Section I Notices of Development of Proposed Rules and Negotiated

Transcription

Florida Administrative Weekly
Volume 33, Number 49, December 7, 2007
Section I
Notices of Development of Proposed Rules
and Negotiated Rulemaking
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Division of Aquaculture
RULE NO.:
RULE TITLE:
5L-1.003
Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: This amendment proposes to
reclassify the Body B shellfish harvesting area. A sanitary
survey has been conducted that evaluated current information
on pollution sources and bacteriological water quality, and
recommends reclassification of the Body B shellfish harvesting
area.
SUBJECT AREA TO BE ADDRESSED: The proposed
reclassification and management of the Body B shellfish
harvesting area for shellfish harvesting is in accordance with
5L-1.003 to protect the health of shellfish consumers and to
provide access to renewable shellfish resources.
SPECIFIC AUTHORITY: 597.020 FS.
LAW IMPLEMENTED: 597.020 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD
AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 7, 2008, 4:00 p.m. – 6:00 p.m.
PLACE: Titusville City Public Library, 2121 South Hopkins
Ave, Room #2, Titusville, Florida 32780
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 days before the workshop/meeting by
contacting: Chris Brooks, Division of Aquaculture, 1203
Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida
32301, phone: (850)488-4033. 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: Chris
Brooks, Division of Aquaculture, 1203 Governor’s Square
Boulevard, 5th Floor, Tallahassee, Florida 32301, Phone:
(850)488-4033
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.:
RULE TITLE:
6A-1.09401
Student Performance Standards
PURPOSE AND EFFECT: The purpose of the rule
development workshops is to provide an opportunity for the
public (including educators, administrators, students and
parents) to provide input on the revisions to the K-12 Science
Sunshine State Standards. The workshop will give an
opportunity for DOE personnel and members of the standards
writing team to explain and describe the revision process as
well as allow for questions from the audience on the revised
Science standards. The effect of the meeting will be a better
informed public on how the science standards revision process
was conducted as well as answering questions attendees may
have regarding the revised mathematics standards.
SUBJECT AREA TO BE ADDRESSED: Revised Sunshine
State Standards – Science.
DATES AND TIMES: January 3, 2008, 5:30 p.m. – 7:00 p.m.
January 8, 2008, 5:30 p.m. – 7:00 p.m.
PLACE: January 3, 2008 – The Schultz Center for Teaching
and Leadership, 4019 Boulevard Center Drive, Jacksonville,
FL 32207; (904)348-5757
January 8, 2008 – Everglades High School, 17100 S. W. 48
CT., Miramar, FL 33025; (754)323-0500
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Todd
Clark, Deputy Director, Florida’s Office of Mathematics and
Science, Department of Education, 325 West Gaines Street,
Room 501, (850)245-0764, todd.clark@fldoe.org
RULE NO.:
RULE TITLE:
6A-1.094221
Alternative Standardized Reading
Assessment and Use of Student
Portfolio for Good Cause
Promotion
PURPOSE AND EFFECT: The purpose of this rule revision is
to provide guidance relating to the statewide public school
student progression law eliminating social promotion, by
including the Stanford Achievement Test (SAT)-10 as an
alternative assessment for students scoring at Level 1 on the
grade three Florida Comprehensive Assessment Test (FCAT).
Since the original rule development, the FCAT Norm
Referenced Test (NRT) has changed from SAT-9 to SAT-10.
The effect of this rule revision will be that students who score
Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 5689
at Level 1 on the grade three FCAT Reading may be promoted
to grade four if an acceptable level of performance is
demonstrated on the alternative assessment, SAT-9 or SAT 10.
SUBJECT AREA TO BE ADDRESSED: Reading and
Assessment.
SPECIFIC AUTHORITY: 1008.25(8)(b) FS.
LAW IMPLEMENTED: 1008.25(6)(b)3. 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
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Evan
Lefsky, Executive Director, Just Read, Florida!, 325 West
Gaines Street, Tallahassee, Florida; (850)245-9529
RULE NO.:
RULE TITLE:
6A-20.0331
Florida Public Postsecondary Career
Education Student Assistance Grant
PURPOSE AND EFFECT: The purpose of this rule is to
implement the Florida Postsecondary Career Education
Student Assistance Grant. The effect will be to ensure that
clear eligibility requirements are stated as well as provisions
relating to the award of the grant and institutional
responsibilities for reporting.
SUBJECT AREA TO BE ADDRESSED: Student Financial
Assistance through the Florida Public Career Education Grant.
SPECIFIC AUTHORITY: 1009.21, 1009.40, 1009.42,
1009.505 FS.
LAW IMPLEMENTED: 1009.21, 1009.40, 1009.42,
1009.505 FS.
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lynn
Abbott, Agency Clerk, Department of Education, 325 West
Gaines Street, Room 1514, Tallahassee, Florida 32399-0400
DEVELOPMENT IS NOT AVAILABLE.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND
Notices for the Board of Trustees of the Internal Improvement
Trust Fund between December 28, 2001 and June 30, 2006, go
to http://www.dep.state.fl.us/ under the link or button titled
“Official Notices.”
DEPARTMENT OF CORRECTIONS
RULE NO.:
RULE TITLE:
33-102.101
Public Information and Inspection of
Records
PURPOSE AND EFFECT: The purpose and effect of the
proposed rule is to amend form DC1-201, Invoice for
Production of Records for clarity regarding redaction of
confidential and/or exempt material.
SUBJECT AREA TO BE ADDRESSED: Public information
and inspection of records.
LAW IMPLEMENTED: 119.07, 120.53 FS.
WEEKLY.
THE PRELIMINARY DRAFT IS: Jamie Leigh Jordan, 2601
Blair Stone Road, Tallahassee, Florida 32399-2500
DEVELOPMENT IS:
33-102.101 Public Information and Inspection of Records.
(1) through (4) No change.
(5) When copies requested pursuant to this rule are
available to be picked up or for mailing, the requestor shall be
notified of the costs of reproduction as specified in subsections
(2) and (3) on an Invoice for Production of Records, Form
DC1-201. Form DC1-201 shall also indicate if any information
is redacted from the copies provided as required by state law.
Form DC1-201 is hereby incorporated by reference. Copies of
this form are available from the Forms Control Administrator,
Office of Research, Planning and Support Services, 2601 Blair
Stone Road, Tallahassee, Florida 32399-2500. The effective
date of Form DC1-201 is ___________ 12-5-05.
Specific Authority 944.09 FS. Law Implemented 119.07, 120.53 FS.
History–New 10-8-76, Amended 2-24-81, Formerly 33-1.04,
Amended 6-9-86, 2-9-88, Formerly 33-1.004, Amended 10-29-01,
12-5-05,_________.
5690 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking
WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO.:
RULE TITLE:
40D-1.603
Permit Application Procedures
PURPOSE AND EFFECT: The purpose of this rule
amendment is to clarify that in order to be considered as timely,
an application to renew a permit must be received by the
District not later than the expiration date of the permit to be
renewed. The effect will be to clarify when permit renewal
applications must be received in order to avoid having a permit
expire.
SUBJECT AREA TO BE ADDRESSED: District Permitting
Procedures.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.116, 373.118, 373.229, 373.413,
120.60(4) FS.
WEEKLY.
THE PRELIMINARY DRAFT IS: Martha A. Moore, Senior
Attorney, Office of General Counsel, 2379 Broad Street,
Brooksville, FL 34604-6899, (352)796-7211, extension 4651
DEVELOPMENT IS:
40D-1.603 Permit Application Procedures.
(1) No change.
(2) No later than 30 days after receipt of an initial
application or modification of an application for renewal or
modification of an individual surface water management
permit, an individual Environmental Resource Permit or an
individual water use permit application for withdrawals of
500,000 gpd annual average daily or greater pursuant to
Chapter 40D-2, F.A.C., the District shall publish notice thereof
in a newspaper having general circulation as defined in
Chapter 50, F.S. Upon receipt of an application for an initial or
renewal or modification of a general Environmental Resource
Permit pursuant to Chapter 40D-40, F.A.C., a general surface
water management permit pursuant to Chapter 40D-40, F.A.C.,
(January 11, 1993) or a noticed general surface water
management permit pursuant to Chapter 40D-400, F.A.C., or
for a general water use permit for less than 500,000 gpd annual
average daily pursuant to Chapter 40D-2, F.A.C., the District
shall post notice thereof in the District’s headquarters and in
each of the District’s service offices. In the event that after
posting of notice an application for a general permit is
modified such that it is an application for an individual permit,
notice of the application shall be published in a newspaper as
provided above. In addition, the District shall provide a letter
giving notice of receipt of the application to any person who
has filed a written request within the immediately preceding
six months for notification of any pending applications
affecting the particular designated area. Each notice and letter
shall state that interested persons shall have the opportunity to
inspect a copy of the application and submit written comments
concerning the application. The District may request persons
submitting objections or comments to furnish additional
information. In addition, each notice and letter will advise that
if notice of agency action or opportunity to request an
administrative hearing pursuant to Chapter 120, F.S., regarding
a permit application is desired, a written request referencing
the permit application number must be filed with and received
by the Processing and Records Section by the date specified in
the letter, newspaper notice or the posted notice as applicable
pursuant to this subsection. The date specified in such notice or
letter to obtain notice of agency action or to request a hearing
shall be no less than that 14 days from the date of mailing,
publication or posting as applicable. Upon request, the District
will provide the applicant with a copy of all objections and
comments received.
(8) Holders of renewable licenses or permits shall make
timely and sufficient application for renewal so as to avoid
expiration during the renewal process. Application for a license
or permit renewal is timely only if actually received at the
District prior to expiration of the existing license or permit.
Mailing the application does not constitute receipt by the
District. When timely and sufficient application for renewal is
made, the existing license or permit shall not expire until the
application for renewal has been finally acted upon by the
District, or if the license or permit is denied or the terms of the
license or permit are limited, until the last day for seeking
review of the District action or a later date fixed by order of the
reviewing court.
Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented
373.116, 373.118, 373.229, 373.413, 120.60(4) F.S. History–New
10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97,
7-2-98, 7-22-99, 11-8-00, 9-26-02,_________.
RULE NO.:
RULE TITLE:
40D-1.659
Forms and Instructions
amendment is to incorporate by reference an Electronic
Transaction Agreement form approved by the District
Governing Board. The effect will be to establish the standard
procedures to be used by persons who wish to communicate
electronically with the District.
SUBJECT AREA TO BE ADDRESSED: Agency Forms.
373.171, 373.337 FS.
LAW IMPLEMENTED: 373.116, 373.206, 373.207, 373.209,
373.216, 373.219, 373.229, 373.239, 373.306, 373.308,
373.309, 373.313, 373.323, 373.324, 373.413, 373.414,
373.416, 373.419, 373.421 FS.
WEEKLY.
DEVELOPMENT IS:
40D-1.659 Forms and Instructions.
The following forms and instructions have been approved by
the Governing Board and are incorporated by reference into
this chapter. Copies of these forms may be obtained from the
District.
GROUNDWATER
SURFACE WATER
OTHER
(1) ELECTRONIC TRANSACTION AGREEMENT,
FORM LEG-R .014.00 (11-07).
Specific Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS.
Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216,
373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313,
373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421 FS.
History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40,
40D-1.901, 40D-1.1.901, Amended 12-22-94, 5-10-95, 10-19-95,
5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00,
9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03,
9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07,
.
11-11-07, 11-25-07,
RULE NO.:
RULE TITLE:
40D-2.091
Publications Incorporated by
Reference
amendment is to incorporate by reference a revised Water Use
Permit Information Manual, Part B, “Basis of Review” (BOR).
The effect will be to delete former BOR subsection 1.14 Permit
Compliance, which describes an outdated permit compliance
process.
SUBJECT AREA TO BE ADDRESSED: Water Use
Permitting.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171
FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042,
373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149,
373.171, 373.1963, 373.216, 373.219, 373.223, 373.229,
373.239, 373.243 FS.
WEEKLY.
DEVELOPMENT IS:
40D-2.091 Publications Incorporated by Reference.
The following publications are hereby incorporated by
reference into this Chapter, and are available from the District
upon request:
(1) Water Use Permit Information Manual Part B, "Basis
of Review (
)(10/07) and Part D, "Requirements for the
Estimation of Permanent and Temporal Service Area
Populations in the Southern Water Use Caution Area (1/07);
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law
Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831,
373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216,
373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New
10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94,
7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02,
9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07,
.
10-22-07, 11-25-07,
Water Use Permit Information Manual
Part B, Basis of Review
1.14 PERMIT COMPLIANCE
Pumpage in excess of the amount permitted is a violation of the
permit. The District generally addresses
this violation according to the following procedures.
If over-pumpage is reported, District staff will issue a Notice of
Noncompliance and request that the Permittee provide a
written response, which includes an explanation of the
over-pumpage, within 30 days of issuance of the Notice of
Noncompliance, which will be placed in the permit file. If the
Permittee timely responds to the Notice of Noncompliance and
demonstrates that the recurrence of over-pumpage is due to a
calculation or reporting error or a one-time occurrence (such as
a pipeline break) and is unlikely to reoccur and no adverse
impacts have occurred, the overpumpage will be excused and
no enforcement action will be taken. If overpumpage is not due
to a calculation or reporting error or other one-time occurrence
and is ongoing, the Permittee must include in its written
response a description of actions being taken to bring water
withdrawals into compliance. Compliance could involve,
among other things, reducing pumpage, mitigating any adverse
impacts caused by overpumping or obtaining, if permittable, a
modification of the permit for an increased withdrawal
quantity. If the Permittee does not adequately address the
overpumpage and bring pumpage into compliance in a timely
manner, further enforcement action will be taken by the
District. Enforcement action includes but is not limited to the
assessment of monetary penalties and recovery of District
enforcement-related costs. Once corrected, if unexcused
overpumpage occurs again during the permit duration, the
District will proceed directly to enforcement action. If the
District determines that the Permittee is likely to need an
increase in the quantity permitted, the Permittee must submit
an application for modification of the permit. If the Permittee
continues to exceed the quantities permitted without obtaining
a modification, the District may then take appropriate
enforcement action. If the permit is due for renewal within 1
year of the violation, and no adverse impacts are expected as a
result of the over-pumpage, the modification may be addressed
at renewal.
Agricultural water use quantities are determined using the
District’s irrigation agricultural water use permitting model.
The permitted quantities derived from this model are based on
various climatic scenarios a 2-in-10 year drought occurrence. It
is therefore anticipated that, because of varying climatic
conditions and other factors, an agricultural permittee's water
use may vary both below, and occasionally above, the
permitted quantity. These factors will be taken into
consideration when comparing actual use with permitted
quantities.
The District will also issue Notices of Noncompliance and
undertake comparable compliance or enforcement action for
other permit condition violations, such as nonsubmittal of
pumpage meter readings, monitoring and other required
reports; and failure to mitigate adverse impacts resulting from
water use.
RULE NOS.:
RULE TITLES:
40D-2.091
Reference
40D-2.361
Renewal of Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is
to clarify when renewal applications must be submitted in
order to avoid having a permit expire and to incorporate a
revised Water Use Permitting Manual Part B, Basis of Review
(BOR). The effect of the amendments will be to make Rule
40D-2.361(1), F.A.C., consistent with Rule 40D-1.603, F.A.C.,
which is also being amended to clarify that in order to be
considered as timely, an application to renew a permit must be
received by the District not later than the expiration date of the
permit to be renewed. Amendments are made to Section 1.11
of the BOR to reference Rule 40D-1.603(8), F.A.C., correct
typographical errors, and conform the language to subsection
120.60(4), F.S.
Permitting.
373.118, 373.149, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042,
373.0421, 373.0831, 373.103, 373.116, 373.117, 373.118,
373.149, 373.171, 373.1963, 373.216, 373.219, 373.223,
373.229, 373.239, 373.243 FS.
WEEKLY.
DEVELOPMENT IS:
upon request:
of Review (
) (10/07) and Part D, "Requirements for the
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law
Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831,
373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216,
373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New
10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94,
7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02,
9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07,
.
10-22-07, 11-25-07,
40D-2.361 Renewal of Permits.
(1) Applications for renewal of permits shall be made no
earlier than 1 year and should be made no later than that 90
days prior to the expiration date of the permit. Application for
a permit renewal is timely only if actually received at the
District prior to expiration of the existing permit. Mailing the
application does not constitute receipt by the District.
(2)(a) Subsection (1) above shall be applicable to those
permits which are not extended pursuant to subsection
40D-2.321(6)(5), F.A.C., based on the expiration date on the
face of the permit.
(b) Subsection (1) above shall be applicable to those
permits which are extended pursuant to subsection
40D-2.321(6)(5), F.A.C., based on the revised expiration date
assigned to the permit.
Specific Authority 373.044, 373.103, 373.113, 373.118, 373.149,
373.171, 373.216, 373.249 FS. Law Implemented 373.103, 373.239
FS. History–Readopted 10-5-74, Formerly 16J-2.14(2), Amended
9-1-84, 10-1-89, 7-2-98, 7-28-98,________.
WATER USE PERMIT INFORMATION MANUAL PART B,
BASIS OF REVIEW
1.0 PERMITTING PROCEDURES
1.11 RENEWAL OF PERMITS
1. Applications for permit renewal may be made at any
time within 1 year prior to permit expiration, except as
provided in Basis of Review Section 1.12. Permittees are
encouraged to apply for renewal at least 90 days prior to the
expiration date. Permits for which renewal applications have
been timely submitted consistent with the provisions of
subsection 40D-1.603(8), F.A.C., and that are under evaluation
by the District shall remain in force past the expiration date
until final action is taken by the District, or if the permit is
denied or the terms of the permit limited, until the last day for
seeking review of the District action or a later date fixed by
order of the reviewing court.
2. Subsection 1. above shall be applicable to those permits
which are not extended pursuant to Rule 40D-2.321(6)(5),
F.A.C., and Section 1.9 above, based on the expiration date on
the face of the permit.
3. Subsection 1. above shall be applicable to those permits
which are extended pursuant to Rule 40D-2.321(6)(5), F.A.C.,
and Section 1.9 above, based on the revised expiration date
assigned to the permit.
Amended 1-1-07, Revised 8-23-07,______.
RULE NOS.:
RULE TITLES:
40D-2.091
Reference
40D-2.801
Water-Use Caution Areas
PURPOSE AND EFFECT: The purpose of these rule
amendments is to correct the legal description of the Northern
Tampa Bay Water Use Caution Area (NTBWUCA) appearing
in Rule 40D-2.801(3), F.A.C., and incorporate by reference a
revised Water Use Permit Information Manual Part B, Basis of
Review (BOR). Section 7.3 of the BOR is revised to delete an
unnecessary sentence in the lead paragraph describing the
NTBWUCA. The effect will be to correctly include that
portion of Section 24, Township 29, Range 19 north of State
Road 60 within the legal description of the NTBWUCA, and
eliminate a potentially unclear sentence.
Permitting.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171
FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042,
373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149,
373.171, 373.1963, 373.216, 373.219, 373.223, 373.229,
373.239, 373.243 FS.
WEEKLY.
DEVELOPMENT IS:
upon request:
of Review (
)(10/07) and Part D, "Requirements for the
Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law
Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831,
373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216,
373.219, 373.223, 373.229, 373.239, 373.243, F.S. History–New
10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94,
7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02,
9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07,
10-22-07, 11-25-07,________.
40D-2.801 Water-Use Caution Areas.
(3) The regions described in this Rule have been declared
Water Use Caution Areas by the District Governing Board.
The Rule reaffirms the declaration of Water Use Caution Areas
and creates conditions applied to water users in those areas.
(a) Northern Tampa Bay Water Use Caution Area. To
address ground water withdrawals that have resulted in
lowering of lake levels, destruction or deterioration of
wetlands, reduction in streamflow, and salt water intrusion, the
Governing Board declared portions of northern Hillsborough
County, southwestern Pasco County, and all of Pinellas County
a Water Use Caution Area on June 28, 1989, pursuant to
Resolution Number 934. The Governing Board approved
expansion of the boundaries of the Water Use Caution Area in
June 2007.
1. The boundary for the Northern Tampa Bay Water Use
Caution Area is as follows:
All of Pinellas County;
All of Pasco County;
That portion of Hillsborough County within the following
sections (all Townships are South; all Ranges are East):
Township 27, Range 17: All Sections;
Township 29, Range 22: All Sections North of State Road
60;
60;
60:
Township 29, Range 19: Section 24 North of State Road
60 and aAll remaining Sections except 22, 23, 25, 26, 27 and
34 through-36.
2. through 3. No change.
(b) No change.
373.0395, 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223,
FS. History–Readopted 10-5-74, Formerly 16J-3.30, Amended
10-1-89,
11-15-90,
3-1-91,
7-29-93,
1-1-03,
1-1-07,
10-1-07,________.
WATER USE PERMIT INFORMATION MANUAL, PART B
BASIS OF REVIEW
7.0 WATER USE CAUTION AREAS
7.3 NORTHERN TAMPA BAY WATER USE CAUTION
AREA
The Governing Board originally declared portions of
Hillsborough and Pasco Counties, and all of Pinellas County a
Water Use Caution Area (WUCA) on June 28, 1989. The
Governing Board approved expansion of the boundaries of the
Water Use Caution Area in June 2007. The area designated is
shown in Figure 7.3-1; the legal description is provided in
paragraph 40D-2.801(3)(a), F.A.C. As of the effective date of
this rule, all existing water use permits within the Water Use
Caution Area are modified to incorporate the applicable
measures and conditions described below. Valid permits,
legally in effect as of the effective date of this rule, are
hereafter referred to as existing permits. Existing permits
within those portions of the Water use Caution Area added in
2007 shall have until July 1, 2008 to comply with the
provisions of this rule. Applicable permit conditions, as
specified below, are incorporated into all existing water use
permits in the Water Use Caution Area and shall be placed on
new permits issued for withdrawals located within the Area.
However, both the language and the application of any permit
conditions listed may be modified when appropriate.
These portions of the Basis of Review for the Northern Tampa
Bay Water Use Caution Area are intended to supplement the
other provisions of the Basis of Review and are not intended to
supersede or replace them. If there is a conflict between
requirements, the more stringent provision shall prevail.
South Florida Water Management District
RULE NO.:
RULE TITLE:
40E-2.091
Reference
PURPOSE AND EFFECT: To amend the rules to provide
clarity and certainty regarding water allocation for the Lake
Okeechobee Service Area. Specifically, the District proposes
to establish use classifications for water supply and to clarify
the public interest test for this service area.
SUBJECT AREA TO BE ADDRESSED: Use classifications
and the public interest test.
LAW IMPLEMENTED: 373.042, 373.0421, 373.219,
373.223, 373.224, 373.229, 373.232, 373.233, 373.236,
373.239 FS.
DATE AND TIME: December 17, 2007, 1:00 p.m.
PLACE: Palm Beach County Cooperative Extension Service
Exhibit Hall B (near Mounts Botanical Garden), 559 N.
Military Trail, West Palm Beach, FL 33415-1311
agency at least 5 days before the workshop/meeting by
contacting: South Florida Water Management District Clerk,
1(800)432-2045, ext. 2087 or (561)682-2087. 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 PRELIMINARY DRAFT, IF AVAILABLE, IS: Keith
Smith, Deputy Department Director, Water Supply
Department, South Florida Water Management District, P. O.
Box 24680, West Palm Beach, FL 33416-4680,
1(800)432-2045, ext. 6620 or (561)682-6620, email:
ksmith@sfwmd.gov. For procedural questions, contact Jan
Sluth, Paralegal, South Florida Water Management District,
P. O. Box 24680, West Palm Beach, FL 33416-4680,
1(800)432-2045, ext. 6299 or (561)682-6299, email:
jsluth@sfwmd.gov
South Florida Water Management District
RULE NO.:
RULE TITLE:
40E-20.091
Reference
PURPOSE AND EFFECT: To provide clarity and certainty
regarding water allocation for the Lake Okeechobee Service
Area. Specifically, the District proposes to establish use
classifications for water supply and to clarify the public
interest test for this service area.
SUBJECT AREA TO BE ADDRESSED: Basis of Review for
Water Use Permit Applications within the South Florida Water
Management District – Use classifications and the public
interest test.
LAW IMPLEMENTED: 373.042, 373.0421, 373.219,
373.223, 373.224, 373.229, 373.232, 373.233, 373.236,
373.239 FS.
DATE AND TIME: December 17, 2007, 1:00 p.m.
PLACE: Palm Beach County Cooperative Extension Service
Exhibit Hall B (near Mounts Botanical Garden), 559 N.
Military Trail,West Palm Beach, FL 33415-1311
contacting: South Florida Water Management District Clerk,
1(800)432-2045, ext. 2087 or (561)682-2087. If you are
1(800)955-8770 (Voice).
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Marjorie
Craig, Water Supply Department Director, South Florida Water
Management District, P. O. Box 24680, West Palm Beach, FL
33416-4680, 1(800)432-2045, ext. 2987 or (561)682-2987,
email: craig@sfwmd.gov. For procedural questions, contact
Jan Sluth, Paralegal, South Florida Water Management
District, P. O. Box 24680, West Palm Beach, FL 33416-4680,
1(800)432-2045, ext. 6299 or (561)682-6299, email:
jsluth@sfwmd.gov
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
Board of Professional Engineers
RULE NO.:
RULE TITLE:
61G15-18.011
Definitions
PURPOSE AND EFFECT: Purpose and effect is to add a new
definition for “principal officers of the business organization”
for purposes of Section 471.023 F.S.
SUBJECT AREA TO BE ADDRESSED: Definitions.
SPECIFIC
AUTHORITY:
471.003(2)(f),
471.008,
471.013(1)(a)1., 2. FS.
LAW
IMPLEMENTED:
471.003(2)(f),
471.005(6),
471.013(1)(a)1., 2., 471.025(3), 471.033(1)(j) FS.
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carrie
Flynn, Executive Director, Board of Professional Engineers,
2507 Callaway Road, Suite 200, Tallahassee, Florida 32301
REGULATION
RULE NO.:
RULE TITLE:
61G15-22.015
Compliance with Mandatory Florida
Building Code Training;
Continuing Education
PURPOSE AND EFFECT: Purpose and effect is to add a new
rule governing Compliance with Mandatory Florida Building
Code Training and Continuing Education in this area.
SUBJECT AREA TO BE ADDRESSED: Compliance with
Mandatory Florida Building Code Training and Continuing
Education in this area.
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carrie
Flynn, Executive Director, Board of Professional Engineers,
2507 Callaway Road, Suite 200, Tallahassee, Florida 32301
F.A.C., it is to amend rule title and to add new requirements for
engineering documents; for Rules 61G15-30.005 and
61G15-30.006, F.A.C., it is to amend rule title; for Rules
61G15-30.007 and Rule 61G15-30.009, F.A.C., it is to clarify
existing language.
SUBJECT AREA TO BE ADDRESSED: Energy
Conservation Compliance; Purpose; Definitions Common to
All Engineer’s Responsibility Rules; Engineering Document
Classification; Request for and Review of Delegated
Engineering Documents; Delegated Engineer’s Responsibility;
Prime Professional’s Responsibility; Retention of Engineering
Documents.
SPECIFIC AUTHORITY: 471.008, 471.033(2) FS.
LAW IMPLEMENTED: 471.023, 471.025, 471.030,
471.033(1)(g),(j) FS.
WEEKLY.
THE PRELIMINARY DRAFT IS: Carrie Flynn, Executive
Director, Board of Professional Engineers, 2507 Callaway
Road, Suite 200, Tallahassee, Florida 32301
REGULATION
RULE NOS.:
RULE TITLES:
61G15-30.001
Purpose
61G15-30.002
Definitions Common to All
Engineer’s Responsibility Rules
61G15-30.003
Minimum Requirements for
Engineering Documents
61G15-30.005
Delegation of Engineering
Documents: Obligations of the
Engineer of Record
61G15-30.006
Delegation of Engineering
Documents: Obligations of the
Delegated Engineer of Record
61G15-30.007
Prime Professional’s Responsibility
61G15-30.009
Retention of Engineering Documents
61G15-30.010
Energy Conservation Compliance
PURPOSE AND EFFECT: The purpose and effect for
61G15-30.0004 is to establish a new rule for setting forth
engineer responsibilities in the process of preparing data
relative to energy conservation compliance; for Rule
61G15-30.001, F.A.C., it is to clarify and update existing
language; for Rule 61G15-30.002, F.A.C., it is to add new
categories of engineering definitions; for Rule 61G15-30.003,
61G15-30.001 Purpose.
The Board has adopted these responsibility rules pursuant to
Section 471.033(2), F.S., to safeguard the life, health, property
and welfare of the public by promoting proper conduct in the
practice of engineering and due care and regard for acceptable
engineering principles and standards. The Board considers that
professional engineers may avoid disciplinary actions by
observing the procedures set forth herein. Failure to comply
with these rules may be considered as noncompliance with
subsection 61G15-19.001(4), F.A.C., unless the deviation or
departure therefrom is justified by the specific circumstances
of the project in question and the sound professional judgment
of the engineer. Furthermore, these rules are intended to apply
as general guidelines where no contractual relationship exists
between the parties addressed herein. These rules are not
intended to take precedence over contractual relationships
developed between the parties addressed herein, so long as
those contractual relationships do not violate Chapter 471, F.S.,
or the stated purpose of these responsibility rules or any other
rule promulgated pursuant thereto. These responsibility rules
shall apply to every person holding a certificate of registration
as a professional engineer, every certified engineer intern, and
every holder of a certificate of authorization, as appropriate. A
professional engineer’s practices, education, training,
experience, qualifications, technical competence, conduct, and
DEVELOPMENT IS:
responsibilities in connection with his authorized engineering
practice, services, and creative work are subject to regulation
solely by the Board of professional engineers, and the courts,
and local jurisdictions.
Specific Authority 471.033(2), 471.008 FS. Law Implemented
471.033(1) FS. History–New 1-26-93, Formerly 21H-30.001,
Amended________.
61G15-30.002 Definitions Common to All Engineer’s
Responsibility Rules.
(7) “Engineering Documents Prepared for Public Record”
are those documents filed for public record with the Authority
Having Jurisdiction (AHJ) to determine compliance with
Codes and Standards and to be used for execution of the
project. These documents are required to be signed and sealed.
(8) Shop Drawings: Drawings depicting installation means
and methods, catalog information on standard products,
prepared by a contractor, manufacturers, or professional
engineers for incorporation into the project which are prepared
based on engineering direction contained in Engineering
Documents. Shop drawings do not require the signature, date
and seal of a professional engineer.
(9) Record Documents: Documents that are a compiled
representation of the constructed project. If the engineer is
relying on information provided by others not under the direct
supervision and control of the engineer, then the engineer shall
not be required to sign, date and seal these Documents. If
relying on information by others, as a minimum, the following
shall be included on the Documents:
(a) Statement that the documents are a compiled
representation of the constructed project.
(b) Listing of the sources and basis of information used in
the preparation of the Documents.
(c) Statement that the Documents are believed to be
correct to the best of the engineer's knowledge, and that the
accuracy of the information cannot be guaranteed.
471.033(1), 471.023, 471.025 FS. History–New 1-26-93, Formerly
21H-30.002, Amended ________.
61G15-30.003 Minimum Requirements for Engineering
Documents Engineering Document Classification.
(1) Engineering Documents are prepared in the course of
performing engineering services. When prepared for inclusion
with an application for a general building permit, the
Documents shall meet all Engineer's Responsibility Rules and
be of sufficient clarity to indicate the location, nature and
extent of the work proposed and show in detail that it will
conform to the provisions of the Florida Building Code and
relevant laws, ordinances, rules and regulations, as determined
by the AHJ. The Documents shall include:
(a) Information that provides material specifications
required for the safe operation of the system that is a result of
engineering calculations, knowledge and experience.
(b) List Federal, State, Municipal, and County standards,
codes, ordinances, laws, and rules, with their effective dates,
that the Engineering Documents are intended to conform to.
(c) Information, as determined by the Engineer of Record,
needed for the safe and efficient operation of the system.
(d) List engineering design criteria; reference project
specific studies, reports, and delegated Engineering
Documents.
(e) Identify clearly elements of the design that vary from
the governing standards and depict/identify the alternate
method used to ensure compliance with the stated purpose of
these Responsibility Rules.
(2) Engineers shall legibly indicate their name and
business address, on engineering documents. Engineering
documents which are issued for preliminary or conceptual use,
shall clearly note the intended purpose of such documents.
(3) When elements of the project are shown on an
engineering document only for information or clarification and
the Engineer does not intend to accept responsibility for the
elements, the engineer shall clearly note on the documents the
extent of his responsibility.
(4) Engineering drawings shall be legible and conform to
good drafting practices. They must also comply with Chapter
61G15-23, F.A.C., Seals.
(5) Engineers shall clearly note on any preliminary
engineering documents that such documents are not in final
form, but are being transmitted to the public agency to receive
agency reviews, comments and interpretations. The documents
may subsequently be revised by the engineer to reflect
resolution of issues with the public agency prior to final action
by the agency. Changes, revisions and modifications to a
project may prompt additional document submittal for agency
approval action on the same project.
471.033(1)(g), 471.025(3) FS. History–New 1-26-93, Formerly
21H-30.003, Amended ________.
61G15-30.005 Delegation of Engineering Documents:
Obligations of the Engineer of Record Request for and Review
of Delegated Engineering Documents.
(1) through (2) No change (The existing text on this rule
already has the proper subsection numbers)
471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.005,
Amended________.
61G15-30.006 Delegation of Engineering Documents:
Obligations of the Delegated Engineer of Record Delegated
Engineer’s Responsibility.
471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.006.
61G15-30.007 Prime Professional’s Responsibility.
It is the responsibility of the prime professional engineer,
where one exists, to retain and coordinate the services of such
other professionals as needed to complete the services
contracted for the project.
471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.007,
Amended ________.
61G15-30.009 Retention of Engineering Documents.
At least one copy of all documents displaying the licensee’s
signature, seal, date and all related calculations shall be
retained by the licensee or the licensee’s employer for a
minimum of three years from the date the documents were
sealed. These documents shall be maintained in any readily
accessible format.
Specific Authority 471.008, 471.033(2) FS. Law Implemented
471.033(1)(g), (j) FS. History–New 5-9-04, Amended
________.
61G15-30.010 Energy Conservation Compliance.
The engineer who prepares the compliance calculations, and
certifies the accuracy thereof, shall verify that the building
construction documents conform to compliance calculations.
Data used in calculations shall be under the signature, date and
seal of the responsible design professionals. The Engineer of
Record for energy conservation compliance calculations shall
retain the signed, dated and sealed data as provided for in Rule
61G15-30.009, F.A.C., Retention of Engineering Documents.
471.033(1)(g), (j) FS. History–New__________.
REGULATION
RULE NOS.:
RULE TITLES:
61G15-33.001
General Responsibility
61G15-33.002
Definitions
61G15-33.003
Design of Power Systems
61G15-33.004
Design of Lighting Systems
61G15-33.005
Design of Communications Systems
61G15-33.006
Design of Alarm and Signaling
Systems
61G15-33.007
Design of Lightning Protection
Systems
61G15-33.008
Design of Grounding Systems
61G15-33.010
Certification of Electrical Systems of
Public Interest
PURPOSE AND EFFECT: The purpose and effect for Rule
61G15-33.001, F.A.C., is to clarify existing language and to
add tasks for which an Engineer of Record is responsible; for
Rule 61G15-33.002, F.A.C., it is to clarify and amend existing
definitions, add a new definition for Electrical Delegated
Engineering Documents and delete unnecessary language; for
Rule 61G15-33.003, F.A.C., it is to clarify existing language,
delete unnecessary language and add new requirements with
respect to power systems; for Rule 61G15-33.004, F.A.C., it is
to update existing language and add new requirements with
respect to lighting systems; for Rule 61G15-33.005, F.A.C., it
is to clarify existing language, delete unnecessary language and
add new requirements with respect to electrical engineering
documents for communications systems; for Rule
61G15-33.006, F.A.C., it is to amend rule title, to clarify
existing language, delete unnecessary language and add new
requirements with respect to alarm and signaling systems and
electrical engineering documents for alarm and signaling
systems construction documents; for Rule 61G15-33.007,
F.A.C., it is to clarify and update the existing language and add
new requirements with respect to electrical engineering
documents for lightning protection systems; for Rule
61G15-33.008, F.A.C., it is to clarify and update the existing
language; for Rule 61G15-33.010, F.A.C., it is to establish a
new rule that will govern the certification of electrical systems
of public interest.
SUBJECT AREA TO BE ADDRESSED: General
Responsibility; Definitions; Design of Heating Ventilation and
Air Conditioning Systems; Design of Plumbing Systems.
SPECIFIC AUTHORITY: 471.008, 471.033(2), 553.73
(13-413.1 FBC) FS.
WEEKLY.
THE PRELIMINARY DRAFT IS: Carrie Flynn, Executive
Director, Board of Professional Engineers, 2507 Callaway
Road, Suite 200, Tallahassee, Florida 32301
DEVELOPMENT IS:
61G15-33.001 General Responsibility.
Electrical Engineering documents shall be prepared utilizing in
accordance with applicable technologiesy and shall comply
with the requirements of the authority having jurisdiction. The
documents shall identify the Engineer of record for the
electrical systems project. Electrical Engineering documents
shall demonstrate compliance be prepared in accordance with
the requirements of the applicable codes and standards as
defined herein. The Eengineer ofr Rrecord is responsible for
determining the applicability of appropriate codes and
standards to a given project. In the event the codes and
standards fail to cover or address a specific requirement or
situation, alternative research, test results, engineering data,
and engineering calculations shall be utilized. New technology
may be utilized when said technology has been demonstrated
to provide equivalent or improved performance. Construction
documents shall indicate the nature and character of the
electrical work and shall describe, label and define the required
electrical systems components, processes, equipment and
material and its structural utility support systems. Both the
Eengineer of Rrecord for the electrical system and the
delegated engineer if utilized, shall comply with the
requirements of the general responsibility Rules, Chapter
61G15-30, F.A.C., and with the requirements of the more
specific rules contained herein. The Engineer of Record for
the Electrical System(s) shall provide design requirements in
writing to the delegated engineer if one is used and shall
review the design documents of the delegated engineer for
conformance to his written instructions in accordance with
Rule 61G15-30.005, F.A.C. Any Electrical Delegated
Engineering Documents must be included in the final set of
documents filed for permit.
471.033 FS. History–New 5-19-93, Formerly 21H-33.001,
Amended_________..
61G15-33.002 Definitions.
(1) Engineer of Record for the Electrical Systems. The
Florida Registered pProfessional EEngineer who develops the
electrical system design criteria or performs the analysis and is
responsible for the preparation of the Electrical documents for
the project.
(5) Electrical Engineering Documents. All The electrical
drawings, specifications, reports, calculations, data and other
documents utilized to establish setting forth the overall design
and requirements for the construction, alteration,
modernization, repair, demolition, arrangement, and/or use of
the electrical system, or analysis or recommendations, as
prepared by the Engineer of Record for the Electrical System.
Electrical Engineering Documents shall additionally meet the
requirements of Rule 61G15-30.003, F.A.C., Engineering
Documents.
(6) Electrical Submittals. Submittals, catalog information
on standard products, or drawings prepared solely to serve as a
guide for fabrication and installation and requiring no
engineering input. These submittals do not require the seal of a
Florida registered professional engineer.
(7) Codes and Standards. Those nationally recognized
Codes and Standards adopted directly or by reference in
Florida Building Code (including Florida Energy Efficiency
Code, Chapter 13) and Florida Fire Code. Part II, Chapter 553,
Florida Statutes. Applicable codes and standards also include
those published by the National Fire Protection Association
(NFPA), the Institute of Electrical and Electronic Engineers
(IEEE), the Illuminating Engineering Society of North
America (IESNA), as well as those promulgated by the state
fire marshal and other state and local authorities having
jurisdiction.
(8) Electrical Delegated Engineering Documents.
Electrical Engineering Documents prepared by a delegated
engineer to whom the Engineer of Record for the Electrical
System has delegated responsibility for the design of an
electrical component or system and which are signed, sealed
and dated by the delegated engineer.
