level 5 being the highest achievement level, and level 3
indicating satisfactory performance on the assessment. Scoring
at or above achievement level 4 on a Florida EOC Assessment
indicates that a student is high achieving and has the potential
to meet college-readiness standards by the time the student
graduates from high school.
(a) through (f) No change.
Florida Administrative Register
Volume 40, Number 244, December 18, 2014
(g) The achievement levels for the Civics EOC Assessment
shall be as shown in the following table.
Civics EOC Assessment scale scores (325 to 475) for each
achievement level:
Level 1
325-375
Level 2
376-393
Level 3
394-412
Level 4
413-427
Level 5
428-475
(7) through (8) No change.
(9) Beginning with students entering grade nine during the
2010-2011 school year, the passing score for all assessments
required for high school graduation, a high school diploma
scholar designation, or for course credit under the Credit
Acceleration Program (CAP) under Section 1003.4295, F.S.,
shall be the minimum scale score in achievement level 3. Since
a level 3 score is a satisfactory performance level pursuant to
Section 1008.22(3)(e)1., F.S., a level 3 score on an assessment
that is a graduation requirement indicates that the student is on
a pathway to college and career readiness.
(10) Beginning with the 2013-14 school year, passing
scores shall be designated for each FCAT 2.0 and EOC
assessment pursuant to Section 1008.22(3)(e)2., F.S. For FCAT
2.0 Reading, Mathematics, and Science, the passing score shall
be the minimum scale score in achievement level 3. For FCAT
2.0 Writing, the passing score shall be a score of 3.5. For
Algebra 1, Biology 1, Geometry, and United States History, and
Civics EOC Assessments, the passing score shall be the
minimum scale score in achievement level 3.
(11) through (14) No change.
Rulemaking Authority 1001.02, 1008.22, 1008.25 FS. Law
Implemented 1001.02, 1001.11, 1008.22, 1008.25 FS. History–New 124-99, Amended 10-7-01, 1-22-02, 12-23-03, 3-27-06, 3-1-07, 2-2509, 7-19-10, 2-12-12, 2-3-13, 2-25-14,__________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Juan Copa, Deputy Commissioner, Division of Accountability,
Research and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Pam Stewart, Commissioner, Department
of Education
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 16, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: July 25, 2014
DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.:
RULE TITLE:
6A-1.094222
Standards for Mid-Year Promotion of
Retained Third Graders
PURPOSE AND EFFECT: The propose and effect of the
proposed rule amendment is to align the rule to Section
1008.25, F.S. and to update references to assessments,
standards and plans.
SUMMARY: The proposed rule revision eliminates obsolete
language, aligns the rule to the Section 1008.25, F.S., inserts
references to English Language Arts standards and assessments
and removes the requirement that retained third graders master
fourth grade reading skills prior to mid-year promotion. The
proposed rule also includes a provision to extend the progress
monitoring plan for a retained third grader who is promoted,
beyond the academic year.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: It is not expected that the proposed rule will have any
impact on the factors listed in Section 120.541(2), F.S. as the
proposal related to the mid-year promotion of third grade
students and imposes no additional duties on school districts
that would result in additional costs.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 1008.25(9) FS.
LAW IMPLEMENTED: 1008.25 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND
PLACE SHOWN BELOW:
DATE AND TIME: January 14, 2015, 8:30 a.m.
PLACE: Highlands County School Board Office, 426 School
Street, Sebring, Florida 33870
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Wendy Stevens, Executive Director,
Just Read, Florida! – [email protected], (850)2450503
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-1.094222 Standards for Mid-Year Promotion of
Retained Third Graders.
Effective with the 2004-2005 school year, district school boards
are required to adopt and implement a policy for the mid-year
promotion of any student retained in third grade due to a reading
5453
Florida Administrative Register
deficiency as required by Section 1008.25(5)(b), F.S. Such midyear promotions of retained third grade students should occur
during the first semester of the academic year.
(1) To be eligible for mid-year promotion, a student must
demonstrate that he or she:
(a) Is a successful and independent reader as demonstrated
by reading at or above grade level; and
(b) Has progressed sufficiently to master appropriate fourth
grade reading skills; and
(b)(c) Has met any additional requirements, such as
satisfactory achievement in other curriculum areas, as
determined by the policies of the district school board.
(2) Standards that provide a reasonable expectation that the
student has met the requirements of paragraphs (1)(a)-(b) of this
rule including include the mastery of reading skills, consistent
with the month of promotion to fourth grade, as presented in the
scope and sequence of the school district’s core reading
program. Evidence of demonstrated mastery is as follows:
(a) Successful completion of portfolio elements that meet
state criteria in subsection (3) of this rule; or
(b) Satisfactory performance on a locally selected
standardized assessment measuring English Language Arts
Standards as specified in subsection (4) of this rule.
(3) To promote a student mid-year using a student
portfolio, as provided for in paragraph (2)(a) of this rule, there
must be evidence of the student’s mastery of third grade English
Language Arts Florida Standards. Sunshine State Standard
Benchmarks for Language Arts and beginning mastery of the
Benchmarks for fourth grade as specified in subsection (2) of
this rule. The student portfolio must meet the following
requirements:
(a) Be selected by the student’s teacher;
(b) Be an accurate picture of the student’s ability and only
include student work that has been independently produced in
the classroom;
(c) Include evidence of mastery of the standards
benchmarks assessed by the grade 3 Reading FCAT or the
statewide English Language Arts assessment when
implemented, as required by Rule 6A-1.094221, F.A.C.; and
(d) Include evidence of beginning mastery of fourth grade
benchmarks that are assessed by the grade 4 Reading FCAT.
This includes multiple choice items and passages that are
approximately fifty (50) percent literary text and fifty (50)
percent information text, and that are between 100-900 words
with an average of 500 words. Such evidence could include
chapter or unit tests from the district’s/school’s adopted core
reading curriculum or teacher-prepared assessments that are
aligned with the Sunshine State Standards. For each
benchmark, there must be two (2) examples of mastery as
demonstrated by a grade of seventy (70) percent or better; and
5454
Volume 40, Number 244, December 18, 2014
(d)(e) Be signed by the teacher and the principal as an
accurate assessment of the required reading skills.
(4) To promote a student mid-year based on performance
on using a locally selected standardized assessment measuring
English Language Arts Florida Standards, as provided for in
paragraph (2)(b) of this rule, there must be evidence that the
student scored at or above 3rd grade level in reading
comprehension, as demonstrated by standard scores or
percentiles, consistent with the month of promotion to fourth
grade.
(5) The Progress Monitoring Academic Improvement Plan
(AIP) for any retained third grade student who has been
promoted mid-year to fourth grade must continue to be
implemented for the entire academic year and if necessary for
additional school years.
Rulemaking Authority 1008.25(9) FS. Law Implemented
1008.25(7)(b)4. FS. History–New 12-19-04, Amended 4-2111,_________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Mary Jane Tappen, Executive Vice Chancellor, K-12 Public
Schools
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Pam Stewart, Commissioner, Department
of Education
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 16, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: April 21, 2014
DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.:
RULE TITLE:
6A-6.053
K-12 Comprehensive Research-Based
Reading Plan
PURPOSE AND EFFECT: The purpose of this rule amendment
is to eliminate any unnecessary language as it pertains to the
end of year outcome assessment and to better align the rule with
Sections 1001.215 and 1011.62, Florida Statutes.
SUMMARY: The proposed rule revision is to eliminate any
unnecessary language, align the rule to statute and includes the
necessary edits concerning the end of year outcomes
assessment.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
Florida Administrative Register
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: The proposed amendment is not expected to have any
impact on the factors found in Section 120.541(2)(a), F.S. The
amendments remove obsolete reporting requirements and
update references, and thus, do not impose any new substantive
requirements.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02(2)(n), 1001.215,
1011.62 FS.
LAW IMPLEMENTED: 1001.215, 1011.62 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND
PLACE SHOWN BELOW:
DATE AND TIME: January 14, 2015, 8:30 a.m.
PLACE: Highlands County School Board Office, 426 School
Street, Sebring, Florida 33870
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Wendy Stevens, Executive Director,
Just Read, Florida!, 325 West Gaines St., Suite 1432,
Tallahassee, FL 32399, [email protected] or
(850)245-0503
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-6.053 K-12 Comprehensive Research-Based Reading
Plan.
(1) Annually, school districts shall submit a K-12
Comprehensive Research-Based Reading Plan for the specific
use of the research-based reading instruction allocation in the
format prescribed by the Department for review and approval
by the Just Read, Florida! Office pursuant to Section 1011.62,
F.S. The K-12 Comprehensive Research-Based Reading Plan
must accurately depict and detail the role of administration
(both district and school level), professional development,
assessment, curriculum, and instruction in the improvement of
student learning of the English Language Arts Florida
Standards (LAFS). This information must be reflected for all
schools and grade levels, including charter schools, alternative
schools, and juvenile justice facilities. The K-12
Comprehensive Research-Based Reading Plan must ensure
that:
(a) Leadership at the district and school level is guiding and
supporting the initiative;
(b) The analysis of data drives all decision-making;
(c) Professional development is systemic throughout the
district and is targeted at individual teacher needs as determined
Volume 40, Number 244, December 18, 2014
by analysis of student performance data and includes lesson
study and professional learning communities;
(d) Measurable student achievement goals are established
and clearly described; and
(e) Appropriate research-based instructional materials and
strategies are used to address specific student needs.
(2) Research-Based Reading Instruction Allocation.
Districts will submit a budget for the K-12 Comprehensive
Research-Based Reading Plan, including salaries and benefits,
professional development costs, assessment costs, and
programs/materials costs. Budgets must be in accordance with
the district approved plan.
(3) Reading Leadership Teams. Districts must describe the
process the principal will use to form and maintain a Reading
Leadership Team and report rosters of Reading Leadership
Team members to the Just Read, Florida! Office in the fall of
each school year.
(4) Professional Development. The plan must make
adequate provisions to require principals to:
(a) Target specific areas of professional development need
based on assessment data and reflect those goals in the
Individual Professional Development Plan (IPDP);
(b) Differentiate and intensify professional development
for teachers based on progress monitoring data;
(c) Identify mentor teachers and establish model
classrooms within the school;
(d) Ensure that time is provided for teachers to meet weekly
for professional development including lesson study and
professional learning communities; and
(e) Provide teachers with the information contained in the
K-12 Comprehensive Research-Based Reading Plan.
(5) Charter schools. Charter schools must be given the
opportunity to participate in the district plan, but may opt not to
participate. Charter schools that choose to participate in the plan
must meet the requirements outlined in the District K-12
Comprehensive Research-Based Reading Plan; however, they
may meet these requirements through methods that differ from
those in the district plan. One plan must be submitted for each
district that includes charter schools that choose to participate.
The district will maintain documentation of the following:
(a) through (6)(b) No change.
(c) All reading/literacy coaches must report their time to
the Progress Monitoring and Reporting Network (PMRN) on a
biweekly basis. Principals will be required to log onto the
PMRN prior to the start of each school year to enroll their
reading/literacy coach(es). Principals must provide the funding
source(s) for each coach at the beginning of the school year.