Amended_________.
61G15-33.003 Design of Power Systems.
(1) Power systems convey or distribute electrical energy.
Items to be included in the design and analysis of these systems
are: steady state and transient loads, short circuit analysis and
protection (design and analysis), load flow, voltage drop,
harmonics, and protective device coordination.
(2) Electrical Eengineering Ddocuments applicable to
power systems shall at a minimum indicate the following:
(a) Power Distribution System Riser Diagram with short
circuit values.
(b) No change.
(c) Circuit interrupting Protection devices and fault current
interrupting capability.
(d) Location and characteristics of surge protective
devices
(e)(d) Main and distribution switch gear, panels, control
devises and equipment panelboard ocations and sizes.
(f) Voltage drop calculations for the feeders and
customer-owned service conductors are required. Additionally,
the documents shall state the reasons why the two percent limit
for feeders and customer-owned service conductors are not
being met, if applicable.
(g)(e) Circuitry of all outlets, equipment and devices.
(h)(f) Short circuit analysis Load computations.
(g) Load computations.
(i)(h) Electrical legends.
(j)(i) Grounding and bonding.
(k)(j) Instrumentation and control where required.
(l) Record documents applicable to power systems shall, at
a minimum, contain information as required by FBC.
(m) Emergency back-up systems
Specific Authority 471.008, 471.033(2), 553.73 (13-413.1 FBC) FS.
Law Implemented 471.033 FS. History–New 5-19-93, Formerly
21H-33.003, Amended_________.
61G15-33.004 Design of Lighting Systems.
(1) Lighting systems convert electrical energy into light.
Items to be included in the lighting design and analysis are:
Average illuminance, Equivalent spherical illuminance,
Uniformity rations, Visual comfort probability, special purpose
lighting, impact of light intrusion, trespass and safety and the
requirements of the Florida Energy Efficiency Code, Part IX,
Chapter 553, Florida Statutes.
(2) Electrical Eengineering documents for lighting
systems shall, at a minimum, indicate the following:
(a) No change
(b) Emergency Lighting, egress and exit lighting.
(c) Exit Lighting as required.
(d) Lighting cControl and circuiting.
(e) Calculated values needed for lighting systems in
compliance with the Florida Energy Code for Building
Construction.
Amended_________.
61G15-33.005 Design of Communications Systems.
(1) Communications systems are utilized to convey voice
and messages or data. Items to be included in the design
documents or analysis of these systems are: Human factors
engineering, cabling requirements, installation requirements,
performance requirements, backup power requirements, the
interrelationship of the various systems, and applicable
standards and regulatory requirements.
documents
for
(2)
Electrical
Eengineering
communications systems shall, at a minimum, indicate the
following:
(a) System riser diagram for each cabling system.
(b) No change.
(c) Cabling Conductor type and performance data of the
transmission installation requirements.
(d) through (e) No change.
(f) Installation, identification and testing requirements.
(g) Characteristics and locations of surge protective
devices.
Amended_________.
(Substantial rewriting of Rule 61G15-33.006 follows. See
Florida Administrative Code for present text.)
61G15-33.006 Design of Alarm and Signaling Systems.
(1) Alarm and signaling systems include but are not
limited to; motor control systems, emergency alarm circuits,
activation of life safety system controls and remote signaling
of emergency conditions (See Rule 61G15-32.008, F.A.C., for
Fire Alarm Systems), surveillance and access control systems,
temperature control, and systems related to energy
conservation and facility management systems. The design
documents shall be based on applicable NFPA standards as
modified by applicable codes, or alternate engineering sources
including published underwriter’s engineering documents and
sound engineering practices.
(2) The Electrical Engineering Documents for alarm and
signaling systems construction documents shall at a minimum
indicate the following:
(a) Description of the control system functions, or a
functional diagram.
(b) Equipment legend.
(d) System riser diagram.
(c) Cabling and conductor types and requirements.
(e) Installation, identification and testing requirements.
(f) Back-up power.
(g) Location and characteristics of surge protective
devices.
(h) Details and requirements indicated by Rule
61G15-32.008, F.A.C.
(i) Complete requirements for operations and maintenance
procedures, manuals, system documentation, and instruction of
Owner's operating personnel, as needed to operate the systems
as intended over time
Amended_________.
61G15-33.007 Design of Lightning Protection Systems.
(1) Lightning Protection Systems are passive systems used
to protect building and structures from damage caused by
lightning and static discharges. Items to be considered in the
design or analysis of this system include the requirements of
NFPA-780.
(2) Electrical Eengineering documents for lightning
protection systems shall indicate:
(a) Lightning Risk Assessment.
(b)(a) Air terminals height and spacing.
(c) Corrosion protection measures.
(b) through (c) renumbered (d) through (e) No change.
(f) Conductor type and size.
(d) through (e) renumbered (g) through (h) No change.
Amended_________.
61G15-33.008 Design of Grounding Systems.
(1) No change.
(2) Electrical Engineering Design Ddocuments for
grounding systems shall indicate at a minimum the following:
(a) Ttype and location of grounding electrodes.
(b) Bbonding requirements.
(c) Ttesting requirements.
(d) Cconductor material type, size and protection
requirements.
(e) Connections of separate grounding systems, properly
bonded, per code and use requirements.
Amended__________.
61G15-33.010 Certification of Electrical Systems of
Public Interest.
The Engineer of Record shall be required, as required by the
Authority Having Jurisdiction, to demonstrate compliance.
(1) Verifications from Electrical Engineering Documents
warranted by codes and ordinances shall include when
applicable:
(a) Energy efficiency and conservation tabulations,
statements or calculations.
(b) Lighting levels included in the design that show
intrusion, trespass, dark sky, safety or that show/preserve
natural habitat tendencies.
(d) Light/noise/product specifications that indicate
conformance with a community, county, or state standards,
codes or ordinances.
Specific Authority 471.008, 471.033(2) FS. Law Implemented 471.03
FS. History–New_________.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Notices for the Department of Environmental Protection
between December 28, 2001 and June 30, 2006, go to
http://www.dep.state.fl.us/ under the link or button titled
Division of Beaches and Shores
RULE NOS.:
RULE TITLES:
62B-33.002
Definitions
62B-33.0051
Coastal Armoring and Related
Structures
PURPOSE AND EFFECT: Clarification of language and
delete portions of the rule that overlap or conflict with
proposed Rule Chapter 62B-56, F.A.C., and update the rules to
reflect recent legislative changes in Section 161.085, Florida
Statutes.
SUBJECT AREA TO BE ADDRESSED: Definitions and
updates reflecting recent legislative changes that resulted in
repetition of language in other rules.
161.052, 161.053, 161.0535, 161.054, 161.055, 161.061,
161.071, 161.081, 161.085, 373.427 FS.
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Charlotte
Hand, Department of Environmental Protection, Bureau of
Beaches and Coastal Systems, Mail Station #300, 3900
Commonwealth Blvd., Tallahassee, Florida 32399-3000,
(850)488-7816, or by email at charlotte.hand@dep.state.fl.us.
DEPARTMENT OF HEALTH
Board of Clinical Social Work, Marriage and Family
Therapy and Mental Health Counseling
RULE NO.:
RULE TITLE:
64B4-10.003
Psychotherapist-Client Relationship
PURPOSE AND EFFECT: The Board proposes to review the
rule to update language to modify the time frame defining the
length of time for the psychotherapist-client relationship.
SUBJECT
AREA
TO
BE
ADDRESSED:
Psychotherapist-Client Relationship.
SPECIFIC AUTHORITY: 491.004(5), 491.0111 FS.
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Susan
Foster, Executive Director, Board of Clinical Social Work,
Marriage and Family Therapy and Mental Health
Counseling/MQA, 4052 Bald Cypress Way, Bin #C08,
Tallahassee, Florida 32399-3258
Board of Psychology
RULE NO.:
RULE TITLE:
64B19-13.003
Continuing Psychological Education
Credit
PURPOSE AND EFFECT: The Board proposes the rule
amendment to delete continuing education requirements of
those who refer to themselves as a “Qualified Practitioner.”
SUBJECT AREA TO BE ADDRESSED: References to
continuing education requirements for a “Qualified
Practitioner” will be removed from the rule.
SPECIFIC
AUTHORITY:
456.013(7),
490.004(4),
490.0085(4) FS.
LAW IMPLEMENTED: 456.013(7), 490.007(2), 490.0085(1),
(3) FS.
WEEKLY.
THE PRELIMINARY DRAFT IS: Susan Love, Executive
Director, Board of Psychology, 4052 Bald Cypress Way, Bin
C05, Tallahassee, Florida 32399-3253
DEVELOPMENT IS:
64B19-13.003 Continuing Psychological Education
Credit.
(5) As a condition of biennial licensure renewal, each
licensee who holds himself/herself out as a “Qualified
Practitioner,” under the definition of Section 947.005(9), F.S.,
must complete twenty (20) of the forty (40) hours on the
evaluation and treatment of sexual offenders and related legal
and ethical issues, in addition to the requirements above.
(5)(6) No change.
Specific Authority 456.013(7), 490.004(4), 490.0085(4) FS. Law
Implemented 456.013(7), 490.007(2), 490.0085(1), (3) FS. History–
New 1-28-93, Amended 7-14-93, Formerly 21U-13.0042, Amended
6-14-94, Formerly 61F13-13.0042, Amended 2-8-96, 11-18-96,
Formerly 59AA-13.003, Amended 1-10-01, 8-5-01, 5-21-02, 6-3-04,
1-2-06, 12-31-06,________.
Division of Environmental Health
RULE NOS.:
RULE TITLES:
64E-2.006
Neonatal Interfacility Transfers
64E-2.030
Emergency Medical Services Grants
Procedures
PURPOSE AND EFFECT: To reflect in rule the requirement to
have a member trained and authorized in neonatal advanced
life support procedures, referenced by the American Academy
of Pediatrics and the Association of Air Medical Transport
Services, during the transportation of a neonatal patient.
To delete language to accommodate the distribution of grant
information on the EMS website, U.S. Mail, and on the Bureau
of EMS listserve. A majority of the affected EMS services
have requested that grant notifications be provided either on
the EMS website, U.S. mail, or the EMS listserve because they
do not routinely review notices in the Florida Administrative
Weekly. Notification of grant availability using the above
mechanisms will reach more potential applicants than the
means currently listed.
SUBJECT AREA TO BE ADDRESSED: Neonatal
Interfacility Transfers and Emergency Medical Services Grants
Procedures.
401.121, 401.251(6), 401.35 FS.
LAW IMPLEMENTED: 381.001, 383.15, 395.405, 401.111,
401.113, 401.121, 401.24, 401.25, 401.251, 401.252, 401.26,
401.265, 401.27, 401.30, 401.31, 401.35, 401.41, 401.411,
401.414, 401.421 FS.
DEVELOPMENT WORKSHOP WILL BE HELD AT THE
DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 22, 2008, 1:30 p.m. – 4:30 p.m. (if
needed)
Note: This is the day prior to the quarterly EMS Advisory
Council meetings
PLACE: Prime Osborne Convention Center – Room 107, 1000
Water St, Jacksonville, FL 32204-1529
contacting: Alexander Macy, Bureau of Emergency Medical
Services, (850)245-4440, ext. 2735, Alexander_Macy@doh.
state.fl.us, or fax: (850)488-9408. If you are hearing or speech
THE PRELIMINARY DRAFT IS: Lisa Walker, Government
Analyst II, Bureau of Emergency Medical Services, 4052 Bald
Cypress Way Bin C-18, Tallahassee, FL 32399,
Lisa_Walker2@doh.state.fl.us, phone: (850)245-4440 ext.
2733, or fax: (850)488-9408
DEVELOPMENT IS:
64E-2.006 Neonatal Interfacility Transfers.
(1) No change.
(2) Each permitted ambulance or neonate ambulance when
transporting a neonate to a Level II or Level III Neonatal
Intensive Care Unit shall be staffed with a minimum of two
persons. One person shall be a registered neonatal nurse, the
second person shall be either a neonatal registered respiratory
therapist (RT), or a paramedic or a registered neonatal nurse.
The staffing for each neonate transport shall be determined by
the licensee's medical director in conjunction with the
attending physician and the neonatologist. A physician can be
substituted for any team member. There shall be a member of
the team trained and authorized in Neonatal advanced life
support procedures. For Example: Intubation, Chest tube
placement, and Umbilical Line insertion and placement. These
procedures can be referenced by the American Academy of
Pediatrics, Guidelines for air and Ground Transport of
Neonatal and Pediatric Patients; and the Association of Air
Medical Transport Services, Guidelines for Air Medical Crew
Education.
Specific Authority 381.0011, 383.19, 395.405, 401.251(6), 401.35 FS.
Law Implemented 381.001, 383.15, 395.405, 401.24, 401.25,
401.251, 401.252, 401.26, 401.265, 401.27, 401.30, 401.31, 401.35,
401.41, 401.411, 401.414, 401.421 FS. History–New 11-30-93,
Amended 1-26-97. Formerly 10D-66.0525, Amended 8-4-98, 9-3-00,
12-18-06,_________.
64E-2.030 Emergency Medical Services Grants
Procedures.
(1) In order to apply for a matching emergency medical
services grant, applicants shall submit DH Form 1767, June 02,
EMS Matching Grant Application contained in the EMS
Matching Grant Program Application Packet, June 02. This
application packet is incorporated by reference and available
from the department. The application packet contains the
following forms which are also incorporated by reference and
available from the department: DH Form 1767, EMS Matching
Grant Application, June 02, DH Form 1767P, Request for
Grant Fund Distribution, June 02, DH Form 1684A, EMS
Grant Program Expenditure Report, June 02, DH Form 1684C,
EMS Grant Program Change Request, June 02, DH Form
1767G, Matching Grants Evaluation Worksheet, June 02.
(2) The department shall advertise grant availability, at a
minimum, on the Bureau of Emergency Medical Services
website at http://www.fl-ems.com/grants/grants.html the
Florida Administrative Weekly (FAW). The FAW notice shall
establish the deadline for submission of applications.
Following the review by the grant review team and approval by
the State Surgeon General, the department shall publish in the
FAW the date, time, and location of the posting of the grant
awards.
(3) All grant award decisions shall be posted on a date and
time certain at a specific location in Tallahassee, Florida. All
grant award notices shall be published on the Bureau of
Emergency Medical Services website at http://www.fl-ems.
com/grants/grants.html www.doh.state.fl. us/ems, at the date
and time established in the FAW notice as outlined in
subsection (2) above.
Specific Authority 401.121 FS. Law Implemented 401.111, 401.113,
401.121 FS. History–New 6-6-90, Amended 12-10-92, 1-26-97.
Formerly 10D-66.205, Amended 8-4-98, 11-3-02, 6-9-03,_________.
Division of Health Access and Tobacco
RULE NO.:
RULE TITLE:
64I-4.001
Procedures for Investigations for
Florida Clean Indoor Air Act
(FCIAA) Complaints
PURPOSE AND EFFECT: The Program intends through this
rule promulgation will amend the procedures for investigations
for Chapter 386, Part II, Florida Statutes, the Florida Clean
Indoor Air Act.
SUBJECT AREA TO BE ADDRESSED: Chapter 386, Part II,
Florida Statutes, Florida Clean Indoor Air Act.
LAW IMPLEMENTED: 381.0012, 386.206, 386.207 FS.
WEEKLY.
THE PRELIMINARY DRAFT IS: Sonja Bradwell, Program
Specialist, Department of Health, 4052 Bald Cypress Way, Bin
C-23, Tallahassee, Florida 32399-1743, (850)245-4281 or
1(800)337-3742, sonja_bradwell@doh. state.fl.us.
DEVELOPMENT IS:
64I-4.001 Procedures for Investigations for to Be
Followed by Department of Health (DOH) Personnel When
Investigating Florida Clean Indoor Air Act (FCIAA)
Complaints and Notifying Alleged Violators.
(1) During inspections, DOH environmental health
personnel shall document all observed violations of the Florida
Clean Indoor Air Act (FCIAA) according to the requirements
of Chapter 64I-4, F.A.C.
(2) Upon completion of the on-site inspection, DOH
environmental health personnel shall complete the required
sections of the Request for Inspection Form, a copy of which
may be obtained from the Department of Health, Division of
Health Access and Tobacco, 4052 Bald Cypress Way, Bin C23,
Tallahassee, FL 32399-1743, and which is incorporated herein
by reference, reporting that: facts relating to compliance with
the FCIAA.
(a) The enclosed indoor workplace is not in compliance
with the FCIAA and administrative proceedings shall be
initiated, or
(b) There were no violations of the FCIAA found and the
case shall be closed.
(3) The county health department director or administrator
will forward the completed inspection form to the Division of
Health Access and Tobacco, 4052 Bald Cypress Way, Bin C23,
Tallahassee, FL 32399-1743.
(4) Upon receipt of the county health department report,
the Division of Health Access and Tobacco shall: evaluate the
report for further action in accordance with Chapters 120, 381,
and 386, F.S.
(a) Initiate administrative procedures according to the
provisions of Chapter 120, F.S., or
(b) Close the case.
Specific Authority 386.207, 386.2125 FS. Law Implemented
381.0012, 386.206, 386.207 FS. History–New 2-27-94, Amended
4-2-96, Formerly 10D-105.008, 64D-1.001, Amended 11-5-02,
8-16-04, Formerly 64E-25.001, Amended________.
Division of Health Access and Tobacco
RULE NO.:
RULE TITLE:
64I-4.002
On-Site Investigations of Enclosed
Indoor Workplaces
PURPOSE AND EFFECT: The Program intends through this
rule promulgation will amend the procedures for investigations
for Chapter 386, Part II, Florida Statutes, the Florida Clean
Indoor Air Act.
SUBJECT AREA TO BE ADDRESSED: Chapter 386, Part II,
Florida Statutes, Florida Clean Indoor Air Act.
WEEKLY.
THE PRELIMINARY DRAFT IS: Sonja Bradwell, Program
Specialist, Department of Health, 4052 Bald Cypress Way, Bin
C-23, Tallahassee, Florida 32399-1743, (850)245-4281 or
1(800)337-3742, sonja_bradwell@doh.state. fl.us.
DEVELOPMENT IS:
64I-4.002 On-Site Investigations of Enclosed Indoor
Workplaces.
During inspections or investigations of any Florida Clean
Indoor Air Act (FCIAA) complaint, DOH environmental
health personnel shall document all observed violation(s) of
Section 386.206, F.S.
(1) The proprietor or other person in charge of an enclosed
indoor workplace must develop a policy regarding the
prohibition of smoking in an enclosed indoor workplace. Such
policy must include a prohibition of smoking in the enclosed
indoor workplace. Should there be no written policy, a
violation of Section 386.206(1), F.S., exists and will be
documented as: “Failure to develop a policy regarding
smoking prohibition.”
indoor workplace shall implement a policy regarding smoking
prohibition. If persons are observed violating the policy, and
the proprietor or other person in charge witnesses or is made
aware of a violation of Section 386.204, F.S., in the enclosed
indoor workplace but nonetheless fails to implement the policy,
a violation of Section 386.206(1), F.S., exists and shall be
documented as: “Failure to implement a policy regarding
smoking prohibition.”
indoor workplace where a smoking cessation program, medical
research, or scientific research is conducted shall
conspicuously post, or cause to be posted, signs designating
areas where smoking is permitted for such purposes within the
enclosed indoor workplace. If such signs are not posted then a
violation of Section 386.206(3), F.S., exists and will be
documented as: “Failure to post signs designating smoking
permitted areas.”
indoor workplace where, prior to the adoption of s. 20, Art.X
of the State Constitution was required to post signs under
Section 386.206, F.S., shall continue to post signs stating that
smoking is prohibited within the enclosed indoor workplace. If
such signs are not posted then a violation of Section
386.206(2), F.S. exists and will be documented as: “Failure to
post smoking prohibited signs.”
Specific Authority 386.207, 386.2125 FS. Law Implemented 386.206,
386.207 FS. History–New 2-27-94, Amended 2-19-96, 4-2-96,
Formerly 10D-105.009, Formerly 64D-1.002, 64E-25.002, Amended
11-5-02, 8-16-04,________.
DEPARTMENT OF CHILDREN AND FAMILY
SERVICES
Agency for Persons with Disabilities
RULE NO.:
RULE TITLE:
65G-4.002
Service Delivery
PURPOSE AND EFFECT: The purpose of the rule is to
implement a comprehensive assessment process that will be
used to identify support needs for recipients of Home and
Community-Based services, Developmental Disability Waiver
Services, and general revenue funded services from the
Agency for Persons with Disabilities once eligibiity is
established. The rule shall identify appropriate assessment
strategies to identify the types and levels of support a person
with developmental disabilities may require now and in the
near-term future.
The assessment instrument will be applied to measure the skills
and abilities of the person eligible for services and the types
and levels of support a person with developmental disabilities
may need to assist them with life changes while living,
working, fulfilling valued roles, and participating in his/her
community. The assessment will evaluate a full range of
adaptive, behavioral, and physical needs, including sight,
hearing, communication, and ambulation. The rule will also
establish an administration schedule for targeted groups on the
Developmental Disabilities waiver, the Family and Supported
Living Waiver and the Consumer Directed Care Plus program,
and all other persons receiving services from the Agency under
other funding sources, or on the wait list for service.
SUBJECT AREA TO BE ADDRESSED: Assessment
instrument for Home and Community-Based services delivery
system valid assessment instrument to assess clients for the
developmental disabilities waiver, qualificaitons and training
for those administering the instrument, and use of the
instrument.
SPECIFIC AUTHORITY: 393.501 FS. (2007)
LAW IMPLEMENTED: 393.0661 FS. (2007)
DATE AND TIME: December 21, 2007, 9:00 a.m. – 12:00
Noon
PLACE: Agency for Persons with Disabilities, 4030 Esplanade
Way, Conference Room 302, Tallahassee, Florida 32399-0950
contacting: Ms. Terri McGarrity at (850)487-4842. If you are
1(800)955-8770 (Voice).
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Terri
McGarrity, Community Development, Agency for Persons
with Disabilities, (850)487-4842 or terri_mcgarrity@apd.
state.fl.us
SERVICES
Agency for Persons with Disabilities
RULE NO.:
RULE TITLE:
65G-4.002
Service Delivery
implement a four-tiered waiver system to serve clients with
developmental disabilities in the developmental disabilities
and family and supported living waivers. The Waiver Tiers are
defined as follows:
(1) Tier One shall be limited to clients who have service needs
that cannot be met in Tiers Two, Three, or Four for intensive
medical or adaptive needs and that are essential for avoiding
institutionalization or who possess behavioral problems that
are exceptional in intensity, duration, or frequency and present
a substantial risk of harm to themselves or others.
(2) Tier Two shall be limited to clients whose service needs
include a licensed residential facility and greater than 5 hours
per day in residential habilitation services or clients in
supported living who receive greated than 6 hours per day of
in-home support services. Total annual expenditures under Tier
Two may not exceed $55,000 per client each year.
(3) Tier Three shall include, but is not limited to, clients
requiring residential placements, clients in independent or
supported living situations, and clients who live in their family
home. Total annual expenditures under Tier Three may not
exceed $35,000 per client each year.
(4)Tier Four is the family and supported living waiver. Tier
Four shall include but not be limited to clients in independent
or supported living situations and clients who live in their
family home. An increase to the number of services available
to clients in this tier shall not take effect prior to July 1, 2008.
Total annual expenditures under Tier Four may not exceed
$14,792 per client each year.
The rule will also establish the Waiver Tier Models that
provide a basic description of the individuals receiving Waiver
Tier services, the level and type of services for each Waiver
Tier client, and a monetary cap for each Waiver Tier level of
service.
SUBJECT AREA TO BE ADDRESSED: Four Tier Waiver
System for Servicing Clients with Developmental Disabilties.
SPECIFIC AUTHORITY: 393.501 FS. (2007)
LAW IMPLEMENTED: 393.0661 FS. (2007)
DATE AND TIME: December 21, 2007, 1:00 p.m. – 5:00 p.m.
PLACE: Agency for Persons with Disabilities, 4030 Esplanade
Way, Conference Room 301, Tallahassee, Florida 32399-0950
contacting: Linda Mabile at (850)487-4842. 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 PRELIMINARY DRAFT, IF AVAILABLE, IS: Linda
Mabile,
Home
and
Community-Based
Services,
(850)487-4842, or linda_mabile@apd.state.fl.us
FISH AND WILDLIFE CONSERVATION
COMMISSION
Freshwater Fish and Wildlife
RULE NO.:
RULE TITLE:
68A-1.004
Definitions
PURPOSE AND EFFECT: The purpose and effect of this rule
development is to provide definitions for language in rules of
the Fish and Wildlife Conservation Commission, during
calendar year 2008.
SUBJECT AREA TO BE ADDRESSED: Subject areas
covered in the proposed rule include rule language definitions.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
WEEKLY.
THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V.
Antista, General Counsel, Fish and Wildlife Conservation
Commission, 620 South Meridian Street, Tallahassee, Florida
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-4.001
General Prohibitions
68A-4.002
Possession of Gun While Using a
Light Prohibited
68A-4.007
Exclusion of Certain Areas from
Open Season
PURPOSE AND EFFECT: The purposes and effects of this
rule development effort are to establish or revise rule
provisions, during calendar year 2008, associated with general
prohibitions pertaining to wildlife and freshwater fish
resources, possession of a gun while using a light, and
exclusion of certain areas from open season.
covered in the proposed rule include general prohibitions
pertaining to wildlife and freshwater fish, possession of a gun
while using a light, and exclusion of certain areas from open
season.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NO.:
RULE TITLE:
68A-5.005
Quota Hunt Permits and
Special-Opportunity Permits –
Application; Selection; Issuance
PURPOSE AND EFFECT: The purposes and effects of the
proposed rule development are to establish or revise
procedures for application, selection, or issuance of quota hunt
or special-opportunity hunt permits, during the 2008 calendar
year.
covered in the proposed rules include the application, selection
and issuance of Quota Hunt Permits and Special-opportunity
Permits.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-9.004
Permits for Hunting or Other
Recreational Use on Wildlife
Management Areas
68A-9.007
Special-use Permits; Short-term Use
Permits; Fees; Special-Opportunity
Hunting and Fishing
68A-9.008
Permits for Physically Disabled
68A-9.010
Taking Nuisance Wildlife
development effort is to establish or revise rule provisions,
during calendar year 2008, associated with recreational use
permits and related fees on Wildlife Management Areas;
special-use
permits,
short-term
use
permits,
special-opportunity hunting and fishing permits, and any
related fees; permits for the physically disabled; and to clarify
and simplify regulations relating to nuisance wildlife.
covered in the proposed rules include recreational use permits;
special-use
permits,
short-term
use
permits,
special-opportunity hunting and fishing, and related fees;
permits for the physically disabled; and regulations relating to
nuisance wildlife.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution,
372.57 FS.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution,
372.57 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NO.:
RULE TITLE:
68A-11.003
Use of Motorboats on Certain
Waters; Permits
development is to establish or revise rule provisions, during
calendar year 2008, associated with the use of motorboats on
certain waters.
covered in the proposed rules include use of motorboats on
certain waters.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution,
372.021, 375.313 FS.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution,
372.021, 375.313 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-12.002
General Methods of Taking Game;
Prohibitions
68A-12.007
Hunting Dogs; Molesting Game in
Closed Season; Training; Field
Trials; Prohibited for Certain
Hunting
68A-12.009
Taking Destructive Birds and
Mammals
PURPOSE AND EFFECT: The purposes and effects of the
proposed rule development are to establish or revise rule
methods of taking game; the use of dogs for taking game; and
the taking of destructive birds and mammals.
covered in the proposed rule include general methods of taking
game, the use of dogs for taking game, and the taking of
destructive birds and mammals.
WEEKLY.
32399-1600, (850)487-1764
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-13.001
Open Season for Taking Game; Bag
and Possession Limits
68A-13.002
Migratory Birds; Adoption of
Federal Statutes and Regulations
68A-13.003
Hunting Regulations for Ducks,
Geese, and Coots
68A-13.004
Open Season for Taking and Bag
Limits for Non-Migratory Game
and Issuance of Antlerless Deer
Permits
68A-13.006
Hunting on National Wildlife
Refuges
68A-13.007
Hunting Regulations on Public
Small-Game Hunting Areas
68A-13.008
Hunting Regulations for Migratory
Birds Other than Ducks and Coots
development effort is, during calendar year 2008, to (1)
establish open seasons, bag limits and possession limits for
taking game; (2) establish hunting regulations for ducks, geese,
coots, and other migratory birds; (3) provide for adoption of
Federal statutes and regulations pertaining to migratory birds
and hunting on National Wildlife Refuges; (4) establish
hunting regulations for public small-game hunting areas; and
(5) provide for the issuance of antlerless deer permits to private
landowners.
covered in the proposed rules include regulations for taking
game including waterfowl and other migratory birds, issuance
of antlerless deer permits to private landowners, public
small-game hunting area regulations, adoption of Federal
statutes and regulations, and hunting on National Wildlife
Refuges.
WEEKLY.
COMMISSION
RULE NOS.:
RULE TITLES:
68A-14.001
Establishment Orders
68A-14.0011
Opening or Closing Areas Other
Than Restricted Hunting Areas,
Bird Sanctuaries or Critical
Wildlife Areas; General
during calendar year 2008, associated with the establishment of
areas as wildlife management areas, wildlife and
environmental areas, refuges, bird sanctuaries, restricted
hunting areas, critical wildlife areas, fish management areas,
miscellaneous areas, or wild hog areas; and the opening or
closing of areas other than restricted hunting areas, bird
sanctuaries or critical wildlife areas.
covered in the proposed rules include the establishment of
areas as wildlife management areas, wildlife and
environmental areas, refuges, bird sanctuaries, restricted
hunting areas, critical wildlife areas, fish management areas,
miscellaneous areas, or wild hog areas; and the opening or
closing of areas other than restricted hunting areas, bird
sanctuaries or critical wildlife areas.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.;
372.021 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.
RULE TITLES:
68A-15.004
General Regulations Relating to
Wildlife Management Areas
68A-15.005
Quota Permits; Antlerless Deer
Permits; Special-Opportunity
Permits
68A-15.006
Regulations Relating to
Miscellaneous Areas
68A-15.061
Specific Regulations for Wildlife
Management Areas – Southwest
Region
68A-15.062
Management Areas – North Central
Region
68A-15.063
Management Areas – Northwest
Region
68A-15.064
Management Areas – South Region
68A-15.065
Management Areas – Northeast
Region
during calendar year 2008, to (1) establish or revise general
regulations relating to Wildlife Management Areas (WMAs);
(2) establish or adjust hunter quotas for WMAs; (3) establish or
modify specific area regulations for WMAs; and (4) adjust
hunting season dates on WMAs to conform with proposed
2008-2009 hunting season dates for the appropriate hunting
zone.
covered in the proposed rules include general regulations,
quota hunt permits, hunting season dates and specific area
regulations pertaining to WMAs.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution;
375.313 FS.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution;
372.57, 375.313 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-17.004
General Regulations Relating to
Wildlife and Environmental Areas
68A-17.005
Specific Regulations for Wildlife and
Environmental Areas
during calendar year 2008, to (1) establish general regulations
relating to Wildlife and Environmental Areas (WEAs); (2)
establish or modify specific area regulations for WEAs; and (3)
adjust hunting season dates on WEAs to conform with
proposed 2008-2009 hunting season dates for the appropriate
hunting zone.
covered in the proposed rules include hunting season dates,
general regulations and specific area regulations pertaining to
WEAs.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution;
375.313 FS.
372.57, 375.313 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NO.:
RULE TITLE:
68A-18.004
Regulations in Wildlife Refuges
during calendar year 2008, associated with wildlife refuges.
SUBJECT AREA TO BE ADDRESSED: Subject area covered
in the proposed rules include regulations in wildlife refuges.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-20.004
Regulations in Fish Management
Areas
68A-20.005
Specific Fish Management Area
Regulations
proposed rule development is to establish or revise rule
regulations for taking and possessing freshwater fish, which
are applicable to all fish management areas, such as fishing
license requirements, daily bag limits for certain freshwater
fish such as catfish or game fish, possession of certain devices
such as nets, fish traps, trotlines or bush hooks, temporary
closure of fish management areas, or intentional release of fish
and wildlife into any fish management area. Additional rule
development proposals may establish or revise rule provisions
associated with regulations on specific fish management areas
for taking and possessing freshwater fish or other activities
such as swimming, use of firearms, or use of boats or other
vehicles, that will ensure conservation of freshwater fish
populations while providing for realization of their potential
aesthetic, recreational, and economic values.
SUBJECT AREA TO BE ADDRESSED: Requirements for
taking and possessing freshwater fish in fish management
areas.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-21.002
Establishment
68A-21.004
General Regulations Relating to Wild
Hog Areas
during calendar year 2008, associated with establishment and
general regulation of wild hog areas.
covered in the proposed rules include establishment and
general regulation of wild hog areas.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-23.002
General Methods of Taking
Freshwater Fish
68A-23.003
Commercial Fishing Devices;
Provision for Use in Certain Waters
68A-23.005
Bag Limits, Length Limits, Open
Season: Freshwater Fish
68A-23.012
Special Regulations on Lake
Okeechobee
during calendar year 2008, and to provide a forum for the
public to provide input on proposed changes relating to general
methods of taking freshwater fish; commercial fishing devices,
including special regulations for Lake Okeechobee; and bag
limits, length limits, and season dates in order to protect and
ensure conservation of freshwater fish populations.
SUBJECT AREA TO BE ADDRESSED: General methods of
taking freshwater fish; commercial fishing devices, including
commercial fishing on Lake Okeechobee; and bag limits,
length limits, and season dates for freshwater fish.
372.653 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-24.002
Methods of Taking Fur-Bearing
Animals; Possession; Open Season
68A-24.005
Transporting and Shipping Live
Raccoons
during calendar year 2008, associated with methods of taking,
possession of, and open season for furbearing animals; and
transporting and shipping live raccoons.
covered in the proposed rules include methods of taking,
possession of, and open season for furbearing animals; and
transporting and shipping live raccoons.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-25.002
General Provisions for Taking,
Possession and Sale of Reptiles
68A-25.003
Taking and Disposal of
Nuisance-Alligators Statewide
68A-25.004
Regulations Governing the Operation
of Alligator Farms
68A-25.031
Regulations Governing Alligator Egg
and Hatchling Collections on Lands
Not Included in Alligator
Management Programs on Private
Lands
68A-25.032
Regulations Governing the
Establishment of Alligator
Management Programs on Private
Lands
68A-25.042
Regulations Governing Statewide
Alligator Trapping, Permitting,
Taking and Sale
68A-25.052
Regulations Governing the
Processing of Alligators and the
Sale of Alligator Meat and Parts
during calendar year 2008, to establish regulations for taking
and possessing alligators that will ensure conservation of
alligator populations while providing for realization of their
potential aesthetic, recreational, and economic values.
covered in the proposed rules include requirements for taking
and possessing alligators and other reptiles.
Sections 370.081, 372.6672, 372.6673, 372.6674, 372.86,
372.87, 372.88, 372.89, 372.90, 372.91, 372.92, 372.921,
372.922 FS.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NOS.:
RULE TITLES:
68A-27.0012
Procedures for Listing, Delisting and
Reclassifying Endangered,
Threatened and Species of Special
Concern
68A-27.002
Provision for Harassment of
Endangered, Threatened and
Species of Special Concern on
Airport Property
68A-27.0021
Designation of Candidate Species;
Prohibitions; Permits
68A-27.003
Designation of Endangered Species;
68A-27.004
Designation of Threatened Species;
68A-27.005
Designation of Species of Special
Concern; Prohibitions; Permits
proposed rules is to add species to, reclassify species, and/or
remove species from the Candidate Species, Endangered
Species, Threatened Species and Species of Special Concern
lists during calendar year 2008.
covered in the proposed rules include listing, delisting, and
reclassifying species to the Candidate Species, Endangered
Species, Threatened Species and Species of Special Concern
lists.
WEEKLY.
32399-1600, (850)487-1764
COMMISSION
RULE NO.:
RULE TITLE:
68A-31.001
Regulations Related to Commission
Managed Shooting Ranges
PURPOSE AND EFFECT: The purpose of the proposed rule
development effort is to establish regulations for Commission
managed shooting ranges in 2008 that would address public
safety, access, and activities. The effect of the proposed rule
will be to enable the agency to better manage public use of
Commission-managed shooting.
covered in the proposed rule include requirements for access,
activities, and public safety on Commission Managed shooting
ranges.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.,
370.081, 372.6672, 372.6673, 372.6674, 372.86, 372.87,
372.88, 372.89, 372.90, 372.91, 372.92, 372.921, 372.922 FS.
WEEKLY.
32399-1600, (850)487-1764
DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services
RULE NO.:
RULE TITLE:
69K-1.003
Miscellaneous Fees; Name Changes
and Duplicate Licenses
PURPOSE AND EFFECT: Section 497.140(6)(a), F.S.,
requires the Department to impose a special unlicensed activity
fee of $5 upon each initial license and each renewal of a license
under Chapter 497, F.S. Section 497.140(4), F.S., authorizes
the Department to charge a fee as determined by Department
rule but not to exceed $25 for the issuance of a duplicate
license. Section 497.140(5), F.S., requires the Department to
charge a fee as determined by Department rule but not to
exceed $25 for the certification of a public record. Section
497.161(1)(d), F.S., authorizes the Department to adopt a rule
establishing a fee of up to $100 for the issuance of a duplicate
license or for a name change on a license. The proposed rule
implements these statutory provisions.
SUBJECT AREA TO BE ADDRESSED: Special fee for
unlicensed activity; fees for issuance of duplicate license, for
change of name, and for certification of public records.
SPECIFIC AUTHORITY: 497.103(5)(b), 497.140(4), (5),
497.161(1)(d) FS.
LAW IMPLEMENTED: 497.140(4), (5), (6), 497.161(1)(d)
FS.
DATE AND TIME: Friday, December 28, 2007, 2:00 p.m.
PLACE: Alexander Building, 2020 Capital Circle S. E.,
Tallahassee, Florida
contacting: Diana Marr, (850)413-3039. If you are hearing or
speech impaired, please contact the agency using the Florida
(Voice).
THE PRELIMINARY DRAFT IS: Diana Marr, Director,
Division of Funeral, Cemetery, and Consumer Services,
Alexander Building, 2020 Capital Circle S. E., Tallahassee,
Florida 32399-0361, (850)413-3039
DEVELOPMENT IS:
69K-1.003 Miscellaneous Fees; Name Changes and
Duplicate Licenses.
(1) A special unlicensed activity fee of $5.00 per licensee
shall be imposed on each initial license and each renewal of a
license under Chapter 497, F.S. These funds shall be used by
the Department to identify and combat unlicensed activity
which violates the provisions of Chapter 497, F.S.
(2) The fee for a name change on a license is $25. The
original of the current license must be returned to the
Department before a license in the changed name will be
issued. A request for a name change for business entities shall
be submitted to the Department on Form DFS-N1-1764,
“Change of Name & Request for Revised License Certificate –
Entities,” effective 10/06. A request for a name change for
individuals shall be submitted to the Department on Form
DFS-N1-1765, “Change of Name & Request for Revised
License Certificate – Individuals,” effective 10/06. Both forms
are incorporated by reference in Rule 69K-1.001, F.A.C.
(3) The fee for a duplicate license is $25. A request for a
duplicate license shall be submitted to the Department on Form
DFS-N1-1766, “Request for Duplicate License,” effective
10/06, which is incorporated by reference in Rule 69K-1.001,
F.A.C.
(4) The fee for certification of public records is $5.00.
Specific Authority 497.103(5)(b), 497.140(4), (5), 497.161(1)(d) FS.
Law Implemented 497.140(4), (5), (6), 497.161(1)(d) FS. History–
New________.