Any reading/literacy coach who is funded through the
Research-Based Reading Instruction Allocation in the Florida
Education Finance Program (FEFP) as part of the K-12
Comprehensive Research-Based Reading Plan must be a full5455
Florida Administrative Register
time coach. Reading/literacy coaches who split their time
between two (2) schools are considered full-time coaches.
(d) through i. No change.
j. Report their coach logs bi-weekly through the Progress
Monitoring and Reporting Network (PMRN);
j.k. Work with all teachers (including ESE, content area,
and elective areas) in the school they serve, prioritizing their
time to those teachers, activities, and roles that will have the
greatest impact on student achievement, namely coaching and
mentoring in classrooms;
k.l. Work frequently with students in whole and small
group instruction in the context of modeling and coaching in
other teachers’ classrooms;
l. m. Not be asked to perform administrative functions that
will confuse their role for teachers; and
m.n. Spend limited time administering or coordinating
assessments.
(f) through (g) No change.
(7) District level monitoring of the District K-12
Comprehensive Research-Based Reading Plan Implementation.
The plan must demonstrate adequate provisions for:
(a) through (b) No change.
(c) Ensuring that data from formative assessments are used
to guide differentiation of reading instruction.
(d)(c) Incorporating reading and literacy instruction by all
content area teachers into subject areas to extend and build
discussions of text in order to deepen understanding. This must
include a description of the utilization of leveled classroom
libraries and independent reading practice.
(e)(d) Reporting of data elements as required by the K-12
Comprehensive Research-Based Reading Plan (as indicated in
Section 1001.215, F.S.) within the Automated Student and Staff
Data Base System for survey periods 2, 3, and 5. These data
elements include:
1. Progress Monitoring assessment scores not reported to
PMRN,
1.2. Student Enrollment in Reading Intervention,
2.3. Reading Endorsement competency status for teachers,
3.4. Reading Certification progress status for teachers, and
4.5. CAR-PD or NGCAR-PD status for teachers, in
accordance with Rule 6A-5.090, F.A.C.
(8) School-level monitoring of District K-12
Comprehensive Research-Based Reading Plan Implementation.
(a) through (9)(a) No change.
(b) A Comprehensive Core Reading Program (CCRP) must
be taught as the major instructional tool for reading instruction.
Districts are provided a performance-based flexibility option
which may exempt schools from the use of the CCRP. Districts
implementing this flexibility must describe their plan for
reading instruction, including the intervention for students
reading below grade level in grades K-5 or K-6 as applicable. It
5456
Volume 40, Number 244, December 18, 2014
is a district decision whether to implement the following
performance-based flexibility option. Elementary schools
meeting all of the following criteria are not required to
implement a Comprehensive Core Reading Program:
1. A current school grade of an A or B;
2. Adequate Yearly Progress (AYP) in reading met for all
subgroups;
2.3. Ninety (90) percent of students meeting high standards
in reading (a satisfactory or above score on the statewide
English Language Arts assessment an FCAT score of Level 3
or above).
(c) The second performance-based flexibility option may
exempt elementary schools from the use of the CCRP as well
as the ninety (90) minute reading block. Districts implementing
this flexibility must report the reading instruction that will be
provided, including the time allotted for reading instruction. It
is a district decision whether to implement the following
performance-based flexibility option: For students in grades
four and five scoring Level 4 or 5 on FCAT or above
satisfactory on the statewide English Language Arts assessment
reading, districts shall offer enrichment programs that include
core steeped in content that continues to develop the child’s
literacy reading skills. These students are not required to
receive instruction from a Comprehensive Core Reading
Program, nor are they required to receive ninety (90) minutes
of reading instruction.
(d) K-12 reading instruction will align with Florida’s
Formula for Success, 6+4+ii+iii, which includes six (6)
components of reading: oral language, phonological awareness,
phonics, fluency, vocabulary, and comprehension; four (4)
types of classroom assessments: screening, progress
monitoring, diagnosis, and outcome measures; initial
instruction (ii) including considerations for background
knowledge, motivation, and the provision for print rich,
explicit, systematic, scaffolded, and differentiated instruction,
and the reading/writing connection; immediate, intensive
intervention (iii): including extended time, flexible grouping,
accommodations, and more frequent progress monitoring. Data
from the results of formative assessments will guide
differentiation of instruction in the classroom.
(e) Instructional Materials Charts:
1. Districts are required to submit Instructional Materials
Charts that address all research-based instructional materials
used to provide reading instruction with a description of how
they will be integrated into the overall instructional design:
a. Comprehensive Core Reading Programs (CCRP) –
elementary school level only,
b. Middle School Grades Developmental Reading
Programs,
c. Supplemental Intervention Reading Programs (SIRP),
Florida Administrative Register
d. Intensive Comprehensive Intervention Reading
Programs (CIRP) (IIRP),
e. Educational technology.
2. through (f) No change.
(g)
Districts
are
required
to
develop
Assessment/Curriculum Decision Trees to demonstrate how
assessment data from progress monitoring and other forms of
assessment will be used to determine specific reading
instructional needs and interventions for students in grades K12. The chart must include:
1. Name of assessment(s),
2. Targeted audience,
3. Performance criteria benchmark used for decisionmaking,
4. Assessment/curriculum connection,
5. An explanation of how instruction will be modified for
students who have not responded to a specific reading
intervention with the initial intensity (time and group size)
provided.
Rulemaking Authority 1001.02(2), 1011.62(9) FS. Law Implemented
1001.02, 1001.215, 1011.62 FS. History–New 6-19-08, Amended 421-11,_________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Mary Jane Tappen, Executive Vice Chancellor, K-12 Public
Schools
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Pam Stewart, Commissioner, Department
of Education
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 16, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: April 21, 2014
DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.:
RULE TITLE:
6A-10.0342
Career and Technical Education Program
Performance Reporting
PURPOSE AND EFFECT: The purpose of this rule amendment
is to establish current year performance standards for career
education programs as required in Section 1008.43, F.S. The
new standards are determined based on the calculation process
described in the rule and will affect both the school districts and
Florida colleges. The effect is to align performance standards
so that they will be consistent with the state’s plan under the
Carl D. Perkins Career and Technical Education Improvement
Act, under which the state receives federal funding.
Volume 40, Number 244, December 18, 2014
SUMMARY: This amendment establishes the 2013-14 and
2014-15 performance standards to be adopted in order to
evaluate career education programs as required in Section
1008.43(1)(a), F.S.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: The proposed rule will not require legislative
ratification and is not expected to have any impact on the factors
found in Section 120.541(2)(a), F.S. The performance standards
in the amendment have been previously agreed upon.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 1008.43 FS.
LAW IMPLEMENTED: 1008.43 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND
PLACE SHOWN BELOW:
DATE AND TIME: January 14, 2015, 8:30 a.m.
PLACE: Highlands County School Board Office, 426 School
Street, Sebring, Florida 33870
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Tara Goodman, Bureau Chief, Budget,
Accountability and Assessment, 325 West Gaines Street,
Tallahassee,
Florida,
32399-0400,
(850)245-9002,
[email protected]
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-10.0342 Career and Technical Education Program
Performance Reporting.
(1) The Department will annually calculate and publish
secondary and postsecondary program improvement targets for
each of the performance measures for which career and
technical education programs are to be accountable.
(2) For the completion and placement rate calculations,
“career and technical education concentrator” is defined as the
following:
5457
Florida Administrative Register
(a) Secondary – A secondary student who has earned three
(3) or more credits in a single career and technical education
program, or two (2) credits in a single career and technical
education program, but only in those programs where two (2)
credit sequences at the secondary level are recognized by Rule
6A-6.0571, F.A.C., Career and Technical Education and Adult
General
Education
Standards
and
Industry-Driven
Benchmarks, which rule is hereby incorporated by reference
and/or its local eligible recipients.
(b) Postsecondary Clock Hour Programs – A
postsecondary student who completes at least one-third of the
academic and/or technical hours in a clock hour career and
technical education program that terminates in the award of an
industry-recognized credential, certificate or degree.
(c) Postsecondary Credit Hour Programs – A
postsecondary student who completes at least one-third of the
academic and/or technical hours in a college credit career and
technical education program that terminates in the award of an
industry recognized credential, certificate or degree.
(3) The completion rate for secondary programs shall be
calculated as follows: The numerator shall be the number of
senior career and technical education concentrators who
attained a 1) standard high school diploma, 2) State of Florida
High School Diploma General Educational Development
(GED) credential or Adult High School diploma, or 3)
proficiency credential, certificate or degree, in conjunction with
a secondary school diploma. The denominator shall be the
number of senior career and technical education concentrators
who have left secondary education in the reporting year. The
2013-14 2011-12 target shall be 95.18 96%. For 2014-15 201213 and subsequent years the target shall be 95.68 97%.
(4) The placement rate for secondary programs shall be
calculated as follows: The numerator shall be the number of
career and technical education concentrators from the prior year
who completed secondary school and who were placed in
postsecondary education, employment, and/or military service
in the 2nd quarter (October-December) after leaving secondary
education during the reporting year. The denominator shall be
the number of career and technical education concentrators
from the prior year who completed secondary school. The
2013-14 2011-12 target shall be 80.28 81%. For 2014-15 201213 and subsequent years the target shall be 80.78 82%.
(5) The completion rate for postsecondary clock hour
programs shall be calculated as follows: The numerator shall be
the number of career and technical education concentrators who
received an industry-recognized credential or a certificate
during the reporting year. The denominator shall be the number
of career and technical education concentrators who left
postsecondary education during the reporting year. The 201314 2011-12 target shall be 58.75%. For 2014-15 2012-13 and
subsequent years the target shall be 59.25 58.25%.
5458
Volume 40, Number 244, December 18, 2014
(6) The placement rate for postsecondary clock hour
programs shall be calculated as follows: The numerator shall be
the number of career and technical education concentrators
from the prior year who received a credential, degree or
certificate who were placed in postsecondary education,
employment and/or military service in the 2nd quarter
(October-December) after leaving postsecondary education.
The denominator shall be the number of career and technical
education concentrators from the prior year who received a
credential, degree or certificate. The 2013-14 2011-12 target
shall be 76.43 84.55%. For 2014-15 2012-13 and subsequent
years the target shall be 75.77 84.60%.
(7) The completion rate for postsecondary credit hour
programs shall be calculated as follows: The numerator shall be
the number of career and technical education concentrators who
received an industry-recognized credential, a certificate, or a
degree during the reporting year. The denominator shall be the
number of career and technical education concentrators who
left postsecondary education during the reporting year. The
2013-14 2011-12 target shall be 47.5 49%. For 2014-15 201213 and subsequent years the target shall be 49 50%.
(8) The placement rate for postsecondary credit hour
programs shall be calculated as follows: The numerator shall be
the number of career and technical education concentrators
from the prior year who received a credential, degree or
certificate who were placed in postsecondary education,
employment and/or military service in the 2nd quarter
(October-December) after leaving postsecondary education.