Divsion of Worker’s Compensation
RULE NO.:
RULE TITLE:
69L-24.0231
Benefits and Administration Trust
Fund Penalties Improper Filing
Practices
PURPOSE AND EFFECT: The purpose of the proposed rule
amendment, and its effect, is to provide a thirty day time period
within which a Claims Administrator will not receive a late
filing penalty for any First Reports of Injury or Illness accepted
by the Division of Workers’ Compensation after the Claims
Administrator is first approved by the Division to
electronically submit such reports to the Division.
SUBJECT AREA TO BE ADDRESSED: Requirements
regarding electronic submission of First Reports of Injury or
Illness to the Division of Workers’ Compensation.
SPECIFIC AUTHORITY: 440.13(11)(b), 440.185, 440.591,
440.593(5) FS.
LAW IMPLEMENTED: 440.13 (11)(b), 440.185(9),
440.20(8)(a) FS.
DATE AND TIME: Monday, January 7, 2008, 9:00 a.m. –
12:00 p.m.
PLACE: 104 J Hartman Bldg., 2012 Capital Circle S. E.,
contacting: Robin Ippolito. If you are hearing or speech
THE PRELIMINARY DRAFT IS: Robin Ippolito, Bureau
Chief, Bureau of Monitoring and Audit, Division of Workers’
Compensation, Department of Financial Services, 200 East
Gaines Street, Tallahassee, Florida 32399-4224, phone
(850)413-1775
DEVELOPMENT IS:
69L-24.0231 Benefits and Administration Trust Fund
Penalties Improper Filing Practices.
(1)(a) through (c) No change.
(d) If the electronic First Report of Injury or Illness is
assigned an Application Acknowledgement Code of
Transaction Accepted (TA) within 30 days after the Claim
Administrator, as defined in Rule 69L-56.002, F.A.C., is first
approved and required by the Division to send electronic First
Reports of Injury or Illness to the Division pursuant to
paragraph 69L-56.300(1)(d), F.A.C., the Insurer, as defined in
Rule 69L-56.002, F.A.C., shall not be assessed a filing penalty
pursuant to paragraph 69L-24.0231(1)(c), F.A.C., based on the
filing requirements established in subsections 69L-56.301(1)
and (2), F.A.C. After the completion of the 30 day period
referenced above, all electronic First Reports of Injury or
Illness must be assigned an Application Acknowledgement
Code of Transaction Accepted (TA) by the Division within the
required filing timeframes established in subsections
69L-56.301(1) and (2), F.A.C., to be considered timely filed.
Specific Authority 440.13(11)(b), 440.185, 440.591, 440.593(5) FS.
Law Implemented 440.13(11)(b), 440.185(9), 440.20(8)(a) FS.
History–New 8-29-94, Amended 5-14-95, 6-4-97, 11-28-01, Formerly
38F-24.0231, 4L-24.0231, Amended 1-8-04,________.
Section II
Proposed Rules
DEPARTMENT OF REVENUE
Sales and Use Tax
RULE NOS.:
RULE TITLES:
12A-1.096
Industrial Machinery and Equipment
for Use in a New or Expanding
Business
12A-1.097
Public Use Forms
PURPOSE AND EFFECT: The purpose of the proposed
amendments to Rule 12A-1.096, F.A.C. (Industrial Machinery
and Equipment for Use in a New or Expanding Business), is to:
(1) incorporate the provisions of Chapter 2006-56, L.O.F.,
which amends Section 212.08(5)(b), F.S. (Machinery and
equipment used to increase productive output); and (2) revise
the requirements for the administration of the exemption
provided for industrial machinery and equipment used in a new
or expanding business consistent with Section 212.08(5)(b),
F.S., as amended.
Chapter 2006-56, L.O.F., deletes the $50,000 tax threshold per
calendar year on the purchase of industrial machinery and
equipment used to increase productive output by certain
industries. All industries will no longer be required to meet the
$50,000 tax threshold per calendar year. This law also revises
the exemption for machinery and equipment used in mining
operations by removing the requirement that the exemption is
only available by taking a credit against severance taxes and
removing the requirement that mining operations must show an
increase in the creation of new jobs. The proposed
amendments remove these obsolete requirements.
The proposed amendments to Rule 12A-1.097, F.A.C. (Public
Use Forms), adopt, by reference, changes to Form DR-1214,
Application for Temporary Tax Exemption Permit.
SUMMARY: This is the second notice of intended action that
has been filed for these proposed rule amendments. A notice of
intended action for these amendments was originally published
on August 10, 2007, and a hearing was held on September 5,
2007. However, due to a clerical error, Rule 12A-1.096,
Florida Administrative Code (Sales and Use Tax; Industrial
Machinery and Equipment for Use in a New or Expanding
Business) was not included in the notice of cabinet meeting
that was published on November 2, 2007, and therefore, both
the substantive rule and the accompanying forms rule
(12A-1.097, Florida Administrative Code) were withdrawn
from consideration by the Governor and Cabinet at their
meeting on November 14, 2007. The Department is restarting
the adoption process for these proposed rule amendments in
accordance with Section 120.54(3)(a), Florida Statutes. These
proposed amendments are identical to those originally noticed
on August 10, 2007. The proposed amendments to Rule
12A-1.096, F.A.C. (Industrial Machinery and Equipment for
Use in a New or Expanding Business), clarify that a “fixed
location” is a location or plant site that is used, or intended to
be used, for an extended or indefinite period of time for
spaceport activities or for manufacturing, processing,
compounding, or producing items of tangible personal property
for sale. The definition of “mining activities,” rendered
obsolete by Chapter 2006-56, L.O.F., is removed. Examples
are added to the definition of the term “physically
comparable,” for clarity. The term “production process” is
clarified to mean that the production process may include
quality control activities after the items have been packaged,
such as good manufacturing practices as mandated by the
Federal Food and Drug Administration to detect adulterated
food or food that has been prepared, packaged, or held under
insanitary conditions. Additional provisions are added to
clarify that the production process does not include product
design activities. The proposed amendments define the terms
“purchase” and “purchase agreement” for purposes of the
exemption.
The proposed amendments revise the provisions describing the
terms “new business” and “expanding business.” Pursuant to
these proposed amendments, businesses that purchase
additional machinery and equipment to begin manufacturing
component parts for existing lines of products that were
previously purchased from vendors will be classified as an
Section II - Proposed Rules 5715
“expanding business” and will be required to meet the statutory
requirement to increase productive output. For these expanding
businesses, that statutory requirement will be met when the
first component part is manufactured for existing lines of
products, as the production of that first component part
represents a 100 percent increase in productive output of that
component part. In addition, the proposed amendments clarify
that the physical productive output measurement must be based
on physical production data that is directly relevant to the
business and/or product(s) being produced. Examples are
added to the provisions for a “new business” and for an
“expanding business” to clarify this classification.
The proposed amendments revise the provisions describing the
term “expanding business,” removing provisions regarding the
$50,000 tax threshold per calendar year on the purchase of
industrial machinery and equipment used to increase the
productive output of tangible personal property. This tax
threshold requirement was repealed by Chapter 2006-56,
L.O.F. The proposed amendments also remove provisions
regarding mining activities rendered obsolete by Chapter
2006-56, L.O.F.
The proposed amendments provide that existing products that
merely incorporate newer technology are not considered to be
a distinct and separate economic activity.
The proposed amendments clarify that an application for
refund must meet the requirements of Section 213.255(2) and
(3), F.S., and Rule 12-26.003, F.A.C., to be considered
complete.
The proposed amendments provide additional examples of
types of industrial machinery and equipment to clarify whether
post-production machinery and equipment used for
refrigerated, frozen, or heated storage of finished goods
inventory qualifies for the exemption. Provisions are added to
clarify that conveyors used to transport work-in-process within
the production line at the fixed location will qualify for
exemption. Additional examples are provided, and obsolete
provisions are removed, to clarify whether computers and
related equipment will be considered a part of the production
process and qualify for exemption. Obsolete provisions
regarding agricultural equipment, which became fully exempt
under the provisions of Section 212.08(3), F.S., as amended in
2005, are removed. Additional provisions are included to
clarify whether monitoring equipment, office equipment,
security systems, motor vehicles, and locomotives or railroad
cars will qualify for the exemption.
The proposed amendments consolidate and clarify provisions
for the application of the exemption to leases of machinery and
equipment for new and expanding businesses.
The proposed amendments to Rule 12A-1.097, F.A.C. (Public
Use Forms), adopt, by reference, changes to Form DR-1214,
Application for Temporary Tax Exemption Permit.
5716 Section II - Proposed Rules
SUMMARY
OF
STATEMENT
OF
ESTIMATED
REGULATORY COSTS: No Statement of Estimated
Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 201.11, 202.17(3)(a), 202.22(6),
202.26(3), 212.0515(7), 212.07(1)(b), 212.08(5)(b)4., (7),
212.11(5)(b), 212.12(1)(b)2., 212.17(6), 212.18(2), (3),
213.06(1),
376.70(6)(b),
376.75(9)(b),
403.718(3)(b),
403.7185(3)(b), 443.171(2), (7) FS.
LAW IMPLEMENTED: 92.525(1)(b), (3), 95.091, 125.0104,
125.0108, 201.01, 201.08(1)(a), 201.133, 201.17(1)-(5),
202.11(2), (3), (6), (16), (24), 202.17, 202.22(3)-(6), 202.28(1),
203.01, 212.02, 212.03, 212.0305, 212.031, 212.04, 212.05,
212.0501, 212.0515, 212.054, 212.055, 212.06, 212.0606,
212.07(1), (8), (9), 212.08, 212.084(3), 212.085, 212.09,
212.096, 212.11(1), (4), (5), 212.12(1), (2), (9), (13), 212.13,
212.14(5), 212.17, 212.18(2), (3), 213.235, 213.255(2), (3),
213.29, 213.37, 215.26, 219.07, 288.1258, 376.70, 376.75,
403.717, 403.718, 403.7185, 443.036, 443.121(1), (3),
443.131, 443.1315, 443.1316, 443.171(2), (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: January 8, 2008, 10:00 a.m.
PLACE: Room 118, Carlton Building, 501 S. Calhoun Street,
agency at least 48 hours before the workshop/meeting by
contacting: Larry Green at (850)922-4830. If you are hearing
(Voice).
PROPOSED RULES IS: Jeffery L. Soff, Tax Law Specialist,
Technical Assistance and Dispute Resolution, Department of
Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443,
telephone (850)922-4719
THE FULL TEXT OF THE PROPOSED RULES IS:
12A-1.096 Industrial Machinery and Equipment for Use in
a New or Expanding Business.
(1) Definitions – The following terms and phrases when
used in this rule shall have the meaning ascribed to them
except where the context clearly indicates a different meaning:
(a) “Fixed location” means a being permanently affixed to
one (1) location or plant site that is used, or intended to be
used, for an extended or indefinite period of time for spaceport
activities or for manufacturing, processing, compounding, or
producing items of tangible personal property for sale. The
term also includes a location where a any portable plant which
is set up for a period of not less than six months in a stationary
manner so as to perform the same industrial manufacturing,
processing, compounding, or production process that could be
performed at a permanent location or plant site. The
geographical limits of the fixed location for purposes of this
rule are limited to the immediate permanent location or plant
site. Facilities or plant units that are within the same building,
or that are on the same parcel of land if not contained in a
building, are considered to be one fixed location.
(b) “Industrial machinery and equipment” means tangible
personal property or other property with a depreciable life of 3
years or more that is used as an integral part in the
manufacturing, processing, compounding, or production of
tangible personal property for sale or is exclusively used in
spaceport activities. Buildings and their structural components
are not industrial machinery and equipment unless the building
or structural component is so closely related to the industrial
machinery and equipment that it houses or supports that the
building or structural component can be expected to be
replaced when the machinery and equipment itself is replaced.
Heating and air conditioning systems are not considered
industrial machinery and equipment, unless the sole
justification for their installation is to meet the requirements of
the production process, even though the system may provide
incidental comfort to employees, or serves, to an insubstantial
degree, nonproduction non-production activities. For example,
a dehumidifier installed for the sole purpose of conditioning air
in a factory, where the manufacturing of electronic components
requires a controlled-humidity environment, will be considered
industrial machinery and equipment. (See subsection (8)(9) of
this rule.)
(c) “Integral to” means that the machinery and equipment
provides a significant function within the production process,
such that the production process could not be complete without
that machinery and equipment.
(d) “Manufacture, process, compound, or produce for
sale” means the various industrial operations of a business
where raw materials will be put through a series of steps to
make an item of tangible personal property that will be sold.
The industrial operations must bring about a change in the
composition or physical nature of the raw materials. Where
materials are merely repackaged or redistributed, those
operations are not manufacturing, processing, compounding, or
producing for sale. The item of tangible personal property may
be sold to another manufacturer for further processing or for
inclusion as a part in another item of tangible personal property
that will be sold, or the item may be sold as a finished product
to a wholesaler or an end consumer. The business performing
the manufacturing, processing, compounding, or production
process may or may not own the raw materials. However, the
phrase “manufacture, process, compound, or produce for sale”
does not include fabrication, alteration, modification, cleaning,
or repair services performed on items of tangible personal
property belonging to others where such items of tangible
personal property are not for sale.
(e) “Mining activities” means phosphate and other solid
minerals severance, mining, or processing operations. Mining
activities end at the point where the mineral is readily
identifiable as the final product of mining or where it is ready
to be compounded or mixed with other materials to form a new
material. (See subsection (4) of this rule.)
(e)(f) “Physically comparable” means the similarity or
equivalency of the characteristics of the items of tangible
personal
property
being
manufactured,
processed,
compounded or produced. Physical comparability applies to
the units used to measure the increase in productive output of
an expanding business.
1. Example: All models of microwave ovens made by a
manufacturer, regardless of specific features, would be
physically comparable. However, if the manufacturer also
made coffee makers, the coffee makers would not be
physically comparable to microwave ovens, even though both
items are generally considered small kitchen appliances.
2. Example: A beverage manufacturer produces a variety
of soft drinks in various sized cans and bottles. The production
of the various sized cans and bottles of soft drinks is not
physically comparable. However, production is physically
comparable when converted to a common physical unit, such
as gallons of product
(f)(g) “Production process” or “production line” means
those industrial activities beginning when raw materials are
delivered to the new or expanding business’ fixed location and
generally ending when the items of tangible personal property
have been packaged for sale, or are in saleable form if
packaging is not done. However, the production process may
include quality control activities after the items have been
packaged (or are in salable saleable form if packaging is
normally not done), such as if such quality control activities
are required by good manufacturing practices as mandated by
the Federal Food and Drug Administration to detect
adulterated food or food that has been prepared, packaged, or
held under insanitary conditions or mandated by state or
federal government agencies.
1. The production process may encompass more than one
fixed location if the business transfers work-in-process from
one fixed location to a second fixed location for further
manufacturing, processing, compounding, or production. For
example, a company purchases machinery and equipment to
produce raw orange juice at one fixed location, and this raw
orange juice is transferred as work-in-process to a second fixed
location where the company will use the raw orange juice to
make five different products.
2. A production process does not include natural processes
occurring before raw material is delivered to the receiving
operation or after the packaging operation. For example, the
natural transformation of grass or feed into raw milk by dairy
cows is not part of the production process. In this case, the
production process begins with when the cows (i.e., raw
materials) are brought into the milking parlor. The Neither is
the planting, growing, or harvesting of crops, and nor the
raising of livestock or poultry are not , part of the production
process. The Also, the natural aging or fermentation of
alcoholic beverages or other food products, after they have
been packaged, is also not part of the production process. The
There, the production process ends when the alcoholic
beverage or other food product has been packaged for sale.
3. The production process does not include product design
activities. For example, the computer aided design of a product
where the final design program or computer file for that
product will be sent to or downloaded to industrial machinery
and equipment for the physical creation of the product is not a
part of the production process. Similarly, the production
process for printed materials does not include the initial
conception or creation of the written matter. For example, the
writing of a story by a reporter for subsequent printing in a
newspaper is not a part of the production process. (See
subsection (8) paragraph (9)(b) of this rule regarding
machinery and equipment and the production process.)
(g)(h) “Productive output” ordinarily means the number of
units actually produced by a single plant or operation in a
single continuous 12-month period. The increase in productive
output is shall be measured by the output for 12 continuous
months immediately following the completion of the
installation of machinery and equipment for the expansion
project as compared to the productive output of 12 continuous
months immediately preceding the beginning of the installation
of machinery and equipment for the expansion project.
However, if a different 12- month continuous period would
more accurately reflect the increase in productive output as a
result of a business expansion, the increase in productive
output will be measured during that alternate 12-month
continuous period, provided that prior to the start of production
by the expanded business the Executive Director or the
Executive Director’s designee agrees to such alternate
measuring period. Such alternate continuous 12-month
measuring period approved by the Executive Director or the
Executive Director’s designee must begin within 24 months
following the completion of installation of qualifying
machinery and equipment. If an alternate 12-month measuring
period is requested by the business entity and is agreed to by
the Executive Director or the Executive Director’s designee,
only the selected alternate 12-month period will be used to
measure the increased productive output for the business
expansion, even though some 12-month period other than the
selected and approved 12-month period may show a
production increase of 10 percent or more as a result of the
expansion project. Productive output may not be measured by
sales dollars or by production labor hours for the purposes of
this exemption.
(h) “Purchase,” “purchases,” or “purchasing” means the
transfer of title or possession, or both, of industrial machinery
and equipment for a consideration. The terms also include the
acquisition of industrial machinery and equipment under a
lease or rental agreement.
(i) “Purchase agreement” means a document, in the form
of a purchase order issued by the purchaser, a contract for
purchase with a seller or vendor, a memorandum of
understanding, or a lease or rental agreement with a lessor.
(j)(i) “Spaceport activities” means those activities as
defined in Section 212.02, F.S. Florida Statutes.
(2) New Business.
(a) The purchase of industrial machinery and equipment,
parts and accessories, and the installation labor thereof, is
exempt from tax when purchased by a new business which
uses such machinery and equipment at a fixed location in this
state for exclusive use in spaceport activities, or to
manufacture, process, compound, or produce items of tangible
personal property for sale.
(b) Machinery and equipment must be purchased, or a
purchase agreement made, before the new business begins
spaceport activities or starts production, and delivery of the
purchased items must be made within 12 months from the
beginning of spaceport activities or the start of production.
(c) The date of purchase of the machinery and equipment
is established by the date of the purchase agreement. If no
purchase agreement was made, or in the absence of proof that a
purchase agreement was made prior to the determined
beginning of spaceport activities or the start of production, the
machinery and equipment vendor’s sales invoice will be the
controlling document for determining whether the machinery
and equipment qualifies for the exemption. No exemption will
be allowed even though delivery of machinery and equipment
is made within 12 months from the beginning of spaceport
activities or the start of production if the machinery and
equipment was ordered after the beginning of spaceport
activities or the start of production. If a purchase agreement
that was made prior to the start of production is amended or
changed after the start of production, any amendments or
changes that increase the quantity of an item of machinery or
equipment will not qualify for the exemption. Any
amendments or change orders to that purchase agreement that
provide for the substitution of a like kind item of machinery or
equipment will qualify for the exemption.
(d)1. The start of production is shall be the date that a
product is manufactured, processed, compounded, or produced
where such product will be inventoried for sale or will be
immediately sold. However, if this date does not reflect the
actual start of production, the date of the start of production
will shall be determined by the Executive Director or the
Executive Director’s designee on a case by case basis. In such
cases, the business is required to shall maintain sufficient
records to enable the Executive Director or the Executive
Director’s designee to make a proper determination as to the
initial production activities of the new facility. (See subsection
(6)(7) of this rule for record keeping requirements.)
a. Initial test or trial runs necessary to calibrate or evaluate
the operation of machinery and equipment, where the products
made are scrapped or sold for salvage value, are not considered
to be the start of production. The operation of machinery and
equipment at less than full capacity, where the products made
are inventoried or immediately sold, is considered to be the
start of production.
b. Production is considered to have started even though the
production line may not be complete, if any part(s) of the
production process is subcontracted to others and a finished
product can be inventoried or immediately sold.
2. The beginning of spaceport activities is shall be the date
that industrial machinery and equipment is first exclusively
used for that purpose. However, if this does not reflect the
actual beginning of spaceport activities, the date will shall be
determined by the Executive Director or the Executive
Director’s designee on a case-by-case basis. In such cases, the
business is required to shall maintain sufficient records to
enable the Executive Director or the Executive Director’s
designee to make a proper determination as to the beginning of
spaceport activities of the new facility. (See subsection (6)(7)
of this rule for record keeping requirements.)
(e) The Executive Director or the Executive Director’s
designee will shall determine if a business qualifies for the
exemption as a new business, based on the facts in each
particular case.
1. A new business means a newly-formed company that
opens a facility or plant, at a fixed location in this state, to
manufacture, process, compound, or produce items of tangible
personal property for sale, or to exclusively use industrial
machinery and equipment in spaceport activities.
2. A new business means an addition to, or the
enlargement of, an existing facility or plant, or the installation
of additional machinery and equipment, for the purpose of
manufacturing, processing, compounding, or producing items
of tangible personal property for sale that represent a distinct
and separate economic activity from other items that have been
or are being produced at that same fixed location, or to
exclusively use industrial machinery and equipment in distinct
and separate spaceport activities. For example, a company that
currently manufactures washing machines would be
considered a new business for the purpose of installing a
dedicated assembly line for the manufacturing of refrigerators.
A new business does not mean an addition to, or the
enlargement of, an existing facility or plant, or the installation
of additional machinery and equipment at an existing facility
or plant, for the purpose of manufacturing, processing,
compounding, or producing component parts that were
previously purchased from, or fabricated by, outside sources
for inclusion in that business’ finished items of tangible
personal property for sale. (See subsection (4)(5) of this rule
regarding manufacturing business classification factors.)
3. A new business means opening a new facility or plant,
at a fixed location in this state, to manufacture, process,
compound, or produce an item of tangible personal property
for sale, or to exclusively use industrial machinery and
equipment in spaceport activities, provided no other facility or
plant in this state that manufactured, processed, compounded,
or produced the same or a similar item of tangible personal
property, or performed the same or a similar spaceport activity,
at a fixed location in this state, was closed to open the new
facility or plant, or will be closed within 12 months. However,
this limitation concerning the closure of a facility or plant is
not applicable to a mining activity when a mine is closed due to
the exhaustion or depletion of the mined resource such that
mining is no longer economically feasible at that location.
4. A new business does not mean the change of ownership
of an existing facility or plant, at a fixed location in this state,
that manufactures, processes, compounds, or produces items of
tangible personal property for sale, or exclusively uses
industrial machinery and equipment in spaceport activities, by
a purchase arrangement, merger, or some other similar means,
unless such facility or plant ceased doing productive operations
for a period of not less than 12 months.
(3) Expanding Business.
(a) The purchase of industrial machinery and equipment,
parts and accessories, and the installation thereof, is exempt
from tax when purchased by an expanding business that uses
such machinery and equipment at a fixed location in this state
to increase the productive output of tangible personal property
that is manufactured, processed, compounded, or produced for
sale by not less than 10 percent, or for exclusive use in
spaceport activities. Industrial machinery and equipment, parts
and accessories, and the installation labor thereof, purchased
by a business for the purpose of expanding spaceport activities,
or the operation of a plant at an existing fixed location in this
state to manufacture, process, compound, or produce items of
tangible personal property for sale is exempt from any amount
of taxes imposed in excess of $50,000 per calendar year. The
taxpayer may elect to pay the entire $50,000 in tax directly to
the Department at the beginning of the expansion project or at
the beginning of the calendar year, or accrue or pay the tax on
each qualifying purchase until the $50,000 tax limitation is
reached. The business entity may then extend a Temporary Tax
Exemption Permit in lieu of paying any additional sales tax in
excess of the $50,000 in tax for the remainder of the calendar
year. For each subsequent year the project is ongoing, the
taxpayer may again elect to pay the entire $50,000 in tax
directly to the Department at the beginning of the calendar
year, or accrue or pay the tax on each qualifying purchase until
the $50,000 tax limitation is reached.
(b)1. Only the actual sales or use tax imposed on
qualifying purchases for the calendar year shall apply to the
$50,000 tax threshold even though the tax may be paid in a
subsequent calendar year.
2. EXAMPLE 1. Sales or use tax paid to the state in
January 1999 for the period ending December 31, 1998, would
be allowed as part of the $50,000 tax threshold for 1998, since
the tax paid with the December 1998 sales tax return would
have been imposed in 1998.
3. EXAMPLE 2. Sales or use tax paid to the state in
January 1999 for the period ending December 31, 1998, would
not be allowed as part of the $50,000 tax threshold for 1999,
since the tax paid with the December 1998 sales tax return
would have been imposed in 1998.
4. Expanding printing facilities or printing plant units are
not subject to the $50,000 tax threshold.
(b)(c) The Executive Director or the Executive Director’s
designee will shall determine whether a business qualifies for
the exemption as an expanding business, based upon the facts
of each case using the following guidelines, provided the
requirements of paragraphs (3)(a) and (d) are complied with:
1.a. An expanding business means an addition to, or the
modernization or enlargement of, an existing facility or the
installation of additional machinery and equipment to
manufacture, process, compound, or produce an item of
tangible personal property that which is already being
produced at that fixed location in this state or which is similar
to an item of tangible personal property that which is already
being produced at that fixed location.
b. An expanding business means an addition to, or the
installation of additional machinery and equipment to begin
manufacturing, processing, compounding, or producing a
component item of tangible personal property that will be
incorporated into a finished item of tangible personal property
for sale that is already being produced at that fixed location.
When the component item of tangible personal property is
manufactured, processed, compounded, or produced, the
completion of the first component item meets the required
productive output increase. When the business manufactures,
processes, compounds, or produces that component for sale to
others and incorporates that component in other items of
tangible personal property for sale, the business would be
classified as a new business.
c. For example, a washing machine manufacturer that
previously purchased water pumps from an outside supplier as
component parts for the washing machines would be
considered an expanding business, rather than a new business,
when it purchases machinery and equipment to begin
manufacturing its own component water pumps and does not
offer the water pumps for sale to others. When the first
component water pump is produced, the manufacturer, as an
expanding business, meets the required productive output
increase.
d.b. An expanding business means an addition to, or the
installation of additional machinery and equipment to perform
a spaceport activity that is already being performed, or is
similar to an activity that is already being performed, at that
fixed location.
2. An expanding business means closing an existing plant
or an operation in a plant in this state and moving it to a new
location in this state within 12 months of the closing.
3. An expanding business means the purchase of an
existing facility to manufacture, process, compound, or
produce an item of tangible personal property that which is
already being produced at that facility, or which is similar to an
item of tangible personal property that which is already being
produced at that facility.
(c)1.(d) To In order to qualify for an exemption as an
expanding business, the taxpayer is required to shall provide
information to the satisfaction of the Executive Director or the
Executive Director’s designee that the items purchased will
shall be or have been used to increase the productive output of
the existing facility or specific product line(s) by not less than
10 percent. An expanding business is allowed to specify
whether the 10 percent increase in productive output is for the
entire plant or for specific product line(s). However, where the
increase in productive output applies to a product or
component that becomes part of different product lines, the
increase in productive output will be determined by measuring
the increase in the combined output of the different product
lines. Similarly, if the additional machinery and equipment
affects the productive output of more than one product line, the
increase in productive output must be measured by all of the
product lines that have been affected.
a. Example: If For example, if a company purchases
machinery and equipment that increases its production of raw
orange juice by 25 percent, and this raw orange juice is used by
the company to make five different products, the increase in
productive output would be determined by measuring the
volume increase in the combined output of all five different
products.
b. Example: A beverage manufacturer that currently
produces a variety of soft drinks in 12-ounce cans purchases
machinery and equipment to begin making plastic bottles and
also purchases additional mixing machinery and equipment to
make more syrup for overall beverage production. Effectively,
there are two separate expansion projects for this manufacturer.
The plastic bottle expansion project will meet the required
productive output increase requirement upon production of the
first bottle. However, the productive output increase
requirement for the additional mixing machinery and
equipment must be measured by the amount of beverages
produced at the plant.
c. Example: A manufacturer of coffeemakers, toasters, and
microwave ovens purchases replacement machinery and
equipment that is only used to make components for the
coffeemakers. The productive output increase may be
measured just on the production of coffeemakers.
2. The physical productive output measurement must be
based on physical production data, which is directly relevant to
the business and/or the product(s) being produced. A physical
productive output measurement based on indirect or minor,
variable components is not a relevant measurement. For
example, a relevant measurement for a furniture manufacturer
would be the number of pieces of furniture manufactured, not
the amount of glue, paint, stain, or varnish used in the
manufacturing of furniture.
3. Expanding spaceport activities are not subject to the
increase in productive output requirement.
(4) Mining Activities.
(a) The exemption for new and expanding mining
activities is available only by way of a prospective credit
against severance taxes due under Chapter 211, F.S. In order to
qualify for the exemption, businesses engaged in mining
activities must demonstrate the following:
1. A new business must demonstrate the creation of at
least 100 new Florida jobs.
2. An expanding business that has 2,500 or fewer Florida
employees must demonstrate the creation of new Florida jobs
in an amount equal to at least 5 percent of its Florida
employees; or
3. For an expanding business that has more than 2,500
Florida employees, that business must demonstrate the creation
of new Florida jobs in an amount equal to at least 3 percent of
its Florida employees.
4. In addition to the requirements of subparagraph 2. or 3.
above, expanding mining businesses must also meet the
requirements of paragraphs (3)(a) and (d) above.
(b) “New Florida job” means a new position created and
filled within 24 months after the completion of construction of
the new or expanded facility. The term includes a transfer of a
position from an existing Florida operation so long as the
transfer is the result of the closure or reduction of the other
Florida operation. For an expanding business, the number of
existing Florida employees shall be determined as of the date
on which the business commences construction of the
expansion.
(c) The Office of Tourism, Trade, and Economic
Development shall certify the creation of new Florida jobs to
the Department of Revenue. The exemption to new and
expanding businesses engaged in mining activities will not be
approved until the Department of Revenue has received such
certification.
(4)(5) Manufacturing Business Classification Factors.
(a) When an additional product is made at an existing
fixed location, the determination whether that business is
classified for the exemption as a new business or as an
expanding business will depend upon whether the additional
product represents an economic activity that is distinct and
separate from a product, or a group of products, that is already
being manufactured, processed, compounded, or produced at
that fixed location.
(b) The Executive Director or the Executive Director’s
designee will make a determination regarding the classification
of a business’ application for exemption on a case-by-case
basis. The Department will be guided by the following factors
when making a determination:
1. The general nature of the applicant’s predominant
existing business;
2. The Standard Industrial Classification (SIC) or North
American Industry Classification System (NAICS) industry
number of the existing product(s) versus the additional
product;
3. The raw materials or components used to make the
existing product(s) versus the additional product;
4. Whether the additional product is an alternative to, or
represents a replacement for, the existing product(s);
5. The differences in machinery and equipment needed to
make the existing product(s) versus the additional product; and
6. The units used to measure production of the existing
product(s) versus the additional product.
(c) No single factor within paragraph (b) will decide
whether the additional product represents a distinct and
separate economic activity.
(d) Additional products Products that merely differ in size,
color, flavor, style, packaging, or model line, or existing
products that merely incorporate newer technology, are not
considered to be a distinct and separate economic activity. For
example, the manufacturing of electronic products based on
digital technology is not a distinct and separate economic
activity from the manufacturing of electronic products based
on analog technology.
(e) The business claiming an exemption as a new business
has shall have the burden of demonstrating that the additional
product represents a distinct and separate economic activity
from a product, or group of products, that is already being
manufactured, processed, compounded, or produced at the
fixed location.
(5)(6) Temporary Tax Exemption Permit – Refund or
Credit.
(a)1. To receive the exemption provided under subsection
subsections (2) or (3), a qualifying business entity must apply
to the Florida Department of Revenue, Technical Assistance
and Dispute Resolution, Post Office Box 7443, Tallahassee,
Florida 32314-7443, for a temporary tax exemption permit.
The business entity seeking a temporary tax exemption must
file an Application for Temporary Tax Exemption Permit
(Form form DR-1214) with the Department prior to receiving a
permit or refund for the new or expanded business. Upon a
tentative affirmative determination of the business’s
qualification for exemption by the Executive Director or the
Executive Director’s designee, a temporary tax exemption
permit will shall be issued to, or a refund authorized for, the
business entity.
2. To receive the exemption provided by subsection (4) for
mining activities, a qualifying business entity must also file an
Application for Temporary Tax Exemption Permit (Form
DR-1214). However, those businesses will not be issued a
temporary tax exemption permit, since the exemption is only
available to that industry by way of a prospective tax credit.
(b)1. A temporary tax exemption permit may be issued
only to the qualified business entity which will use the
qualifying machinery and equipment at a fixed location in this
state in manufacturing, processing, compounding, or producing
tangible personal property for sale, or for exclusive use in
spaceport activities. Such permit may be extended by the
business entity to its vendor(s) or to its authorized contractor(s)
operating under lump sum, cost plus, fixed fee, guaranteed
price, or any other type of contract executed for the purpose of
constructing a new or expanded business. The authorized
contractor(s) may, likewise, extend the temporary tax
exemption permit to its vendor(s) for use in purchasing
qualifying machinery and equipment tax exempt. The business
entity that extends the temporary tax exemption permit to a
contractor or subcontractor for the purpose of authorizing that
contractor or subcontractor to purchase qualifying machinery
and equipment tax exempt will be responsible for paying the
sales and use tax on any nonqualified items purchased tax
exempt by the contractor or subcontractor.
2. Upon completion of purchases of qualifying machinery
and equipment, the temporary tax exemption permit is required
to shall be hand delivered to the Department or returned by
certified or registered mail. If the permit is returned by mail,
the permit should shall be mailed to the Florida Department of
Revenue, Technical Assistance and Dispute Resolution, P. O.
Box 7443, Tallahassee, Florida 32314-7443.
(c)1. If a qualifying business entity fails to apply for a
temporary tax exemption permit before purchasing qualifying
machinery and equipment for a new or expanded business, or if
the initial determination by the Executive Director or the
Executive Director’s designee is negative, the exemptions
provided by subsections (2) and (3) above may be obtained
only by a refund to the business entity of previously paid
taxes. Refunds will shall not be allowed until information has
been provided to the satisfaction of the Executive Director or
the Executive Director’s designee that such machinery and
equipment meets the requirements of this rule and is used as
designated herein. Only the qualified business entity that
which will use the qualifying machinery and equipment at a
fixed location in this state in manufacturing, processing,
compounding, or producing tangible personal property for sale,
or for exclusive use in spaceport activities is entitled to request
a refund of sales or use taxes paid on qualifying industrial
machinery and equipment, or installation thereof. A qualifying
mining activity business under subsection (4) of this rule will
receive the exemption by way of a credit against severance
taxes instead of a refund of sales and use tax.
2. Before the owners of a qualifying new or expanded
business under subsection (2) or (3) may request a refund of, or
a qualifying mining business under subsection (4) may request
a credit for, sales or use taxes paid by their contractors on
qualifying industrial machinery and equipment, or installation
thereof, the following certified statement(s) must be executed:
a. If a subcontractor was involved, the subcontractor must
obtain a certified statement from its supplier(s) or other
subcontractor(s) certifying that the supplier or other
subcontractor has remitted the tax to the State, or certifying
that the subcontractor has remitted use tax directly to the State.
The subcontractor must then extend the statement(s) it has
executed or obtained from suppliers or other subcontractors to
the prime contractor; and,
b. The prime contractor must obtain a certified statement
from its supplier(s) and subcontractor(s) certifying that the
supplier or subcontractor has remitted the tax to the State, or
certifying that the prime contractor has remitted use tax
directly to the State. The prime contractor must then extend the
statement(s) it has executed or obtained from its supplier(s) or
subcontractor(s) to the qualifying new or expanded business
entity to support the refund claim.
(d)1. The following is a suggested format for a certified
statement that tax has been remitted to the State of Florida:
COMPANY, incorporated in the state of STATE, its
undersigned officer who is duly authorized, hereby certifies to
QUALIFYING NEW OR EXPANDING BUSINESS, OR
CONTRACTOR, OR SUBCONTRACTOR it has paid sales
tax to the Department of Revenue, State of Florida, totaling the
sum of $_________. Said taxes were collected by COMPANY
upon the sales of tangible personal property as evidenced by
the attached invoice(s).
The company further certifies the sales tax for the attached
invoice(s) was paid to the State of Florida in the month
following the date of sale under sales tax number
_________________.
Dated at ________ County _______, Florida, this ___ day of
___ 20___.
AUTHORIZED OFFICER OF COMPANY
BY: _____________________________
TITLE: ___________________________
2. The above certified statement will not be necessary
where the business entity claiming the refund has self-accrued
and remitted the tax directly to the State of Florida. However,
documentation that the tax has been remitted to the State of
Florida in a timely manner is required.
(e) The right to a refund of, or credit for, sales or use taxes.
l. New Businesses.
1.a. An application for refund by a new business must be
filed within 3 years after the date the tax was paid in
accordance with the timing provisions of Section s. 215.26(2),
F.S. However, an application for refund will shall not be
considered complete pursuant to Section s. 213.255(2) and (3),
F.S., and Rule 12-26.003, F.A.C., and a refund will shall not be
approved, before the date the new manufacturing or printing
business first places a product in inventory or immediately
sells a product, or before the date a new business engaged in
spaceport activities begins those activities.
b. The right to a credit for sales or use taxes paid by a new
business engaged in mining activities shall not be allowed
before the date the Department of Revenue has received the
certification of new Florida jobs. (See subsection (4) of this
rule.)
2. Expanding Businesses.
2.a. An application for refund by an expanding business
must be filed within 3 years after the date the tax was paid in
accordance with the timing provisions of Section s. 215.26(2),
F.S. However, an application for refund will shall not be
considered complete pursuant to Section s. 213.255(2) and (3),
F.S., and Rule 12-26.003, F.A.C., and a refund will shall not be
approved, before the date an expanding manufacturing or
printing business can substantiate that the business expansion
has increased the productive output at the existing facility by
not less than 10 percent, or for an expanding business engaged
in spaceport activities, before the date of completion of the
installation of the machinery and equipment.
b. The right to a credit for sales or use taxes paid by an
expanding business engaged in mining activities shall not be
allowed before the date that business can substantiate that the
business expansion has increased the productive output at the
existing facility by not less than 10 percent, and the
Department of Revenue has received the certification of new
Florida jobs. (See subsection (4) of this rule.)
(6)(7) Record Keeping Requirements. The applicant is
required to shall maintain all necessary books and records to
support the exemption. All such books, invoices, certified
statements, and other records must shall be open for inspection
by the Department at all reasonable hours at the qualifying
business entity's location in this state. Any qualifying business
entity that which maintains such books and records at a point
outside this state is required to shall make such books and
records available for inspection by the Department where the
general records are kept.
(7)(8) Exclusions.
(a) The exemptions provided by subsections (2) and (3)
do, (3), and (4) above shall not apply to machinery and
equipment purchased or used by electric utility companies;
communication companies; oil or gas exploration or
production operations; publishing firms that do not export at
least 50 percent of their finished product out of the state; any
firm subject to regulation by the Division of Hotels and
Restaurants of the Department of Business and Professional
Regulation; or any firm which does not manufacture, process,
compound, or produce items of tangible personal property for
sale, or exclusively use machinery and equipment in spaceport
activities.
(b) If a publishing firm is also the printer of the finished
product, the Department will consider the business to be a
printer for the purpose of the exemption. Therefore, the above
indicated 50 percent requirement would not apply to such a
business.
(8)(9) Types of industrial machinery and equipment that
will or will not qualify for the exemption.
(a) For the purpose of this exemption, industrial
machinery and equipment includes:
1. Special foundations required for the support of such
qualifying machinery and equipment;
2. Electrical wiring from the nearest power panel or
disconnect box to the qualifying machinery and equipment;
and
3. Plumbing connections necessary to connect the
machinery and equipment to the nearest water supply or drain
line.
(b) The exemption for industrial machinery and equipment
ends at that stage of the production process where the product
produced is placed in a package (or is in salable saleable form
if packaging is normally not done) to be sold to the wholesaler,
retailer, or other purchaser. Machinery and equipment for the
refrigerated, frozen, heated, or otherwise temperaturecontrolled storage or warehousing of packaged finished goods
inventory, solely for preservation purposes, prior to shipment
or delivery to customers, is not a part of the production
process. However, the production process may include quality
control activities for perishable goods after the item of tangible
personal property has been packaged (or is in saleable form if
packaging is normally not done), if such quality control
activities are required by good manufacturing practices
mandated by state or federal government agencies.
1. Example: A manufacturer’s cold storage facility that is
used solely for the warehousing of processed and packaged
foods is not a part of the production process regardless of the
fact that custom palletized orders may be assembled within the
cold storage facility for customers.
2. Example: A manufacturer produces a product that must
be frozen to be in a salable condition. The facility that
performs the freezing function also stores the product prior to
shipment. The freezing facility will qualify as a part of the
production process.
3. Example: Customer accessible refrigerated cases
containing prepackaged meats in a butcher shop are not a part
of the production process, regardless of the fact that a customer
may request that a package of meat be recut, trimmed, or
ground.
4. Example: Refrigerated cases containing meats or
seafood that are only accessible by employees, where such
meats or seafood may be further processed by packaging,
cutting, grinding, or steaming or otherwise cooked, are a part
of the production process.
5. Example: Bakery display cases where the baked goods
are only accessible by bakery shop personnel for slicing or
packaging are a part of the production process.
6. Example: Refrigerated or heated display cases or
preparation units for deli items that are only accessible by deli
personnel are a part of the production process.
7. Example: A citrus juice manufacturer is prohibited by
federal regulations from selling its inventory of processed juice
before required post-production microbial tests are performed.
Accordingly, the refrigerated or frozen storage of processed
juice is a part of the manufacturing process.
(c) Quality control equipment installed within the
production line and required to perform quality checks on each
item, article, or batch produced before the item, article, or
batch can be sold qualifies for the exemption.
(d) Preproduction, random, or postproduction quality
control equipment qualifies shall qualify as industrial
machinery and equipment, if it is an integral part of the
production process.
(e) Industrial machinery and equipment that which is an
integral part of the production process, as well as in
postproduction, such as a forklift fork-lift, will qualify for the
exemption.
(f) Pollution control equipment, or sanitizing and
sterilizing equipment, that is an integral part of the production
process qualifies for exemption.
(g) Monitoring machinery and equipment, such as
computers, video, or other sensing systems or devices that are
essential to that is an integral part of the production process,
qualifies for exemption.
(h) Machinery and equipment used to remove waste
materials away from industrial machinery and equipment,
where the removal is required to maintain the operation of the
production process, will qualify for exemption. For example,
equipment used to remove wood chips and sawdust from
around a qualified industrial wood lathe will qualify for
exemption.
(i) Parts and accessories for industrial machinery and
equipment purchased for replacement, maintenance, or repair
purposes do not qualify for this exemption unless purchased
by:
1. A new business before production or spaceport
activities begin, and delivery is made within 12 months from
the start of production or spaceport activities; or
2. An expanding business before the completion of the
expansion project.
3. Parts and accessories purchased for replacement,
maintenance, or repair that have already received an exemption
pursuant to Section 212.08(7)(xx)(zz), F.S., are not entitled to
shall not be allowed an exemption as provided in this rule for
the same amount of tax pursuant to this paragraph.
(j) Conveyers or related equipment used to transport raw
materials from the storage area located at the fixed location to
the production line, or to transport work-in-process within the
production line at the fixed location, will qualify for
exemption.
(k) Computers and computer equipment.
1. Computers and computer equipment, such as computer
aided manufacturing (CAM) systems used to direct and control
the functions of exempt industrial machinery and equipment
will qualify for exemption, even though such computers may
also have non-production related applications or uses.
2. Computers and computer equipment, such as computer
aided design (CAD) systems used in the conception or design
of a product and computers and computer equipment used to
input original images or data into a publishing system are not a
part of the production process and will not qualify for
exemption.
3. Computers and computer equipment used in an
ancillary function, such as data storage or backup, are not a
part of the production process and will not qualify for
exemption.
4. Portable computers, such as laptops and similar portable
devices, including digital cameras, will not qualify for
exemption unless such items are exclusively used at the fixed
location.
5. The initial purchase of software for qualifying
computers and computer equipment will qualify for exemption.
However, software license renewals will not qualify for
exemption.
(l) Machines used to control exempt industrial machinery
and equipment through the reading or sensing of a tape or some
other similar means will qualify for exemption.
(l)(m) Masks, molds, jigs, or templates, where such
property is integral to the production process, will qualify for
exemption. The machinery and equipment that is integral to the
creation or maintenance of those masks, molds, jigs, or
templates will also qualify for exemption, even though such
machinery and equipment is not a direct part of the production
process.
(m)(n) Machinery and equipment used in the general
repair or maintenance of the plant or production machinery and
equipment, such as welders, gear-pullers, or bench grinders,
does not qualify for the exemption. However, specialized
machinery and equipment that is continuously required to keep
production machinery and equipment calibrated or in optimum
condition, such as a sharpening machine in a sawmill, will
qualify for the exemption.
(o) Machinery and equipment qualifying for a partial
exemption from tax under Section 212.08(3), F.S., is not
eligible for the exemption under Section 212.08(5)(b), F.S.
(n)(p) Scales at the start of, or within, the production
process that are necessary to weigh raw materials or
ingredients, or finished goods at the time of packaging, will
qualify for the exemption.
(o)(q) Office equipment, such as telephones, copy
machines, typewriters, fax machines, desktop printers, or
calculators, will not qualify for the exemption.
(p) Equipment used for communications purposes, such as
telephones, radios, intercom systems, video or television
equipment, or public address systems, will not qualify for
exemption.
(q) Security systems for surveillance or to prevent or
restrict access to the fixed location or areas within the fixed
location will not qualify for exemption.
(r) Furniture items for office or production personnel will
not qualify for the exemption.
(s) General or task lighting fixtures will not qualify for the
exemption.
(t) Installation labor charges qualify for exemption.
However, other installation costs, such as equipment rental or
expendable supplies, which do not become a physical part of
qualifying machinery and equipment, will do not qualify for
exemption.
(u) Motor vehicles, as defined in Section 320.01, F.S., do
not qualify for exemption.
(v) Locomotives or railroad cars that do not remain at the
fixed location will not qualify for exemption.
(9)(10) Operating Leases of Machinery and Equipment.
(a) The lease, letting, or rental of machinery and
equipment, under the terms of an operating lease, shall be
treated in the same way as a sale for the purpose of this
exemption.
(a)(b) When a qualifying new or expanding business entity
leases industrial machinery, equipment, or parts thereof, in lieu
of purchasing those items, the exemption from tax shall only
applies apply to the original term of the lease agreement. Any
subsequent renewal or extensions of the original term of the
lease agreement are subject to tax shall be fully taxable.
(c) When a qualifying expanding business entity leases
industrial machinery, equipment, or parts thereof, in lieu of
purchasing those items, the tax exemption limitation for the
sales or use taxes paid on such industrial machinery,
equipment, or parts thereof, shall apply to each calendar year
of the original term of the lease agreement. For example, an
expanding business (non-printing) that enters into a 60-month
operating lease will be subject to the $50,000 tax threshold for
each calendar year that the lease is in effect. Any subsequent
renewals or extensions of the original term of the lease
agreement shall be fully taxable.
(b)(d) The exercise of a purchase option in an operating
lease is considered to be a purchase made after the start of
production for a new business, or a purchase made outside the
expansion project period for an expanding business, and is
subject to tax.
(11) Capital Leases of Machinery and Equipment.
(a) The lease, letting, or rental of machinery and
equipment, under the terms of a capital lease, sales-type lease,
or direct financing lease, shall be treated in the same way as a
sale for the purpose of this exemption.
(c)(b) In the case of a capital lease, sales-type lease, or
direct financing lease, such leases will be considered to be
sales and purchases at their inception.
Specific Authority 212.08(5)(b)4., 212.17(6), 212.18(2), 213.06(1)
FS. Law Implemented 212.02(4), (10)(g), (14), (19), (21), (22),
212.05, 212.06, 212.08(5)(b), (7)(xx), 212.0805, 212.13(2),
213.255(2), (3), 215.26(2) FS. History–New 5-11-92, Amended
7-1-99, 6-28-00, 6-19-01, 3-6-02,________.
12A-1.097 Public Use Forms.
(1) The following public use forms and instructions are
employed by the Department in its dealings with the public
related to the administration of Chapter 212, F.S. These forms
are hereby incorporated by reference in this rule.
(a) through (b) No change.
Form Number Title
Effective
Date
(21) DR-1214 Application for Temporary
Tax Exemption Permit
(R. 07/06 04/03)
___10/03
Specific Authority 201.11, 202.17(3)(a), 202.22(6), 202.26(3),
212.0515(7), 212.07(1)(b), 212.08(5)(b)4., (7), 212.11(5)(b),
212.12(1)(b)2., 212.17(6), 212.18(2), (3), 213.06(1), 376.70(6)(b),
376.75(9)(b), 403.718(3)(b), 403.7185(3)(b), 443.171(2), (7) FS. Law
Implemented 92.525(1)(b), (3), 95.091, 125.0104, 125.0108, 201.01,
201.08(1)(a), 201.133, 201.17(1)-(5), 202.11(2), (3), (6), (16), (24),
202.17, 202.22(3)-(6), 202.28(1), 203.01, 212.02, 212.03, 212.0305,
212.031, 212.04, 212.05, 212.0501, 212.0515, 212.054, 212.055,
212.06, 212.0606, 212.07(1), (8), (9), 212.08, 212.084(3), 212.085,
212.09, 212.096, 212.11(1), (4), (5), 212.12(1), (2), (9), (13), 212.13,
212.14(5), 212.17, 212.18(2), (3), 213.235, 213.29, 213.37, 219.07,
288.1258, 376.70, 376.75, 403.717, 403.718, 403.7185, 443.036,
443.121(1), (3), 443.131, 443.1315, 443.1316, 443.171(2), (7) FS.
History–New 4-12-84, Formerly 12A-1.97, Amended 8-10-92,
11-30-97, 7-1-99, 4-2-00, 6-28-00, 6-19-01, 10-2-01, 10-21-01,
8-1-02, 4-17-03, 5-4-03, 6-12-03, 10-1-03, 9-28-04, 6-28-05, 5-1-06,
4-5-07,_________.
NAME OF PERSON ORIGINATING PROPOSED RULE:
Jeffery L. Soff, Tax Law Specialist, Technical Assistance and
Dispute Resolution, Department of Revenue, P. O. Box 7443,
Tallahassee, Florida 32314-7443, telephone (850)922-4719
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: Buzz McKown, Revenue Program
Administrator II, Technical Assistance and Dispute Resolution,
P. O. Box 7443, Tallahassee, Florida 32314-7443; telephone
number (850)922-4721
DATE PROPOSED RULE APPROVED BY AGENCY
HEAD: November 27, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT
PUBLISHED IN FAW: The proposed amendments to Rule
Chapter 12A-1, F.A.C. (Sales and Use Tax), were noticed in
the Florida Administrative Weekly on January 5, 2007 (Vol.
33, No. 1, pp. 1-11). A rule development workshop was held
on January 24, 2007. In response to public comment, changes
have been made to the proposed rule amendments.
PUBLIC SERVICE COMMISSION
RULE NOS.:
RULE TITLES:
25-4.042
Extended Area Service
25-4.057
Application and Scope
25-4.058
Conditions for Approval
25-4.059
Filing Requirements
25-4.060
Community of Interest
Considerations
25-4.061
Hearings
25-4.063
Subscriber Survey
25-4.064
Alternatives to Non-Optional
Extended Area Service
PURPOSE AND EFFECT: The Commission proposes to
repeal these rules because they are no longer necessary. Section
364.385(2), F.S., prohibits new Extended Area Service (EAS)
proceedings for price-regulated local exchange companies
(LECs). Repealing the EAS rules will align the F.A.C. with this
statute and would have no effect on the ten LECs in Florida.
Docket No. 070588-TP.
SUMMARY: The listed rules address a LECs obligation to
anticipate, or respond to the Commission's directive to study
and/or provide toll relief under specific circumstances. The toll
relief at issue is EAS, and collectively, these rules can be
described as “EAS rules”. EAS is defined in subsection
25-4.057(2), F.A.C., as “a switching and trunking arrangement
which provides for a nonoptional, unlimited, two-way, flat-rate
calling service between two or more exchanges, at an
increment to exchange rates, rather than at toll message
charges”.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
REGULATORY COSTS: The SERC shows that the proposed
repeal of these rules will likely have a negligible transactional
cost to the telecommunications industry in Florida, and no
transactional costs to ratepayers. There will likely be no impact
on transaction costs for small businesses and no negative
impact on local governments or on the Florida Public Service
Commission.
LAW IMPLEMENTED: 364.03, 364.14, 364.15, 364.17,
364.385 FS.
THIS NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAW.
contacting: Office of Commission Clerk, 2540 Shumard Oak
Blvd., Tallahassee, FL 32399-0850, (850)413-6770 If you are
1(800)955-8770 (Voice).
PROPOSED RULES IS: Rosanne Gervasi, Office of General
Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL
32399-0850, (850)413-6224
25-4.042 Extended Area Service.
Specific Authority 350.127(2) FS. Law Implemented 364.03, 364.15,
364.17, 364.385 FS. History–New 12-1-68, Amended 3-31-76,
Formerly 25-4.42, Repealed_________.
25-4.057 Application and Scope.
364.15, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.57,
Amended 10-5-92, Repealed_________.
25-4.058 Conditions for Approval.
364.15, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.58,
Amended 10-5-92, Repealed_________.
25-4.059 Filing Requirements.
Specific Authority 350.127 FS. Law Implemented 364.03, 364.385(2)
FS. History–New 4-14-81, Formerly 25-4.59, Amended 10-5-92,
Repealed_________.
25-4.060 Community of Interest Considerations.
364.385(2) FS. History–New 4-14-81, Formerly 25-4.60, Amended
10-5-92, Repealed_________.
25-4.061 Hearings.
Specific Authority 350.127(2) FS. Law Implemented 364.03,
10-5-92, Repealed_________.
25-4.063 Subscriber Survey.
Specific Authority 350.127 FS. Law Implemented 364.03, 364.385(2)
FS. History–New 4-14-81, Formerly 25-4.63, Amended 10-5-92,
Repealed_________.
25-4.064 Alternatives to Non-Optional Extended Area
Service.
10-5-92, Repealed_________.
Michael Barrett, Regulatory Analyst IV, Division of
Competitive Markets & Enforcement, 2540 Shumard Oak
Blvd., Tallahassee, FL 32399-0850, (850)413-6544
THE PROPOSED RULE: Florida Public Service Commission
RULE NOS.:
RULE TITLES:
25-4.053
Application and Scope
25-4.054
Maintenance of Records
25-4.055
Classification of Exchanges
25-4.056
Reclassification of Exchanges
PURPOSE AND EFFECT: The Commission proposes to
repeal these rules because they are no longer necessary.
Statutory changes have profoundly impacted the regulatory
landscape for local exchange companies (LECs), and as a
result, rate groups no longer serve as a vehicle for regulating
local exchange rates. Docket No. 070587-TP.
SUMMARY: Rules 25-4.053-25-4.056, F.A.C., generally
address rate-grouping plans for LECs. Under the rate-base,
rate-of-return form of regulation, LECs often had plans and
pricing structures (rates) that were “grouped” based on the
number of access lines a subscriber could call. The number of
access lines in the local calling area of an exchange was
referred to as the “calling scope”", and these rules provided
guidance for establishing the rate groups using calling scopes.
These rules are related to the rules that provide guidelines and
requirements for processing requests (Extended Area Service).
SUMMARY
OF
STATEMENT
OF
ESTIMATED
REGULATORY COSTS: The SERC shows that the proposed
repeal of these rules will likely have a negligible transactional
cost to the telecommunications industry in Florida, and no
transactional costs to ratepayers. There will likely be no impact
on transaction costs for small businesses and no negative
impact on local governments or on the Commission.
SPECIFIC AUTHORITY: 350.127(2), 364.05 FS.
LAW IMPLEMENTED: 364.04, 364.05, 364.18, 364.025,
364.051 FS.
Blvd., Tallahassee, FL 32399-0850, (850)413-6770. If you are
1(800)955-8770 (Voice).
PROPOSED RULE IS: Rosanne Gervasi, Office of General
32399-0850, (850)413-6224
25-4.053 Application and Scope.
Specific Authority 350.127(2), 364.05 FS. Law Implemented 364.05
FS. History–New 1-20-63, Revised 12-1-68, Formerly 25-4.53,
Repealed________.
25-4.054 Maintenance of Records.
Specific Authority 350.127(2), 364.05 FS. Law Implemented 364.04,
364.05, 364.18 FS. History–New 1-20-63, Revised 12-1-68, Formerly
25-4.54, Repealed________.
25-4.055 Classification of Exchanges.
364.025, 364.05, 364.051 FS. History–New 1-20-63, Amended
7-21-65, Revised 12-1-68, Formerly 25-4.55, Repealed________.
25-4.056 Reclassification of Exchanges.
Specific Authority 350.127(2) FS. Law Implemented 364.025, 364.05
FS. History–New 1-20-63, Revised 12-1-68, Amended 3-31-76,
12-10-84, Formerly 25-4.56, Repealed________.
Michael Barrett, Regulatory Analyst IV, Division of
Competitive Markets & Enforcement, 2540 Shumard Oak
Blvd., Tallahassee, FL 32399-0850, (850)413-6544
RULE NO.:
RULE TITLE:
25-6.0423
Nuclear or Integrated Gasification
Combined Cycle Power Plant Cost
Recovery
PURPOSE AND EFFECT: The purpose of the rule amendment
is to implement Section 366.93, F.S., to promote electric utility
investment in Integrated Gasification Combined Cycle (IGCC)
power plants by establishing cost recovery mechanisms that
allow for the recovery in rates of all costs prudently incurred in
the siting, design, licensing, and construction of an IGCC
power plant. Docket No. 070672-EI.
SUMMARY: The rule is amended to extend the alternative cost
recovery mechanisms developed for nuclear power plants to
integrated gasification combined cycle (IGCC) power plants to
allow the recovery of costs incurred in siting, design, licensing,
and construction and allow for recovery in rates of all such
prudently incurred costs.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
REGULATORY COSTS: Investor owned electric utilities
planning to build an IGCC plant should experience no
significant additional costs as a result of the rule amendment
and would benefit from the cost recovery mechanisms in the
rule. Implementation of alternative cost recovery mechanisms
will impact the timing of cost recovery from ratepayers,
subject to Commission review.
SPECIFIC AUTHORITY: 350.127(2), 366.05(1) FS.
1(800)955-8770 (Voice).
PROPOSED RULE IS: David E. Smith, Office of General
32399-0850, (850)413-6199
THE FULL TEXT OF THE PROPOSED RULE IS:
25-6.0423 Nuclear or Integrated Gasification Combined
Cycle Power Plant Cost Recovery.
(1) Purpose. The purpose of this rule is to establish
alternative cost recovery mechanisms for the recovery of costs
incurred in the siting, design, licensing, and construction of
nuclear or integrated gasification combined cycle power plants
in order to promote electric utility investment in nuclear or
integrated gasification combined cycle power plants and allow
for the recovery in rates of all such prudently incurred costs.
(2) Definitions. As used in this rule, the following
definitions shall apply:
(a) “Nuclear power plant” or “plant” is an electrical power
plant that utilizes nuclear materials as fuel, as defined in
Sections 403.503(13) and 366.93(1)(c), F.S.
(b) “Integrated gasification combined cycle power plant”
is an electrical power plant that uses synthesis gas produced by
integrated gasification technology, as defined in Sections
403.503(13) and 366.93(1)(c), F.S.
(c) “Power plant” or “plant” means a nuclear power plant
or an integrated gasification combined cycle power plant.
(d)(b) “Cost” includes, but is not limited to, all capital
investments including rate of return, any applicable taxes and
all expenses, including operation and maintenance expenses,
related to or resulting from the siting, licensing, design,
construction, or operation of the nuclear or integrated
gasification combined cycle power plant as defined in Section
366.93(1)(a), F.S.
(e)(c) “Site selection.” A site will be deemed to be selected
upon the filing of a petition for a determination of need for a
nuclear or integrated gasification combined cycle power plant
pursuant to Section 403.519, F.S.
(f)(d) “Site selection costs” are costs that are expended
prior to the selection of a site.
(g)(e) “Pre-construction costs” are costs that are expended
after a site has been selected in preparation for the construction
of a nuclear or integrated gasification combined cycle power
plant, incurred up to and including the date the utility
completes site clearing work.
(h)(f) Site selection costs and pre-construction costs
include, but are not limited to: any and all costs associated with
preparing, reviewing and defending a Combined Operating
License (COL) application for a nuclear power plant; costs
associated with site and technology selection; costs of
engineering, designing, and permitting the nuclear or
integrated gasification combined cycle power plant; costs of
clearing, grading, and excavation; and costs of on-site
construction facilities (i.e., construction offices, warehouses,
etc.).
(i)(g) “Construction costs” are costs that are expended to
construct the nuclear or integrated gasification combined cycle
power plant including, but not limited to, the costs of
constructing nuclear power plant buildings and all associated
permanent structures, equipment and systems.
(3) No change.
(4) Site Selection Costs. After the Commission has issued
a final order granting a determination of need for a nuclear
power plant pursuant to Section 403.519, F.S., a utility may file
a petition for a separate proceeding, to recover prudently
incurred site selection costs. This separate proceeding will be
limited to only those issues necessary for the determination of
prudence and alternative method for recovery of site selection
costs of a nuclear power plant.
(5) Pre-Construction Costs and Carrying Costs on
Construction Cost Balance. After the Commission has issued a
final order granting a determination of need for a nuclear
power plant pursuant to Section 403.519, F.S., a utility may
petition the Commission for recovery of pre-construction costs
and carrying costs of construction cost balance as follows:
(a)1. through 2. No change.
(b) Carrying Costs on Construction Cost Balance. A utility
is entitled to recover, through the utility’s Capacity Cost
Recovery Clause, the carrying costs on the utility’s annual
projected construction cost balance associated with the nuclear
power plant. The actual carrying costs recovered through the
Capacity Cost Recovery Clause shall reduce the allowance for
funds used during construction (AFUDC) that would otherwise
have been recorded as a cost of construction eligible for future
recovery as plant in service.
1. For nuclear power plant need petitions submitted on or
before December 31, 2010, the associated carrying costs shall
be computed based on the pretax AFUDC rate in effect on June
12, 200719, 2006;
2. For nuclear power plant need petitions submitted after
December 31, 2010, the utility’s pretax AFUDC rate in effect
at the time the petition for determination of need is filed is
presumed to be appropriate unless the Commission determines
otherwise in its need determination order;
3. No change.
(c) Capacity Cost Recovery Clause for Nuclear or
Integrated Gasification Combined Cycle Power Plant Costs.
1. Each year, a utility shall submit, for Commission review
and approval, as part of its Capacity Cost Recovery Clause
filings:
a. through 2. No change.
3. The Commission shall include those costs it determines,
pursuant to this subsection, to be reasonable or prudent in
setting the Capacity Cost Recovery Clause factor in the annual
Fuel and Purchased Power Cost Recovery proceedings. Such
prior year actual costs associated with nuclear power plant
construction subject to the annual proceeding shall not be
subject to disallowance or further prudence review.
4. The final true-up for the previous year, actual/estimated
true-up for the current year, and subsequent year’s projected
nuclear power plant costs as approved by the Commission
pursuant to subparagraph (5)(c)2. will be included for cost
recovery purposes as a component of the following year’s
capacity cost recovery factor in the Fuel and Purchased Power
Cost Recovery. The utility must file all necessary revisions to
the fuel and purchased power cost recovery filings no later than
October 15 of the current year.
5. By May 1 of each year, along with the filings required
by this paragraph, a utility shall submit for Commission review
and approval a detailed analysis of the long-term feasibility of
completing the power nuclear plant.
(6) Failure to Enter Commercial Service. Following the
Commission’s issuance of a final order granting a
determination of need for the nuclear power plant, in the event
the utility elects not to complete or is precluded from
completing construction of the nuclear power plant, the utility
shall be allowed to recover all prudent site selection costs,
pre-construction costs, and construction costs.
(7) Commercial Service. As operating units or systems
associated with the nuclear power plant and the nuclear power
plant itself are placed in commercial service:
(a) No change.
(b) The utility shall calculate the increase in base rates
resulting from the jurisdictional annual base revenue
requirements for the nuclear power plant in conjunction with
the Capacity Cost Recovery Clause projection filing for the
year the nuclear power plant is projected to achieve
commercial operation. The increase in base rates will be based
on the annualized base revenue requirements for the nuclear
power plant for the first 12 months of operations consistent
with the cost projections filed in conjunction with the Capacity
Cost Recovery Clause projection filing.
(c) At such time as the nuclear power plant is included in
base rates, recovery through the Capacity Cost Recovery
Clause will cease, except for the difference between actual and
projected construction costs as provided in subparagraph
(5)(c)4. above.
(d) No change.
(e) The jurisdictional net book value of any existing
generating plant that is retired as a result of operation of the
nuclear power plant shall be recovered through an increase in
base rate charges over a period not to exceed 5 years. At the
end of the recovery period, base rates shall be reduced by an
amount equal to the increase associated with the recovery of
the retired generating plant.
(8)(a) through (e) No change.
(f) Annual Reports Required by Rule 25-6.135, F.A.C. On
an annual basis following issuance of the final order granting a
determination of need and until commercial operation of the
nuclear power plant, a utility shall include the budgeted and
actual costs as compared to the estimated in-service costs of
the nuclear power plant as provided in the petition for need
determination in its annual report filed pursuant to Rule
25-6.135, F.A.C. The estimates provided in the petition for
need determination are non-binding estimates. Some costs may
be higher than estimated and other costs may be lower. A
utility shall provide such revised estimated in-service costs as
may be necessary in its annual report.
Specific Authority 350.127(2), 366.05(1) FS. Law Implemented
366.93 FS. History–New 4-8-07, Amended________.
Kathy Lewis, Division of Economic Regulation, 2540
Shumard Oak Blvd., Tallahassee, FL 32399-0850.
(850)413-6594
PUBLISHED IN FAW: August 31, 2007
RULE NO.:
RULE TITLE:
25-22.081
Contents of Petition
implement 2007 amendments to Section 403.519, F.S., dealing
with the contents of an electric utility's petition for
determination of need and extending the statute's applicability
to integrated gasification combined cycle (IGCC) power
plants. Docket No. 070672-EI.
SUMMARY: The rule is amended to include IGCC power
plants, and to specify that a petition for determination of need
must include information to allow the Commission to consider
the electric utility’s use of conservation measures and
renewable energy sources and technologies in the determining
need for new generation capacity.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
REGULATORY COSTS: The additional costs to electric
utilities to comply with the rule should be minimal.
ANNOUNCED IN FAW.
1(800)955-8770 (Voice).
PROPOSED RULE IS: David E. Smith, Office of General
32399-0850, (850)413-6199
25-22.081 Contents of Petition.
(1) Petition for Fossil, Integrated Gasification Combined
Cycle, or Nuclear Fuel Electric Plants. Petitions submitted to
commence a proceeding to determine the need for a proposed
fossil, integrated gasification combined cycle, or nuclear fuel
electrical power plant or responses to the Commission’s order
commencing such a proceeding shall comply with the other
requirements of Chapter 25-22, F.A.C., as to form and style
except that a utility may, at its option, submit its petition in the
same format and style as its application for site certification
pursuant to Sections 403.501 through 403.517, F.S., so long as
the informational requirements of this rule and Chapter 25-22,
F.A.C., are satisfied. The petition, Tto allow the Commission
to take into account the need for electric system reliability and
integrity, the need for adequate reasonable cost electricity, the
need for fuel diversity and supply reliability, and the need to
determine whether the proposed plant is the most cost effective
alternative available, and the need to determine whether
renewable energy sources and technologies, as well as
conservation measures, are utilized to the extent reasonably
available, the petition shall contain the following information:
(c) A statement of the specific conditions, contingencies or
other factors which indicate a need for the proposed electrical
power plant including the general time within which the
generating units will be needed. Documentation shall include
historical and forecasted summer and winter peaks, number of
customers, net energy for load, and load factors with a
discussion of the more critical operating conditions. Load
forecasts shall identify the model or models on which they
were based and shall include sufficient detail to permit analysis
of the model or models. If a determination is sought on some
basis in addition to or in lieu of capacity needs, such as fuel
diversity, then detailed analysis and supporting documentation
of the projected costs and benefits is required. Where a
determination is sought for a nuclear or integrated gasification
combined cycle power plant, the nonbinding estimate provided
for in paragraph (2)(b) below shall be considered to be
sufficient for purposes of this paragraph.
(d) A summary discussion of the major available
generating alternatives which were examined and evaluated in
arriving at the decision to pursue the proposed generating unit.
The discussion shall include a general description of the
generating unit alternatives, including purchases where
appropriate; and an evaluation of each alternative in terms of
economics, reliability, long-term flexibility and usefulness and
any other relevant factors such as fuel diversity and fuel supply
reliability. These major generating technologies generally
available and potentially appropriate for the timing of the
proposed plant and other conditions specific to it shall be
discussed. In addition, each investor-owned utility shall
include a detailed description of the selection process used and
a detailed description of the generating unit alternatives
proposed by each finalist, if any, selected to participate in
subsequent contract negotiations pursuant to Rule 25-22.082,
F.A.C. No provision of Rule 25-22.082, F.A.C., shall be
applicable to a nuclear or integrated gasification combined
cycle power plant sited after June 19, 2006.
(e) through (g) No change.
(2) In addition to complying with paragraphs (1)(a)
through (g) above, a nuclear or integrated gasification
combined cycle power plant petition shall contain the
following information:
(a) The description required by Section 403.519(4)(a)2.,
F.S., including a discussion about how the proposed nuclear or
integrated gasification combined cycle power plant will
enhance the electric supply reliability by reducing the exposure
to fossil fuel supply disruptions;
(b) A description of and a nonbinding estimate of the cost
of the proposed nuclear or integrated gasification combined
cycle power plant, including associated transmission facilities;
(c) The annualized base revenue requirement for the first
12 months of operation of the proposed nuclear or integrated
gasification combined cycle power plant, based on the
nonbinding estimate of the cost provided pursuant to paragraph
(2)(b) above; and
(d) No change.
403.519 FS. History–New 12-22-81, Formerly 25-2.133, 25-22.81,
Amended 1-10-94, 2-20-07,________.
Kathy Lewis, Division of Economic Regulation, 2540
Shumard Oak Blvd., Tallahassee, FL 32399-0850,
(850)413-6594
RULE NO.:
RULE TITLE:
33-503.001
Chaplaincy Services
proposed rule is to permit Chaplains to have written contact
with inmates where the inmate or the Chaplain has transferred
to another FDOC institution.
SUMMARY: The proposed rule provides a process whereby a
Chaplain may maintain written contact with an inmate after
transfer of the inmate or Chaplain.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
LAW IMPLEMENTED: 20.315, 90.505, 944.09, 944.11 FS.
PROPOSED RULE IS: Perri King Dale, Office of the General
Counsel, Department of Corrections, 2601 Blair Stone Road,
33-503.001 Chaplaincy Services.
(6) The Chaplain shall be authorized to maintain written
communication with inmates where the inmate and the
Chaplain have been at the same institution, at the same time,
and either the inmate or the Chaplain has transferred to another
Florida Department of Corrections institution under the
following conditions:
(a) The written communication must fall within the scope
of clergy professional standards (i.e. provides spiritual
direction, advice, counsel, or encouragement).
(b) Consistent with the effective management and order of
the institution, the Chaplain maintaining written
communication with an inmate at another Florida Department
of Corrections institution must inform the Chaplain at the
inmate’s current institutional location.
(6) through (12) renumbered (7) through (13) No change.
20.315, 90.505, 944.09, 944.11 FS. History–New 1-6-82, Formerly
33-3.14, 33-3.014, Amended 10-18-01, 1-9-03,_________.
George Sapp, Assistant Secretary of Institutions
THE PROPOSED RULE: Laura Bedard, Ph.D., Deputy
Secretary
HEAD: October 22, 2007
PUBLISHED IN FAW: November 9, 2007
RULE NO.:
RULE TITLE:
33-602.201
Inmate Property
proposed rule is to clarify the handling of excess photographs
received in routine mail.
SUMMARY: The rule is amended to specifically allow inmates
to send out photographs, at their own expense, when additional
photos are received in routine mail than the inmate is allowed
by property limits.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
PROPOSED RULE IS: Jamie Leigh Jordan, Office of the
General Counsel, Department of Corrections, 2601 Blair Stone
Road, Tallahassee, Florida 32399-2500
33-602.201 Inmate Property.
(5) Unauthorized Property. (Also see Control of
Contraband, Rule 33-602.203, F.A.C.).
(a) Property which is considered contraband pursuant to
Rule 33-602.203, F.A.C., shall be handled as provided for in
Rule 33-602.203, F.A.C.
1. No change.
2. If an inmate receives photographs in the mail which,
added to the number already in his possession, place him over
the maximum allowed, he shall be allowed to send the excess
photographs out at his own expense. It is the inmate’s
responsibility to make arrangements with staff to send out the
extra photographs as soon as they are received. Excess
photographs found in an inmate’s property will be considered
contraband.
3.2. An inmate who is in possession of the maximum
number of articles allowed by this rule and who wishes to
replace a worn item must contact the property officer to
arrange to discard or send the worn item out at his own expense
before purchasing a replacement item.
(b) No change.
Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–
New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95,
5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98,
12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02,
7-8-03, 8-18-04, 1-25-05, 10-23-06, ________.
APPENDIX ONE
PROPERTY LIST
No change.
THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy
Secretary
HEAD: September 28, 2007
RULE NO.:
RULE TITLE:
33-602.205
Inmate Telephone Use
proposed rule is to clarify the requirements, process, and
exemptions for inmates wishing to receive or make phone calls
to foreign consulates.
SUMMARY: The rule is amended to allow inmate phone calls
to foreign consulates to be private and unmonitored; exempted
from the fifteen minute maximum restriction and limited to the
amount of time reasonably necessary to accomplish the
purpose of the call; and provide the requirements for verifying
that a person is a foreign consulate for the purposes of inmate
telephone use.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
33-602.205 Inmate Telephone Use.
(1) This rule sets forth the minimum telephone privileges
that shall be granted to inmates housed in institutions or
facilities other than community correctional centers, or inmates
housed on death row. All inmate calls, with the exception of
those calls placed to attorneys pursuant to paragraph (3)(a), and
to foreign consulates pursuant to paragraph (4)(a) shall be
subject to monitoring and recording. Due to the high level of
security needs on death row, the only telephone privileges
available to death row inmates are those set forth in paragraph
(3)(a), private calls to attorneys;, paragraph 4)(a), private calls
to foreign consulates; and subsection (5)(4), calls made in the
event of family crisis.
(2) Inmate telephone procedures will be conducted as
follows:
(a) through (d) No change.
(e) Except for calls to attorneys as provided in paragraph
(3)(a), calls to foreign consulates as provided in paragraph
(4)(a), or calls during family crisis as provided in subsection
(5)(4), calls shall be limited to 15 minutes. Calls to attorneys as
provided in paragraph (3)(a), calls to foreign consulates
provided in paragraph (4)(a), and calls in time of family crisis
as provided in subsection (5)(4) shall be limited to the amount
of time reasonably necessary to accomplish the purpose of the
call.
(f) through (l) No change.
(3) No change.
(4) Calls to Foreign Consulates.
(a) A foreign national inmate shall be allowed to make
private telephone calls to his or her respective consulate upon
presentation to the warden or his designee of evidence that the
call is necessary and that the inmate is a native of the country
represented by the consulate as verified by Immigration and
Custody Enforcement. Such evidence shall be a letter from the
consulate (transmission by FAX is acceptable) requesting the
return call. A consulate shall also be permitted to make prior
arrangements by letter or FAX with the warden or warden’s
designee to have the inmate receive a private telephone call
from the consulate on an unmonitored telephone.
(b) Except as authorized by warrant or court order,
telephone calls to counsulates made pursuant to this section
shall not be monitored or electronically recorded. These calls
will be placed on telephones designated for this purpose and
shall be collect calls; there shall be at least one telephone at
each institution that is not connected to the monitoring system
for these calls.
(5)(4) An inmate may be authorized to make telephone
calls in case of family crisis, including death or serious illness
in the immediate family or serious marital or other family
problems. All such calls must be approved by the chaplain or
other official designated by the warden who shall, if possible,
verify the existence of the family crisis.
New 11-19-81, Formerly 33-3.125, Amended 11-21-86, 1-6-92,
3-24-97, 7-22-97, 12-21-98, Formerly 33-3.0125, Amended 2-7-00,
6-18-02, 2-4-03, 12-30-03, 11-25-04, 1-7-07, 9-24-07,________.
Secretary
RULE NO.:
RULE TITLE:
33-602.210
Use of Force
proposed rule is to amend Form DC6-210, Incident Report,
which is incorporated by reference, to include a space for
employee identification number.
SUMMARY: The form is amended to include employee
identification in order to more readily identify the employee
reporting.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
33-602.210 Use of Force.
(22) The following forms are hereby incorporated by
reference. Copies of these forms are available from the Forms
Control Administrator, Research, Planning and Support Services,
2601 Blair Stone Road, Tallahassee, Florida 32399-2500.
(a) through (f) No change.
(g) DC6-210, Incident Report, effective ______ 8-1-05.
(h) through (n) No change.
Specific Authority 944.09, FS. Law Implemented 776.07, 944.09,
Formerly 33-3.066, Amended 3-26-86, 11-21-86, 4-21-93, 7-26-93,
11-2-94, 2-12-97, 11-8-98, Formerly 33-3.0066, Amended 10-6-99,
2-7-00, 7-25-02, 8-25-03, 2-25-04, 11-7-04, 4-17-05, 8-1-05, 3-2-06,
9-18-06, 10-4-07, ________.
Secretary
LAND AND WATER ADJUDICATORY COMMISSION
Poinciana Community Development District
RULE NO.:
RULE TITLE:
42AA-1.002
Boundary
PURPOSE AND EFFECT: The Petition, as supplemented,
proposes to modify the land area presently serviced by the
District by amending its boundary to add approximately
212.65 acres. The District currently covers approximately
3,028 acres of land located entirely within Polk County,
Florida. There are no lands within the expansion parcel that are
to be excluded from the District. Petitioner has written consent
to amend the boundary of the District from the owners of one
hundred percent of the real property comprising the expansion
parcel. Pursuant to Section 190.046(1)(e), F.S., the filing of the
Petition, as supplemented, for expansion by the District Board
of Supervisors constitutes consent of the landowners. The
proposed 212.65 acre expansion area will include single family
residential units that will be added to the overall development
schedule.
SUMMARY: The Petition, as supplemented, proposes to
modify the land area presently serviced by the District by
amending its boundary to add approximately 212.65 acres. The
District currently covers approximately 3,028 acres of land
located entirely within Polk County, Florida. There are no
lands within the expansion parcel that are to be excluded from
the District. Petitioner has written consent to amend the
boundary of the District from the owners of one hundred
percent of the real property comprising the expansion parcel.