The denominator shall be the number of career and technical
education concentrators from the prior year who received a
credential, degree or certificate. The 2013-14 2011-12 target
shall be 85.5 88%. For 2014-15 2012-13 and subsequent years
the target shall be 86 89%.
(9) If a program fails to achieve both the completion and
placement targets and the average full-time/full-quarter
earnings of completers is below the 25th percentile in the state
for that program, the program will be flagged in performance
reports produced by the Department and the school district or
college will be notified by the Department.
Rulemaking Authority 1008.43 FS. Law Implemented 1008.43 FS.
History–New 10-4-93, Amended 2-16-94, 10-25-11,__________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Rod Duckworth, Chancellor, Career and Adult Education
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Pam Stewart, Commissioner, Department
of Education
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 16, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: August 19, 2014
Florida Administrative Register
DEPARTMENT OF EDUCATION
Florida’s Office of Early Learning
RULE NO.:
RULE TITLE:
6M-8.400
VPK Class Sizes; Blended Classes; MultiClass Groups
PURPOSE AND EFFECT: The purpose of the proposed rules
is to update the rule to align with statute and rule chapter
terminology.
SUMMARY: VPK Class Size.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: Regarding rule 6M-8.400, a SERC is not required
because it does not alter current practice of VPK providers. It
merely brings the rule in alignment with statutory class size
requirements.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.213(2), 1002.79 FS.
LAW
IMPLEMENTED:
1002.53(3)(f),
1002.61(7),
1002.63(7) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE HELD AT THE DATE,
TIME AND PLACE SHOWN BELOW (IF NOT
REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, January 12, 2015, 1:00 p.m. ‒
3:00 p.m. or at the conclusion of business whichever is earlier
PLACE: via GoToWebinar; information regarding registration
may
be
found
at:
http://www.floridaearlylearning.com/oel_resources/rules_guid
ance_technical_assistance.aspx
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 7 days before the workshop/meeting by
contacting: Tara Huls, (850)717-8550. 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).
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Tara Huls, Bureau Chief, VPK Program
Volume 40, Number 244, December 18, 2014
and Policy, Office of Early Learning, 250 Marriott Dr.,
Tallahassee,
Florida
32399,
(850)717-8550
or
[email protected]
THE FULL TEXT OF THE PROPOSED RULE IS:
6M-8.400 VPK Class Sizes; Blended Classes; Multi-Class
Groups.
(1) Blended classes.
(a) A private provider or public school may organize a
VPK class as a blended class, instructing children enrolled in
the VPK program together with children not enrolled in the
program.
(b) A blended class may include children of any age. A
private provider or public school, however, may not organize a
blended class in a multi-age arrangement that prevents the
provider or school from implementing a developmentally
appropriate curriculum in accordance with Section
1002.67(2)(b), F.S.
(2) Minimum class size. A VPK class must be composed
of at least four children enrolled in the VPK program.
(a) An early learning coalition may not issue the initial
advance payment prepayment for a VPK class unless at least
four children in the class are enrolled in the VPK program.
(b) A private provider or public school does not violate the
minimum class size, if:
1. Fewer than four children enrolled in the VPK program
attend a VPK class on a particular day; or
2. After the advance payment initial prepayment is issued,
fewer than four children in a VPK class remain enrolled in the
VPK program (e.g., withdrawals).
(c) If a VPK class is composed of four or fewer children
enrolled in the VPK program, the VPK provider may not
dismiss a child enrolled in the program, unless, within 3
business days after the child’s dismissal, the VPK provider
submits to the coalition written documentation of the child’s
noncompliance with the conduct or attendance policies of the
provider.
(3) Maximum class size. A VPK class may not exceed 20
18 children for a school-year program or 12 10 children for a
summer program. Children enrolled in the VPK program, and
children not enrolled in the program, are both counted toward
the 20-child 18-child or 12-child 10-child maximum class size.
A VPK class may not exceed the maximum class size in
enrollment or attendance on a particular day.
(4) Multi-class group. A private provider or public school
may instruct two or more VPK classes as one group in a single
classroom. A VPK class within a multi-class group may not
exceed the maximum class size described in subsection (3).
(5) Compliance with other requirements. This rule does not
allow a private provider or public school to exceed a staff-to5459
Florida Administrative Register
children ratio, square footage per child, licensing requirements
under Sections 402.301-.319, F.S., or other state or local
requirement.
Rulemaking Authority 1001.213(2), 1002.79(2) FS. Law Implemented
1002.55(3)(f)(e ), 1002.61(7)(6), 1002.63(7) FS. History–New 8-1706, Amended 5-24-07, Formerly 60BB-8.400, Amended_________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Tara Huls, Bureau Chief, VPK Program and Policy
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Rodney MacKinnon, Interim Executive
Director
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 15, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: November 14, 2014
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NO.:
RULE TITLE:
59A-17.118
Dietary and Nutrition Services
PURPOSE AND EFFECT: The purpose is to revise an outdated
rule reference and remove language that suggests that these are
Agency requirements.
SUMMARY: The Agency proposes to amend subsection 59A17.118(1), F.A.C. to update the reference from Rule 10D23.006 to Rule 64E-12.004, F.A.C. and to delete language
stating that the facility shall comply with these requirements.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: A SERC has not been prepared by the agency. For Rule
59A-17.118, F.A.C., a checklist was prepared to determine the
need for a SERC. Based on this information at the time of the
analysis and pursuant to Section 120.541, F.S., the rule will not
require legislative ratification.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 400.805 FS.
LAW IMPLEMENTED: 400.805 FS.
5460
Volume 40, Number 244, December 18, 2014
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE HELD AT THE DATE,
TIME AND PLACE SHOWN BELOW (IF NOT
REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, January 7, 2014, 9:30 a.m.
PLACE: Agency for Health Care Administration, 2727 Mahan
Drive, Building 3, Conference Room B, Tallahassee, FL 32308
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 7 days before the workshop/meeting by
contacting: Terrosa Buie, Bureau of Health Facility Regulation,
2727 Mahan Drive, Mail Stop #33, Tallahassee, Florida,
(850)412-4339. If you are hearing or speech impaired, please
contact the agency using the Florida Relay Service, 1(800)9558771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Jacqueline Williams, Long Term Care
Unit, Agency for Health Care Administration, 2727 Mahan
Drive, MS #33, Tallahassee, Florida 32308, Email:
[email protected]
THE FULL TEXT OF THE PROPOSED RULE IS:
59A-17.118 Dietary and Nutrition Services.
(1) The facility shall ensure proper nutritional care for its
residents, whether provided by the facility or a third party, and.
The facility shall provide education and training in proper
nutrition and the planning and preparation of meals consistent
with the individualized resident rehabilitation plan as required
by Rule 64E-12.004. The facility shall comply with Rule 10D23.006, F.A.C.
(2) The Recommended Dietary Allowances established by
the Food and Nutrition Board–National Research Council,
adjusted for age, sex, and activity level, shall be the standard
used to evaluate meals.
(3) No more than 14 hours shall lapse between the end of
an evening meal and the beginning of the following morning
meal containing a protein food. Intervals between other meals
shall be not less than four hours no more than 6 hours.
(4) Menus shall be dated, corrected as served and kept on
file for 6 months.
(5) A one week supply of non-perishable food based on the
number of weekly meals the facility has contracted to serve,
shall be on hand at all times.
Rulemaking Specific Authority 400.805 FS. Law Implemented
400.805 FS. History–New 9-28-92, Amended 10-19-94,_________.
Florida Administrative Register
NAME OF PERSON ORIGINATING PROPOSED RULE:
Jacqueline M. Williams
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Elizabeth Dudek, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: October 1, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: July 18, 2014
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NO.:
RULE TITLE:
59A-33.007
AHCA Forms Availability, Information and
Website
PURPOSE AND EFFECT: The Agency proposes to repeal a
rule related to health care clinic licensure requirements.
SUMMARY: The Agency proposes to repeal a rule which notes
the location of all forms, contact information, and website
addresses referenced in this chapter. The Agency proposes to
repeal this rule, because it does not meet the definition of a rule
as provided in Section 120.52(16), F.S., and it is duplicative of
information found elsewhere in the chapter.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that no SERC is required and that
no legislative ratification pursuant to subsection 120.541(3),
F.S. is required based upon the Agency’s review of information
at the time of analysis and the preparation of a checklist for each
rule to determine the need for the creation of a SERC.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: The Agency has determined that no SERC is required
and that no legislative ratification pursuant to subsection
120.541(3), F.S. is required based upon the Agency’s review of
information at the time of analysis and the preparation of a
checklist for each rule to determine the need for the creation of
a SERC.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
Volume 40, Number 244, December 18, 2014
RULEMAKING AUTHORITY: 400.9925 FS.
LAW IMPLEMENTED: 120.54 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE HELD AT THE DATE,
TIME AND PLACE SHOWN BELOW (IF NOT
REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 12, 2015, 3:30 p.m. – 4:30 p.m.
PLACE: Bldg. 3, Conference Room D, 2727 Mahan Drive,
Tallahassee, FL 32308
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 3 days before the workshop/meeting by
contacting:
Tom
Jones
via
e-mail:
[email protected] or by phone: (850)412-4409.
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).
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Tom Jones via e-mail:
[email protected] or by phone: (850)412-4409
THE FULL TEXT OF THE PROPOSED RULE IS:
59A-33.007 AHCA Forms Availability, Information and
Website.
Rulemaking Specific Authority 400.9925 FS. Law Implemented
120.54 FS. History–New 8-28-06, Repealed__________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Tom Jones
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Elizabeth Dudek, Secretary, Agency for
Health Care Administration
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: December 16, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: October 6, 2014
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.:
RULE TITLE:
64B8-1.007
List of Approved Forms; Incorporation
PURPOSE AND EFFECT: The proposed rule amendment is
intended to incorporate the revised physician assistant licensure
application into the Board’s forms rule.
SUMMARY: The proposed rule amendment incorporates the
revised physician assistant licensure application form into the
Board’s forms rule.
5461
Florida Administrative Register
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: During discussion of the economic impact of this rule at
its Board meeting, the Board concluded that this rule change
will not have any impact on licensees and their businesses or
the businesses that employ them. The rule will not increase any
fees, business costs, personnel costs, will not decrease profit
opportunities, and will not require any specialized knowledge
to comply. This change will not increase any direct or indirect
regulatory costs. Hence, the Board determined that a Statement
of Estimated Regulatory Costs (SERC) was not necessary and
that the rule will not require ratification by the Legislature. No
person or interested party submitted additional information
regarding the economic impact at that time.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING
AUTHORITY:
456.013,
456.0276,
456.036(5), 456.048(1), 458.309, 458.311, 458.3124(6),
458.313(4), 458.3137, 458.3145, 458.315(2) 458.3151,
458.317, 457.319, 358.317, 358.319, 458.320(8), 458.321(2),
458.345(3), (8), 458.347(13), 458.3475, 458.351(6) FS.