Pursuant to Section 190.046(1)(e), F.S., the filing of the
Petition, as supplemented, for expansion by the District Board
of Supervisors constitutes consent of the landowners. The
proposed 212.65 acre expansion area will include single family
residential units that will be added to the overall development
schedule.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
REGULATORY COSTS: In association with the Petition, as
supplemented, the Petitioner has caused a Statement of
Estimated Regulatory Costs (“SERC”) to be prepared in
compliance with section 120.541, F.S. By way of summary, the
SERC estimates the principal individuals and entities likely to
be required to comply with the amended rule are the single
family residential households that locate within the proposed
expansion area. The SERC estimates that rule amendment
implementation and enforcement costs to the Commission and
state agencies will be modest. The costs to Polk and Osceola
Counties are modest and will be offset by the payment of
requisite filing and annual fees. The SERC estimates there will
be no effect on state and local revenues from the proposed
amendment of the rule. The SERC indicates the District may
levy non-ad valorem special assessments on properties within
its boundaries to finance infrastructure that the District funds
and to defray the costs of operating and maintaining the
infrastructure and associated community facilities. Prospective
future landowners would be required to pay off such
indebtedness over time in the form of non-ad valorem special
assessments or other rates, fees or charges. The District may
also impose an annual levy for the operations and maintenance
of the District. The SERC further provides the decision to
locate within the District is completely voluntary. The SERC
concludes that the expansion of the District’s boundary will
have no impact on small businesses. As to impact on small
counties, neither Polk nor Osceola Counties are “small”
counties as defined by Section 120.52, F.S. The SERC analysis
is based on a straightforward application of economic theory.
Input was received from the developer’s engineer and other
professionals associated with the developer.
SPECIFIC AUTHORITY: 190.005, 190.046 FS.
DATE AND TIME: Thursday, January 10, 2008, 10:00 a.m.
PLACE: The Capitol, Room 2103, Tallahassee, Florida
32399-0001
agency at least two days before the workshop/meeting by
contacting: Barbara Leighty, Florida Land and Water
Adjudicatory Commission, Office of the Governor, The
Capitol, Room 1801, Tallahassee, Florida 32399-0001. 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).
PROPOSED RULE IS: Barbara Leighty, Florida Land and
Water Adjudicatory Commission, Office of the Governor, The
Capitol, Room 1801, Tallahassee, Florida 32399-0001
42AA-1.002 Boundary.
The boundaries of the district are as follows:
PARCEL A
PERIMETER DESCRIPTION
LEGAL DESCRIPTION
A PORTION OF SECTIONS 13, 14, 15, 22, 23, 24, 25, 26, 35
AND 36, IN TOWNSHIP 27 SOUTH, RANGE 28 EAST,
POLK COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT LOCATED AT THE
NORTHWEST
CORNER
OF
POINCIANA
NEIGHBORHOOD 1 EAST, VILLAGE 4, IN TOWNSHIP 27
SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT
BOOK 56, PAGE 25, OF THE PUBLIC RECORDS OF POLK
COUNTY, FLORIDA, THENCE RUN S04°40'45''E FOR A
DISTANCE OF 301.04 FEET TO THE POINT OF
BEGINNING. SAID POINT OF BEGINNING BEING
LOCATED ON THE SOUTHERLY SIDELINE OF
CYPRESS PARKWAY AND THE EASTERLY SIDELINE
OF RHODODENDRON AVENUE; THENCE RUN
S89°54'30''E FOR A DISTANCE OF 2930.85 FEET;
THENCE RUN S89°46'58''E FOR A DISTANCE OF 5321.93
FEET; THENCE RUN S89°58'45''E FOR A DISTANCE OF
886.32 FEET; THENCE RUN EASTERLY ALONG THE
ARC OF A CURVE, CONCAVE TO THE NORTH HAVING
A RADIUS OF 2059.86 FEET, THROUGH A CENTRAL
ANGLE OF 19°04'49'' A DISTANCE OF 685.96 FEET;
THENCE RUN EASTERLY ALONG THE ARC OF A
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF
93°12'37'' A DISTANCE OF 40.67 FEET; THENCE RUN
SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE
TO THE WEST HAVING A RADIUS OF 3139.52 FEET,
THROUGH A CENTRAL ANGLE OF 20°42'36'' A
DISTANCE OF 1134.80 FEET; THENCE RUN
SOUTHERLY ALONG THE ARC OF A CURVE, CONCAVE
DISTANCE OF 39.70 FEET; THENCE RUN N84o09'21''W
FOR A DISTANCE OF 396.38 FEET; THENCE RUN
WESTERLY ALONG THE ARC OF A CURVE, CONCAVE
TO THE SOUTH HAVING A RADIUS OF 650.53 FEET,
DISTANCE OF 268.90 FEET; THENCE RUN WESTERLY
ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 540.00 FEET, THROUGH
A CENTRAL ANGLE OF 67°17'36'' A DISTANCE OF
634.23 FEET; THENCE RUN S04°52'04''W FOR A
DISTANCE OF 1734.81 FEET; THENCE RUN
DISTANCE OF 280.60 FEET; THENCE RUN S33°34'39''W
S56°25'21''E FOR A DISTANCE OF 1140.00 FEET;
THENCE RUN EASTERLY ALONG THE ARC OF A
CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS
S33°34'39''W FOR A DISTANCE OF 258.00 FEET; THENCE
RUN SOUTHERLY ALONG THE ARC OF A CURVE,
CONCAVE TO THE EAST HAVING A RADIUS OF 1825.00
FEET, THROUGH A CENTRAL ANGLE OF 35°13'56'' A
DISTANCE OF 1122.23 FEET; THENCE RUN S01°39'17''E
TO THE WEST HAVING A RADIUS OF 1125.00 FEET;
TO THE EAST HAVING A RADIUS OF 1525.00 FEET,
SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE
TO THE EAST HAVING A RADIUS OF 2075.00 FEET,
N74°39'40''W FOR A DISTANCE OF 269.91 FEET;
THENCE RUN WESTERLY ALONG THE ARC OF A
CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS
N90°00'00"W FOR A DISTANCE OF 1819.67 FEET;
CURVE, CONCAVE TO THE NORTH HAVING A RADIUS
52°36'25" A DISTANCE OF 2708.59 FEET; THENCE RUN
THENCE RUN NORTHERLY ALONG THE ARC OF A
CURVE, CONCAVE TO THE WEST HAVING A RADIUS
THENCE RUN N48°48'12"E FOR A DISTANCE OF 475.00
FEET; THENCE RUN EASTERLY ALONG THE ARC OF A
N08°48'12"E FOR A DISTANCE OF 3153.37 FEET;
CURVE, CONCAVE TO THE EAST HAVING A RADIUS
N32°50'30"E FOR A DISTANCE OF 855.99 FEET; THENCE
RUN NORTHERLY ALONG THE ARC OF A CURVE,
CONCAVE TO THE WEST HAVING A RADIUS OF
1450.00 FEET, THROUGH A CENTRAL ANGLE OF
FEET, THROUGH A CENTRAL ANGLE OF 90°00'00" A
BEGINNING. CONTAINING 2875.650 ACRES MORE OR
LESS.
ALSO INCLUDING:
PARCEL C
PERIMETER DESCRIPTION
LEGAL DESCRIPTION
A PORTION OF SECTIONS 13, 24, AND 25, IN TOWNSHIP
27 SOUTH, RANGE 28 EAST, POLK COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF POINCIANA
NEIGHBORHOOD 3, VILLAGE 3, IN TOWNSHIP 27
SOUTH, RANGE 28 EAST, AS RECORDED IN PLAT
BOOK 52, PAGE 19, OF THE PUBLIC RECORDS OF POLK
COUNTY, FLORIDA. SAID POINT BEING ON THE
SOUTHERLY SIDELINE OF WALNUT STREET AND THE
EASTERLY SIDELINE OF MARIGOLD AVENUE.
THENCE RUN FROM A TANGENT BEARING OF
S56°25'21"E RUN EASTERLY ALONG THE ARC OF A
RUN S04°03'28"W FOR A DISTANCE OF 330.04 FEET;
THENCE RUN S54°03'28"W FOR A DISTANCE OF 153.75
FEET; THENCE RUN S61°47'51"W FOR A DISTANCE OF
211.04 FEET; THENCE RUN S08°01'02"E FOR A
DISTANCE OF 40.95 FEET; THENCE RUN S47°33'48"E
S05°05'14"W FOR A DISTANCE OF 170.69 FEET; THENCE
RUN S08°32'10"W FOR A DISTANCE OF 224.90 FEET;
THENCE RUN S01°40'55"W FOR A DISTANCE OF 227.80
FEET; THENCE RUN S05°05'14"W FOR A DISTANCE OF
1230.28 FEET; THENCE RUN S18°34'59"W FOR A
RUN S38°18'16''W FOR A DISTANCE OF 323.43 FEET;
THENCE RUN S49°40'20''W FOR A DISTANCE OF 257.88
FEET; THENCE RUN S56°44'06''W FOR A DISTANCE OF
RUN N78°20'54''W FOR A DISTANCE OF 169.83 FEET;
THENCE RUN N53°53'43''W FOR A DISTANCE OF 180.00
FEET; THENCE RUN S36°06'17''W FOR A DISTANCE OF
DISTANCE OF 157.04 FEET; THENCE RUN N81°15'40''W
N77°03'48''W FOR A DISTANCE OF 59.12 FEET; THENCE
RUN S12°56'12''W FOR A DISTANCE OF 80.00 FEET;
THENCE RUN N77°03'48''W FOR A DISTANCE OF 166.57
FEET; THENCE RUN FROM A TANGENT BEARING OF
N10°00'00''W RUN NORTHERLY ALONG THE ARC OF A
N36°06'17''E FOR A DISTANCE OF 469.92 FEET; THENCE
CONCAVE TO THE WEST HAVING A RADIUS OF
N01°39'17''W FOR A DISTANCE OF 1818.87 FEET;
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
N33°34'39''E FOR A DISTANCE OF 258.09 FEET; THENCE
FEET, THROUGH A CENTRAL ANGLE OF 90°00'00'' A
BEGINNING. CONTAINING 154.728 ACRES MORE OR
LESS.
LESS AND EXCEPT:
LOT 1, BLOCK 302, “POINCIANA NEIGHBORHOOD 6
NORTH VILLAGE 3'', ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 52, PAGES 42
THROUGH 49 OF THE PUBLIC RECORDS OF POLK
COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF
SECTION 35, TOWNSHIP 27 SOUTH, RANGE 28 EAST,
POLK COUNTY, FLORIDA, RUN NORTH 89°56'36'' EAST
ALONG THE NORTH LINE OF SAID SECTION 35 A
DISTANCE OF 644.07 FEET; THENCE DEPARTING SAID
NORTH LINE, SOUTH 00°03'25'' EAST A DISTANCE OF
102.49 FEET TO THE NORTHERLYMOST CORNER OF
SAID LOT 1 AND THE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF
SAID LOT 1, BEING A CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 2519.00
FEET, A CENTRAL ANGLE OF 01°55'54'' AND A CHORD
OF 84.92 FEET THAT BEARS SOUTH 41°32'37'' EAST;
THENCE ALONG THE ARC OF SAID CURVE A
DISTANCE OF 84.96 FEET; THENCE SOUTH 46°34'51''
WEST, A DISTANCE OF 74.50 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE
OF 91°26'07'' AND A CHORD OF 35.80 FEET THAT
BEARS NORTH 8°42'05'' WEST, SAID POINT BEING
HEREAFTER REFERRED TO AS POINT “A”; THENCE
ALONG THE ARC OF SAID CURVE A DISTANCE OF
39.90 FEET TO A POINT OF COMPOUND CURVATURE
OF A CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 2619.00 FEET, A CENTRAL ANGLE OF
01°24'21'' AND A CHORD OF 64.25 FEET THAT BEARS
NORTH 41°16'50'' WEST, THENCE ALONG THE ARC OF
SAID CURVE A DISTANCE OF 64.28 FEET; THENCE
NORTH 49°25'20'' EAST A DISTANCE OF 100.00 FEET TO
THE POINT OF BEGINNING. (CONTAINING 0.20 ACRES,
MORE OR LESS.)
ALSO LESS AND EXCEPT:
AN APPROXIMATE 2 1/2 ACRE PARCEL LOCATED IN
TRACT C, NEIGHBORHOOD 1-E VILLAGE 4, AS
RECORDED IN PLAT BOOK 56, PAGE 31, BEING IN
SECTION 14, TOWNSHIP 27 SOUTH, RANGE 28 EAST,
POLK COUNTY, FLORIDA.
TOGETHER WITH:
Description: Solivita – Phase VIA(Recorded in Plat Book 131,
Pages 30-35 of the Public Records of Polk County, Florida).
All of Blocks 14, 15, 16 and 17; portions of Blocks 18, 19, 20,
21, 22, 23, 24, 25 and 26; all of Tracts K-1, K-2, K-3, K-4, K-6,
K-7, K-8 and K-9, a portion of Tract K-5; all of the public
right-of-way for Rough Lane; portions of the public
right-of-ways for, Score Drive, Long Court and Spike Drive; a
portion of Greenway 1 as shown on Page 34; a portion of
Greenways 1, 2 and 3 as shown on Page 35; a portion of
Greenways 1 and 2 as shown on Page 36; a portion of
Greenways 2 and 3 as shown on Page 37 and a portion of
Greenway 1 as shown on Page 38, the above as shown on
Replat of a Portion of Poinciana Neighborhood 1, Village 3, as
recorded in Plat Book 58, Pages 31 through 38, Public Records
of Polk County, Florida, (Please note that the portions of the
Replat of a Portion of Poinciana Neighborhood 1, Village 3
plat described above were vacated by the Polk County Board
of County Commissioners at their July 13, 2005 meeting)
being more particularly described as follows:
Commence at the Northwest corner of Section 13, Township
27 South, Range 28 East, Polk County, Florida; thence S
89°57'44" E along the North line of said Section 13 a distance
of 2472.78 feet to the Point of Beginning, said point being the
Northeast corner of Golf Villas II at Poinciana, as recorded in
Plat Book 72, Pages 16 through 18, Public Records of Polk
County, Florida; thence continue S 89°57'44" E along said
North line a distance of 2369.24 feet to the most Northerly
corner of Lot 8, Block 59, of said Replat of a Portion of
Poinciana Neighborhood 1, Village 3; thence along the
Westerly line of said Block 59 the following courses and
distances : S 14°41'52" W a distance of 355.07 feet; thence S
19°01'09" E a distance of 256.27 feet to the Most Southerly
corner of Lot 12 of said Block 59, said point being on a
Northwesterly projection of the Southerly line of Block 55 as
shown on said Plat; thence S 56°39'52" E along the Southerly
line of said Block 55 a distance of 209.11 feet to the Southeast
corner of Lot 5 of said Block 55, said point being on the
Westerly line of Greenway 3 as shown on said Plat; thence S
58°57'28" W along the Westerly line of said Greenway 3 a
distance of 78.56 feet to the Northeast corner of Lot 7, Block
54 as shown on said Plat; thence S 85°52'35" W along the
Northerly line of said Block 54 a distance of 251.43 feet to a
point on the Westerly line of said Block 54; thence along the
Westerly line of said Block 54 the following courses and
distances: S 53°27'40" W a distance of 129.38 feet; thence S
33°12'14" W a distance of 129.39 feet; thence S 10°10'36" W a
distance of 150.32 feet to the Southwest corner of Lot 11 of
said Block 54; thence S 06°23'29" E along the West line of
Greenway 4 as shown on said Plat a distance of 59.99 feet to
the Northwest corner of Lot 7, Block 52 as shown on said Plat;
thence along the Westerly line of said Block 52 the following
courses and distances: S 22°29'49" E a distance of 144.98 feet;
thence S 31°54'09" E a distance of 138.60 feet to a point on the
Southerly line of said Block 52; thence S 78°11'28" E along the
Southerly line of said Block 52 a distance of 228.53 feet to the
Southwest corner of Lot 3 of said Block 52; thence S 09°21'52"
E along the West line of Greenway 5 as shown on said Plat a
distance of 107.64 feet to the Northwest corner of Lot 2, Block
51 as shown on said Plat; thence along the Westerly line of said
Block 51 the following courses and distances : S 39°07'24" W
a distance of 267.65 feet; thence S 00°32'13" W a distance of
252.09 feet; thence S 31°54'27" E a distance of 135.03 feet to
the most Westerly corner of Lot 8 of said Block 51; thence S
04°54'55" W along the West line of Greenway 4 lying South of
said Lot 8, Block 51 and North of Lot 6, Block 47 as shown on
said Plat, a distance of 64.55 feet to the Northwest corner of
said Lot 6, Block 47; thence along the Northerly line of said
Block 47 the following courses and distance : N 81°26'08" W a
distance of 127.07 feet; thence S 69°09'12" W a distance of
129.16 feet to a point on the Westerly line of said Block 47;
thence along the Westerly line of said Block 47 the following
courses and distances : S 46°18'56" W a distance of 128.96
feet; thence S 23°22'07" W a distance of 129.08 feet; thence S
08°30'30" E a distance of 163.06 feet to the most Southerly
corner of Lot 11 of said Block 47; thence S 26°23'05" E along
the West line of Greenway 3 lying South of said Lot 11, Block
47 and North of Lot 11, Block 40 as shown on said Plat and
along the Westerly line of said Block 40 a distance of 422.01
feet to the most Westerly corner of Lot 7 of said Block 40;
thence S 41°02'16" E along the Southwesterly line of said Lot
7, Block 40 a distance of 120.64 feet to a point on the
Southerly line of said Block 40; thence along the Southerly line
of said Block 40 the following courses and distance : S
61°20'51" E a distance of 121.61 feet; thence S 76°39'46" E a
distance of 121.62 feet; thence N 88°15'31" E a distance of
121.64 feet; thence N 77°08'44" E a distance of 91.93 feet;
thence N 83°49'57" E a distance of 178.53 feet to a point on the
Westerly right-of-way line of Country Club Road as shown on
said Plat, said point being on the arc of a non tangent curve,
concave Westerly, having a central angle of 06°44'44" and a
radius of 4010.00 feet; thence Southerly along the arc of said
curve and along said Westerly right-of-way line a distance of
472.10 feet to the Northeast corner of Lot 1, Block 39 as shown
on said Plat ( chord bearing and distance between said points
being S 05°51'52" E 471.83 feet ); thence along the Northerly
line of said Block 39 the following courses and distances : S
distance of 125.80 feet to a point on the Westerly line of said
Block 39; thence S 40°55'23" W along the Westerly line of said
Block 39 a distance of 125.61 feet; thence continue along the
Westerly line of said Block 39 and along the West line of
Greenway 2, lying South of Lot 10 of said Block 39 and North
of Lot 6, Block 37 as shown on said Plat, and along the
Westerly line of said Block 37, S 27°19'09" W a distance of
614.17 feet; thence continue along the Westerly line of said
Block 37 S 37°44'32" E a distance of 217.18 feet to the most
Southerly corner of Lot 4 of said Block 37; thence S 22°32'13"
W along the West line of Greenway 2 lying South of Lot 3 of
said Block 37 and North of Lot 20, Block 27 as shown on said
Plat, a distance of 115.01 feet to the most Easterly corner of
Lot 19 of said Block 27; thence along the Northerly and
Easterly lines of said Block 27 the following courses and
distances : N 37°38'21" W a distance of 271.09 feet; thence S
88°52'22" W, a distance of 143.19 feet; thence S 64°58'04" W a
distance of 303.42 feet; thence N 25°00'35" W a distance of
119.91 feet; thence S 65°08'34" W a distance of 192.00 feet;
thence S 74°04'39" W a distance of 111.97 feet; thence S
82°08'35" W a distance of 43.45 feet; thence leaving the
Northerly line of said Block 27, N 07°48'58" W a distance of
52.62 feet; thence N 11°19'01" W a distance of 119.72 feet;
thence N 79°56'01" W a distance of 15.34 feet; thence N
06°46'04" E a distance of 65.11 feet; thence N 20°03'14" E a
12.72 feet to a point on a non tangent curve, concave
Northwesterly, having a central angle of 40°55'26" and a radius
of 359.00 feet; thence Northeasterly along the arc of said curve
a distance of 256.42 feet to the point of reverse curvature of a
curve ( chord bearing and distance between said points being N
72°29'01" E a distance of 251.00 feet ), concave Southeasterly,
having a central angle of 43°07'10" and a radius of 180.00 feet;
thence Northeasterly along the arc of said curve a distance of
135.46 feet to the point of reverse curvature of a curve,
concave Northwesterly, having at central angle of 47°51'29"
and a radius of 405.60 feet; thence Northeasterly along the arc
of said curve a distance of 338.79 feet to a point ( chord
bearing and distance between said points being N 71°12'14" E
329.03 feet ); thence N 38°55'40" W a distance of 175.50 feet;
thence N 45°04'59" W a distance of 134.31 feet; thence S
distance of 88.14 feet to a point on a non tangent curve,
concave Southeasterly, having a central angle of 29°37'12" and
a radius of 518.63 feet; thence Southwesterly along the arc of
said curve a distance of 268.11 feet to the point of tangency of
said curve ( chord bearing and distance between said points
being S 68°44'26" W a distance of 265.14 feet ), said point
being on the arc of a non tangent curve, concave Northerly,
having a central angle of 79°03'34" and a radius of 62.03 feet;
thence Southwesterly and Northwesterly along the arc of said
curve a distance of 85.57 feet to the point of curvature of a
curve (chord bearing and distance between said points being N
86°30’33” W 78.95 feet), concave Northeasterly, having a
central angle of 29°32'58" and a radius of 104.83 feet; thence
Northwesterly along the arc of said curve a distance of 54.06
feet to the point of reverse curvature of a curve, concave
Southwesterly, having a central angle of 01°59'34" and a radius
of 2234.64 feet; thence Northwesterly along the arc of said
curve a distance of 77.72 feet to the point of reverse curvature
of a curve, concave Southeasterly, having a central angle of
82°36'31" and a radius of 50.00 feet; thence Northeasterly
along the arc of said curve a distance of 72.09 feet to the point
of tangency of said curve; thence N 62°38'41" E a distance of
131.11 feet to the point of curvature of a curve, concave
Northwesterly, having a central angle of 91°36'50" and a radius
of 144.00 feet; thence Northeasterly and Northwesterly along
the arc of said curve a distance of 230.25 feet to the point of
tangency of said curve; thence N 28°58'03" W a distance of
curve a distance of 131.34 feet to the point of compound
curvature of a curve, concave Southerly, having a central angle
of 26°25'29" and a radius of 227.90 feet; thence Southwesterly
of tangency of said curve; thence S 67°48'53" W a distance of
Northeasterly, having a central angle of 86°11'07" and a radius
of 50.00 feet; thence Southwesterly and Northwesterly along
the arc of said curve a distance of 75.21 feet to the point of
reverse curvature of a curve, concave Southwesterly, having a
Northwesterly along the arc of said curve a distance of 114.28
feet to the point of reverse curvature of a curve, concave
Southeasterly, having a central angle of 104°14'28" and a
radius of 50.00 feet; thence Northeasterly along the arc of said
curve a distance of 90.97 feet to the point of reverse curvature
of a curve, concave Northwesterly, having a central angle of
of compound curvature of a curve, concave Westerly, having a
Northeasterly and Northwesterly along the arc of said curve a
distance of 286.31 feet to the point of tangency of said curve;
thence N 43°29'39" W a distance of 91.36 feet to the point of
curvature of a curve, concave Southerly, having a central angle
of 82°30'10" and a radius of 157.50 feet; thence Northwesterly
and Southwesterly along the arc of said curve a distance of
226.79 feet to the point of tangency of said curve; thence S
54°00'10" W a distance of 157.26 feet to the point of curvature
of a curve, concave Northeasterly, having a central angle of
105°35'45" and a radius of 50.00 feet; thence Northwesterly
of compound curvature of a curve, concave Easterly, having a
Northwesterly along the arc of said curve, a distance of 154.89
feet to the point of compound curvature of a curve, concave
Southeasterly, having a central angle of 92°01'56" and a radius
of 50.00 feet; thence Northeasterly along the arc of said curve a
distance of 80.31 feet to the point of reverse curvature of a
curve, concave Northwesterly, having a central angle of
of compound curvature of a curve, concave Northwesterly,
having a central angel of 68°17'04" and a radius of 166.62 feet;
thence Northeasterly along the arc of said curve a distance of
198.57 feet to the point of reverse curvature of a curve,
concave Easterly, having a central angle of 26°34'37" and a
radius of 100.78 feet; thence Northeasterly along the arc of
said curve a distance of 46.75 feet to the point of tangency of
said curve; thence N 21°57'58" E a distance of 13.30 feet;
46°46'59" W a distance of 98.41 feet; thence N 55°57'20" W a
distance of 98.24 feet; thence N 65°07'34" W a distance of
98.24 feet; thence N 73°45'49" W a distance of 89.70 feet;
45°03'03" W a distance of 77.53 feet; thence N 16°59'23" W a
74.56 feet; thence N 38°46'36" E a distance of 77.53 feet;
thence N 44°54'08" W a distance of 121.58 feet to a point on
the arc of a non tangent curve, concave Southeasterly, having a
Southwesterly along the arc of said curve a distance of 102.61
feet to a point (chord bearing and distance between said points
being S 39°44'51" W 102.19 feet); thence N 59°17'51" W a
distance of 50.00 feet to a point on a non tangent curve,
concave Southeasterly, having a central angle of 02°33'13" and
a radius of 375.00 feet; thence Southwesterly along the arc of
said curve a distance of 16.71 feet to a point ( chord bearing
and distance between said points being S 29°25'32" W 16.71
feet ); thence N 56°31'23" W a distance of 9.97 feet to a point
on a non tangent curve, concave Southeasterly, having a central
angle of 39°42'30" and a radius of 324.00 feet; thence
Southwesterly along the arc of said curve a distance of 224.54
feet to a point ( chord bearing and distance between said points
being S 07°57'40" W 220.08 feet ); thence S 79°10'49" W a
distance of 18.50 feet to a point on the East right-of-way line of
Fairway Road (80.00 foot right-of-way) as shown on said plat,
said point being on the arc of a non tangent curve, concave
curve and along said East right-of-way line a distance of
743.65 feet to the point of tangency of said curve ( chord
bearing and distance between said points being N 48°02'30" W
695.39 feet ); thence continue along said right-of-way line N
84°09'01" W a distance of 136.28 feet to the point of curvature
of a curve, concave Northeasterly, having a central angle of
89°02'54" and a radius of 25.00 feet; thence Northwesterly
along the arc of said curve and along said right-of-way line a
distance of 38.85 feet to the point of tangency of said curve,
said point being on the East right-of-way line of Marigold
Avenue (150.00 foot right-of-way) as shown on said plat;
thence N 04°53'53" E along the East right-of-way line of said
Marigold Avenue a distance of 11.91 feet to the point of
curvature of a curve, concave Westerly, having a central angle
of 08°01'14" and a radius of 3289.52 feet; thence Northerly
along the arc of said curve and along said East right-of-way
line a distance of 460.48 feet to a point on the Southerly line of
Greenway 1 as shown on the plat of said Golf Villas II at
Poinciana, (chord bearing and distance between said points
being N 00°53'16" E 460.11 feet); thence along the Southerly
line of said Greenway 1 the following courses and distances: N
55°49'17" E, a distance of 269.01 feet; thence S 84°51'03" E a
distance of 262.50 feet to a point on the East line of said
Greenway 1; thence N 10°01'57" E along the East line of said
Greenway 1 and along the East line of Tract A-1 as shown on
said plat of Golf Villa II at Poinciana, a distance of 764.20 feet
to the Point of Beginning.
Containing 177.61 acres more or less.
LESS AND EXCEPT:
Lot 67, Solivita – Phase VIA, according to the plat thereof, as
recorded in Plat Book 131, Pages 30 through 35 of the Public
Records of Polk County, Florida, being further described as
follows:
Begin at the Northwest corner of said Lot 67; thence North
72°52’04 East along the Northwesterly line of said lot, 125.38
feet; thence South 17°02’52 East along the Northeasterly line
of said lot, same being the Southwesterly line of Tract P-E18 as
shown on said plat, 55.00 feet; thence South 72°52’04” West
along the Southeasterly line of said lot, 125.30 feet; thence
North 17°07’56” West along the Southwesterly line of said lot,
same being the Northeasterly right-of-way line of Sorrento
Road as shown on said plat, 55.00 feet to the Point of
Beginning. Said lot contains 6,894 square feet, more or less.
LESS AND EXCEPT:
Lot 117, Solivita – Phase VIA, according to the plat thereof, as
follows:
80°34’33 East along the Northerly line of said lot, 131.58 feet;
thence South 11°36’32 East along the Easterly line of said lot,
same being the Westerly line of Tract G-4 as shown on said
plat, 55.04 feet; thence South 80°34’33” West along the
Southerly line of said lot, 134.44 feet to a point on the arc of a
non-tangent curve concave Westerly having a radius of 325.00
feet, a central angle of 03°55’26” and a chord of 22.25 feet that
bears North 07°27’44” West; thence Northerly along the arc of
said curve and the Westerly line of said lot, same being the
Easterly right-of-way line of Vizcaya Court as shown on said
plat, 22.26 feet; thence North 09°25’27” West continuing along
said lot line and said right-of-way line, 32.76 feet to the Point
of Beginning. Said lot contains 7,300 square feet, more or less.
ALSO INCLUDING:
DESCRIPTION: SOLIVITA – PHASE VIB
A portion of Blocks 18 through 26, Tract K-5, Greenway 1
(lying Southeasterly and Easterly of Block 23), Greenway 1
(lying between Blocks 22 and 23), Greenway 1 (lying South of
Block 26), Greenway 2 (lying between Blocks 24 and 26),
Greenway 3 (lying between Blocks 21 and 22) and a portion of
the following publicly dedicated road right-of-ways (all
60-foot-wide): Cart Lane, Long Court, Score Drive and Spike
Drive, of the Replat of a Portion of Poinciana Neighborhood 1,
Village 3, as recorded in Plat Book 58, Pages 31 through 38,
Public Records of Polk County, Florida, (Please note that the
portions of the Replat of a Portion of Poinciana Neighborhood
1, Village 3 plat described above were vacated by the Polk
County Board of County Commissioners at their July 27, 2005
meeting) being more particularly described as follows:
Commence at the Northwest corner of Section 13, Township
27 South, Range 28 East, Polk County, Florida; thence South
89°57'44" East along the North line of said Section 13, 2472.78
feet to the Northeast corner of Golf Villas II at Poinciana, as
recorded in Plat Book 72, Pages 16 through 18, Public Records
of Polk County, Florida; thence South 10°01'57" West along
the East line of Tract A-1 as shown on said plat of Golf Villa II
at Poinciana and along the East line of Greenway 1 as shown
on said plat, 764.20 feet to a point on the Southerly line of said
Greenway 1; thence along said Southerly line the following
courses and distances: North 84°51'03" West, 262.50 feet;
thence South 55°49'17" West, 269.01 feet to a point on a
non-tangent curve, concave Westerly, having a central angle of
08°01'14" and a radius of 3289.52 feet, said point being on the
East right-of-way line of Marigold Avenue as shown on the
plat of Poinciana Neighborhood 1 Village 3, as recorded in Plat
Book 52, Pages 8 through 18 of the Public Records of Polk
County, Florida; thence Southerly along the arc of said curve
and along said East right-of-way line a distance of 460.48 feet
to the point on tangency of said curve (chord bearing and
distance between said points being South 00°53'16" West
460.11 feet); thence South 04°53'53" West along the East
right-of-way line of said Marigold Avenue, 11.91 feet to the
point of curvature of a curve, concave Northeasterly, having a
central angle of 89°02'54" and a radius of 25.00 feet: thence
Southeasterly along the arc of said curve and along said
right-of-way line, 38.85 feet to the point of tangency of said
curve, said point being on the North right-of-way line of
Fairway Road as shown on said plat; thence along said North
right-of-way line the following courses and distances: South
84°09'01" East a distance of 136.28 feet to the point of
curvature of a curve, concave Southwesterly, having a central
angle of 72°13'02" and a radius of 590.00 feet; thence
Southeasterly along the arc of said curve and along said
right-of-way line a distance of 743.65 feet to the Point of
Beginning: thence North 79°10'56" East, 18.50 feet to a point
on the arc of a non-tangent curve concave East having a radius
of 324.00 feet and a chord bearing and distance of North
07°57'40" East, 220.08 feet; thence Northerly along the arc of
said curve, through a central angle of 39°42'30", a distance of
224.55 feet; thence South 56°31'23" East, 9.97 feet to a point
on the arc of a non-tangent curve concave Southeast having a
radius of 375.00 feet and a chord bearing and distance of North
29°25'32" East, 16.71 feet; thence Northeasterly along the arc
of said curve, through a central angle of 02°33'13", a distance
of 16.71 feet; thence South 59°17'51" East, 50.00 feet to a
point on the arc of a non-tangent curve concave Southeast
having a radius of 325.00 feet and chord bearing and distance
of North 39°44'51" East, 102.19 feet; thence Northeasterly
along the arc of said curve, through a central angle of
18°05'23", a distance of 102.61 feet; thence South 44°54'08"
East, 121.58 feet; thence South 38°46'36" West, 77.53 feet;
thence South 10°42'56" West, 74.56 feet; thence South
16°59'23" East, 74.56 feet; thence South 45°03'03" East, 77.53
feet; thence South 62°57'12" East, 70.73 feet; thence South
73°45'49" East, 89.70 feet; thence South 65°07'34" East, 98.24
feet; thence South 55°57'20" East, 98.24 feet; thence South
46°46'59" East, 98.41 feet; thence South 38°04'31" East,
106.93 feet; thence South 21°57'58" West, 13.30 feet to the
point of curvature of a curve concave East having a radius of
100.78 feet, a central angle of 26°34'37", and a chord bearing
and distance of South 08°31'13" West, 46.33 feet; thence
Southerly along the arc of said curve a distance of 46.75 feet to
a point of reverse curvature of a curve concave Northwest
having a radius of 166.62 feet and a central angle of 68°17'04";
thence Southwesterly along the arc of said curve, a distance of
198.57 feet to the point of compound curvature of a curve,
concave North having a radius of 665.00 feet and a chord
bearing and distance of South 70°53'44" West, 168.73 feet;
thence Westerly along the arc of said curve, through a central
angle of 14°34'38", a distance of 169.19 feet to a point of
reverse curvature of a curve concave Southeast having a radius
of 50.00 feet and a central angle of 92°01'56"; thence
Southwesterly along the arc of said curve, a distance of 80.31
feet to a point of compound curvature of a curve concave East
having a radius of 1,340.56 feet and a central angle of
06°37'12"; thence Southerly along the arc of said curve, a
distance of 154.89 feet to a point of compound curvature of a
curve concave North having a radius of 50.00 feet and a central
angle of 105°35'45"; thence Easterly along the arc of said
curve, a distance of 92.15 feet; thence North 54°00'10" East,
157.26 feet to a point on the arc of a curve concave South
having a radius of 157.50 feet, a central angle of 82°30'10",
and a chord bearing and distance of South 84°44'44" East,
207.70 feet; thence Easterly along the arc of said curve a
distance of 226.79 feet; thence South 43°29'39" East, 91.36
feet to a point on the arc of a curve concave West having a
radius of 189.00 feet, a central angle of 86°47'49", and a chord
bearing and distance of South 00°05'45" East, 259.71 feet;
thence Southerly along the arc of said curve a distance of
286.31 feet to a point of compound curvature of a curve
concave Northwest having a radius of 530.90 feet and a central
angle of 24°02'38"; thence Southwesterly along the arc of said
curve, a distance of 222.79 feet to a point of reverse curvature
of a curve concave East having a radius of 50.00 feet and a
central angle of 104°14'28"; thence Southerly along the arc of
said curve, a distance of 90.97 feet to a point of reverse
curvature of a curve concave Southwest having a radius of
601.00 feet and a central angle of 10°53'40"; thence
Southeasterly along the arc of said curve, a distance of 114.28
feet to a point of reverse curvature of a curve concave North
having a radius of 50.00 feet and a central angle of 86°11'07";
thence Easterly along the arc of said curve, a distance of 75.21
feet; thence North 67°48'53" East, 101.50 feet to a point on the
arc of a curve concave South having a radius of 227.90 feet, a
central angle of 26°25'29", and a chord bearing and distance of
North 81°01'37" East, 104.18 feet; thence Easterly along the
arc of said curve a distance of 105.11 feet to a point of
compound curvature of a curve concave Southwest having a
radius of 132.50 feet and a central angle of 56°47'36"; thence
Southeasterly along the arc of said curve, a distance of 131.34
feet; thence South 28°58'03" East, 74.32 feet to a point on the
arc of a curve concave West having a radius of 144.00 feet, a
central angle of 91°36'50", and a chord bearing and distance of
South 16°50'22" West, 206.49 feet; thence Southerly along the
arc of said curve a distance of 230.25 feet; thence South
62°38'47" West, 131.11 feet to a point on the arc of a curve
concave East having a radius of 50.00 feet, a central angle of
82°36'31", and a chord bearing and distance of South
21°20'32" West, 66.01 feet; thence Southerly along the arc of
said curve a distance of 72.09 feet to a point of reverse
curvature of a curve concave West having a radius of 2234.64
feet and a central angle of 01°59'34"; thence Southerly along
the arc of said curve, a distance of 77.72 feet to the point of
reverse curvature of a curve concave Northeast having a radius
of 104.83 feet and a chord bearing and distance of South
32°42'55" East, 53.47 feet; thence Southeasterly along the arc
of said curve, through a central angle of 29°32'58", a distance
of 54.06 feet to the point of tangency of said curve, said point
being on the arc of a non-tangent curve concave North having a
radius of 62.03 feet and a chord bearing and distance of South
86°31'17" East, 78.95 feet; thence Easterly along the arc of
said curve, through a central angle of 79°04'28", a distance of
85.57 feet to the point of curvature of a curve concave South
having a radius of 518.63 feet and a chord bearing and distance
of North 68°44'26" East, 265.14 feet; thence Easterly along the
arc of said curve, through a central angle of 29°37'12", a
distance of 268.11 feet; thence North 88°26'21" East, 88.14
feet; thence North 70°54'23" East, 77.22 feet; thence South
45°04'59" East, 134.31 feet; thence South 38°55'40" East,
175.50 feet to the point on the arc of a non-tangent curve
concave North having a radius of 405.60 feet and a chord
bearing and distance of South 71°12'44" West, 329.03 feet;
thence Westerly along the arc of said curve, through a central
angle of 47°51'29", a distance of 338.79 feet to a point of
reverse curvature of a curve concave South having a radius of
180.00 feet and a central angle of 43°07'10"; thence Westerly
along the arc of said curve, a distance of 135.46 feet to a point
of reverse curvature of a curve concave North having a radius
of 359.00 feet and a central angle of 40°55'26"; thence
Westerly along the arc of said curve, a distance of 256.42 feet;
thence South 87°19'26" West, 12.72 feet; thence South
20°03'14" West, 65.99 feet; thence South 06°46'04" West,
65.11 feet; thence South 79°52'10" East, 15.34 feet; thence
South 11°19'01" East, 119.72 feet; thence South 07°48'58"
East, 52.62 feet; thence South 82°08'35" West, 273.79 feet to a
point on the aforesaid Westerly right-of-way line of Fairway
Road; thence North 01°02'42" West along said Westerly
right-of-way line, 108.48 feet to a point on the arc of a curve
concave West having a radius of 1,790.51 feet, a central angle
of 30°48'08", and a chord bearing and distance of North
16°26'46" West, 951.03 feet; thence Northerly along the arc of
said curve and said Westerly right-of-way line a distance of
962.58 feet; thence North 31°50'49" West along said
right-of-way line, 414.62 feet to a point on the arc of a curve
concave East having a radius of 1,660.00 feet, a central angle
of 24°16'23", and a chord bearing and distance of North
19°42'38" West, 698.00 feet; thence Northerly along the arc of
said curve and said Westerly Right-of-Way Line a distance of
703.25 feet; thence North 07°34'27" West, 566.77 feet to a
point on the arc of a curve concave West having a radius of
590.00 feet, a central angle of 04°21'33", and a chord bearing
and distance of North 09°45'13" West, 44.88 feet; thence
Northerly along the arc of said curve and said Westerly
right-of-way line a distance of 44.89 feet to the POINT OF
BEGINNING.
Containing 35.03 acres, more or less.
LESS AND EXCEPT:
Lot 31, Solivita – Phase VIB, according to the plat thereof, as
follows:
57°47’34” East along the Northwesterly line of said lot and the
Southeasterly Right-of-Way line of Amalfi Lane as shown on
said plat, 80.00 feet; thence South 32°15’06” East along the
Northeasterly line of said lot, 143.74 feet to a point on the arc
of a non-tangent curve concave Northwesterly having a radius
of 530.90 feet, a central angle of 08°40’30” and a chord of
80.30 feet that bears South 60°45’09” West; thence
Southwesterly along the arc of said curve and the
Northwesterly line of Tract P-E3, Solivita – Phase VIA,
according to the plat thereof, as recorded in Plat Book 131,
Pages 30 through 35 of the Public Records of Polk County,
Florida, 80.38 feet; thence North 32°10’20” West along the
Southwesterly line of said lot, 139.60 feet to the Point of
Beginning. Said lot contains 11,429 square feet, more or less.
ALL TOGETHER CONTAINING A TOTAL ACREAGE OF
3239.728 acres.
190.005, 190.046 FS. History–New 11-1-99, Amended_________.
Lisa Saliba
THE PROPOSED RULE: Lisa Saliba
PUBLISHED IN FAW: October 26, 2007
REGULATION
Construction Industry Licensing Board
RULE NO.:
RULE TITLE:
61G4-15.032
Certification of Swimming Pool
Specialty Contractors
amendment to extend the practical examination date.
SUMMARY: The rule amendment will extend the practical
examination date.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 455.217, 489.113(6), 489.108,
489.115(4) FS.
LAW IMPLEMENTED: 455.217, 489.113(6), 489.108,
489.115(4) FS.
PROPOSED RULE IS: G. W. Harrell, Executive Director,
Construction Industry Licensing Board, 1940 North Monroe
Street, Tallahassee, Florida 32399-0750
61G4-15.032 Certification of Swimming Pool Specialty
Contractors.
(3) Certification Procedures.
(a)1. through 2.d.I. No change.
II. Until January 1, 2009 2008, an applicant who
completes three (3) hours of board-approved continuing
education, consisting of one hour of workplace safety, one hour
of business practices, and one hour of workers’ compensation,
may qualify, if the applicant successfully passes a practical
examination for certification in the category of swimming pool
specialty contractor applied for in lieu of a written examination
for licensure.
(b) No change.
Specific Authority 455.217, 489.113(6), 489.108, 489.115(4) FS.
Law Implemented 455.217, 489.113(6), 489.108, 489.115(4) FS.
History–New 1-4-06, Amended________.
THE PROPOSED RULE: Construction Industry Licensing
Board
PUBLISHED IN FAW: September 21, 2007
REGULATION
RULE NOS.:
RULE TITLES:
61G15-20.001
Definitions
61G15-20.007
Demonstration of Substantial
Equivalency
PURPOSE AND EFFECT: For both Rules 61G15-20.001 and
61G15-20.007, F.A.C., it is to delete unnecessary language and
update existing language.
SUMMARY: In both Rules 61G15-20.001 and 61G15-20.007,
F.A.C., unnecessary language is deleted and existing language
is updated.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 471.008, 471.013(1)(a) FS.
PROPOSED RULE IS: Carrie Flynn, Executive Director,
Board of Professional Engineers, 2507 Callaway Road, Suite
200, Tallahassee, Florida 32301
As used hereinafter in this chapter the following words or
phrases shall be defined as follows:
(1) No change.
(2) “Board approved engineering programs” shall mean:
(a) No change.
(b) In the case of an applicant who did not graduate from
an approved program as set forth in paragraph (2)(a) above,
and who either:
1. Holds a post-baccalaureate degree from a school or
college in the United States which has an EAC/ABET
accredited engineering program in a related discipline at the
baccalaureate level, or
2. Holds a baccalaureate degree from an engineering
program that is not accredited by EAC/ABET, provided the
applicant meets the educational requirements set forth in can
demonstrate substantial equivalency to an EAC/ABET
accredited program pursuant to subsection 61G15-20.007(1)
(2), F.A.C., or
(c) No change.
Specific Authority 471.013(1)(a) FS. Law Implemented 471.013(1)(a)
FS. History–New 1-8-80, Amended 4-15-80, 7-7-83, 9-13-83,
Formerly 21H-20.01, Amended 4-20-86, 8-3-86, 5-20-92, 2-2-93,
.
Formerly 21H-20.001, Amended 11-19-03, 3-13-05, 4-9-07,
61G15-20.007 Demonstration of Substantial Equivalency.
(1) Applicants having engineering degrees from programs
that are not accredited by EAC/ABET shall be required to
document substantial equivalency to an EAC/ABET accredited
engineering program.
(2) In order to document and prove substantial
equivalency to an EAC/ABET accredited engineering
program, the applicant must demonstrate:
Specific Authority 471.008 FS. Law Implemented 471.013, 471.015
FS. History–New 7-20-95, Amended 6-5-96, 4-16-98, 1-17-99,
7-28-99, 1-6-02, 6-13-02, 6-30-02, 10-2-03, 6-16-04, 3-13-05, 5-1-05,
.
6-11-06, 1-29-07, 4-9-07,
THE PROPOSED RULE: Board of Professional Engineers
REGULATION
RULE NO.:
RULE TITLE:
61G15-23.002
Seal, Signature and Date Shall Be
Affixed
PURPOSE AND EFFECT: Purpose and effect is to delete
unnecessary language and update existing language.
SUMMARY: Unnecessary language is deleted and existing
language is updated.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
61G15-23.002 Seal, Signature and Date Shall Be Affixed.
(1) No change.
(2) Each sheet of plans and prints which must be sealed
under the provisions of Chapter 471, F.S., shall be sealed,
signed and dated by the professional engineer in responsible
charge. Engineers shall legibly indicate their name, address,
and license number on each sheet. If practicing through a duly
authorized engineering business, engineers shall legibly
indicate their name and license number, as well as, the name,
address, and certificate of authorization number of the
engineering business on each sheet. A title block shall be used
on each sheet containing the printed name, address, and license
number of the engineer or if applicable, the name and license
number of the engineer, and if practicing through a duly
authorized engineering business, the name, address and
certificate of authorization number of the engineering business.
will satisfy this requirement. Engineers working for local, State
or Federal Government agencies shall legibly indicate their
name and license number, and may indicate the name and
address of the agency. A cover or index sheet for engineering
specifications may be used and that sheet must be signed,
sealed and dated by those professional engineers in responsible
charge of the production and preparation of each section of the
engineering specification, and if practicing through a duly
authorized engineering business, the name, address and
certificate of authorization number of the engineering business,
with sufficient information on the cover sheet or index so that
the user will be aware of each portion of the specifications for
which each professional engineer is responsible. Engineering
reports must be signed, sealed and dated on a signature page or
cover letter by each professional engineer who is in responsible
charge of any portion of the report, and if practicing through a
duly authorized engineering business, the name, address and
certificate of authorization number of the engineering business.
A professional engineer may only seal an engineering report,
plan, print or specification if that professional engineer was in
responsible charge of the preparation and production of the
engineering document and the professional engineer has the
expertise in the engineering discipline used in producing the
engineering document in question.
Specific Authority 471.025 FS. Law Implemented 471.025 FS.
History–New 1-8-80, Amended 1-20-85, Formerly 21H-23.02,
Amended 5-14-86, Formerly 21H-23.002, Amended 11-15-94,
.
8-18-98, 2-3-00, 2-22-01, 2-5-04,
REGULATION
RULE NOS.:
RULE TITLES:
61G15-32.001
61G15-32.002
Definitions
61G15-32.003
Common Requirements to All Fire
Protection Engineering Documents
61G15-32.008
Design of Fire Alarms, Signaling
Systems and Control System
Rule 61G15-32.002, F.A.C., it is to add a new requirement
with regard to Fire Protection Delegated Engineering
Documents; for Rule 61G15-32.003, F.A.C., it is to add new
requirements for Fire Protection Electrical Engineering
Documents; for Rule 61G15-32.008, F.A.C., it is to replace old
definitions of fire alarms, signaling, and control systems with
new definitions and to establish new requirements for such fire
alarms, signaling, and control systems.
SUMMARY: In Rule 61G15-32.001, F.A.C., existing language
is clarified and tasks for which an Engineer of Record is
responsible are added; in Rule 61G15-32.002, F.A.C., a new
requirement with regard to Fire Protection Delegated
Engineering Documents is added; in Rule 61G15-32.003,
F.A.C., new requirements for Fire Protection Electrical
Engineering Documents are added; in Rule 61G15-32.008,
F.A.C., old definitions of fire alarms, signaling, and control
systems are replaced with new definitions and new
requirements for such fire alarms, signaling, and control
systems are established.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
LAW IMPLEMENTED: 471.005(7), 471.033 FS.
PROPOSED RULES IS: Carrie Flynn, Executive Director,
Fire protection engineering documents shall be prepared
utilizing in accordance with applicable technologies
technology and shall comply with the requirements of the
authority having jurisdiction. The documents shall identify the
Engineer of Record for the project. Both the Eengineer of
Rrecord for the fire protection system and the delegated
engineer, if utilized, shall comply with the requirements of the
general responsibility rules, Chapter 61G15-30, F.A.C., and
with the requirements of the more specific rules contained
herein. The Engineer of Record for the Fire Protection
System(s) shall provide design requirements in writing to the
delegated engineer if one is used and shall review the design
documents of the delegated engineer for conformance to his
written instructions in accordance with Rule 61G15-30.005,
F.A.C. Any Fire Protection Delegated Engineering Documents
must be included in the final set of documents filed for permit.
Amended________.
(10) Fire Protection Delegated Engineering Documents.
Fire Protection System Engineering Documents prepared by a
delegated engineer to whom the Engineer of Record for the
Fire Protection System has delegated responsibility for the
design of a fire protection component or system and which are
signed sealed and dated by the delegated engineer.
471.005(7), 471.033(2) FS. History–New 5-19-93, Formerly
21H-32.002, Amended 4-2-00, 6-26-01,_______.
61G15-32.003 Common Requirements to All Fire
Protection Engineering Documents.
(9) Fire Protection Electrical Engineering Documents shall
additionally meet the requirements of 61G15-30.003,
Engineering Documents.
471.005(7), 471.033(2) FS. History–New 5-19-93, Formerly
21H-32.003, Amended 4-2-00, 6-26-01,________.
(Substantial rewriting of Rule 61G15-32.008 follows. See
Florida Administrative Code for present text.)
61G15-32.008 Design of Fire Alarms, Signaling Systems
and Control System.
(1) Fire alarms, signaling and control system include but
are not limited to fire protection supervision, emergency alarm
circuits, activation of life safety system controls and remote
signaling of emergency conditions.
(2) The design specifications shall be based on applicable
codes, when applicable, or alternate engineering sources
including published underwriter’s engineering documents, and
sound engineering practices.
(3) For fire alarm plans on small systems below the
threshold requirements for mandatory use of professional
engineering services, the Engineer of Record shall specify the
minimum system requirements.
(4) To ensure minimum design quality of Fire Alarm
Signaling and Control Systems Engineering Documents, said
documents shall include as a minimum the following
information when applicable:
(a) The plans shall be clear, with a symbols legend, system
riser diagram showing all initiation and notification
components, and cabling requirements. Indicate locations
where fire ratings are required as determined by the system's
survivability requirements. Identify the general occupancy of
the protected property, and for each rooms and area unless it is
clear from features shown.
(b) Locate initiation and notification devices and
connections to related systems on the floor plans and sections
when needed for clarity). Related systems include, but are not
limited to sprinkler systems, elevator controls, smoke control
systems, dampers, and doors.
(c) Strobe intensity and speaker output ratings for all
notification devices.
(d) Identify the Class and Style of circuits as listed in the
NFPA 72.
(e) Identify the functions required by the alarm and control
systems including the transmission of emergency signals being
monitored or annunciated.
(f) Indicate whether the fire alarm is conventional or
addressable, and indicate all zoning.
(g) Locate surge protective devices and required protective
features.
(h) Locate system devices that are subject to
environmental factors, and indicate requirements for the
protection of equipment from temperature, humidity or
corrosive atmospheres, including coastal salt air.
(i) The plans shall include a site plan of the immediate
area around the protected building, structure or equipment
when alarm devices are required outside the structure.
(j) In buildings were smoke detection will be obstructed by
walls, beams or ceiling features, the Engineer of Record shall
provide applicable design and details to direct the installer to
mitigate the obstructions. In buildings with smoke detection
under a pitched roof, the plans shall indicate the roof pitch and
a building section shall be provided as part of the Engineering
Design Documents.
(k) Fire detection systems utilizing smoke detection in
situations where smoke stratification is anticipated, the design
shall provide the necessary criteria to mitigate the problem.
(l) Systems designed using Performance Based criteria
shall be identified and referenced to design guides or standards
acceptable to the Florida State Fire Marshal or the Florida
Building Code.
(m) The system design must indicate if the system is to
provide a general evacuation signal or a zoned evacuation for
all high-rise buildings or multi-tenanted properties.
(n) Wiring requirements for underground, wet locations,
campus style wiring, protection against damage and burial
depth shall be specified or indicated on the engineering design
documents.
(o) Complete requirements for operations and
maintenance procedures, manuals, system documentation, and
instruction of Owner's operating personnel, as needed to
operate the systems as intended over time.
(5) In the event that the Engineer of Record elects to
specify specific equipment and to show the required wiring,
battery and voltage drop (circuit analysis) calculations shall be
completed. The calculations shall be completed using the
equipment manufacture’s data and applicable NFPA 72
procedures.
(6) System test requirements shall be noted on the
Engineering Design Documents.
(7) When the engineer determines that special
requirements are required by the owner, insurance underwriter
or local fire code amendments these requirements shall be
documented or referenced on the Engineering Design
Documents.
Amended________.
REGULATION
RULE NOS.:
RULE TITLES:
61G15-34.001
61G15-34.002
Definitions
61G15-34.003
Design of Heating Ventilation and
Air Conditioning Systems
61G15-34.007
Design of Plumbing Systems
Rule 61G15-34.002, F.A.C., it is to clarify and amend existing
definitions and add a new definition for Mechanical Delegated
Engineering Documents; for Rule 61G15-34.003, F.A.C., it is
to delete unnecessary language and add new requirements with
respect to Mechanical Engineering Documents; for Rule
61G15-34.007, F.A.C., it is to clarify existing language.
SUMMARY: In Rule 61G15-34.001, F.A.C., existing language
is clarified and tasks for which an Engineer of Record is
responsible are added; in Rule 61G15-34.002, F.A.C., existing
definitions are clarified and amended and a new definition is
added for Mechanical Delegated Engineering Documents; in
Rule 61G15-34.003, F.A.C., unnecessary language is deleted
and new requirements with respect to Mechanical Engineering
Documents are added; in Rule 61G15-34.007, F.A.C., existing
language is clarified.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
Mechanical Engineering Documents shall be prepared utilizing
in accordance with the applicable technologiesy and shall
comply with the requirements of the authority having
jurisdiction. The documents shall identify the Engineer of
Record for the mechanical systems project. Mechanical
Engineering documents shall demonstrate compliance be
prepared in accordance with the requirements of the applicable
codes and standards as defined herein. The Engineer of Record
is responsible for determining the applicability of appropriate
codes and standards for a given project. In the event the codes
and standards fail to cover or address a specific requirement or
situation, alternative research, test results, engineering data,
and engineering calculations shall be utilized. New technology
may be utilized when said technology has been demonstrated
to provide equivalent or improved performance. Construction
documents shall indicate the nature and character of
mechanical work and shall describe, label and define the
required mechanical systems components, processes,
equipment and material and its structural utility support
systems. Both the Engineer of Record for the Mechanical
System and the Delegated Engineer if utilized, shall comply
with the requirements of the general responsibility Rules,
61G15-30, F.A.C., and with the requirements of the specific
rules contained herein. The Engineer of Record for the
Mechanical System(s) shall provide design requirements in
writing to the delegated engineer if one is used and shall
review the design documents of the delegated engineer for
conformance to his written instructions in accordance with
Rule 61G15-30.005, F.A.C. Any Mechanical Delegated
Engineering Documents must be included in the final set of
documents filed for permit.
471.033 FS. History–New 11-16-94, Amended
.
(1) Engineer of Record for the Mechanical Systems. The
Florida Registered Professional Engineer who is in responsible
charge for the preparation, signing, dating, sealing and issuing
of any engineering document(s) for develops the mechanical
systems design criteria or performs the analysis and is
responsible for the preparation of the mechanical documents
for the project.
(5) Mechanical Engineering Documents. All The
mechanical drawings, specifications, reports, calculations, data
and other documents utilized to establish setting forth the
overall design and requirements for the construction,
alteration, modernization, repair, demolition, arrangement,
and/or use of the mechanical system(s), or analysis or
recommendations, as prepared by the Engineer of Record for
the mechanical system. Mechanical Engineering Documents
shall additionally meet the requirements of Rule
61G15-30.003, F.A.C., Engineering Documents.
(6) Mechanical Shop Drawings Submittals. Submittals,
catalog information on standard products, or drawings
prepared solely to serve as a guide for fabrication and
installation and requiring no engineering input. These
submittals do not require the seal of a Florida Registered
pProfessional eEngineer.
(7) Codes and Standards. Those nationally recognized
Codes and Standards adopted directly or by reference in Part II,
Chapter 553, Florida Statutes. Florida Building Code
(including Florida Energy Efficiency Code, Chapter 13) and
Florida Fire Code. Applicable codes and standards are those
promulgated by the State Fire Marshal and those required by
the state and local authorities having jurisdiction. These codes
and standards include those published by the National Fire
Protection Association (NFPA), The American Society of
Heating, Refrigerating, and Air Conditioning Engineers
(ASHRAE), The American Society for Testing Materials
(ASTM), American Society for Mechanical Engineers
(ASME), National Electrical Manufacturers Association
(NEMA), American National Standards Institute (ANSI),
Underwriters’ Laboratories (UL), American Society of
Plumbing Engineers (ASPE), Sheet Metal and Air
Conditioning Contractor's Association (SMACNA), American
Movement and Control Association (AMCA), Air
Conditioning and Refrigeration Institute (ARI), SBCCA
Mechanical and Plumbing Codes, Florida Energy Code, State
Building Codes.
(8) Mechanical Delegated Engineering Documents.
Mechanical Engineering Documents prepared by a delegated
engineer to whom the Engineer of Record for the Mechanical
System has delegated responsibility for the design of a
mechanical component or system and which are signed sealed
and dated by the delegated engineer.
471.033 471.030 FS. History–New 11-16-94, Amended 2-5-96,
_________.
61G15-34.003 Design of Heating Ventilation and Air
Conditioning Systems.
(1) Heating, Ventilating, and Air Conditioning (HVAC)
Systems include, but are not limited to are those systems that
control the temperature and/or humidity, and/or mechanical
ventilation of a particular space or building. Items to be
considered in the design and analysis of these systems are
ambient dry and wet bulb temperatures, inside dry and wet
bulb temperatures, inside design humidity, fresh air makeup,
internal heat gains from any sources. Ventilation systems shall
be designed to remove foul odors from a space or building, or
to remove space heat from equipment rooms.
(2) All HVAC systems shall be designed in accordance
with the Florida Codes, and reference standards ASHRAE
Standards and Building Code as adopted by the authority
having jurisdiction. The HVAC systems shall be designed and
operated such that the entire building is under positive or
neutral pressure when all primary HVAC systems are
operating.
(2) Mechanical Engineering documents applicable to
HVAC systems shall, where applicable, include but are not
limited to the following:
(a) Equipment selection schedule for each piece of
mechanical equipment. All equipment shall have capacities
listed including efficiencies, electrical or fuel requirements,
static pressure and fan air quantities as applicable to the
system, fluid flow and pressure head quantities as applicable to
the system, and heat transfer capacities.
(b) Floor plans; site plans; and building and mechanical
system elevations as appropriate.
(c) Outside (fresh) air make-up conditions.
(d) Cooling coil requirements based on sensible heat,
latent heat and total heat gains.
(e) Heating equipment requirements.
(f) Outside and inside design dry and wet bulb conditions.
(g) Exhaust riser diagrams.
(h) Outside air riser diagrams.
(i) Process flow diagrams with pipe sizes and fluid flow
quantities.
(j) Condensate discharge piping with pipe sizes.
(k) Instrumentation and Control System diagrams and
sequence of operation.
(l) Ductwork layout and sizing; insulation, supply, return,
and exhaust inlet and outlet sizes; and outside air intake sizes.
Air quantities shall be specified for inlets and outlets.
(m) Florida Energy Code calculations as applicable.
(n) NFPA Standards and all required fire protection
devices and systems.
(3) The Engineer of Record shall determine the level of
detail shown on plans for a HVAC system for mechanical
engineering plans pertaining to HVAC systems exempted by
the threshold requirements for mandatory use of professional
engineering services. All such plans shall provide a clear
understanding of the minimum system requirements expected
to be installed by the contractor.
(4) For Mechanical Engineering Documents pertaining to
HVAC systems that exceed the threshold requirements for
mandatory use of professional engineering services, the plans
shall have the following minimum indicate the following:
(a) Demonstrate and provide adequate information for the
AHJ to determine compliance with codes and ordinances.
These may include test methods and results; data and
tabulations for Energy Conservation that are results of the
design.
(b) Equipment selection schedule for each piece of
mechanical equipment. All equipment shall have capacities
listed including efficiencies, electrical or fuel requirements,
static pressure and fan air quantities as applicable to the
system, fluid flow and pressure head quantities as applicable to
the system, and heat transfer capacities.
(c) Floor plans; site plans; and building and mechanical
system elevations as appropriate.
(d) Outside (fresh) air make-up conditions.
(e) Cooling coil requirements based on sensible heat,
latent heat and total heat gains.
(f) Heating equipment requirements.
(g) Outside and inside design dry and wet bulb conditions.
(h) Exhaust riser diagrams on buildings more than three
stories when ductwork travels vertically.
(i) Outside air riser diagrams on buildings more than three
stories when ductwork travels vertically.
(j) Process flow diagrams with pipe sizes and fluid flow
quantities.
(k) Condensate discharge piping layout with pipe sizes.
(l) Instrumentation and Control System diagrams and
sequence of operation.
(m) Ductwork layout and sizing; insulation requirements,
supply, return, and exhaust inlet and outlet sizes; and outside
air intake sizes. Air quantities shall be specified for inlets and
outlets.
(n) All data needed to complete the Florida Energy Code
calculations as applicable.
(o) A list of referenced NFPA Standards and layouts of all
required fire protection devices and systems.
(p) Building pressurization criteria.
.
61G15-34.007 Design of Plumbing Systems.
(1) No change.
(2) Mechanical Engineering Documents applicable to
Plumbing Systems shall when applicable, include but are not
(c) Potable Water iIsometric diagrams with pipe sizes and
total water fixture units.
(d) through (m) No change.
.
REGULATION
Board of Accountancy
RULE NOS.:
RULE TITLES:
61H1-22.0081
Standards for Florida Single Audit
Act Audits for Nonprofit and
For-Profit Organizations
61H1-22.0082
Standards for Audits of Certain
Nonprofit Organizations
61H1-22.0083
Standards for Audits of District
School Boards
61H1-22.0084
Standards for Audits of Charter
Schools and Similar Entities
promulgations in order to specify the standards for various
types of audits.
SUMMARY: The standards for various types of audits will be
specified.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 473.304, 473.315 FS., Chapter
79-202, Laws of Florida.
LAW IMPLEMENTED: 473.315 FS., Chapter 79-202, Laws
of Florida.
PROPOSED RULES IS: Veloria Kelly, Division Director,
Board of Accountancy, 240 N. W. 76th Dr., Suite A,
Gainesville, Florida 32607
61H1-22.0081 Standards for Florida Single Audit Act
Audits for Nonprofit and For-Profit Organizations.
Licensees performing accounting services in connection with
Standards for Florida Single Audit Act Audits for Nonprofit
and For-Profit Organizations required by Section 215.97,
Florida Statutes to be filed with the Auditor General of the
State of Florida shall comply with the standards set forth in
Chapter 10.650, Rules of the Auditor General of the State of
Florida. Departures from such standards must be justified by
those who do not follow them.
Specific Authority 473.304, 473.315 FS. Law Implemented 473.315
61H1-22.0082 Standards for Audits of Certain Nonprofit
Organizations.
Standards for Audits of Certain Nonprofit Organizations
required by Sections 215.981(1), 1001.453(4), 1004.28(5), or
1004.70(6), Florida Statutes to be filed with the Auditor
General of the State of Florida shall comply with the standards
set forth in Chapter 10.700, Rules of the Auditor General of the
State of Florida. Departures from such standards must be
justified by those who do not follow them.
FS. History–New__________.
61H1-22.0083 Standards for Audits of District School
Boards.
Standards for Audits of District School Boards required by
Sections 11.45 or 218.39, Florida Statutes to be filed with the
Auditor General of the State of Florida shall comply with the
standards set forth in Chapter 10.800, Rules of the Auditor
General of the State of Florida. Departures from such standards
must be justified by those who do not follow them.
61H1-22.0084 Standards for Audits of Charter Schools
and Similar Entities.
Standards for Audits of Charter Schools and Similar Entities
required by Sections 218.39 or 1002.37, Florida Statutes to be
filed with the Auditor General of the State of Florida shall
comply with the standards set forth in Chapter 10.850, Rules of
the Auditor General of the State of Florida. Departures from
such standards must be justified by those who do not follow
them.
THE PROPOSED RULE: Board of Accountancy
RULE NOS.:
RULE TITLES:
62-814.100
Intent, Findings, Basis of Standards,
and Research Needs
62-814.300
General Technical Requirements
62-814.450
Electric and Magnetic Field
Standards
PURPOSE AND EFFECT: Implementation of subsections.
403.061(30) and 403.523(10), F.S.
SUMMARY: The Department of Environmental Protection is
authorized to regulate electric and magnetic fields (EMF) from
transmission lines as indicated in Florida Statute 403.061(30).
The rule implementing the statute is outdated and requires
updates in the following three areas, addressed in this proposed
rule: (1) The elimination of a rule exemption for a specific
transmission line which was never actually constructed; (2)
The inclusion of standards for transmission lines with voltages
above 500,000 volts; and (3) The elimination of an annual
review and report on the state of science with respect to
electromagnetic fields.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
LAW IMPLEMENTED: 403.061(30), 403.523(14) FS.
PROPOSED RULES IS: Mr. Mike Halpin, P.E. at
(850)245-8002 or mike.halpin@dep.state.fl.us
62-814.100 Intent, Findings, Basis of Standards, and
Research Needs.
(1) No change.
(2) Findings. Based on the information available to the
Department, the Department makes the following general
findings:
(a) The Department has reviewed the present scientific
data on the potential for health effects of electric and magnetic
fields. The Department has also reviewed data on the existing
or potential electric and magnetic field levels near electrical
transmission and distribution lines and substations in Florida.
Although there is no conclusive evidence that there is any
danger or hazard to public health at the levels of existing 60
hertz electric and magnetic fields found in Florida, there is
evidence of biological effects and a potential for adverse health
effects on the public. Further research is needed to determine if
there are health effects and the exposure levels at which such
effects may occur.
(b) With respect to 60 hertz EMF, reasonable measures
include urging more applied research on the potential adverse
human health effects of EMF and EMF mitigation techniques;
performing a comprehensive review of the state of the science
and submitting annual reports to the Environmental Regulation
Commission commencing in 1993; reviewing the provisions of
this rule not later than July of 1994; and requiring all new and
modified transmission lines and substations to meet standards
which are achievable through the use of available EMF
reduction technology and measures, but in no case to allow any
new or modified transmission line or substation, under normal
conditions, to cause electric or magnetic field strengths greater
than the highest operating voltage and the maximum current
rating (MCR) values for existing transmission lines and
substations.
(3) No change.
(4) Additional Research Needed. Continued research is
needed on the potential adverse human health and welfare
effects of 60 hertz EMF and EMF mitigation techniques
because existing knowledge is inadequate to confidently
conclude that no further action is needed.
(4)(5) Categories of Electrical Facilities. This chapter sets
forth three categories of electrical facilities for regulation in
regards to the electric and magnetic fields associated with these
facilities.
(a) The first category is for existing electrical facilities on
which construction was commenced prior to March 21, 1989,
and new distribution lines. These facilities will be allowed to
operate in accordance with subsection 62-814.400(2), F.A.C.
(b) The second category of electrical facilities is for those
which were certified pursuant to Chapter 403, Part Two,
Florida Statutes, after April 15, 1988, but before March 21,
1989. These facilities will be subject to specific standards
moderated by the individual circumstances of the facility.
(c) The third category is for new transmission lines and
substations the construction of which commenced after March
21, 1989.
(5)(6) Effect of Rule. The effect of this chapter is to
establish requirements to reasonably protect the public health
and welfare from electric and magnetic fields associated with
electrical transmission lines, distribution lines and substations.
403.061(30), 403.523(14) FS. History–New 3-21-89, Amended
1-7-93;
Formerly
17-274.100,
Formerly
17-814.100,
Amended_________.
62-814.300 General Technical Requirements.
(3) Copies of the publications listed in subsection (2) are
available for inspection at the Department's Information
Center, 2600 Blair Stone Road, Tallahassee, Florida,
32399-2400.
1-7-93, Formerly 17-274.300, Formerly 17-814.300, Amended
_________.
62-814.450 Electric and Magnetic Field Standards.
(1) No change.
(2) Transmission lines certified pursuant to Chapter 403,
Part Two, Florida Statutes, after April 15, 1988, and prior to
March 21, 1989.
(a) For the Lake Tarpon - Kathleen transmission line
where the ROW width is 100 feet:
1. The maximum electric field at the edge of the ROW
shall not exceed 1.56 kV/m and on the ROW shall not exceed
8.94 kV/m.
2. The peak daily magnetic field at the edge of the ROW
shall be limited to 35 milliGauss under normal load conditions.
Under load conditions in excess of 500 MW, the peak daily
magnetic field shall be limited to 229 milliGauss. Load
conditions in excess of 500 MW shall occur for no more than
15 hours in any given year, except for non-permanent load
conditions caused by malfunction or maintenance outages in
the transmission grid or generation facilities within or outside
of Florida. Florida Power Corporation shall report annually to
the Department the amount of time during which the 500 MW
normal load condition was exceeded.
(b) For the Lake Tarpon –Kathleen transmission line
where the ROW width is 190 feet:
1. The maximum electric field at the edge of the ROW
shall not exceed 1.90 kV/m and on the ROW shall not exceed
8.80 kV/m.
2. The peak daily magnetic field at the edge of the ROW
shall be limited to 24 milliGauss under normal load conditions.
Under load conditions in excess of 500 MW, the peak daily
magnetic field shall be limited to 154 milliGauss. Load
conditions in excess of 500 MW shall occur for no more than
15 hours in any given year, except for non-permanent load
conditions caused by malfunction or maintenance outages in
the transmission grid or generation facilities within or outside
of Florida. Florida Power Corporation shall report annually to
the Department the amount of time during which the 500 MW
normal load condition was exceeded.
(2)(3) New transmission lines and substations.
(a) The maximum electric field at the edge of the
transmission line ROW containing a 500 kV nominal voltage
or less transmission line or at the property boundary of a new
substation containing facilities operating at these voltages shall
not exceed 2.00 kV/m.
(b) The maximum electric field at the edge of the
transmission line ROW for a line with a nominal voltage
greater than 500 kV or at the property boundary of a new
substation containing facilities operating at these voltages shall
not exceed 5.50 kV/m.
(c)(b) The maximum electric field on the ROW of a 230
kV or smaller transmission line shall not exceed 8 kV/m.
(d)(c) The maximum electric field on the ROW of a 500
kV transmission line with a nominal voltage greater than 230
kV and up to 500 kV shall not exceed 10 kV/m.
(e) The maximum electric field on the ROW of a
transmission line greater than 500 kV shall not exceed 15
kV/m.
(f)(d) The maximum magnetic field at the edge of a 230
kV or smaller transmission line ROW or at the property
boundary of a new substation serving such lines shall not
exceed 150 milliGauss.
(g)(e) The maximum magnetic field at the edge of the
transmission line ROW for a transmission line with a nominal
voltage greater than 230 kV and up to 500 kV 500 kV line or at
the property boundary of a new substation containing facilities
operating at these voltages serving a 500 kV line shall not
exceed 200 milliGauss, except for double circuit 500 kV lines
to be constructed on ROWs existing on March 21, 1989, as
identified below where the limit will be 250 milliGauss.
(h) The maximum magnetic field at the edge of the
transmission line ROW for a transmission line with a nominal
voltage greater than 500 kV or at the property boundary of a
new substation containing facilities operating at these voltages
shall not exceed 250 milliGauss.
(i)(f) For existing ROWs extending from the Andytown
substation to the Orange River substation, Andytown
substation to the Martin Generating Plant, and the Martin
Generating Plant to the Midway substation, where the facility
owner has acquired, prior to March 21, 1989, a ROW
sufficiently wide for two or more 500 kV transmission lines
and has constructed one or more 500 kV transmission lines on
this ROW prior to March 21, 1989, the maximum magnetic
field at the edge of the ROW or property boundary of a new or
modified substation shall not exceed 250 milliGauss.
<+250 kV
<=500 kV and > 230 kV
Table of New Transmission Line and Substation Standards
Property Boundary of new Edge of Transmission Line
Substation
Right-of-Way
2.00 kV/m & 150 milliGauss 2.00 kV/m & 150 milliGauss
2.00 kV/m & 200 milliGauss 2.00 kV/m & 200 milliGauss
On the Transmission Line
Right-of-Way
8 kV/m
10 kV/m
>500 kV
2.00 kV/m & 250 milliGauss
15 kV/m
KV Rating
Footnote 1: Except as provided in paragraphs (2)(g) and (2)(i).
1-7-93,
Formerly
17-274.450,
Formerly
17-814.450,
Amended_________.
Mike Halpin
THE PROPOSED RULE: Jeremy Susac
HEAD: September 12, 2007
DEPARTMENT OF JUVENILE JUSTICE
Residential Services
RULE NOS.:
RULE TITLES:
63E-7.013
Safety and Security
63E-7.016
Program Administration
PURPOSE AND EFFECT: The rule establishes the
requirements for the administration and operation of state
operated and contracted residential commitment programs for
juvenile offenders.
SUMMARY: The rule sections address safety and security in
the physical plant, in daily operations, and in crisis situations.
In addition to physical security features, key control, escape
2.00 kV/m & 250 milliGauss
prevention and control of contraband, the rule addresses
facility staffing and supervision, offender classification,
controlled observation, transportation, mail and visitation, and
other aspects of a safe and secure facility environment. The
rule also addresses program administration, including required
reporting, the keeping of logbooks, records management, audit
and review, and staff evaluation.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC
AUTHORITY:
985.64,
985.601(3)(a),
985.441(1)(b), 985.03(44) FS.
LAW IMPLEMENTED: 985.601(3)(a), 985.441(1)(b) FS.
DATE AND TIME: Friday, January 4, 2008, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General
Counsel’s Conference Room 3223, Tallahassee, Florida
PROPOSED RULES IS: Lydia Monroe, 2737 Centerview Dr.,
Ste.
3200,
Tallahassee,
FL
32399-3100,
e-mail:
lydia.monroe@djj.state.fl.us
63E-7.013 Safety and Security.
(1) Physical Security Features. A residential commitment
program shall provide physical security features as required
pursuant to Chapter 985, F.S., the provider’s contract with the
department, if applicable, and the following provisions based
on the restrictiveness level of the program:
(a) Although a low-risk program is not required to be
physically secure, authorized features include delay-open door
alarms, window alarms, electronic search devices, video
surveillance equipment, radio or cellular phone communication
devices for staff, and exterior lighting.
(b) A moderate-risk program shall be environmentally
secure, staff secure, or hardware-secure with walls, fencing, or
locking doors.Additionally, the following security features are
authorized, but not required, for a moderate-risk program:
1. Security fencing with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a
manual override capability if locks are electronic;
3. Secure windows of break-resistant or screened glass;
4. Delay open door and window alarms;
5. Camera surveillance system;
6. Secure sally port;
7. Secure pedestrian gate;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for
staff.
(c) A high-risk program shall provide security features that
include a minimum of 12-feet high perimeter fencing, with an
inside overhang or razor wire; door locks on entry, exit and
passage doors, with a manual override capability if locks are
electric; secure windows of break-resistant or screened glass;
and exterior security lighting. A high-risk program shall also
provide radio or cellular phone communication devices for
staff.Additionally, the following security features are
authorized, but not required, for a high-risk program:
1. Camera surveillance system;
2. Secure sally port;
3. Secure pedestrian gate; and
4. Electronic search equipment.
(d) A maximum-risk program shall provide the following
security features:
1. Perimeter security fencing of at least 12 feet in height,
with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a
manual override capability if locks are electronic;
3. Camera surveillance system, with inside and outside
cameras and taping capability;
4. Sally port with intercom capability;
5. Secure pedestrian gate with intercom capability;
6. Secure windows that are break-resistant or screened
glass;
7. Sleeping room doors that open out;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for
staff.
(2) Staffing Ratios. Any low-risk residential commitment
program of more than five beds, and any moderate-risk,
high-risk, and maximum-risk restrictiveness level program
shall provide awake staff supervision 24 hours per day.
(a) Establishment of staff-to-youth ratios for each
contracted or state-operated program shall be based on the
following factors:
1. Restrictiveness level of the program;
2. Special needs of the targeted population; and
3. Facility layout or physical plant design.
(b) Staff-to-youth ratios in a privately operated residential
commitment program shall be provided as specified in the
provider’s contract with the department and shall be monitored
for compliance by the residential monitor designated by the
department.
(c) Staff-to-youth ratios in a state-operated program shall
be specified in the department’s monitoring plan for the
program and shall be monitored for compliance by the
residential monitor designated by the department.
(3) Supervision of Youth. All residential commitment
program staff shall promote safety and security by maintaining
active supervision of youth to include interacting positively
with youth, engaging youth in a full schedule of constructive
activities, closely observing behavior of youth and changes in
behavior, and consistently applying the program’s behavior
management system.
(a) Program staff shall account for the whereabouts of
youth under their supervision at all times.
1. Each program shall ensure that staff conduct and
document resident counts minimally at the beginning of each
shift, after each outdoor activity, and during any emergency
situation, escape incident or riot.
2. Each program shall track daily census information to
include, at a minimum, the total daily census count, new
admissions, releases or direct discharges, transfers, and youth
temporarily away from the program.
3. If, at any time, program staff cannot account for any
youth’s whereabouts or they find discrepancies between
resident counts and the tracking of daily census information,
the program shall reconcile immediately and take follow-up
action as needed.
(b) A residential commitment program shall ensure that
staff observe youth at least every ten minutes while they are in
their sleeping quarters, either during sleep time or at other
times, such as during an illness or room restriction. Staff shall
conduct the observations in a manner to ensure the safety and
security of each youth and shall document real time
observations manually or electronically.
(4) Procedures. A residential commitment program shall
develop and implement written facility operating procedures or
protocols addressing safety and security.
(5) Safe and Secure Facility. A residential commitment
program shall maintain a safe and secure physical plant,
grounds and perimeter and shall:
(a) Conduct weekly security audits and safety inspections;
(b) Develop and implement corrective actions warranted
as a result of safety and security deficiencies found during any
internal or external review, audit, or inspection; and
(c) Verify that deficiencies are corrected as follows and
existing systems are improved or new systems are instituted as
needed to maintain compliance.
1. Immediate initiation of corrective actions necessary to
eliminate any imminent threat to life and safety or any
impending security breach; and
2. Initiation of other corrective actions needed within at
least 30 days;
(6) Audio or Video Recordings. A residential commitment
program that has any on-site video or audio system with
recording capability shall maintain at least a 90-day history of
recordings unless the equipment does not have the capacity to
maintain a 90-day history, in which case the program shall
maintain the recordings at least 30 days or longer if within the
equipment’s capacity.