LAW IMPLEMENTED: 456.013, 456.035, 456.036, 456.048,
456.50, 456.0635, 456.073, 458.309, 458.311, 458.3124,
458.313, 458.3137, 458.3145, 458.315, 458.3151, 458.316,
458.317, 458.319, 458.320, 458.321, 458.345, 458.347,
458.3475, 458.348, 458.351, 465.0276 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: André Ourso, J.D., M.P.H., Executive
Director, Board of Medicine/MQA, 4052 Bald Cypress Way,
Bin #C03, Tallahassee, Florida 32399-3253
THE FULL TEXT OF THE PROPOSED RULE IS:
64B8-1.007 List of Approved Forms; Incorporation.
The following forms used by the Board in its dealings with the
public are listed as follows and are hereby adopted and
incorporated by reference, and can be obtained from the Board
5462
Volume 40, Number 244, December 18, 2014
office by writing to the Board of Medicine, 4052 Bald Cypress
Way, Bin #C03, Tallahassee, Florida 32399-1753, or by
telephoning (850)245-4131:
(1) through (14) No change.
(15) DH-MQA 2000, entitled “Application for Licensure
as a Physician Assistant,” (10/14) (8/12) http://www.
flrules.org/Gateway/reference.asp?No=Ref-______02173.
(16) No change.
Rulemaking Authority 456.013, 456.0276, 456.036(5), 456.048(1),
458.309, 458.311, 458.3124(6), 458.313(4), 458.3137, 458.3145,
458.315(2), 458.3151, 458.317, 458.319, 458.320(8), 458.321(2),
358.345(3), 458.347(13), 458.3475, 458.351(6) FS. Law Implemented
456.013, 456.035, 456.036, 456.048, 456.50, 456.0635, 456.073,
458.309, 458.311, 458.3124, 458.313, 458.3137, 458.3145, 458.315,
458.3151, 458.316, 458.317, 458.319, 458.320, 458.321, 458.345,
458.347, 458.3475, 458.348, 458.351, 465.0276 FS. History–New 417-01, Amended 11-20-01, 8-13-02, 11-10-02, 3-19-03, 6-4-03, 1117-03, 4-19-04, 1-31-05, 9-29-05, 6-29-06, 12-26-06, 4-2-07, 6-25-08,
1-18-09, 3-17-09, 5-20-09, 10-7-09, 1-7-10, 2-2-10, 12-6-10, 12-2711, 2-28-12, 1-27-13, 8-5-13, 11-10-13, 1-9-14, 3-10-14, 7-15-14, 910-14,__________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Council on Physician Assistants
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: October 10, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: December 2, 2014
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.:
RULE TITLE:
64B8-30.003
Physician Assistant Licensure
PURPOSE AND EFFECT: The proposed rule amendment is
intended to incorporate the revised physician assistant licensure
application into the licensure rule.
SUMMARY: The proposed rule amendment incorporates the
revised physician assistant licensure application form into the
licensure rule.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: During discussion of the economic impact of this rule at
Florida Administrative Register
its Board meeting, the Board concluded that this rule change
will not have any impact on licensees and their businesses or
the businesses that employ them. The rule will not increase any
fees, business costs, personnel costs, will not decrease profit
opportunities, and will not require any specialized knowledge
to comply. This change will not increase any direct or indirect
regulatory costs. Hence, the Board determined that a Statement
of Estimated Regulatory Costs (SERC) was not necessary and
that the rule will not require ratification by the Legislature. No
person or interested party submitted additional information
regarding the economic impact at that time.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
RULEMAKING AUTHORITY: 456.013, 456.031(2),
456.033, 458.309, 458.347 FS.
LAW IMPLEMENTED: 456.013, 456.017, 456.031, 456.033,
458.347 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: André Ourso, J.D., M.P.H., Executive
Director, Board of Medicine/MQA, 4052 Bald Cypress Way,
Bin #C03, Tallahassee, Florida 32399-3253
THE FULL TEXT OF THE PROPOSED RULE IS:
64B8-30.003 Physician Assistant Licensure.
(1) Requirements for Licensure.
(a) All applicants for licensure as physician assistants shall
apply on Form DH-MQA 2000, entitled “Application for
Licensure as a Physician Assistant,” (revised 10/14 8/12),
hereby adopted and incorporated by reference, and can be
obtained
from
the
website
at
http://www.flrules.org/Gateway/reference.asp?No=Ref-_____
02173 or http://www.doh.state.fl.us/mqa/PhysAsst/index.html.
(b) No change.
(2) through (5) No change.
Rulemaking Authority 456.013, 456.031(2), 456.033, 458.309,
458.347 FS. Law Implemented 456.013, 456.017, 456.031, 456.033,
458.347 FS. History–New 4-28-76, Amended 11-15-78, 10-23-80, 124-85, Formerly 21M-17.03, Amended 5-13-87, 11-15-88, 11-15-90, 19-92, 5-6-93, Formerly 21M-17.003, Amended 9-21-93, Formerly
61F6-17.003, Amended 9-8-94, 11-30-94, 10-25-95, 3-25-96,
Formerly 59R-30.003, Amended 6-7-98, 8-19-99, 5-28-00, 3-3-02, 519-03, 10-19-03, 11-17-03, 9-5-05, 12-12-05, 10-30-06, 2-25-07, 520-09, 2-2-10, 12-6-10, 1-27-13,___________.
Volume 40, Number 244, December 18, 2014
NAME OF PERSON ORIGINATING PROPOSED RULE:
Council on Physician Assistants
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: October 10, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: December 2, 2014
DEPARTMENT OF HEALTH
Board of Osteopathic Medicine
RULE NO.:
RULE TITLE:
64B15-6.003
Physician Assistant Licensure
PURPOSE AND EFFECT: The proposed rule amendment is
intended to incorporate the revised physician assistant licensure
application into the licensure rule.
SUMMARY: The proposed rule amendment incorporates the
revised physician assistant licensure application form into the
licensure rule.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: During discussion of the economic impact of this rule at
its Board meeting, the Board concluded that this rule change
will not have any impact on licensees and their businesses or
the businesses that employ them. The rule will not increase any
fees, business costs, personnel costs, will not decrease profit
opportunities, and will not require any specialized knowledge
to comply. This change will not increase any direct or indirect
regulatory costs. Hence, the Board determined that a Statement
of Estimated Regulatory Costs (SERC) was not necessary and
that the rule will not require ratification by the Legislature. No
person or interested party submitted additional information
regarding the economic impact at that time.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
5463
Florida Administrative Register
RULEMAKING AUTHORITY: 458.347(7), 459.005, 459.022
FS.
LAW IMPLEMENTED: 456.013, 456.031, 456.033, 459.022
FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Christy Robinson, Executive Director,
Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C06,
Tallahassee, Florida 32399-3256
THE FULL TEXT OF THE PROPOSED RULE IS:
64B15-6.003 Physician Assistant Licensure.
(1) Requirements for Licensure.
(a) All applicants for licensure as physician assistants shall
apply on Form DH-MQA 2000, entitled “Application for
Licensure as a Physician Assistant,” (revised 10/14 8/12),
hereby adopted and incorporated by reference, and can be
obtained from the website at http://www.flrules.org/
Gateway/reference.asp?No=Ref-______02175
or
http://www.doh.state.fl.us/mqa/PhysAsst/index.html.
(b) No change.
(2) through (5) No change.
Rulemaking Authority 458.347(7), 459.005, 459.022 FS. Law
Implemented 456.013, 456.031, 456.033, 459.022 FS. History–New
10-18-77, Formerly 21R-6.03, Amended 10-28-87, 4-21-88, 4-18-89,
9-26-90, 5-20-91, 10-28-91, 3-16-92, Formerly 21R-6.003, Amended
11-4-93, 3-29-94, Formerly 61F9-6.003, Amended 2-1-95, Formerly
59W-6.003, Amended 6-7-98, 3-10-02, 2-23-04, 10-30-06, 2-25-07, 520-09, 2-2-10, 12-6-10, 1-27-13,________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Council on Physician Assistants
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: November 14, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: December 2, 2014
FISH AND WILDLIFE CONSERVATION
COMMISSION
RULE NO.:
RULE TITLE:
68-1.003
Florida Fish and Wildlife Conservation
Commission Grants Program
PURPOSE AND EFFECT: The proposed amendment to Rule
68-1.003, F.A.C., would add a new part to the rule to address
Non-Traditional Section 6 grants programs, clarify and add
detail to the Boating Safety and Education Grant Program
Guidelines, and address minor changes to Guidelines and forms
5464
Volume 40, Number 244, December 18, 2014
for the State Wildlife Grants Program and the Florida Boating
Improvement Program.
SUMMARY: The Non-Traditional Section 6 grants are Federal
Grants that provide flow-through funds from the U.S. Fish and
Wildlife Service to non-federal entities. The Non-Traditional
Section 6 grants to be included are Habitat Conservation
Planning Grants, Habitat Conservation Plan Land Acquisition
Grants, and Recovery Lands Acquisitions Grants programs.
The proposed addition to the rule will allow FWC the ability to
provide guidance to applicants and assure that project packages
are complete and appropriately detailed in budget and scope
prior to being submitted to the U.S. Fish and Wildlife Service.
The intent is to standardize the application, tracking and
reporting processes for these grant programs.
Proposed revisions to the Boating Safety and Education Grant
Program Guidelines include eligible and ineligible uses of grant
funds, eligible participants, the minimum grant award, the
evaluation criteria, and the evaluation committee.
Proposed revisions to the Florida Boating Improvement
Program Guidelines include project type categories and eligible
uses of program funds; distribution of funds; evaluation criteria,
compliance requirements regarding construction permits, and
changes to the application form to clarify pre-award costs and
cost share and the instructions for submitting attachments to the
application.
The proposed amendment would also address revisions and
reformatting to Florida’s State Wildlife Grants Program
Guidelines, Budget Form, and Application Form. These
revisions would remove obsolete language and references,
provide updated language and references, clarify changes to the
grants program regarding targeted and general grant types, and
include new requirements for complete proposals to address
reporting needs for the federal Tracking and Reporting Actions
for the Conservation of Species (TRACS) system.
SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY
COSTS
AND
LEGISLATIVE
RATIFICATION: The Agency has determined that this will not
have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in
the aggregate within one year after the implementation of the
rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not
expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is
required, the information expressly relied upon and described
herein: the nature of the rule and the preliminary analysis
conducted to determine whether a SERC was required.
Any person who wishes to provide information regarding a
statement of estimated regulatory costs, or provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
Florida Administrative Register
RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida
Constitution, 327.04, 327.47, 379.106 FS.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution
327.47, 328.72, 379.106 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Boating Safety and Education Grant
Program: Captain Tom Shipp, Division of Law Enforcement,
Florida Fish and Wildlife Conservation Commission, Bryant
Building Headquarters, 620 S. Meridian St., Tallahassee, FL
32399, (850)488-5600
Florida Boating Improvement Program: Tim Woody, Division
of Law Enforcement, Florida Fish and Wildlife Conservation
Commission, Bryant Building Headquarters, 620 S. Meridian
St., Tallahassee, FL 32399, (850)488-5600.