(7) Classification of Youth. A residential commitment
program shall establish a classification system that promotes
safety and security, as well as effective delivery of treatment
services, based on determination of each youth’s individual
needs and risk factors, that addresses, at a minimum, the
following:
(a) Classification factors to minimally include the
following:
1. Physical characteristics, including sex, height, weight,
and general physical stature;
2. Age and maturity level;
3. Identified special needs, including mental,
developmental or intellectual, and physical disabilities;
4. Seriousness of the current offense, including whether or
not the offense was against person or property;
5. Prior delinquent history and background, including
gang affiliation, if applicable;
6. Current or past involvement in assaultive or aggressive
behavior, sexual misconduct, or demonstration of emotional
disturbance; and
7. Identified or suspected risk factors, such as medical,
suicide, and escape risks;
(b) Initial classification of each newly admitted youth for
the purpose of assigning him or her to a living unit, sleeping
room, and youth group or staff advisor;
(c) Reassessment of a youth’s needs and risk factors and
reclassification, if warranted, prior to considering:
1. An increase in the youth’s privileges or freedom of
movement;
2. The youth’s participation in work projects or other
activities that involve tools or instruments that may be used as
potential weapons or means of escape; and
3. The youth’s participation in any off-campus activity;
and
(d) A continually updated, internal alert system that is
easily accessible to program staff and keeps them alerted about
youth who are security or safety risks, including escape risks,
suicide or other mental health risks, medical risks, sexual
predator risks, and other assaultive or violent behavior risks.
The program shall design and implement this system to reduce
risks by alerting program staff when there is a need for specific
follow-up or precautionary measures or more vigilant or
increased levels of observation or supervision, and by assisting
staff when making treatment, safety and security
decisions.Although a direct care, supervisory, or clinical staff
may place a youth on alert status if he or she meets the criteria
for inclusion in the program’s alert system, only the following
may recommend downgrading or discontinuing a youth’s alert
status:
1. A licensed mental health professional or mental health
clinical staff person for suicide risks or other mental health
alerts;
2. A medical staff person for medical alerts upon
verification that the health condition or situation no longer
exists; or
3. The program director, assistant program director, or
on-site supervisor for security alerts.
(8) Gang Prevention and Intervention. A residential
commitment program shall implement gang prevention and
intervention strategies and shall assess each newly admitted
youth to determine if he or she is a criminal street gang
member or is affiliated with any criminal street gang. For the
purpose of this rule chapter, the definitions of criminal street
gang and criminal street gang member are consistent with
definitions in Chapter 874, F.S. The program shall share
pertinent gang-related information, as appropriate, with the
Florida Department of Law Enforcement, local law
enforcement, Department of Corrections, school districts, the
judiciary, and social service agencies, as well as with a youth’s
JPO and, if identified, his or her post-residential services
counselor.
(9) Key Control. A residential commitment program shall
establish a key control system that, at a minimum, addresses
the following:
(a) Key assignment and usage, including restrictions on
usage;
(b) Inventory and tracking of keys;
(c) Secure storage of keys not in use;
(d) Procedures addressing missing or lost keys; and
(e) Reporting and replacement of damaged keys.
(10) Contraband. A residential commitment program shall
delineate items and materials considered contraband when
found in the possession of youth. The program shall provide
youth with the list of contraband items and materials and
inform the youth of the consequences if found with
contraband. The program shall establish a system to prevent
the introduction of contraband and identify contraband items
and materials through searches of the physical plant, facility
grounds, and its youth.
(a) Before program staff conduct any strip search of a
youth and, at a minimum, before staff conduct a youth’s initial
frisk search, staff shall prepare the youth by explaining the
purpose of the search and what it entails, while assuring the
youth of his or her safety. Throughout the search, staff shall
avoid using unnecessary force and shall treat the youth with
dignity and respect to minimize the youth’s stress and
embarrassment.
(b) Staff conducting a frisk search, which is conducted
through the youth’s clothing, shall be of the same sex as the
youth being searched. A frisk search shall be conducted when a
youth returns from a supervised activity away from the
program, after a youth participates in vocational or work
program involving the use of tools or other implements that
could be used as weapons or as a means of escape, and when
otherwise authorized by the program director or his or her
designee for the purposes of controlling contraband or ensuring
safety and security.
(c) A strip search, a visual check of a youth without
clothing, shall be conducted in a private area with two staff
members present, both of the same sex as the youth being
searched.As an alternative when two staff of the same sex are
not available, one staff of the same sex as the youth may
conduct the search while a staff of the opposite sex is
positioned to observe the staff person conducting the search,
but cannot view the youth.
1. Low-risk. A program at this restrictiveness level may
conduct a strip search of a youth only when authorized by the
program director.
2. Moderate-risk, High-risk, and Maximum-risk Programs.
A program at any of these restrictiveness levels shall conduct a
strip search of every youth upon admission, except when a
youth is admitted from secure detention, in which case a strip
search is authorized rather than required. The program shall
also conduct a strip search of any youth returning from a home
visit. When authorized by the program director, the program
may conduct a strip search when a youth is returning from an
off-campus activity, following a youth’s involvement in
visitation activities, or in response to a serious security breach.
(d) A cavity search that involves the examination of the
youth’s body cavities, with the exception of visual inspection
of ears, nose and mouth, may only be conducted by trained
medical personnel in an emergency room setting when
authorized by the program director because it is strongly
suspected that a youth has concealed contraband in a body
cavity.
(e) With the exception of privileged mail to or from a
youth’s attorney of record, JPO, clergy, or a state or federally
authorized advocate or advocacy group representative, the
program shall search youths’ incoming and outgoing mail,
including correspondence and packages, for contraband and for
any information that may threaten the security or safety of the
program, including escape plans or gang-related information.
During the search of incoming or outgoing mail, the youth
receiving or sending the mail shall be present or, if the program
conducts mail searches at a central location, a youth
representative shall be present to witness the process.
(f) The program shall confiscate any contraband item or
material from a youth, documenting the reason for the
confiscation and the manner of disposition. The program shall
include a copy of the documentation in the youth’s individual
management record.If a confiscated item is not illegal, the
program director or his or her designee has the discretion to
discard the item, return it to its original owner, mail it to the
youth’s home, or return it to the youth upon his or her release
from the program. In all instances involving the confiscation of
contraband that is illegal, the program shall submit the item to
local law enforcement and file a criminal report.
(11) Visitation. A residential commitment program shall
provide for visitation of youth and, at a minimum, shall address
the following:
(a) Program security and the safety of youth, staff and
visitors;
(b) Designated visitation schedule that is provided to each
youth’s parents or legal guardian and is readily available to
other authorized visitors, as well as reasonable
accommodations in response to a parent’s or legal guardian’s
request for alternate visitation arrangements;
(c) Designated visitation areas and staff supervision during
visitation;
(d) Identification of authorized visitors, including the
youth’s parents or legal guardian, the youth’s spouse, the
youth’s attorney of record, the youth’s JPO, clergy, and others
at the discretion of the program director or his or her designee,
excepting any co-defendant in the youth’s current offense,
anyone prohibited by court order to have contact with the
youth, anyone the youth is unwilling to receive as a visitor, or
anyone whose presence or behavior during a prior visitation
posed a safety or security threat;
(e) Verification of the identity of visitors by requiring a
form of picture identification except in the case of children or
siblings of the youth who are accompanied by a parent or legal
guardian and authorized by the program director or his or her
designee;
(f) Documentation of all visitation to include:
1. The visitor’s signature, the date, and the times of entry
and exit;
2. The name of any visitor denied entry and the date, time,
and reason for denial;
(g) Measures to prevent the introduction of contraband
into the program to include:
1. Written notification to visitors before their entry into the
facility that their person and any packages may be subject to
search and that possession of illegal contraband could be
subject to legal action;
2. Mandatory electronic search of visitors entering
high-risk and maximum-risk programs and optional electronic
search of visitors entering low-risk and moderate-risk
programs;
3. Frisk search of a visitor by a staff person of the same
sex when probable cause exists to warrant the search;
4. Search of packages or other items for youth conducted
in the presence of the visitor;
5. Prohibition of visitors bringing their personal
possessions into the facility unless the program director or his
or her designee makes an exception for a visitor needing a
documented prescription medication or an adaptive device due
to a disability;
6. Frisk search or, if authorized by the program director or
his or her designee, strip search of a youth by staff prior to the
youth’s exit from the visitation area; and
7. Search of the visitation area by staff after all visits are
concluded; and
(h) Termination of the visit if the youth or visitor violates
the program rules, is loud or disorderly or visibly angry or
upset, engages or attempts to engage in sexual contact or
activity, is physically aggressive, or otherwise poses an unsafe
situation.
(12) Tool Management. A residential commitment
program shall provide a minimum ratio of one staff for every
five youth (1:5) during activities involving the use of tools,
except in the case of a disciplinary work project involving tools
that requires a 1:3 ratio. However, when a program is designed
to focus on vocational training, a provider’s contract with the
department or, in the case of a state-operated program, the
department’s monitoring plan may specify other staff-to-youth
ratios when youth are using tools for vocational training
purposes. Each residential commitment program shall institute
a tool management system to prevent youth from using
equipment and tools as weapons or means of escape. At a
minimum, tool management shall address:
(a) Procedures for issuing tools to youth and staff,
including an assessment to determine a youth’s risk to the
public, staff, other youth and self if allowed to participate in a
project or activity involving the use of tools;
(b) A frisk search and, at the program’s discretion, an
electronic search of any youth at the completion of each work
project or activity that involves the use of tools;
(c) Tool markings or identifiers that facilitate issuance of
tools and timely identification of missing tools;
(d) Tool inventories as follows:
1. Tools shall be inventoried prior to being issued for work
and at the conclusion of the work activity. Staff shall report any
discrepancy to the program director or his or her designee for
immediate follow-up action.
2. Any tool that, in its manufactured form or due to
subsequent modifications, has sharp edges or points and has a
high potential to be used as a weapon to inflict serious bodily
harm, shall be inventoried daily, except on days when they are
not used.
3. Any tool that, in its manufactured form or due to
subsequent modifications, does not have sharp edges or points
shall be inventoried at least monthly.
4. If the program consistently implements a system
whereby tools are securely stored in a sealed container or
closet, and if the seal has not been broken at the time an
inventory is being conducted, the sealed tools may be exempt
from inventory.
(e) Prohibited tools to include machetes, bowie knives, or
other long blade knives;
(f) Procedures that address missing tools;
(g) Internal reporting of incidents involving tools and
reporting to the department’s Central Communications Center
as required;
(h) Secure storage of tools when not in use;
(i) Training for staff and youth on the intended and safe
use of tools;
(j) Disposal and replacement of dysfunctional tools that
are in an unsafe condition or disrepair; and
(k) Tool control and restrictions when a repairman or
worker external to the program enters the facility or facility
grounds to perform a work project that requires the use of
tools. These restrictions shall limit tools to only those that are
necessary, checking tools upon the worker’s arrival to and exit
from the program, restricting youths’ access to the work area,
immediate reporting of any tool the worker finds missing while
on-site at the program, and follow-up action if any tool is
found missing.
(13) Kitchen Utensils. A residential commitment program
shall institute a system to control and inventory kitchen
utensils used to prepare and serve food and eating utensils used
by youth.
(14) Flammable, Poisonous and Toxic Items. A residential
commitment program shall maintain strict control of
flammable, poisonous, and toxic items and materials.At a
minimum, the program shall:
(a) Maintain a complete inventory of all such items the
program uses;
(b) Maintain a current list of facility positions, titles or
functions that are authorized to handle these items;
(c) Prohibit youths’ handling of these items and restrict
their access to areas where the items are being used;
(d) Dispose of hazardous items and toxic substances or
chemicals in accordance with Occupational Safety and Health
Administration (OSHA) standards; and
(e) Maintain Material Safety Data Sheets (MSDS) on site
as required by OSHA.
(15) Mechanical Restraints. When necessary and only as a
last resort to maintain safety and security, the department
authorizes the use of physical intervention techniques and
mechanical restraints in residential commitment programs
pursuant to Chapter 63H-1, F.A.C.
(16) Controlled Observation. A moderate-risk, high-risk,
or maximum-risk residential commitment program may use
controlled observation only when necessary and as a last
resort. It is intended as an immediate, short-term, crisis
management strategy for use during volatile situations in
which one or more youths’ sudden or unforeseen onset of
behavior imminently and substantially threatens the physical
safety of others and compromises security. Controlled
observation is not authorized for use as punishment or
discipline.
(a) The program is authorized to temporarily place an
out-of-control youth in a controlled observation room only
when the following three criteria are met:
1. The youth is exhibiting active aggression;
2. Continuation of the youth’s acutely aggressive or
violent behavior is likely to result in immediate injury or
imminent harm to others or substantial damage to property;
and
3. The youth is physically out-of-control, and less
restrictive methods of dealing with the youth are ineffective or
are unlikely to have the desired effects quickly enough to
divert serious injuries, security breaches, or substantial
property destruction.
(b) A supervisor or staff person at a higher level shall give
prior authorization for each use of controlled observation
unless the delay caused by seeking prior approval would
further jeopardize the safety of others and the program’s
security. In this case, as soon as the youth is placed in the
controlled observation room and order is re-established within
the program, staff shall obtain authorization for continued
placement from a supervisor or staff person at a higher level or
the youth shall be removed from the controlled observation
room.
(c) Staff shall not leave a youth alone in a controlled
observation room until an inspection of the room is conducted
and it is deemed safe, secure, and in compliance with the
following room specifications:
1. Minimum of 35 unencumbered square feet;
2. Solid core hardwood or metal door with a
shatter-resistant observation window that allows for sight and
sound observation;
3. Vents that are out of the reach of youth and covered with
small mesh or a metal plate, with holes no more than 3/16 inch
and no exposed edges;
4. Recessed light fixtures that are covered with
shatter-resistant material;
5. Windows that are shatter-resistant or, if not, covered
with security-rated screens or another material that prevents
access to the glass;
6. No electrical outlets;
7. No electrical switches unless covered and secured; and
8. A security-rated, fire retardant plastic mattress suitable
for use on the floor or on a suicide-resistant bed.
(d) Prior to placing a youth into a controlled observation
room, a staff person of the same sex as the youth or a health
care professional shall use the Health Status Checklist to
conduct and document a visual check of the youth to determine
if there are any observable injuries that would contraindicate
placement. The Health Status Checklist (MHSA 008, August
2006) is incorporated into this rule and is available
electronically at http://www.djj.state.fl.us/forms/mental_health
_substance_abuse_services_forms_index.html. If a physical
injury is observed, the youth complains of injury or illness, or
the youth experienced a fall, impact, or blow such that injury
could reasonably be expected, a health care professional shall
be immediately notified for timely assessment and treatment.
(e) Staff shall not place a youth exhibiting behaviors
indicative of a mental health crisis or suicide risk in controlled
observation. Additionally, if a youth in a controlled
observation room begins manifesting behavior that would
indicate that he or she is experiencing a mental health crisis or
is a suicide risk, the youth shall immediately be removed from
the room and follow-up mental health services shall be
provided.
(f) Any physical restraints shall be removed after a youth
is placed in a controlled observation room unless they are
necessary to protect the youth from self-injury, in which case
staff shall continuously monitor the youth and remove the
restraints after 15 minutes of calm behavior.
(g) A staff person of the same sex shall frisk search the
youth and remove any potentially dangerous or injurious items
before the youth is left alone in a controlled observation room.
Staff shall remove all jewelry, pocket items, hair ties, hairpins,
belts, or other clothing or items that the youth could use for
self-injury or injury to others; however, the youth shall not be
stripped.
(h) Staff shall discuss with the youth the reasons for his or
her placement in controlled observation, the expected behavior
for removal from placement and, if applicable, the expected
behavior for removal of restraints. Later, when the youth’s
behavior has de-escalated and is conducive to constructive
interaction, staff shall attempt to process with the youth what
happened and explore alternative behaviors.
(i) To ensure the youth’s safety while in the controlled
observation room, staff shall conduct safety checks at least
every fifteen minutes and shall observe the youth’s behavior.
However, continuous sight and sound supervision, defined as
staff’s provision of continuous, uninterrupted visual and sound
monitoring of the youth, shall be provided when the youth is in
restraints or is physically out-of-control to the extent that he or
she is at high risk of self-injury. Staff shall document all safety
checks and observations on the Controlled Observation Safety
Checks form.
(j) The program director or a supervisor with delegated
authority shall approve a youth’s release from controlled
observation. This approval shall be based on a determination
that the youth is no longer threatening harm to others, exhibits
calm behavior, and expresses a willingness to positively rejoin
the program.
1. The time limit for placement of a youth in the controlled
observation room is two hours unless the program director or
his designee grants an extension because release of the youth
would imminently threaten his or her safety or the safety of
others. No extension shall exceed six hours, and the total
placement time, including all extensions, shall not exceed 24
hours.
2. When a youth is released from controlled observation,
staff shall determine whether an in-house alert is warranted
and, if so, take action as required pursuant to paragraph
63E-7.013(7)(d), F.A.C.
(k) The program director or assistant program director
shall review the Controlled Observation Report within 14 days
of the youth’s release from controlled observation to determine
if the placement was warranted and handled according to the
provisions of this rule section.Any corrective actions deemed
necessary to prevent potential misuse of controlled observation
shall be immediately implemented.
(l) The program shall ensure completion of the Controlled
Observation Report for each use of controlled observation,
with the exception of the Extension of Controlled Observation
section when a youth’s placement is limited to the two-hour
time period. Additionally, for each use of controlled
observation, the program shall ensure completion of the Health
Status Checklist and the Controlled Observation Safety Checks
form. The program shall maintain these forms in an
administrative file, as well as in the youth’s individual
management record.
(17) Escapes. For purposes of this rule, the definition of
escape is consistent with Section 985.721, F.S.
(a) When a youth escapes from the facility or escapes from
supervised activities away from the facility or while in transit
to and from such activities, the program shall report the
incident by telephone to law enforcement and the department’s
Central Communications Center immediately or within a
timeframe not to exceed two hours of becoming aware of the
escape. Additionally, the program shall telefax the completed
Notification of Escape form to the following persons or entities
as soon as practicable or within a timeframe not to exceed four
hours:
1. Law enforcement;
2. The state attorney in the jurisdiction where the
delinquency petition was filed;
3. The sentencing judge;
4. The department’s residential regional director or
designee;
5. The youth’s JPO or his or her supervisor;
6. The youth’s parents or legal guardian; and
7. Detention screening.
(b) The program shall maintain a separate log that
documents each notification, including each person contacted,
the date and time of contact, and the program staff making the
contact. In addition, all pertinent information relating to the
escape shall be documented in the program’s daily logbook and
the youth’s individual management record.
(c) If law enforcement declines to accept a report alleging
that a youth has committed the felony offense of escape, the
program shall notify the youth’s JPO or his or her supervisor
who will request the court of jurisdiction to issue an order to
take the youth into custody.
(d) If the youth is not apprehended within 48 hours of the
escape, the program shall release the youth from the program
in the department’s JJIS Bed Management System or, if the
program does not have direct access to JJIS, shall notify the
department’s regional commitment manager via telephone.
(e) As soon as possible after the program becomes aware
of the youth’s apprehension, the program shall advise all
parties whom they previously notified of the escape.
(f) The program shall review circumstances pertinent to an
escape within 48 hours, cooperate with the department in any
review or investigatory activities following an escape, and
implement corrective actions as needed to prevent future
escapes.
(g) If a youth absconds while on temporary release status
and does not return to the program as expected, the program
shall contact:
1. The youth’s family within four hours of becoming
aware of the event to request their assistance in facilitating the
youth’s return to the program; and
2. The youth’s JPO or his or her supervisor to request their
assistance in facilitating the youth’s return or to expedite
issuance of a pick-up order. The program shall make this
contact as soon as is practicable, but no later than the end of the
same workday in which the program becomes aware of the
event if it falls within the traditional workweek or, if not,
before the end of the next traditional workday.
(18) Transportation.When transporting a youth, a
residential commitment program shall maintain custody and
control while ensuring the safety of youth, staff and the
community.
(a) The program shall comply with the following
provisions whether or not secure transportation is required:
1. Program staff shall not transport youth in any personal
vehicle unless the program director approves such action based
on extenuating circumstances wherein the life or safety of a
youth is in imminent jeopardy without taking such action.
2. The program shall provide the minimum ratio of one
staff for every five youth required for off-campus activities.
3. Youth and staff shall wear seat belts during
transportation, and youth shall not be attached to any part of
the vehicle by any means other than the proper use of a seat
belt.
4. The program shall issue transporters a cellular phone or
radio for use in the event of vehicle problems or other
emergencies.
5. Staff shall not leave youth unsupervised in a vehicle.
6. Youth shall not be permitted to drive program or staff
vehicles.
7. Staff shall lock personal and program vehicles when not
in use.
(b) When transporting youth, a high-risk or maximum-risk
program shall provide secure transportation. A low-risk or
moderate-risk program shall provide secure transportation for
any youth who has been assessed and determined to be a
security risk or risk to self and others and has demonstrated
that he or she cannot be transported by less restrictive
methods.The program shall comply with the following when
securely transporting youth:
1. The use of mechanical restraints is required and shall be
provided pursuant to Chapter 63H-1, F.A.C.
2. In addition to the requirements specified in paragraph
63E-7.013(18)(a), F.A.C., of this rule chapter, the program
shall comply with the following provisions when providing
secure transportation:
a. The vehicle shall have rear doors that cannot be opened
from the inside.
b. The vehicle shall be equipped with a safety screen
separating the front seat or driver’s compartment from the back
seat or rear passengers’ compartment, or a staff person shall
occupy the back seat or rear passengers’ compartment with the
youth.
c. The program shall provide the minimum ratio of one
staff for every five youth required for off-campus
activities.However, if five or less youth are being transported,
the program shall provide a minimum of two staff, with one
being the same sex as the youth being transported.
(c) The program shall ensure that any vehicle used by the
program to transport youth is properly maintained for safe
operation.
1. Each vehicle being used for transport of youth shall pass
an annual safety inspection.
2. The program shall maintain documentation on use of
each vehicle and its maintenance.
3. Each vehicle used to transport youth shall be equipped
with the appropriate number of seat belts, a seat belt cutter, a
window punch, a fire extinguisher, and an approved first aid
kit.
(19) A residential commitment program shall comply with
the following provisions on youth’s eligibility and participation
in off-campus activities, defined as activities conducted away
from the facility grounds:
(a) A residential commitment program shall provide
supervision for youth who leave the facility grounds for
necessary activities such as health and court-related events.
The program shall determine a youth’s eligibility for
participation in other off-campus activities based on the
program’s restrictiveness level, the youth’s performance and
behavior in the program, and the assessed risk for the youth to
re-offend during the off-site activity.
1. A low-risk or moderate-risk program shall allow a
youth to participate in necessary, supervised off-campus
activities such as health and court related activities. The
program may also allow a youth to participate in other
constructive supervised off-campus activities and, with court
approval, may permit the youth to participate in specific
temporary release activities, such as community employment
and, during the final 90 days of his or her residential
placement, home visits. If an extraordinary family emergency
arises prior to the final 90 days of a youth’s stay, the program
director or designee may, with court approval, grant an
emergency temporary release. In such a case, the program
shall, with input from the youth’s family, develop a specific
itinerary and coordinate with the youth’s JPO.
2. For most of a youth’s placement in a high-risk program,
the program shall restrict a youth’s participation in off-campus
activities to necessary, supervised activities such as health and
court-related activities. However, during the final 60 days of a
youth’s residential stay and with court approval, the program
may grant permission for the youth to leave facility grounds to
engage in transitional activities such as enrollment in school or
a vocational program, completion of a job interview,
performance of community service, and home visits of no
more than 72 hours. Additionally, if an extraordinary family
emergency arises, such as the death or impending death of a
youth’s immediate family member, prior to the final 60 days of
a youth’s stay, the program director or designee may, with
court approval and concurrence of the department’s residential
regional director, grant an emergency temporary release. In
such a case, the program shall, with input from the youth’s
family, develop a specific itinerary and coordinate with the
youth’s JPO.
3. A maximum-risk program shall not allow a youth to
participate in off-campus activities except for necessary,
supervised activities such as health and court-related events
and, under exceptional circumstances, a staff-supervised day
trip to attend a family emergency event when approved by the
court and the department’s residential regional director.
(b) Prior to allowing a youth to participate in any
off-campus activity that is not a supervised, necessary event,
the program shall assess the youth’s risk and determine that he
or she is unlikely to re-offend while in the community.
Additionally, the program shall require the youth to
demonstrate progress and positive behavior in the program.
(c) Except for supervised, necessary off-campus activities,
the program shall plan and structure each off-campus activity,
including any home visit, for youth to accomplish specific
goals and objectives. The program shall involve the youth in
the planning process.
(d) The program shall ensure a minimum ratio of one staff
to every five youth during any supervised off-campus activity.
The program shall provide a more intensive staffing if the
activity or circumstances surrounding the activity dictate that
closer supervision is necessary to ensure the safety of the
community, staff and youth.
(e) Pursuant to subparagraph 64E-7.012(2)(a)2., F.A.C., of
this rule chapter, the program shall notify the victim or his or
her designee, unless these notification rights have been waived,
when allowing a youth committed for specified offenses to
participate in a temporary release.
(f) The program shall prohibit any youth from
participating in trips or functions requiring travel out of the
state of Florida unless approved in writing by the department’s
residential regional director and Assistant Secretary for
Residential and Correctional Facilities.
(20) Disaster and Continuity of Operations Planning. A
residential commitment program shall develop a disaster plan
and a continuity of operations plan (COOP) that are
coordinated or one comprehensive plan that incorporates both.
The plans shall provide for the continuation of basic care and
custody of youth in the event of an emergency or disaster,
while ensuring safety of staff, youth and the public. The
program shall conduct practice events or drills and shall be
prepared for immediate implementation or mobilization of the
plans whenever an emergency or disaster situation necessitates.
(a) The program’s disaster plan shall:
1. Address, at a minimum, fire and fire prevention and
evacuation, severe weather, disturbances or riots, bomb threats,
hostage situations, chemical spills, flooding or terrorist threats
or acts;
2. Identify and define essential or key staffs’ roles and
specific responsibilities during emergency or disaster
situations;
3. Specify and plan for the provision of any equipment and
supplies required to maintain the continuous operation of
services during an emergency or disaster. Equipment and
supplies may include, but are not limited to, food, medications,
pharmaceutical and first aid supplies, clothing and linens,
vehicles, generators, cell phones, flashlights, batteries, fire
safety equipment, and laptop computers;
4. Identify critical information about youth that may be
needed during an emergency situation and plan for its access;
5. Address alternative housing plans;
6. Be compatible with the disaster plan and COOP for the
department’s residential region;
7. Be conspicuously posted in the facility, readily available
to staff members, youth, and visitors, and disseminated to
appropriate local authorities. If the plan is too voluminous to
post, the program shall post a notice that identifies the various
locations within the facility where staff can easily access the
plan.
(b) The program’s COOP shall:
1. Provide for the continuity of care and custody of its
youth and the protection of the public in the event of an
emergency that prevents occupancy of the program’s primary
facility or structure;
2. Compatible with the COOP for the department’s
residential region;
3. Readily available to staff;
4. Reviewed and updated annually;
5. Submitted to the department’s residential regional
director, if requested; and
6. Approved by the Division of Emergency Management,
Department of Community Affairs.
(21) Internet Access. A residential commitment program
shall ensure that youth only have access to the Internet for the
purposes of obtaining educational material. While youth are
on-line, program staff shall continually monitor the computer
screens to ensure that youth are accessing only the approved
material.
(a) Youth shall be prohibited from accessing material
considered harmful to minors which includes any picture,
image, graphic image file, or other visual depiction that, taken
as a whole and with respect to minors:
1. Appeals to a prurient interest in nudity, sex, or
excretion;
2. Depicts, describes, or represents in an offensive way an
actual or simulated sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or lewd exhibition
of the genitals; and
3. Lacks serious literary, artistic, political, or scientific
value.
(b) The program shall implement effective technology
protection measures to limit youths’ Internet access to only the
approved educational material. The program shall conduct and
document monthly checks on the protection system and, if
problems are identified with the system, shall prohibit youths’
access until repairs are completed and tested. The program
shall not allow youth access to prohibited sites that may elude
the technology protection measures.
(22) Water Safety.
(a) A residential commitment program that allows youth to
participate in water-related activities shall establish a water
safety plan that addresses, at a minimum, safety issues,
emergency procedures, and the rules to be followed during a
water-related activity, as follows:
1. Determination of the risk level for each youth to
participate in water-related activities by identifying whether or
not the youth can swim, assessing his or her swimming ability,
and considering other factors to include, at a minimum, age
and maturity, special needs such as physical and mental health
issues, and physical stature and conditioning;
2. Type of water in which the activity is taking place, such
as pool or open water;
3. Water conditions, such as clarity and turbulence, and
bottom conditions;
4. Type of water activities such as swimming, boating,
canoeing, rafting, snorkeling, scuba diving, and shoreline and
offshore activities to include fishing from a bank or pier,
fishing while wading, or picnicking close to a body of water:
5. Lifeguard-to-youth ratio and positioning of lifeguards;
6. Other staff supervision; and
7. Safety equipment needed for the activity, such as
personal flotation devices when youth are in a boat, canoe or
raft and availability of a lifeline during shoreline and offshore
activities.
(b) The program shall provide sufficient supervision to
continuously account for youth and ensure their safety.
1. The program shall ensure a sufficient number of
lifeguards for maximum safety, and lifeguards shall be certified
consistent with American Red Cross or other nationally
accepted standards for the type of water in which the activity is
taking place.
a. If the water-related activity takes place in a pool, at least
one staff person certified as a lifeguard shall be present.
b. If the water-related activity takes place in open water, at
least one staff person certified in waterfront lifeguarding shall
be present.
c. Shoreline and offshore activities do not require
lifeguards present; however, the program shall provide
supervision by staff trained in emergency procedures. Staffing
shall be sufficient to continually account for youths’
whereabouts and maintain safety.
2. The program shall provide additional staff supervision
to ensure youths’ safety. If the activity is conducted away from
the program or its grounds, a minimum ratio of one staff for
every five youth is required.
3. The program shall conduct methods necessary to
maintain an accounting of youth, including conducting
head-counts at regular intervals.
(c) Scuba diving or snorkeling activities shall be
conducted consistent with standards and procedures
established or approved by nationally recognized organizations
such as the Recreational Scuba Training Council, the National
Association of Underwater Instructors, or the Professional
Association of Diving Instructors.
Specific Authority 985.64, 985.601(3)(a), 985.441(1)(b), 985.03(44),
FS. Law Implemented 985.601(3)(a), 985.441(1)(b) FS. History–
New________.
63E-7.016 Program Administration.
(1) A residential commitment program director shall be
accountable for the daily operation of the program, as well as
ongoing program planning and evaluation to ensure safety,
security, and effectiveness of services provided to youth.
(2) A residential commitment program’s mission
statement shall be consistent with the department’s mission and
principles of the restorative justice philosophy.
(3) A residential commitment program’s written
description shall, at a minimum, address the following:
(a) The program’s treatment approach;
(b) Services the program provides; and
(c) The program’s service delivery system.
(4) A residential commitment program director shall
ensure provisions for staffing that, at a minimum, address the
following:
(a) Level 2 pre-employment screening requirements
pursuant to Chapter 435 and Section 985.644(5), F.S.;
(b) Maintenance of an organizational chart that reflects
spans of control and lines of authority and specifies the job
title, and the primary function if not inherent in the job title, of
each program staff and overlay service provider;
(c) Staffing schedules that ensure coverage across shifts
and a system for accessing additional staff coverage as needed;
(d) Position descriptions that specify required
qualifications, job functions or duties, and performance
standards;
(e) A system for evaluating staff at least annually based on
established performance standards;
(f) Systems of communication to keep staff informed and
give them opportunities for providing input and feedback
pertaining to operation of the program;
(g) A dress code for staff that promotes professionalism,
safety, and positive role modeling for youth; and
(h) A code of conduct for staff that clearly communicates
expectations for ethical and professional behavior, including
the expectation for staff to interact with youth in a manner that
promotes their emotional and physical safety;
(5) A residential commitment program shall establish a
system for fiscal management and control and, in the case of
any contracted program, shall obtain at least one independent
financial audit annually;
(6) A residential commitment program shall report as
follows:
(a) Incident reporting to the department’s Central
Communications Center;
(b) Reporting of Protective Action Response (PAR)
incidents or use of mechanical restraints pursuant to Chapter
63H-1, F.A.C.;
(c) Reporting required for state-operated programs and
programs operated by nonprofit contracted providers to
participate in the USDA National School Lunch and Breakfast
Program; and
(d) Posting of abuse reporting phone numbers throughout
the facility and unhindered access for staff and youth to report
abuse to the Department of Children and Families’ central
abuse hotline addressed in Chapter 39, F.S., or if the allegedly
abused youth is 18 years or older, the department’s Central
Communication Center. For purposes of this rule, unhindered
access means the program shall allow youth and staff to make
the decision to report allegations of abuse without obtaining
permission. The program shall provide youth with timely
telephone access to report allegations of abuse. However, if the
youth requests telephone access during a scheduled structured
activity, the program shall provide access as soon as that
activity concludes.
(7) A residential program director shall establish a system
to monitor the program’s bed capacity and the length of stay of
youth in placement to ensure all youth are progressing through
the program and to target potential problems with any youth’s
planned release.
(8) A residential commitment program shall update
information in the department’s Juvenile Justice Information
System (JJIS) as follows:
(a) Updates to the Bed Management System to include:
1. Any youth admission, transfer, release or discharge
within 24 hours of the event; and
2. Placement of any youth on inactive status within 48
hours of an escape or admission to a juvenile detention center
or jail; and
(b) Updates in the Residential Services Monitoring System
(RSMS), a web-based component of JJIS and software
application designed to store information pertaining to each
residential commitment program’s performance that, in the
case of a contracted program, reflects the program's
compliance with their contract terms and conditions.
(9) A residential program shall notify the department’s
designated regional commitment manager if a youth is placed
in a medical or mental health facility for longer than five days.
(10) A residential program shall be reviewed, audited, or
investigated as follows:
(a) Prior to a contracted provider opening a new program
or assuming operation of an existing program, the department
may conduct a pre-operational review to assess the program’s
readiness to commence operations. The program shall develop
and implement an outcome-based corrective action plan to
address deficiencies identified during a pre-operational review.
After the program commences operations and as follow-up to
the pre-operational review, the department may conduct a
post-operational review that may result in additional corrective
actions.
(b) Based on the program’s identified risk factors, the
department’s designated regional residential monitor shall
conduct monthly, quarterly, or semi-annual reviews to
determine if the program is providing services as specified in
this rule chapter, other applicable rules and statutes, and the
provider’s contract with the department. The program shall
develop and implement an outcome-based corrective action
plan to address major deficiencies identified by the residential
monitor during any such review. For purposes of this rule
chapter, a major deficiency is defined as a deficiency that
indicates the interruption of service delivery or the receipt of
public funds for program services not delivered.
(c) Pursuant to Section 985.632, F.S., the department shall
conduct quality assurance reviews of residential commitment
programs. Standards and indicators used for this purpose shall
be based on provisions of this rule chapter. The program shall
implement an outcome-based corrective action plan that
addresses major deficiencies identified during any quality
assurance review.
(d) The program shall cooperate with any review or
investigation coordinated or conducted by the department’s
Office of the Inspector General pursuant to Section 20.055,
F.S.
(e) In cases where federal funds are involved, audits may
be conducted according to federal requirements.
build partnerships and collaborate with juvenile justice
stakeholders in the community.
(a) The program shall establish a community support
group or advisory board that meets at least quarterly. The
program director shall solicit active involvement of interested
community partners including, but not limited to
representatives from law enforcement, the judiciary, the school
board or district, the business community, and the faith
community. In addition, the program director shall recruit a
victim, victim advocate, or other victim services community
representative and a parent whose child was previously, rather
than currently, involved in the juvenile justice system.
(b) The program shall collaborate with the school district
to ensure the delivery of quality educational services consistent
with the cooperative agreement between the school district and
the department pursuant to Section 1003.52, F.S.
(c) A residential commitment program may involve
community volunteers, including mentors for youth, consistent
with background screening requirements pursuant to Section
985.644, F.S. The program shall provide supervision as
deemed necessary to ensure the volunteer is providing services
in a manner that meets the expectations of the program and
ensures the emotional and physical safety of its youth.
(12) A residential commitment program shall maintain a
chronological record of events as they occur or, if an event
disrupts the safety and security of the program, as soon as is
practicable after order has been restored.
(a) The program shall document the following events,
incidents and activities in a central logbook maintained at
master control, living unit logbooks, or both.
1. Emergency situations;
2. Incidents, including the use of mechanical restraints;
3. Special instructions for supervision and monitoring of
youth;
4. Population counts at the beginning and end of each shift
and any other population counts conducted during a shift;
5. Perimeter security checks and other security checks
conducted by direct care staff;
6. Transports away from the facility, including the names
of staff and youth involved and the destination;
7. Requests by law enforcement to access any youth;
8. Removal of any youth from the mainstream population,
such as when a youth is placed on room restriction or
controlled observation.
9. Admissions and releases, including the name, date and
time of anticipated arrival or departure, and mode of
transportation; and
10. Information relating to escape or attempted escape
incidents.
(b) Each logbook shall be a bound book with numbered
pages.Every entry in a logbook shall be considered a
permanent record; therefore, under no circumstances shall any
logbook entry be obliterated or removed. An error in an entry
shall be struck through with a single line and initialed by the
person correcting the error.
(c) At a minimum, each logbook entry shall include the
date and time of the event, the names of staff and youth
involved, a brief description of the event, the name and
signature of the person making the entry, and the date and time
of the entry.
(d) The program shall use one of the following methods to
ensure that each direct care staff person, including each
supervisor, is briefed when coming on duty:
1. Living Unit Logbook Review. If the program maintains
a logbook at each living unit, each incoming staff shall review
entries made during the previous two shifts in the logbook
maintained in the living unit to which he or she is assigned.
The staff shall document his or her review in the logbook,
including the date, time and signature.
2. Shift Report Review. If the program does not maintain a
logbook at each living unit, the program shall summarize in a
shift report the events, incidents, and activities documented in
the program’s central logbook as required pursuant to
subparagraphs 63E-7.016(12)(a)1.-10., F.A.C. A program
supervisor shall verbally brief incoming staff about the
contents of the shift report or incoming staff shall review the
shift report. Each incoming staff shall sign and date the shift
report for the previous shift to document that he or she has
reviewed or been verbally briefed about its contents. A copy of
the shift report shall be maintained at each living unit for at
least 48 hours.
(13) A residential commitment program shall establish a
records management system that addresses all records
maintained by the program including, but not limited to,
administrative files, personnel records, fiscal and accounting
records, property inventories, and records pertaining to youth.
(a) The program shall maintain an official youth case
record for each youth that is comprised of two separate files as
follows:
1. An individual healthcare record that contains the
youth’s medical, mental health, and substance abuse related
information; and
2. An individual management record that contains other
pertinent information about the youth. The record’s file tab
shall provide the youth’s legal name, DJJ identification
number, date of birth, county of residence, and committing
offense. The youth’s JJIS face sheet and any JJIS special alerts
shall be attached or filed in close proximity to the file tab. An
individual management record shall be organized in the
following separate sections:
a. Legal Information;
b. Demographic and Chronological Information;
c. Correspondence;
d. Case Management and Treatment Team Activities; and
e. Miscellaneous.
(b) The program shall clearly label each official youth case
record, individual management record, and individual
management record as confidential. All official youth case
records shall be secured in a locked file cabinet or a locked
room. The program shall clearly identify any file cabinet used
to store official youth case records as confidential.
(c) Each residential commitment program shall comply
with the records and confidential information provisions
pursuant to Section 985.04, F.S.
(d) The program shall transfer youth records when a youth
is released, discharged, transferred to another residential
commitment program, or placed in a juvenile detention center.
Transfer of youth records shall be handled as follows:
1. Within five working days of a youth’s release or
discharge, the program shall transfer the complete official
youth case record to the departmental staff or contracted
provider assigned to provide the youth’s post-residential
services. The program shall transfer the original record unless,
due to federal auditing requirements, the program is required to
retain any original documents. In this case, the program shall
replace the originals required on site with complete copies.