Non-traditional Section 6: Tom Ostertag, Division of Habitat
and Species Conservation, Fish and Wildlife Conservation
Commission, 620 South Meridian Street, Tallahassee, Florida
32399, (850)488-3831.
State Wildlife Grants Program: Andrea Alden, Division of
Habitat and Species Conservation, Fish and Wildlife
Conservation Commission, 620 South Meridian Street,
Tallahassee, Florida 32399, (850)488-3831.
THE FULL TEXT OF THE PROPOSED RULE IS:
68-1.003 Florida Fish and Wildlife Conservation
Commission Grants Program.
(1) through (7) No change.
(8) Florida Boating Safety and Education Grant Program
grants shall meet all additional program requirements set forth
in the Boating Safety and Education Grant Program Guidelines
(dated January 2015 Jan. 2008), which are hereby incorporated
by reference. The following form is hereby adopted and
incorporated by reference: FWC/FBSEG, Florida Boating
Safety and Education Grant Application, 07/08. The guidelines
and form are available from the Commission at 620 S. Meridian
Street,
1M,
Tallahassee,
Florida
32399-1600 or
https://www.flrules.org/Gateway/reference.asp?No=Ref-____.
(9) Florida Boating Improvement Program grants shall
meet all additional program requirements set forth in the Florida
Boating Improvement Program Guidelines (January 2015 Mar.
2012), which are hereby incorporated by reference. The
following forms are hereby adopted and incorporated by
reference: FWC/FBIP-A, Florida Boating Improvement
Program Grant Application for Recreational Channel Markers
and Other Uniform Waterway Markers, 01/15 03/12;
FWC/FBIP-B, Florida Boating Improvement Program Grant
Application for Boating Access Facilities, 01/15 03/12;
Volume 40, Number 244, December 18, 2014
FWC/FBIP-C, Florida Boating Improvement Program Grant
Application for Derelict Vessel Removal, 01/15 03/12;
FWC/FBIP-D, Florida Boating Improvement Program Boater
Education Grant Application, 01/15 03/12; FWC/FBIP-E,
Florida Boating Improvement Program Grant Application for
Economic Initiatives and Other Local Boating Related Projects,
01/15 03/12. The guidelines and forms are available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-____
and https://www.flrules.org/Gateway/reference.asp?No=Ref_____ or from the Commission at 620 S. Meridian Street, 1M,
Tallahassee, Florida 32399-1600.
(10) No change.
(11) Florida’s State Wildlife Grants Program grants shall
meet all additional program requirements set forth in Florida’s
State Wildlife Grants Program Guidelines (dated November
2014 February 2010, revised July 2011), which are hereby
incorporated
by
reference
and
available
at
https://www.flrules.org/Gateway/reference.asp?No=Ref-____.
The following forms are hereby adopted and incorporated by
reference: FWC/SWG-1, entitled “Florida State Wildlife
Grants Program Budget Form,” November 2014, available at
https://www.flrules.org/Gateway/reference.asp?
No=Ref_____ June 2008, and FWC/SWG-2, entitled “Florida State
Wildlife Grants Program Application Form,” November 2014,
available
at
https://www.flrules.org/
Gateway/reference.asp?No=Ref-____ June 2008. The
guidelines and forms are also available from the Commission at
620 South Meridian Street, Tallahassee, Florida 32399-1600.
(12) No change.
(13) Non-Traditional Section 6 Grants Program grants
shall meet all additional program requirements set forth in
Florida’s Non-Traditional Section 6 Grants Program Guidelines
(November 2014,) FWC/NTS6-1, which are hereby
incorporated
by
reference
and
available
at
https://www.flrules.org/Gateway/reference.asp?No=Ref-____.
The following forms are hereby adopted and incorporated by
reference: FWC/NTS6-2, entitled “Florida’s Non-Traditional
Section 6 Grants Program Application Form,” dated November
2014
and
available
at
https://www.flrules.org/Gateway/reference.asp?No=Ref-____;
FWC/NTS6-3 “Florida’s Non-Traditional Section 6 Grants
Program Task Schedule and Timeline,” dated November 2014
and
available
at
https://www.flrules.org/
Gateway/reference.asp?No=Ref-____; and FWC/NTS6-4
“Florida’s Non-Traditional Section 6 Grants Program Budget
Sheet,” dated November 2014 and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-____.
The guidelines and forms are also available from the
Commission at 620 South Meridian Street, Tallahassee, Florida
32399-1600.
5465
Florida Administrative Register
Rulemaking Authority 206.606, 327.04, 327.47, 379.106 FS. Law
Implemented 206.606, 327.47, 328.72, 379.106 FS. History–New 4-404, Amended 3-15-05, Formerly 68A-2.015, Amended 5-22-07, 7-608, 1-18-09, 3-21-10, 6-30-10, 5-20-12,__________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Boating Safety and Education Grant Program:
Captain Tom Shipp, Division of Law Enforcement, Florida Fish
and Wildlife Conservation Commission, Bryant Building
Headquarters, 620 S. Meridian St., Tallahassee, FL 32399,
(850)488-5600
Florida Boating Improvement Program: Tim Woody, Division
of Law Enforcement, Florida Fish and Wildlife Conservation
Commission, Bryant Building Headquarters, 620 S. Meridian
St., Tallahassee, FL 32399, (850)488-5600
Non-traditional Section 6: Tom Ostertag, Division of Habitat
and Species Conservation, Fish and Wildlife Conservation
Commission, 620 South Meridian Street, Tallahassee, Florida
32399, (850)488-3831
State Wildlife Grants Program: Andrea Alden, Division of
Habitat and Species Conservation
Fish and Wildlife Conservation Commission, 620 South
Meridian Street, Tallahassee, Florida 32399, (850)488-3831.
NAME OF AGENCY HEAD WHO APPROVED THE
PROPOSED RULE: Florida Fish and Wildlife Conservation
Commission
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: November 20, 2014
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAR: August 26, 2014
Section III
Notice of Changes, Corrections and
Withdrawals
DEPARTMENT OF REVENUE
Sales and Use Tax
RULE NO.:
RULE TITLE:
12A-1.0215
Veterinary Sales and Services
NOTICE OF CHANGE
Notice is hereby given that the following changes have been
made to the proposed rule in accordance with subparagraph
120.54(3)(d)1., F.S., published in Vol. 40, No. 225, November
19, 2014 issue of the Florida Administrative Register.
These changes are in response to written comments received
from a taxpayer, requesting that the Department revise
references to “pet food” to “animal food,” in accordance with
the statutory exemption. The proposed revisions modify the rule
5466
Volume 40, Number 244, December 18, 2014
language as requested. The language being modified is in new
subsection (6) of Rule 12A-1.0215, and will now read as
follows:
(6) ANIMAL FOOD SOLD TO CONSUMERS.
(a) Animal foods that are required by federal or state law
to be dispensed only by a prescription are exempt from tax.
(b) Animal foods which are therapeutic veterinary diets are
exempt from tax. For the purpose of this rule, “therapeutic
veterinary diets” means those animal foods that are specifically
formulated to aid in the management of illness and disease of a
diagnosed health disorder in an animal and which are only
available from a licensed veterinarian.
(c) Even when sold by a veterinarian, animal foods which
are not required by federal or state law to be dispensed only by
a prescription and animal foods that are not therapeutic
veterinary diets are subject to tax.
In addition, the Law Implemented section of the rule will be
revised to remove references to Section 212.18(3) and 465.186,
F.S., and current subparagraph (4)(e)(5) will be renumbered to
subparagraph (4)(e)(4), to account for the striking of current
subsection (4).
DEPARTMENT OF REVENUE
Sales and Use Tax
RULE NOS.:
RULE TITLES:
12A-1.038
Consumer's Certificate of Exemption;
Exemption Certificates
12A-1.039
Sales for Resale
NOTICE OF CHANGE
Notice is hereby given that the following changes have been
made to the proposed rule in accordance with subparagraph
120.54(3)(d)1., F.S., published in Vol. 40, No. 225, November
19, 2014 issue of the Florida Administrative Register.
The following changes are made in response to written
comments received from the staff of the Joint Administrative
Procedures Committee:
The Department removes the following statutory references
from the Law Implemented provision of Rule 12A-1.038,
F.A.C.: Sections 212.05(a)(j), 212.06(1)(c), 212(16), 212.0601,
and 21208(5)(m), F.S.
The Department withdraws the proposed removal of the
effective date from a taxpayer’s Annual Resale Certificate in
Rule 12A-1.039, F.A.C. By retaining the effective date on the
certificate, conflicting language in Rule 12A-1.038 is resolved.
The stricken language in paragraph (2)(a) of Rule 12A-1.039,
as proposed in the Notice of Proposed Rule published
November 19, 2014, is hereby withdrawn, and paragraph (2)(a)
will have no changes upon adoption.
Florida Administrative Register
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NOS.:
RULE TITLES:
59A-33.002
Licensure, Application Process, General
Requirements
59A-33.006
Certificates of Exemption and Exempt
Status
59A-33.008
Medical or Clinic Director
59A-33.012
Survey Requirements and Process
NOTICE OF CHANGE
Notice is hereby given that the following changes have been
made to the proposed rule in accordance with subparagraph
120.54(3)(d)1., F.S., published in Vol. 40, No. 194, October 6,
2014 issue of the Florida Administrative Register.
The following sections of the proposed rule should be changed
to read:
59A-33.002 Licensure, Application Process, General
Requirements.
(1) The applicant or licensee shall make application for an
initial, change of ownership, or renewal license to operate a
health care clinic and shall provide all of the information
required by this rule and Chapter 400, Part X, F.S., on the
Health Care Licensing Application, Health Care Clinics,
AHCA Form 3110-0013, July 2014, incorporated herein by
reference
and
available
at
http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and
available from the Agency for Health Care Administration
website at: http://ahca.myflorida.com/HQAlicensureforms.
(2) The following shall be included with the application:
(a) License Fee. A nonrefundable $2,000 application fee
payable to AHCA; and
(b) Fictitious Name. When an applicant intends to operate
under a fictitious name, a copy of an Affidavit of Compliance
with Fictitious Name pursuant to Section 865.09, F.S., or a copy
of a registration form from the Division of Corporations,
Secretary of State, showing registration of the applicant’s
fictitious name; and
(c) Evidence of Incorporation. When an applicant is a
corporation or other entity, a copy of the registration of the
applicant entity on file with the Division of Corporations,
Secretary of State, State of Florida; and
(d) Proof of financial ability to operate. Proof of financial
ability to operate must be demonstrated for initial licensure and
change of ownership applications as required in Section
408.810(8), F.S. and Rule 59A-35.062, F.A.C.; and
(e) Accreditation. Each clinic engaged in magnetic
resonance imaging (“MRI”) services shall provide
documentation that it is accredited by a national accrediting
organization that is approved by the Centers for Medicare and
Medicaid Services for magnetic resonance imaging and
Volume 40, Number 244, December 18, 2014
advanced diagnostic imaging services within 1 year after
licensure or one year after beginning MRI services to patients
or placing a new magnet for an existing MRI. This period may
be extended in accordance with Section 400.9935(7)(a), F.S.
Clinics that are accredited by the Accreditation Association for
Ambulatory Health Care prior to July 1, 2013, shall be
accredited by an approved accreditating organization on or
before July 1, 2014; and
(f) Background Screening. Applicants must submit
evidence of compliance with level 2 background screening
requirements as required in Section 400.991, F.S. and Section
408.809, F.S., and
(g) Medical/Clinic Director Attestation, AHCA Form
3110-1028 (Sept 2014), incorporated herein by reference and
available at http://www.flrules.org/Gateway/reference.asp?No=RefXXXXX and available from the Agency for Health Care
Administration
website
at:
http://ahca.myflorida.com/HQAlicensureforms.
Rulemaking Authority 400.991(1), 400.991(7)(d), 400.995(3),
400.9925, 408.809, 408.810(8), 408.819 FS. Law Implemented
400.9925, 400.991(1)(a), (4), (7)(d), 408.806, 408.809, 408.810(8),
435.04 FS. History–New 8-28-06, Amended__________.
59A-33.006 Certificates of Exemption and Exempt Status.
(1) through (2) No change.
(3) When a change to the exempt status occurs to an exempt
facility or entity that causes it to no longer qualify for an
exemption, any exempt status claimed or reflected in a
certificate of exemption ceases on the date the facility or entity
no longer qualifies for a certificate of exemption. In such case,
the health care clinic must file with the Agency a license
application under ss. 400.990-400.995, F.S. the Act within 5
days of becoming a health care clinic and shall be subject to all
provisions of the Act applicable to unlicensed health care
clinics. Failure to timely file an application for licensure within
5 days of becoming a health care clinic will render the health
care clinic unlicensed and subject the owners, medical or clinic
directors and the health care clinic to sanctions under ss.
400.990-400.995, F.S. the Act.
(4) through (10) No change.
Rulemaking Authority 400.9925 FS. Law Implemented 400.9905(4),
400.9925, 400.9935(2),
(9)
FS. History–New 8-28-06,
Amended________.
59A-33.008 Medical or Clinic Director.
(1) through (2) No change.
(3) The Agency shall issue an emergency order suspending
the license of any health care clinic operated or maintained
without a medical or clinic director as required by ss. 400.990400.995, F.S. the Act and this rule for such period of time as the
health care clinic is without a medical or clinic director. The
Agency shall assess a civil fine of up to $5,000 for operating or
5467
Florida Administrative Register
maintaining a health care clinic without a medical or clinic
director. Each day of operation following receipt of Agency
notice is considered a separate offense. Operation and
maintenance of a health care clinic without a medical or clinic
director shall be grounds for revocation of the license in
addition to the assessment of fines pursuant to Section 400.995
(1), F.S.
Rulemaking Authority 400.9925(1), (2) FS. Law Implemented
120.542, 120.60(6), 400.9905(5), 400.9915(3), 400.993, 400.9935(1)
(a)-(g), 400.9935(3), 400.995(1), (6) FS. History–New 8-28-06,
Amended________.
59A-33.012 Inspection Requirements and Process.
(1) through new (2) No change.
(3) To facilitate a licensure survey, the health care clinic
shall have the following materials readily available for review
at the time of the survey:
(a) The professional license or facsimile of the license for
the medical or clinic director.
(b) Copy of medical or clinic director’s written agreement
with the health care clinic assuming the responsibilities for the
statutory activities in Sections 400.9935(1)(a)-(i), F.S. If the
medical or clinic director signs the Medical/Clinic Director
Attestation, AHCA Form 3110-1028 (Sept 2014), incorporated
by reference referenced in Rule 59A-33.002, F.A.C.,
acknowledging these responsibilities as specified in Section
400.9935, F.S., this requirement is met.
(c) Written policies, protocols, guidelines and procedures
used or to be used by the facility staff in day-to-day operations.
This includes, but is not limited to protocols for physician
assistants and advanced registered nurse practitioners plus a
copy of the supervision form submitted to the Department of
Health by the physician supervisor.
New (3)(d) through (3)(s) No change.
Rulemaking Authority 400.9925, 408.806, 408.811, 408.819 FS. Law
Implemented 120.542, 120.60(6), 400.9905(5), 400.9915(3),
400.993(6), 400.9935(1)(a)-(i), 400.9935(3), 400.995(1), (6), (8),
408.806, 408.811 FS. History–New 8-28-06, Amended________.
The following changes have been made to Health Care
Licensing Application, Health Care Clinics, AHCA Form 31100013, July 2014:
Page 4
The definition of “nonimmigrant’ in the form has been removed
and replaced with a reference to 8 U.S.C. §1101.
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Regulatory Council of Community Association Managers
RULE NO.:
RULE TITLE:
61E14-2.001
Standards of Professional Conduct.
5468
Volume 40, Number 244, December 18, 2014
NOTICE OF CHANGE
NOTICE IS HEREBY GIVEN that the following changes have
been made to the proposed rule in accordance with
subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No.
192, October 2, 2014, issue of the Florida Administrative
Register and are in response to written comments submitted by
the Joint Administrative Procedures Committee staff:
1. First paragraph shall end: “services.”
2. Paragraph (1)(a) shall read:
(a) “Licensee” means a person licensed pursuant to
Sections 468.432(1) and (2), F.S.
3. Paragraph (1)(b) shall read:
(b) “Community Association Management Services”
means performing any of the practices requiring specialized
knowledge, judgment, and management skill as defined in
Section 468.431(2), F.S.
4. Paragraph (1)(c) shall read:
(c) “Funds” as used in this rule includes money and
negotiable instruments including checks, notes and securities.
5. Subsection (2) as adopted shall be deleted and shall now read:
(2) Professional Standards. During the performance of
community association management services, a licensee shall
do the following:
(a) Comply with the requirements of the governing
documents by which a community association is created or
operated.
(b) Only deposit or disburse funds received by the
community association manager or management firm on behalf
of the association for the specific purpose or purposes
designated by the board of directors, community association
management contract or the governing documents of the
association.
(c) Perform all community association management
services required by the licensee's contract to professional
standards and to the standards established by Section
468.4334(1), F.S.
(d) In the event of a potential conflict of interest, provide
full disclosure to the association and obtain authorization or
approval.
6. Subsection (3) as adopted shall be deleted and shall now
read:
(3) Records. During the performance of community
association management services pursuant to a contract with a
community association, a licensee shall not:
(a) Withhold possession of the association's official
records, in violation of Section 718.111(12), 719.104(2) or
720.303(5), F.S., or original books, records, accounts, funds, or
other property of a community association when requested by
the association to deliver the same to the association upon
reasonable notice. Reasonable notice shall extend no later than
10 business days after termination of any management or
Florida Administrative Register
employment agreement and receipt of a written request from
the association. The manager may retain those records
necessary for up to 20 days to complete an ending financial
statement or report. Failure of the association to provide access
or retention of accounting records to prepare the statement or
report shall relieve the manager of any further responsibility or
liability for preparation of the statement or report. The
provisions of this rule apply regardless of any contractual or
other dispute between the licensee and the association.
(b) Deny or delay access to association official records to
an owner or his or her authorized representative who is entitled
to access within the timeframe and under the procedures set out
in Section 718.111(12), 719.104(2) or 720.303(5), F.S.
(c) Create false records or alter the official records of an
association in violation of Section 718.111(12), 719.104(2) or
720.303(5), F.S., or of the licensee except in such cases where
an alteration is permitted by law (e.g., the correction of minutes
per direction given at a meeting at which the minutes are
submitted for approval).
(d) Fail to maintain the records for a community
association manager or management firm or the official records
of any applicable association, as required by Section
718.111(12), 719.104(2) or 720.303(5), F.S.
7. Subsections (4) through (8) as adopted shall be deleted.
8. “Law Implemented” shall read: 468.431(2), 468.4315(2),
468.4334, 468.436 FS.
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Robyn Barineau, Executive Director,
Regulatory Council of Community Association Managers,
1940 N. Monroe Street, Tallahassee, Florida 32399, (850)4871395
DEPARTMENT OF CHILDREN AND FAMILY
SERVICES
Family Safety and Preservation Program
RULE NO.:
RULE TITLE:
65C-29.001
Definitions
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rule, as noticed in Vol.
40, No. 181, September 17, 2014 issue of the Florida
Administrative Register has been withdrawn.
Section IV
Emergency Rules
NONE
Volume 40, Number 244, December 18, 2014
Section V
Petitions and Dispositions Regarding Rule
Variance or Waiver
DEPARTMENT OF TRANSPORTATION
RULE NO.: RULE TITLE:
14-75.003 Minimum Technical Qualification Standards by
Type of Work
NOTICE IS HEREBY GIVEN that on December 11, 2014, the
Department of Transportation, received a petition for Variance
from Castle Bay Design Studio, LLC. The Petition seeks a
variance of subparagraph 14-75.003(5)(m)2, F.A.C., which
requires at least 5 years post-registration experience in
landscape architecture projects for qualification in Standard
Work Type 15.0, Landscape Architecture, based on Castle Bay
Design Studio, LLC’s landscape architects’ 7 and 9 years of
pre-registration experience respectively.
A copy of the Petition for Variance or Waiver may be obtained
by contacting: Patricia A. Parsons, Clerk of Agency
Proceedings, Department of Transportation, 605 Suwannee
Street, MS 58, Tallahassee, Florida 32399-0458,
[email protected]
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Division of Hotels and Restaurants
RULE NO.: RULE TITLE:
61C-1.004 General Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on December 10, 2014, the
Florida Department of Business and Professional Regulation,
Division of Hotels and Restaurant, received a petition for an
Emergency Variance for paragraph 61C-1.004(1)(a), Florida
Administrative Code, and Paragraph 5-202.11(A), 2009 FDA
Food Code from Sanna located in Bay Lake. The above
referenced F.A.C. addresses the requirement that each
establishment have an approved plumbing system installed to
transport potable water and wastewater. They are requesting to
utilize holding tanks to provide potable water and to collect
wastewater at the handwash sink in the second floor bar.
The Division of Hotels and Restaurants will accept comments
concerning the Petition for 5 days from the date of publication
of this notice. To be considered, comments must be received
before 5:00 p.m.
A copy of the Petition for Variance or Waiver may be obtained
by
contacting:
[email protected],
Division of Hotels and Restaurants, 1940 North Monroe Street,
Tallahassee, Florida 32399-1011.
5469
Florida Administrative Register
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Engineers
RULE NO.: RULE TITLE:
61G15-20.0015 Application for Licensure by Endorsement
NOTICE IS HEREBY GIVEN that on December 9, 2014, the
Board of Professional Engineers received a petition for
Variance or Waiver, filed by Louis M. Kneip. The Petitioner
seeks the Variance or Waiver from subsection 61G1520.0015(5), F.A.C., with respect to the requirement that each
applicant for a Florida engineers license must demonstrate that
the applicant meets the current criteria listed in Section
471.013, F.S., and the requirement that an applicant for
licensure by endorsement who has an engineering equivalency
to an EAC/ABET accredited has demonstrated substantial
equivalency to an EAC/ABET accredited engineering program,
as required by Rule 61G15-20.007, F.A.C., when such
applicant has held a valid professional engineer’s license in
another state for 15 years and has had 20 years of continuous
professional-level engineering experience.
The Board will address this Petition at its next meeting.
Comments on this petition should be filed with the Board of
Professional Engineers, 2639 North Monroe Street, Suite B112, Tallahassee, FL 32303, within 14 days of publication of
this notice.
A copy of the Petition for Variance or Waiver may be obtained
by contacting: Zana Raybon, Executive Director, Board of
Professional Engineers, at the above address or telephone:
(850)521-0500.
DEPARTMENT OF HEALTH
Board of Physical Therapy Practice
RULE NO.: RULE TITLE:
64B17-3.001 Licensure as a Physical Therapist by Examination
The Board of Physical Therapy Practice hereby gives notice of
the issuance of an Order regarding the Petition for Variance or
Waiver for Gavin Hammer, filed on July 18, 2013. The Notice
of Petition for Variance or Waiver was published in Vol. 39,
No. 141, of the July 22, 2013, Florida Administrative Register.
The Board considered the Petition at a duly-noticed public
meeting held on August 9, 2013. The Petitioner sought a
permanent variance or waiver of Rule 64B17-3.001, Florida
Administrative Code, with regards to the requirement that
foreign graduates receive a determination that their educational
credentials are equivalent to education required for licensure as
a physical therapist in the United States as determined by a
Board approved Credentialing Agency.
The Board’s Order, filed on August 29, 2013, grants the Petition
for Variance or Waiver. The Petitioner has demonstrated that
the purpose of the underlying statute has been met by other
5470
Volume 40, Number 244, December 18, 2014
means, and that application of the rule would cause a substantial
hardship and would violate principles of fairness.
A copy of the Order or additional information may be obtained
by contacting: Allen Hall, Executive Director, Board of
Physical Therapy, 4052 Bald Cypress Way, Bin #C05,
Tallahassee, Florida 32399-3255.
DEPARTMENT OF HEALTH
Board of Physical Therapy Practice
RULE NO.: RULE TITLE:
64B17-3.001 Licensure as a Physical Therapist by Examination
The Board of Physical Therapy Practice hereby gives notice of
the issuance of an Order regarding the Petition for Variance or
Waiver for Luiza Caparelli, filed on July 9, 2013. The Notice
of Petition for Variance or Waiver was published in Vol. 39,
No. 136, of the July 15, 2013, Florida Administrative Register.
The Board considered the Petition at a duly-noticed public
meeting held on August 9, 2013. The Petitioner sought a
variance or waiver of subparagraphs 64B17-3.001(3)(b)1.-3.,
F.A.C., which require foreign graduates to have received a
determination that their educational credentials are equivalent
to the education required for licensure as a physical therapist in
the United States as determined by the Foreign Credentialing
Commission on Physical Therapy or other Board-approved
credentialing agency.
The Board’s Order, filed on August 29, 2013, denies the
Petition for Variance or Waiver. Section 120.542, Florida
Statutes, and Rule 28-104.001, Florida Administrative Code,
only authorize the Board to grant a variance or wavier of the
Board’s rules, and do not allow the Board to waive a statutory
requirement. Accordingly, the Board is without jurisdiction to
grant the Petition for Variance or Waiver.
A copy of the Order or additional information may be obtained
by contacting: Allen Hall, Executive Director, Board of
Physical Therapy Practice, 4052 Bald Cypress Way, Bin # C05,
Tallahassee, Florida 32399-3255.
DEPARTMENT OF HEALTH
School Psychology
RULE NO.: RULE TITLE:
64B21-500.002 Application Form Required for Licensure
NOTICE IS HEREBY GIVEN that on December 9, 2014, the
Department of Health received a Petition for Variance from Luz
Martha Callum seeking a variance of Rule 64B21-500.002 and
subsection 64B21-500.011(4), F.A.C. Petitioner requests that
the Department accept her documentation of supervised and
general experience in school psychology due to the
unavailability of former supervisors, and requests that the
Department accept her original examination score because the
scores are no longer retained by the exam provider.
Florida Administrative Register
A copy of the Petition for Variance or Waiver may be obtained
by contacting: Allen Hall, Executive Director, Office of School
Psychology/MQA, 4052 Bald Cypress Way, Bin #C05,
Tallahassee, Florida 32399-3255.
Any interested person or other agency may submit written
comments within 14 days after the publication of this notice to:
Office of School Psychology, MQA, 4052 Bald Cypress Way,
Bin #C05, Tallahassee, Florida 32399-3255.
Section VI
Notice of Meetings, Workshops and Public
Hearings
DEPARTMENT OF STATE
Division of Elections
The Elections Canvassing Commission announces a public
meeting to which all persons are invited.
DATE AND TIME: Tuesday, December 30, 2014, 9:00 a.m.
PLACE: Cabinet Meeting Room, LL03, The Capitol,
Tallahassee, Florida
GENERAL SUBJECT MATTER TO BE CONSIDERED: The
Elections Canvassing Commission will meet to certify the
official results for the December 16, 2014 Special Primary
Election for State House District 13 in accordance with Sections
100.101 and 100.141, Florida Statutes.
A copy of the agenda may be obtained by contacting: Kristi
Bronson,
(850)245-6240
or
[email protected]
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 2 days before the workshop/meeting by
contacting:
Kristi
Bronson,
(850)245-6240
or
[email protected] If you are hearing or
speech impaired, please contact the agency using the Florida
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770
(Voice).
DEPARTMENT OF LAW ENFORCEMENT
Criminal Justice Standards and Training Commission
The Criminal Justice Professionalism Division and the Officer
Discipline Penalty Guidelines Task Force announces a public
meeting to which all persons are invited.
DATE AND TIME: Wednesday, January 21, 2015, 8:30 a.m. –
Open
PLACE: Seminole State College, Sanford/Lake Mary Campus,
100 Weldon Boulevard, Room AT102, Automotive Building,
Sanford, Florida 32773
Volume 40, Number 244, December 18, 2014
GENERAL SUBJECT MATTER TO BE CONSIDERED:
AMENDED – The Criminal Justice Standards and Training
Commission Officer Discipline Penalty Guidelines Taskforce
will discuss possible revisions to the officer discipline penalty
guidelines in Rule Chapter 11B-27.
A copy of the agenda may be obtained by contacting: Stacy
Lehman
at
(850)410-8645
or
email:
[email protected]
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 14 days before the workshop/meeting by
contacting: Stacy Lehman at (850)410-8645 or email:
[email protected] If you are hearing or speech
impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
FLORIDA COMMISSION ON OFFENDER REVIEW
The Florida Commission on Offender Review announces public
meetings to which all persons are invited.
DATES AND TIMES: Wednesday, January 7, 2015; Thursday,
January 8, 2015; Wednesday, January 14, 2015; Thursday,
January 15, 2015; all times 9:00 a.m.
PLACE: Florida Commission on Offender Review, 4070
Esplanade Way, Tallahassee, FL 32399-2450
GENERAL SUBJECT MATTER TO BE CONSIDERED:
Regularly scheduled meeting for all Parole, Conditional
Release, Conditional Medical Release, Addiction Recovery,
Control Release and all other Commission business.
A copy of the agenda may be obtained by contacting: Florida
Commission on Offender Review, (850)488-1293.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 5 days before the workshop/meeting by
contacting: Florida Commission on Offender Review at
[email protected] If you are hearing or speech impaired,
please contact the agency using the Florida Relay Service,
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the Board
with respect to any matter considered at this meeting or hearing,
he/she will need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and
evidence from which the appeal is to be issued.
REGIONAL PLANNING COUNCILS
West Florida Regional Planning Council
The Comprehensive Economic Development Strategy (CEDS)
Committee Meeting announces a public meeting to which all
persons are invited.
5471
Florida Administrative Register
DATE AND TIME: Thursday, January 8, 2015, 10:00 a.m. –
12:00 Noon
PLACE: City of Ft. Walton Beach, 107 Miracle Strip Parkway
SW, Fort Walton Beach, FL 32548
GENERAL SUBJECT MATTER TO BE CONSIDERED: This
meeting will be to review the final CEDS Update draft, any
public comments received during the comment period, and to
adopt the 2014 CEDS Update.
A copy of the agenda may be obtained by contacting:
[email protected], 1(800)226-8914, ext. 245.
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 2 days before the workshop/meeting by
contacting: [email protected], 1(800)226-8914, ext. 245.
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).
For
more
information,
you
may
contact:
[email protected], 1(800)226-8914, ext. 245.
DEPARTMENT OF HEALTH
Board of Orthotists and Prosthetists
The Board of Orthotists and Prosthetists announces a public
meeting to which all persons are invited.
DATE AND TIME: Friday, January 30, 2015, 9:00 a.m.
PLACE: Four Points by Sheraton Downtown, 316 West
Tennessee Street, Tallahassee, Florida 32301, (850)422-0071
GENERAL SUBJECT MATTER TO BE CONSIDERED:
General board business.
A copy of the agenda may be obtained by contacting: Edith
Rogers, Board of Orthotists & Prosthetists, 4052 Bald Cypress
Way, Bin #C07, Tallahassee, Florida 32399-3257 or by
accessing
the
board’s
website
at:
http://floridasorthotistsprosthetists.gov/meetinginformation/
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least 48 hours before the workshop/meeting by
contacting: Edith Rogers at [email protected] If you
are hearing or speech impaired, please contact the agency using
the Florida Relay Service, 1(800)955-8771 (TDD) or
1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the Board
with respect to any matter considered at this meeting or hearing,
he/she will need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and
evidence from which the appeal is to be issued.
For more information, you may contact: Edith Rogers at
[email protected]
5472
Volume 40, Number 244, December 18, 2014
METRIC ENGINEERING, INC.
The Florida Department of Transportation announces a public
meeting to which all persons are invited.
DATE AND TIME: Tuesday, January 6, 2015, 5:30 p.m. – 6:30
p.m., CST
PLACE: Hilton Garden Inn, 1144 Airport Boulevard,
Pensacola, Florida
GENERAL SUBJECT MATTER TO BE CONSIDERED: The
Florida Department of Transportation (FDOT) invites you to
attend a public information meeting concerning the proposed
development of an Action Plan for State Road (S.R.) 750
(Airport Boulevard) from S.R. 8A (I-110) to the Pensacola
International Airport (North 12th Avenue) in Escambia County,
Florida. The meeting will be held Tuesday, January 6, 2015
from 5:30 p.m. to 6:30 p.m. CST, at the Hilton Garden Inn, 1144
Airport Boulevard, Pensacola. There will be no formal
presentation; however, an open house format with an
informational video will be provided. The intent of this meeting
will be to provide current information on the project process
and schedule. Representatives from FDOT will be available to
discuss the project, answer questions, and receive comments.
The purpose of the Action Plan is to guide the development of
a multi-modal transportation system that will serve the
transportation needs of the corridor; provide for the efficient
and effective movement of freight, and foster economic growth
and development in the region. The plan will also seek
enhancement of regional mobility, while minimizing other
environmental impacts that might occur from roadway
construction. The intent of the plan is to define and recommend
improvements to bring S.R. 750 (Airport Boulevard) into
compliance with the Strategic Intermodal System (SIS)
Standards of the FDOT, as well as to analyze alternatives to
preserve the traffic level of service in the study area through the
year 2040.
State Road 750 (Airport Boulevard) is currently designated as
a SIS Connector from I-110 to the Pensacola International
Airport (North 12th Avenue). The alternatives have been
analyzed and two recommendations are being considered. The
first is to improve the infrastructure along the S.R. 750 corridor
to be compliant with the Americans with Disabilities Act
(ADA). The second is the reconstruction of the S.R. 750
corridor utilizing a raised median based on the Administrative
Rules for an Access Class 5 roadway.
A copy of the agenda may be obtained by contacting: Victoria
Wilson, FDOT Project Manager, toll-free at 1(888)638-0250,
extension 1279 or by email: [email protected]
Pursuant to the provisions of the Americans with Disabilities
Act, any person requiring special accommodations to
participate in this workshop/meeting is asked to advise the
agency at least seven days before the workshop/meeting by
contacting: Victoria Wilson, at the number listed above. If you
Florida Administrative Register
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).
For more information, you may contact: Victoria Wilson,
FDOT Project Manager, toll-free at 1(888)638-0250, extension
1279 or by email: [email protected]
Section VII
Notice of Petitions and Dispositions
Regarding Declaratory Statements
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Construction Industry Licensing Board
NOTICE IS HEREBY GIVEN that the Construction Industry
Licensing Board has received a Petition for Declaratory
Statement from Steel Fabricators, LLC, on December 8, 2014.
The petition seeks the agency’s opinion as to the applicability
of Part I of Chapter 489, Florida Statutes, as it applies to the
petitioner.
The Petitioner seeks a declaratory statement as to whether
licensure is required pursuant to Part I of Chapter 489, Florida
Statutes, in order to perform structural steel and architecturally
exposed structural steel work in Florida. Except for good cause
shown, motions for leave to intervene must be filed within 21
days after publication of this notice.
A copy of the Petition for Declaratory Statement may be
obtained by contacting: Dan Biggins, Executive Director,
Construction Industry Licensing Board, 1940 North Monroe
Street, Tallahassee, FL 32399-0783, (850)487-1395 or by
email: [email protected]
DEPARTMENT OF HEALTH
Board of Physical Therapy Practice
NOTICE IS HEREBY GIVEN that The Board of Physical
Therapy Practice has declined to rule on the petition for
declaratory statement filed by Brittany DeCroes, P.T. on
February 14, 2014. The following is a summary of the agency’s
declination of the petition:
The Notice of Petition for Declaratory Statement was published
in Vol. 40, No. 11, of the January 16, 2014, Florida
Administrative Register. The Board considered the Petition at a
duly-noticed public meeting held on February 14, 2014. The
Petitioner is requesting the Board’s interpretation of Section
486.161(2)(b), Florida Statutes, regarding specific activities
that could be performed during a conference and remain within
the scope of the statutory exemption to requirements for
licensure as a Physical Therapist in Florida. The Board’s Order,
Volume 40, Number 244, December 18, 2014
filed on March 5, 2014, declines to issue a Declaratory
Statement. The Board determined that Petitioner has failed to
provide sufficient facts regarding the activities to be performed
such that the Board can make a fully informed decision. The
cited statute, Section 486.161, Florida Statutes, may not be
applicable, but rather Section 486.021(11), Florida Statutes
may be more applicable to Petitioner’s circumstances, as the
Board understands them from the limited facts presented.
A copy of the Order Declining of the Petition for Declaratory
Statement may be obtained by contacting: Allen Hall,
Executive Director, Board of Physical Therapy Practice, 4052
Bald Cypress Way, Bin #C05, Tallahassee, Florida 323993255, (850)245-4373.
DEPARTMENT OF FINANCIAL SERVICES
NOTICE IS HEREBY GIVEN that the Department of Financial
Services (the “Department”) has issued an Order disposing of
the Petition for Declaratory Statement (the “Petition”) filed by
Anthony C. Apfelbeck, Fire Marshal/Building Official, City of
Altamonte Springs (the “Petitioner”) on September 22, 2014.
The following is a summary of the Department’s disposition of
the Petition:
The Notice of Petition for Declaratory Statement was published
October 10, 2014, in Vol. 40, No. 198 of the Florida
Administrative Register.
The Petition seeks the Department’s interpretation of
subparagraph 69A-39.009(1)(b)1, Florida Administrative
Code, as applied to certified Firesafety Inspectors who must
comply with recertification requirements. It further seeks to
clarify which courses and course content criteria qualify as
meeting the requirements of “education or training related to
the application of the Florida Fire Prevention Code” and the
submission method to the State Fire Marshal Office for an
instructor to ensure that a course meets the rule requirements.
The Petition was answered: Courses, workshops, or seminars
that require research, interpretation and application of the FFPC
including NFPA 1 and NFPA 101 with Florida specific
amendments are within the recertification requirements.
Submission methods for course approval include, registering
the course in the electronic database, obtaining specific
approval for courses that fulfill the requirements and indicating
the specific hours applicable to the research, interpretation and
application of the FFPC.
A copy of the Final Order Petition for Declaratory Statement
may be obtained by contacting: Melissa E. Dembicer, Assistant
General Counsel, Department of Financial Services, 200 E.
Gaines Street, Tallahassee, Florida 32399-0333 or by email:
[email protected]
5473
Florida Administrative Register
Section VIII
Notice of Petitions and Dispositions
Regarding the Validity of Rules
Notice of Petition for Administrative Determination has been
filled with the Division of Administrative Hearings on the
following rules:
NONE
Notice of Disposition of Petition for Administrative
Determination has been filled with the Division of
Administrative Hearings on the following rules:
NONE
Section IX
Notice of Petitions and Dispositions
Regarding Non-rule Policy Challenges
NONE
Section X
Announcements and Objection Reports of
the Joint Adminstrative Procedures
Committee
NONE
Section XI
Notices Regarding Bids, Proposals and
Purchasing
NONE
Section XII
Miscellaneous
DEPARTMENT OF HEALTH
Board of Massage Therapy
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Restriction of License with regard to the license
of Jing Cai, L.M.T., License #: MA 73446. This Emergency
Restriction Order was predicated upon the State Surgeon
General’s findings of an immediate and serious danger to the
public health, safety and welfare pursuant to Sections
456.073(8) and 120.60(6), Florida Statutes (2013-2014). The
5474
Volume 40, Number 244, December 18, 2014
State Surgeon General determined that this summary procedure
was fair under the circumstances, in that there was no other
method available to adequately protect the public.
DEPARTMENT OF HEALTH
Board of Massage Therapy
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Restriction of License with regard to the license
of Yan Hong Liu, L.M.T., License #: MA 66299. This
Emergency Restriction Order was predicated upon the State
Surgeon General’s findings of an immediate and serious danger
to the public health, safety and welfare pursuant to Sections
456.073(8) and 120.60(6), Florida Statutes (2013-2014). The
State Surgeon General determined that this summary procedure
was fair under the circumstances, in that there was no other
method available to adequately protect the public.
DEPARTMENT OF HEALTH
Board of Massage Therapy
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Restriction of License with regard to the license
of Queen Spa, Inc., License #: MM 32546. This Emergency
Restriction Order was predicated upon the State Surgeon
General’s findings of an immediate and serious danger to the
public health, safety and welfare pursuant to Sections
456.073(8) and 120.60(6), Florida Statutes (2013-2014). The
State Surgeon General determined that this summary procedure
was fair under the circumstances, in that there was no other
method available to adequately protect the public.
DEPARTMENT OF HEALTH
Board of Nursing
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Restriction of License with regard to the license
of Jared Duane Slay, R.N., License #: 9238696. This
Emergency Restriction Order was predicated upon the State
Surgeon General’s findings of an immediate and serious danger
to the public health, safety and welfare pursuant to Sections
456.073(8) and 120.60(6), Florida Statutes (2013-2014). The
State Surgeon General determined that this summary procedure
was fair under the circumstances, in that there was no other
method available to adequately protect the public.
DEPARTMENT OF HEALTH
Board of Nursing
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Restriction of License with regard to the license
of Erich George Englmann, R.N., License #: RN 9324506. This
Florida Administrative Register
Emergency Restriction Order was predicated upon the State
Surgeon General’s findings of an immediate and serious danger
to the public health, safety and welfare pursuant to Sections
456.073(8) and 120.60(6), Florida Statutes (2013-2014). The
State Surgeon General determined that this summary procedure
was fair under the circumstances, in that there was no other
method available to adequately protect the public.
DEPARTMENT OF HEALTH
Board of Nursing
Notice of Emergency Action
On December 16, 2014, the State Surgeon General issued an
Order of Emergency Restriction of Certification with regard to
the certificate of Heather L. Ferguson, C.N.A., Certification #:
CNA 284997. This Emergency Restriction Order was
predicated upon the State Surgeon General’s findings of an
immediate and serious danger to the public health, safety and
welfare pursuant to Sections 456.073(8) and 120.60(6), Florida
Statutes (2013-2014). The State Surgeon General determined
that this summary procedure was fair under the circumstances,
in that there was no other method available to adequately
protect the public.
DEPARTMENT OF HEALTH
Board of Pharmacy
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Suspension of Registration with regard to the
Volume 40, Number 244, December 18, 2014
registration of Wendy Rosario, R.P.T., Registration #: RPT
19845. This Emergency Suspension Order was predicated upon
the State Surgeon General’s findings of an immediate and
serious danger to the public health, safety and welfare pursuant
to Sections 456.073(8) and 120.60(6), Florida Statutes (20132014). The State Surgeon General determined that this
summary procedure was fair under the circumstances, in that
there was no other method available to adequately protect the
public.
DEPARTMENT OF HEALTH
Board of Pharmacy
Notice of Emergency Action
On December 16, 2014, State Surgeon General issued an Order
of Emergency Suspension of License with regard to the license
of Treshena L. Dixon, R.Ph., C.Ph., License #: PS 3057, PU
6018. This Emergency Suspension Order was predicated upon
the State Surgeon General’s findings of an immediate and
serious danger to the public health, safety and welfare pursuant
to subsections 456.073(8) and 120.60(6), Florida Statutes
(2013-2014). The State Surgeon General determined that this
summary procedure was fair under the circumstances, in that
there was no other method available to adequately protect the
public.
Section XIII
Index to Rules Filed During Preceeding
Week
NOTE: The above section will be published on Tuesday
beginning October 2, 2012, unless Monday is a holiday, then it
will be published on Wednesday of that week.
__________________________________________________
5475
×

Report this document