2. The program shall ensure that the complete official
youth case record accompanies a youth transferred to another
residential commitment program. The transferring program
shall send the original record unless, due to federal auditing
requirements, the program is required to retain any original
documents. In this case, the program shall replace the originals
required on site with complete copies.
3. If a youth residing in a residential commitment program
is placed in a juvenile detention center, the program shall
ensure that the youth’s complete individual healthcare record,
either the original record or a copy, accompanies the youth
when transported. If the youth is subsequently returned to the
residential program, the detention center shall return the
complete record at the time the youth is transported back to the
program.
(14) A residential commitment program shall maintain
confidentiality and not release any information to the general
public about any youth. The program shall not allow the media
to visit, interview youth or have access to youth records unless
the Secretary or his or her designee grants approval. When
seeking approval for a media request, the program director or
designee shall immediately contact the department's regional
residential director or designee who shall process the request
within the department and provide feedback to the program
director or designee as soon thereafter as is practicable.
immediately contact the department’s regional residential
director or designee to report the death of any youth residing in
the program. The program director shall provide information as
needed to enable the department to notify the youth’s parents
or legal guardian.
Specific Authority 985.64, 985.601(3)(a) FS. Law Implemented
985.601(3)(a) FS. History–New________.
Pamela Brantley, Residential Services, Policy Development
and Planning
THE PROPOSED RULE: Rex Uberman, Assistant Secretary
for Residential Services
PUBLISHED IN FAW: October 5, 2007
Board of Chiropractic
RULE NO.:
RULE TITLE:
64B2-18.008
Delegation of Professional
Responsibilities
PURPOSE AND EFFECT: The purpose and effect of this new
rule is to establish requirements governing the delegation of
professional responsibilities by chiropractic physicians.
SUMMARY: Requirements governing the delegation of
professional responsibilities by chiropractic physicians are
established.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC
AUTHORITY:
460.413(1)(u),
460.405,
460.4165(12) FS.
LAW IMPLEMENTED: 460.413(1)(u), 460.4165(2),(10),(12),
460.4166(2) FS.
PROPOSED RULE IS: Joe Baker, Jr., Executive Director,
Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin
64B2-18.008 Delegation of Professional Responsibilities.
Before delegating professional responsibilities to any person, a
chiropractic physician shall provide on-the-job training or
instruction for all services, modalities or procedures to be
performed unless the person to whom the delegation is being
made provides documentation of previously acquired
competency. At a minimum, on-the-job training shall include
step by step instruction or demonstration of each and every
service, procedure, modality or machine until competency is
established. The chiropractic physician shall maintain
responsibility for all services performed pursuant to the
delegation.
Specific Authority 460.413(1)(u), 460.405, 460.4165(12) FS. Law
Implemented 460.413(1)(u), 460.4165(2),(10),(12), 460.4166(2) FS.
History–New________.
Board of Chiropractic Medicine
THE PROPOSED RULE: Board of Chiropractic Medicine
PUBLISHED IN FAW: September 21, 2007
Board of Medicine
RULE NOS.:
RULE TITLES:
64B8-50.003
Delegation of Powers and Duties to
Electrolysis Council
64B8-50.009
Certification of Public Records
PURPOSE AND EFFECT: The proposed rule amendments are
intended to delete language in the rules which is not authorized
by statute.
SUMMARY: The proposed rule amendments delete language
which is not authorized by statute.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 478.43(1) FS.
LAW IMPLEMENTED: 456.025(11) FS.
PROPOSED RULES IS: Larry McPherson, Jr., Executive
Director, Board of Medicine/MQA, 4052 Bald Cypress Way,
Bin # C03, Tallahassee, Florida 32399-3253
64B8-50.003 Delegation of Powers and Duties to
Electrolysis Council.
(1) Pursuant to Section 478.43, F.S., the Board delegates
to the Electrolysis Council the following powers and duties.
(a) Certification of applicants for examination and
applicants for endorsement.
(b) Issuance of temporary permits to applicants for
licensure.
(c) Certification of applicants for facility licensure.
(b)(d) Approval of continuing education providers and
electrolysis training programs.
(2) The Board shall enter final orders in disciplinary cases
against electrologists and electrology facility license holders.
The determination of probable cause to issue an administrative
complaint against an electrologist or a electrology facility
license holder shall be made by the Probable Cause Panel of
the Board.
(3) Rulemaking proposals, petitions for declaratory
statement and petitions to adopt, amend or repeal rules, which
relate to the practice of electrology shall first be presented to
the Council. The Council shall consider the matter and make
recommendations to the Board as to the appropriate action to
be taken.
Specific Authority 478.43(1) FS. Law Implemented 478.43(3) FS.
History–New 5-31-93, Formerly 21M-75.003, Amended 11-16-93,
Formerly 61F6-75.003, 59R-50.003, Amended________.
64B8-50.009 Certification of Public Records.
Any person desiring certification of any Board or Council
documents from the custodian of records as official public
records shall submit that request along with a certification fee
of $ 25. Normal duplicating fees shall also apply.
Specific Authority 478.43(1) FS. Law Implemented 456.025(11)
119.07(1) FS. History–New 5-31-93, Formerly 21M-75.009,
61F6-75.009, 59R-50.009, Amended_________.
Rules Committee, Board of Medicine
THE PROPOSED RULE: Board of Medicine
Board of Medicine
RULE NOS.:
RULE TITLES:
64B8-51.001
Manner of Application
64B8-51.003
Documentation for Licensure
PURPOSE AND EFFECT: The proposed rule amendments are
intended to clarify the language with regard to application for
licensure and to delete language in the rules which is not
authorized by statute.
SUMMARY: The proposed rule amendments clarify language
with regard to the application process and deletes language
which is not authorized by statute.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 478.43(1), (4) FS.
PROPOSED RULES IS: Larry McPherson, Jr., Executive
Director, Board of Medicine/MQA, 4052 Bald Cypress Way,
Bin # C03, Tallahassee, Florida 32399-3253
64B8-51.001 Manner of Application.
(1) All persons applying for licensure as an electrologist
shall submit a signed application to the Executive Director of
the Council on forms provided by the Council and approved
and incorporated herein by reference by the Board as Form
DOH/MQA/EO APP/REV-04/03, entitled “Application for
Electrologist Licensure”, effective 2-15-04, which can be
obtained from the Council. The initial application must be
accompanied by the application fee, as set forth in Rule
64B8-51.007, F.A.C.
(2) All applications must include an official transcript
from a school of electrology which identifies the credits taken
by home study or correspondence courses and those taken in
classroom settings.
(3) All applications for licensure by examination shall be
filed with the Executive Director of the Council and shall be
completed at least 120 90 days prior to the examination.
Applications filed after the deadline may be considered at the
next meeting of the Council.
(4) The application and fee may not be used for more than
one year from the date of original submission of the application
and fee if the application remains incomplete or the applicant
has not taken at least one administration of the examination for
licensure. If such application remains incomplete or the
applicant has not taken at least one administration of the
examination for licensure during the one year period, then the
application shall be closed and the applicant shall be required
to reapply for licensure.
(5) Any applicant who has not passed the state
examination within three (3) administrations immediately
following the date on which the Council initially approved the
applicant for examination must successfully complete
twenty-five (25) hours of academic training and reapply for
licensure.
Specific Authority 478.43(1), (4) FS. Law Implemented 478.45 FS.
History–New 5-31-93, Formerly 21M-76.001, Amended 11-10-93,
Formerly 61F6-76.001, Amended 5-29-96, Formerly 59R-51.001,
Amended 12-23-97, 5-28-00, 8-9-01, 2-15-04, 10-31-05,_________.
64B8-51.003 Documentation for Licensure.
(1) In order to establish that an applicant is at least 18
years old, a copy of one of the following shall be submitted:
(a) Birth certificate,
(b) Passport,
(c) Driver’s license.
(2) In order to establish that an applicant has a high school
diploma or a graduate equivalency diploma, a notarized copy
of the diploma shall be submitted. An applicant from a foreign
country who does not have a high school diploma or graduate
equivalency diploma shall submit equivalent documentation
from a credentialling agency.
Specific Authority 478.43(1), (4) FS. Law Implemented 478.45 FS.
History–New 5-31-93, Formerly 21M-76.003, 61F6-76.003,
Amended 7-14-96, Formerly 59R-51.003, Amended________.
Rules Committee, Board of Medicine
THE PROPOSED RULE: Board of Medicine
Board of Nursing
RULE NO.:
RULE TITLE:
64B9-15.008
Testing and Competency Evaluation
PURPOSE AND EFFECT: The purpose and effect is to amend
the rule in response to and in accordance with Department of
Health Testing Services request.
SUMMARY: The rule is amended in response to and in
accordance with Department of Health Testing Services
request.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 464.202, 464.203 FS.
PROPOSED RULE IS: Rick Garcia, Executive Director,
Board of Nursing, 4052 Bald Cypress Way, Bin C07,
64B9-15.008 Testing and Competency Evaluation.
(1) No change.
(2) The general areas of competency of the Written Exam
are as follows:
(a) Role of the Nursing Assistant;
(b) Promotion of Health and Safety;
(c) Promotion of Function and Health of Residents;
(d) Basic Nursing Care Provided for Residents with
Changes in Health Skills; and
(e) Specific Care Provided for Residents with Changes in
Health Providing Specialized Care.
(3) The Board adopts a passing score as set by the
National Nurse Aide Examination Council The minimum
passing level of the Written Exam varies depending on the
difficulty of the items for each form of the examination and
will be established by the Board.
(4) The Clinical Skills Test includes three of the following
tasks in addition to hand washing and indirect care:
(a) Personal Care:
1. Perineal Care Male and Female;
10. Change Occupied Bed; and
11. Foot Care.
(b) Promotion of Promoting Function, Health, and Safety:
3. Range of Motion for Upper Extremity Extremities; and
4. Range of Motion for Lower Extremity; Extremities. and
5. Ambulation.
(c) Environmental Activities – Changing an Occupied
Bed.
(c)(d) Reporting and Recording:
1. Measure and Record Pulse and Respirations Vital Signs;
2. No change.
3. Measure and Record Content of Urinary Drainage Bag;.
and
4. Measure and Record Blood Pressure.
(7) The Clinical Skills Observers for the Clinical Skills
Test must meet the following criteria:
(a) No change.
(b) Have at least one year of experience in the provision of
long-term care or caring for the chronically ill of any age;
(c) through (d) No change.
_________.
Board of Nursing
THE PROPOSED RULE: Board of Nursing
Board of Optometry
RULE NO.:
RULE TITLE:
64B13-3.003
Patient Records; Transfer or Death of
Licensed Practitioner
PURPOSE AND EFFECT: The purpose of the amendment is
to clarify that electronic signatures meet the requirements for
medical records and set forth the type of electronic signatures
that meet the requirements of the rule.
SUMMARY: This rule amendment clarifies that electronic
signatures meet the requirements for medical records and set
forth the type of electronic signatures that meet the
requirements of the rule.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 456.058, 463.005(1)(a), (d) FS.
LAW IMPLEMENTED: 456.057, 456.058, 463.005(1)(a), (d)
FS.
Board of Optometry, 4052 Bald Cypress Way, Bin C07,
64B13-3.003 Patient Records; Transfer or Death of
Licensed Practitioner.
(1) The licensed practitioner must legibly sign the entry in
his or her records for each patient encounter. If the practitioner
maintains electronic patient records, the practitioner may affix
an electronic signature which can be generated by using either
public key infrastrucure or signature dynamics technology, and
meets the following criteria:
(a) The electronic signature is unique to the person using
it;
(b) The electronic signature is capable of verification;
(c) The electronic signature is under the sole control of the
person using it;
(d) The electronic signature is linked to the record in such
a manner that the electronic signature is invalidated if any data
in the record are changed.
(2)(1) A licensed practitioner shall maintain full and
independent responsibility and control over all records relating
to his or her patients and his or her optometric practice. The
licensed practitioner must legibly sign the entry for each
patient encounter. All such records shall remain confidential
except as otherwise provided by law and shall be maintained
by the licensed practitioner in compliance with Rule
64B13-3.001, F.A.C. For the purposes of this rule, “maintain
full and independent responsibility and control” means that the
records shall be maintained in the licensed practitioner’s office
or solely in the possession of the licensed practitioner, and that
the licensed practitioner shall not share, delegate, or relinquish
either possession of the records or his or her responsibility or
control over those records with or to any entity which is not
itself a licensed practitioner.
Specific Authority 456.058, 463.005(1)(a), (d) FS. Law Implemented
456.057, 456.058, 463.005(1)(a), (d) FS. History–New 11-13-79,
Amended 12-19-84, 4-8-85, Formerly 21Q-3.03, Amended 12-16-86,
7-11-88, Formerly 21Q-3.003, 61F8-3.003, Amended 2-14-96,
Formerly 59V-3.003, Amended 3-29-98, 4-3-00, 1-2-02, 11-16-05,
_________.
Board of Optometry
THE PROPOSED RULE: Board of Optometry
Board of Psychology
RULE NO.:
RULE TITLE:
64B19-18.001
Qualifications to Evaluate and Treat
Sex Offenders as a “Qualified
Practitioner”
PURPOSE AND EFFECT: The Board proposes to repeal the
rule due to statutory changes.
SUMMARY: The rule will be repealed due to statutory
changes.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 490.004(4), 947.005(9), 948.001(6)
FS.
LAW IMPLEMENTED: 947.005(9), 948.001(6) FS.
PROPOSED RULE IS: Susan Love, Executive Director, Board
of Psychology, 4052 Bald Cypress Way, Bin #C05,
64B19-18.001 Qualifications to Evaluate and Treat Sex
Offenders as a “Qualified Practitioner”.
Prior to holding oneself out as a “Qualified Practitioner,”
eligible to evaluate and treat sex offenders, complete a “risk
assessment” or prepare a “safety plan,” as defined in Sections
947.005(9), (10), (11), and 948.001(6), (7), (8), F.S., a Florida
licensed psychologist shall demonstrate specialized knowledge
in the field. Specialized knowledge shall be demonstrated by
completing education or training in each of the following
areas:
(1) Theory and research regarding the etiology and
diagnostic information regarding sexual deviance and
associated conditions. Among the conditions that are the main
focus of this area of practice emphasis are those such as:
(a) Paraphilias;
(b) Impulse control disorders;
(c) Psychopathy;
(d) Psychoactive substance abuse/dependence;
(e) General criminal behaviors; and
(f) Cognitive and developmental impairment of sexual
offenders;
(2) Theory and research regarding evaluation, risk
assessment and treatment of sex offenders;
(3) Theory and research regarding physiological measures
of sexual arousal;
(4) Legal and ethical issues in the evaluation and treatment
of sex offenders; and
(5) Adherence to the continuing psychological education
requirements governing “Qualified Practitioners,” set forth in
subsection 64B19-13.003(5), F.A.C.
Specific Authority 490.004(4), 947.005(9), 948.001(6) FS. Law
Implemented 947.005(9), 948.001(6) FS. History–New 10-23-06,
Repealed ________.
Board of Psychology
THE PROPOSED RULE: Board of Psychology
Division of Environmental Health
RULE NOS.:
RULE TITLES:
64E-8.001
Definitions
64E-8.002
Limited Use Public Water System
Construction
64E-8.003
Private and Multi-family Water
System Construction
64E-8.004
Annual Operating Permits, Existing
Systems, Systems Constructed on
or after 1/1/93, Annual Inspections
and Registrations
64E-8.005
Operation and Maintenance
64E-8.006
Water Quality Standards and
Monitoring for Limited Use Public
Water Systems
64E-8.007
Corrective Actions
64E-8.008
Public Notification
64E-8.009
Variances
64E-8.010
Prohibited Acts
64E-8.011
Services Provided
64E-8.012
Schedule of Fines
64E-8.013
Cross-Connection Control
PURPOSE AND EFFECT: To revise and update technical
sections, to correct errors that have resulted over time, and to
clarify definitions, phrases and requirements that are difficult
to understand. These changes will make the rules more easily
understandable for the regulated community and regulatory
officials.
SUMMARY: Revision to update and clarify definitions, fees,
and standards for water system construction, well setbacks,
permits, registration, testing, MCLs, and reporting.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
SPECIFIC AUTHORITY: 381.006, 403.862(1)(f) FS.
LAW IMPLEMENTED: 381.006(1), 381.0061, 381.0062,
381.0202(3), 381.0067, 403.862(1)(f) FS.
DATE AND TIME: January 9, 2008, 9:00 a.m.
PLACE: Department of Health, 4042 Bald Cypress Way,
Tallahassee, Room 301, Tallahassee, Florida
contacting: Michelle Kearney, (850)245-4240. If you are
1(800)955-8770 (Voice).
PROPOSED RULES IS: Michelle Kearney, (850)245-4240, or
michelle_kearney@doh.state.fl.us
64E-8.001 Definitions.
(1) “Abandoned wWater wWell” – a well the use of which
has been permanently discontinued or which is in such a state
of disrepair that it cannot be used for its intended purpose.
(2) “Alteration” – a change, addition or deletion of the
water system capacity, water system storage, distribution, or
water treatment equipment.
(2)(3) “Construction plan” – a schematic drawing of the
water system components’ arrangement and connections,
which specifies each component’s model, brand, size, and
capacity, and the length and size of water pipes.
(3)(4) “Contaminant sSource” – any minor source such as
abandoned water wells, flooded areas, reclaimed water
distribution systems, sewage collection systems excluding
plumbing, onsite sewage treatment and disposal systems,
underground pollutant or petroleum storage and piping
facilities or other minor sources recognized by well permitting
agencies; and major sources such as animal feedlots, sewage
treatment systems, sewage, septage or wastewater treatment
plant residuals disposal areas, and solid waste disposal
facilities.
(4)(5) “Cross-cConnection” – any physical arrangement
whereby a potable water system is connected, directly or
indirectly with any other water supply system, sewer, drain,
conduit, pool, storage reservoir, plumbing fixture or other
device which contains or may contain contaminated water,
sewage or other waste or liquid of unknown or unsafe quality
which may contaminate the potable supply as a result of
backflow or back siphonage. Bypass arrangements, jumper
connections, removable sections, swivel or changeable devices
and other temporary or permanent devices through which or
because of which backflow can occur are considered to be
cross- connections.
(6) “Culinary” – of or relating to the preparation and
service of food, beverages, and dishwashing.
(7) “Dermal contact” – contact with the skin.
(5)(8) “Disinfectant” – any oxidant, for example: chlorine,
chlorine dioxide, chloramine or a process applied to water, in
any part of the treatment or distribution system, that is intended
to kill or inactivate pathogenic organisms.
(6)(9) “Establishment” – a non-residential building or
premise. This term excludes residential-based businesses
where there is no public consumption, or where patrons do not
visit, and where provided that they are not staffed by
non-resident employees work no more than as often as once
per week. This term also excludes non-residential locations
where there is no public consumption, where patrons do not
visit, and where employees work no more than once per week.
(7)(10) “Existing sSystem” – a water system that was
constructed and initially placed in service prior to January 1,
1993.
(8) “Health Advisory Level” (HAL) – the maximum
recommended level of a contaminant in potable water based on
human health concerns, as determined by the Florida
Department of Health. A list of the chemicals and their
established HALs are listed in the Florida Department of
Health Environmental Chemistry Analyte List, 10/30/07,
available from the Department of Health, Division of
Environmental Health/Water Programs at: 4052 Bald Cypress
Way, Bin C22, Tallahassee, FL 32399-1742, or
www.doh.state.fl.us/environment/community/health-advisory/
HAL_list.pdf.
(9) “Limited Use Public Water System” – a public water
system not covered or included in the Florida Safe Drinking
Water Act. This includes but is not limited to water systems
that serve the following:
(a) Two (2) or more rental residences or five (5) or more
non-rental residences, but no more than fourteen (14) service
connections and no more than twenty-four (24) persons;
(b) An establishment that serves any number of persons
for less than sixty (60) days per year, or no more than
twenty-four (24) persons for any number of days per year, or;
(c) An establishment that serves any number of persons for
any number of days per year provided that the system serves no
more than twenty-four (24) of the same persons for six (6) or
more months per year and there is no oral consumption of the
water by the transient population. Oral consumption includes
but is not limited to consumption of the water through water
fountains, cups, water-based beverages, dishwashing and water
used in food preparation. Oral consumption does not include
industrial food or beverage processing. Transient populations
include but are not limited to customers, clients, flow-through
traffic and church attendees.
(10) “Maximum Contaminant Level” (MCL) – the
maximum permissible level of a contaminant in potable water
delivered to consumers.
(11) “Modification” – a change, addition, or deletion of
the water system capacity, source, pumping, storage,
distribution, or treatment equipment.
(12) “Multifamily Water System” – a water system that
provides piped water to three (3) or four (4) residences, one of
which may be a rental residence. Examples include but are not
limited to water systems that serve the following:
(a) Three (3) or four (4) owner-occupied residences.
(b) Two (2) or three (3) owner-occupied residences plus
one (1) rental residence.
(c) Three (3) or four (4) residences on a property, where
one (1) residence is occupied by the property owner and the
remaining residences on the property are occupied by
non-renting family members of the property owner.
(d) Three (3) or four (4) residences on a property, where
one (1) residence is occupied by the property owner, one (1)
residence is a rental residence, and the remaining residences on
the property are occupied by non-renting family members of
the property owner.
(13)(11) “Rental rResidence” – a structure or part of a
structure that is rented for use as a home, residence, or sleeping
place by one or more persons, or a mobile home rented by a
tenant. This term does not apply to facilities offering transient
residency such as a public lodging establishment. This term
applies to a residence occupied by one or more persons other
than the property owner as documented on the warranty deed,
regardless of the occupant’s relationship to the owner, except
as described in the examples of Multifamily Water Systems in
paragraphs (12)(c) and (d) above with regards to non-renting
family members. This term also includes other facilities where
residency or detention is incidental to the provision of
employment or medical, geriatric, educational, counseling,
religious, or similar services, where each bed in such facilities
shall be considered a rental residence. This term does not apply
to facilities offering transient residency such as a public
lodging establishment.
(14)(12) “Repair” – replacement of the components in a
potable water system with components of equivalent capacity
and intended function.
(15)(13) “Sanitary sSurvey” – a combination inspection
and review of the water source, potential contaminant sources,;
system construction and operation including monitoring
compliance and consumption characteristics; and maintenance
to evaluate the system's capacity to provide potable water.
(16)(14) “Site pPlan” – a plan-view drawing, drawn to
scale or with actual dimensions noted, of the subject property
and the surrounding area, which locates the water source and
system, existing and proposed major contaminant sources
within one-thousand (1000) feet, existing and proposed minor
contaminant sources within two-hundred (200) feet, the slope
of land between the water and contaminant sources, and the
location of existing and proposed structures on the property.
(17)(15) “Source wWater” – raw water as it enters the
water system.
(18) “Supplier” – the person(s), company, corporation or
entity that owns or operates a Limited Use Public Water
System or Multifamily Water System.
(19)(16) “Water sSystem” – the mechanical and electrical
assembly of one or more pumps, pipes, storage structures,
treatment equipment, and distribution network meant to
provide water to the plumbing of a building or premise. For the
purposes of this chapter rule, except as described in subsection
64E-8.007(8), F.A.C., a water system does not include the well
or any connections after a the master water meter where the
water is obtained from a public water system that is covered or
included in the Florida Safe Drinking Water Act, the water is
not treated, collected or resold after the master water meter,
and the end user is not a carrier which conveys passengers in
interstate commerce.
Specific Authority 381.0011(4),(13), 381.006, 381.0062(1),(3)(a),
403.862(1)(f) FS. Law Implemented 381.006(1),(2), 381.0062(1)-(3),
403.862(1)(f) FS. History–New 1-1-93, Amended 8-20-96, Formerly
10D-4.024, Amended 1-26-98, 1-24-00,________.
(Substantial rewording of Rule 64E-8.002 follows. See Florida
Administrative Code for present text.)
64E-8.002 Limited Use Public Water System
Construction.
No person shall construct a new water well to supply a Limited
Use Public Water System unless a well construction permit has
been issued by the appropriate water management district or
their delegated well permitting agents, in accordance with Rule
62-532.400, F.A.C. and Chapter 40A-3, B-3, C-3, D-3, or E-3,
F.A.C. All wells serving Limited Use Public Water Systems
must be constructed in accordance with Rule 62-532.500,
F.A.C. and Chapter 40A-3, B-3, C-3, D-3, or E-3, F.A.C.
(1) To apply for new construction or modification of a
Limited Use Public Water System, an applicant must complete
Form DH 4092B, Application for Limited Use and
Multifamily Water System Construction Permit. Form DH
4092B, effective 9/07, is hereby adopted and incorporated by
reference, and can be obtained from the Department of Health,
Division of Environmental Health/Water Programs at: 4052
Bald Cypress Way, Bin C22, Tallahassee, Florida 32399-1742,
at www.doh.state.fl.us/environment/water/manual/encl1.htm,
or from the County Health Department (CHD). The applicant
must submit a completed Form DH 4092B to the Department
along with:
(2) Distances between contaminant sources and potable
water supply wells shall be maintained as specified in
subsection 62-532.400(7), F.A.C., Water Well Permitting and
Construction Requirements.
(a) Two (2) copies of a site plan and two (2) copies of a
construction plan. Each such plan shall be a minimum size of
8.5 x 11 inches and of sufficient clarity for reproduction.
(b) A $90 processing fee. For newly constructed systems,
this fee shall also serve as the annual operating permit fee for
the first year, or portion thereof, as described in Rule
64E-8.004, F.A.C.
(a) Wells shall be located upgradient of contaminant
sources, unless sanitary or safety concerns prevent this
placement.
(b) Abandonment of wells is required per Rule
62-532.440, F.A.C.
(3) Water systems shall be equipped with:
(a) A conveniently accessible, non-threaded downward
opening tap, located at least twelve (12) inches above grade
between the source and any storage or treatment equipment.
(b) A working pressure gauge.
(c) A six (6) foot by six (6) foot by four (4) inch thick
concrete apron centered around the well.
(d) An aboveground check valve between the raw water
source tap and the disinfectant injection point (for systems with
chemical disinfection).
(e) A well vent as described in paragraph
62-555.320(8)(c), F.A.C., for well pumps installed under a
water system construction permit issued by the Department on
or after the effective date of this chapter, unless the criteria for
exemption listed in that section are met.
(4) Systems shall be sized and designed as follows, unless
designed by a professional engineer:
(a) Calculate Peak Demand (PD) as follows:
PD = (GPD/T) x 0.1 + IF, where:
PD is Peak Demand in Gallons per minute (GPM);
GPD is projected Gallons per day from section 64E-6.008,
F.A.C., Table I;
T is daily time of system operation in hours (Use sixteen
(16) for limited use community systems or facilities open ten
(10) or more hours per day; use eight (8) for all other
facilities);
IF is the Irrigation flow factor (Use five (5) if site has lawn
or landscaping; use zero (0) if site has none).
(b) Minimum storage tank size:
1. A hydropneumatic tank shall be at least ten (10) times
the PD. For a flexible diaphragm or bladder tank, the amount
of water delivered between pump shutdown and start shall
equal or exceed the PD. Therefore:
Gross Storage Tank Volume, no disinfection = PD × 10
Drawdown Volume, bladder tank = PD
2. Beginning on the effective date of this chapter, where
continuous disinfection is required for groundwater supplied
systems to remove confirmed microbiological contamination,
Table 1 shall be used to determine the minimum water contact
time and free chlorine residual concentration needed at various
water temperatures:
(a) Inside pipe diameter size requirements are as listed in
Table 2, unless designed by a professional engineer:
Table 2: Minimum Water System Pipe Size
Table 1: Minimum Free Chlorine Residual (mg/L)
Contact
Time
15
minutes
30
minutes
45
minutes
Water Temperature1
36°F
NA
41.0°F
NA
50.0°F
NA
59.0°F
2.7
68.0°F
2.0
77.0°F
1.4
3.5
2.7
2.0
1.4
1.0
0.7
2.4
1.8
1.4
0.9
0.7
0.5
Table 1 Notes:
Above values are based on a water pH of no greater than 9.0
and a baffling factor of 0.1 (no baffling). Water temperature,
pH and free chlorine residuals are based on the water exiting
the contact tank.
1
For initial design of disinfection systems, use the coldest
anticipated water temperature exiting the contact tank.
a. Therefore, the effective water contact volume for
groundwater supplied systems shall be a minimum of either
fifteen (15) or thirty (30) times the PD (to achieve a minimum
water contact time of either 15 or 30 minutes with the
disinfectant at peak demand flow, based on Table 1 values).
b. The effective water contact volume in hydropneumatic
tanks shall be no more than 50% of the gross hydropneumatic
tank volume, therefore:
Gross Hydropneumatic Tank Volume = PD x Contact
Time/0.5
c. A flexible diaphragm or bladder storage tank may not be
used as a contact tank.
d. 100% of the volume of a second, airless retention tank
may be considered effective volume.
e. Influent and effluent contact tank piping shall enter and
exit at opposite ends of the longest tank dimension.
(c) Pump capacity shall be as large as the PD.
(d) Filtration to remove oxidation precipitates shall be
required if they invalidate microbiological tests.
(e) Beginning on the effective date of this chapter, systems
supplied by surface water or cisterns, and systems supplied by
groundwater where continuous disinfection is required but is
not designed according to Table 1 above, must be designed by
a professional engineer and must include treatment designed
according to Chapters 3 and 4 of the Guidance Manual for
Compliance with the Filtration and Disinfection Requirements
for Public Water Systems Using Surface Water Sources, March
1991 Edition, available from the U.S. Environmental
Protection Agency (EPA) at: Office of Groundwater and
Drinking Water (4601), Ariel Rios Building, 1200
Pennsylvania Avenue NW, Washington, DC, 20460-0003, or
www.epa.gov/safewater/mdbp/implement.html. All such plans
must be reviewed and approved by the Department’s Bureau of
Water Programs.
(5) Piping:
For GPM1 up to:
Or length2 up to:
Use pipe diameter:
6
50’
1/2”
10
100’
3/4”
15
200’
1”
25
300’
1 1/4”
35
400’
1 1/2”
60
90
600’
800’
2”
2 1/2”
125
1000’
3”
Table 2 Notes:
These figures prevent water velocity from exceeding six (6)
feet per second, and pressure loss from exceeding twenty (20)
pounds per square inch per one-hundred (100) feet of pipe at
peak demand based upon Hazen & Williams friction loss tables
using constant = 150.
1
Use Gallons per minute flow from Peak Demand calculation
in section (4) above.
2
Distribution pipe lengths shall be summed to find the length
factor in column two.
(b) Potable water pipes shall be no closer than five (5) feet
horizontally to building sewer pipes and effluent transmission
lines of an onsite sewage treatment and disposal system
(OSTDS) as defined in Rule 64E-6.002, F.A.C. This separation
shall not apply where all portions of the bottom of the water
pipe within five (5) feet of the sewer pipe are a minimum of
twelve (12) inches above the top of the sewer pipe, or the water
pipe is sealed with a waterproof sealant within a sleeve of
similar or stronger material pipe to a distance of at least five (5)
feet from the nearest portion of the sewer pipe.
(c) Potable water pipes shall meet all separation
requirements to sanitary or storm sewers, wastewater or
stormwater force mains, and reclaimed water pipelines as
described in Rule 62-555.314, F.A.C.
(d) Potable water pipes shall be no closer than ten (10) feet
horizontally to an OSTDS unless such water pipes are sealed
with a waterproof sealant within a sleeve of similar or stronger
material pipe to a distance of at least ten (10) feet from the
nearest portion of the OSTDS. In no case shall the sleeved
water pipe be located within twenty-four (24) inches laterally
of the OSTDS. Water pipes within five (5) feet of a drainfield
shall not be located at an elevation lower than the drainfield
absorption surface.
(e) Both new and replacement pipes shall be no more than
8.0% lead, and new and replacement flux or solders shall be no
more than 0.2% lead.
(6) All equipment shall be installed and operated in
accordance with manufacturer's instructions and specifications.
Only food or water-grade chemicals, equipment and materials
shall be used. These items shall meet the standards of the U.S.
Food and Drug Administration under Title 21 of the Code of
Federal Regulations (CFR) Parts 170-199, and pertinent
Federal Registers; or meet the National Sanitation
Foundation/American National Standards Institute, NSF/ANSI
Standard 60-2005, entitled Drinking Water Treatment
Chemicals – Health Effects, and NSF/ANSI Standard 61-2007,
entitled Drinking Water System Components – Health Effects,
available from NSF International at P. O. Box 130140, Ann
Arbor, Michigan, 48113-0140; or meet the standards of another
ANSI accredited testing and certification organization.
(7) The Department shall issue a permit to construct or
modify a Limited Use Public Water System provided that:
(a) All items in subsection (1) above have been submitted.
(b) All submitted plans and application materials meet the
criteria listed in subsections (2) through (6) above.
(c) The Department has performed a sanitary survey and
has verified that the actual site conditions are as indicated on
the submitted plans and application materials and meet the
criteria listed in subsection (2) above.
(8) Water system construction or modification permits are
valid for eighteen (18) months. An extension of time to
complete construction or modification shall be granted for a
period of ninety (90) days if the Department receives a written
request from the applicant prior to expiration of the
construction permit and the conditions under which the
original construction permit was granted have not changed.
(9) Upon completion of water system construction or
modification, the applicant shall perform a water quality
clearance as follows:
(a) Microbiological analysis of five (5) source water
samples:
1. One (1) source water sample shall be collected per day
for five (5) days within a period of twenty-three (23)
consecutive days. Collection of two (2) samples per day is
permitted if collected six (6) hours apart and the pump is run at
rated capacity for at least fifteen (15) minutes before each
collection.
2. No more than one (1) of these five (5) samples and
neither of the last two of these samples shall reveal the
presence of coliform bacteria.
(b) One (1) microbiological analysis of a remote
distribution water sample per day for two (2) consecutive days.
(c) One (1) Lead analysis of a first draw water sample
collected from an indoor tap after the water has been
undisturbed in the plumbing for at least six (6) hours.
(d) One (1) Nitrate (Nitrate as N) analysis of a source
water sample.
(e) Any analyses required per subsection 64E-8.006(4) or
Rule 64E-8.007, F.A.C.
The results of such analyses shall not exceed the Maximum
Contaminant Levels (MCL) or Health Advisory Levels (HAL)
listed in subsection 64E-8.006(2), F.A.C.
(10) To obtain approval to place a new or modified
Limited Use Public Water System into service, the applicant
must submit a completed Form DH 4092A, Application for
Limited Use Public Water System Operation, and obtain either
an annual operating permit, or a Registration exemption as
described in subsection 64E-8.004(5), F.A.C. Form DH
4092A, effective 9/07, is hereby adopted and incorporated by
reference, and can be obtained from the Department of Health,
Division of Environmental Health/Water Programs at: 4052
Bald Cypress Way, Bin C22, Tallahassee, Florida 32399-1742,
at www.doh.state.fl.us/environment/water/manual/encl1.htm, or
from the CHD.
(a) The Department shall then issue an annual operating
permit or a Registration provided that:
1. The Department has inspected the system and has
verified that it was constructed according to the approved
plans, in compliance with this section, and meets the operating
and maintenance standards of Rule 64E-8.005, F.A.C.
2. Satisfactory results of the analyses listed in subsection
(9) above have been submitted.
3. A copy of the well completion report prepared per Rule
62-532.410, F.A.C., has been submitted.
(b) If deficiencies are found, written notice shall be
provided to the applicant by the Department. Deficiencies shall
be corrected within ninety (90) days of the expiration date of
the construction or modification permit, unless a time
extension is granted in writing by the Department.
(c) Re-inspection requests must be accompanied by a $40
fee.
Specific Authority 381.0011(4,13), 381.006, 381.0062(1),(3)(a),
403.862(1)(f) FS. Law Implemented 381.0012, 381.0061, 381.0067,
381.006(1),(2), 381.0062(1)-(3), 403.862(1)(f) FS. History–New
1-1-93. Amended 8-20-96, Formerly 10D-4.025, Amended 1-26-98,
1-24-00, 11-13-00, 10-7-02,________.
64E-8.003 Private and Multi-family Water System
Construction.
Any new or modified Multifamily Water System, any
Multifamily Water System that was constructed and initially
placed into service on or after January 1, 1993 that did not
obtain construction approval from the Department at the time
of construction, or any water system that was constructed and
initially placed into service on or after January 1, 1993 that is
now being converted into a Multifamily Water System, must
obtain construction approval from the Department and is
subject to the following requirements:
(1) All new potable wells serving Private or Multifamily
Water Systems must be constructed in accordance with Rule
62-532.500, F.A.C. and Chapter 40A-3, B-3, C-3, D-3 or E-3,
and shall be separated from major contaminant sources per
subsection 64E-8.002(2), F.A.C.
(a) Multifamily Water Systems must also meet the criteria
in subsections 64E-8.002(4), (5) and (6), F.A.C.
(b) Private Water Systems must also meet the criteria in
paragraph 64E-8.002(5)(e) and subsection (6), F.A.C.
(2) To apply for Multifamily Water System construction or
modification approval, an applicant must complete and submit
Form DH 4092B, effective 9/07, to the Department along with:
(a) Two (2) copies of a site plan and two (2) copies of a
construction plan. Each such plan shall be a minimum size of
8.5 x 11 inches and of sufficient clarity for reproduction.
(b) A $75 processing fee.
(3) The Department shall issue a permit to construct or
modify a Multifamily Water System provided that:
(a) All items in subsection (2) above have been submitted.
(b) All submitted plans and application materials meet the
criteria listed in subsection (1) above for Multifamily Water
Systems.
(c) The Department has performed a sanitary survey and
has verified that the actual site conditions are as indicated on
the submitted plans and application materials and meet the
criteria listed in subsection (1) above for Multifamily Water
Systems.
(4) Multifamily Water system construction or modification
approval is valid for eighteen (18) months. An extension of
time to complete construction or modification shall be granted
for a period of ninety (90) days if the Department receives a
written request from the applicant prior to expiration of the
construction permit and the conditions under which the
original construction permit was granted have not changed.
(5) Upon completion of Multifamily Water System
construction, the applicant shall perform a water quality
clearance as follows:
(a) One (1) microbiological analysis of a source water
sample per day for two (2) consecutive days.
(b) One (1) microbiological analysis of a remote
distribution water sample.
(c) One (1) Lead analysis of a first draw water sample
collected from an indoor tap after the water has been
undisturbed in the plumbing for at least six (6) hours.
(d) One (1) Nitrate (Nitrate as N) analysis of a source
water sample.
Such analyses shall be performed in accordance with
subsection 64E-8.006(1), F.A.C., and the results of such
analyses shall not exceed the MCLs listed in subsection
64E-8.006(2), F.A.C.
(6) Upon request by the applicant, the Department shall
inspect to determine if the Multifamily System has been
constructed in compliance with the approved plans and with
this section. Upon a satisfactory inspection by the Department,
receipt of satisfactory results of the analyses listed in section
(5) above, and receipt of a copy of the well completion report
prepared per Rule 62-532.410, F.A.C., the Department shall
issue written approval to operate the Multifamily Water
System.
(a) If deficiencies are found, written notice shall be
provided to the applicant by the Department. Deficiencies shall
be corrected within ninety (90) days of the expiration date of
the construction permit, unless a time extension is granted in
writing by the Department.
(b) Re-inspection requests must be accompanied by a $40
fee.
(7) An Existing water system supplied by a domestic well
that was constructed and initially placed into service prior to
January 1, 1993 and that is now being converted into a
Multifamily Water System, must obtain approval to operate the
converted Multifamily System.
(a) Such converted Multifamily Water Systems shall meet
the minimum setback distances listed in subsection (1) above
except that a system supplied by a well constructed prior to
January 1, 1972 that is greater than or equal to fifty (50) feet
from an OSTDS shall be accepted without a variance.
(b) To obtain approval to operate such a converted
Multifamily Water System, an applicant must complete and
submit Form DH 4092B, effective 9/07, to the Department
along with:
1. A site plan of minimum size of 8.5 x 11 inches and of
sufficient clarity for reproduction.
2. A $75 processing fee.
3. Satisfactory water quality results for the analyses listed
in section (5) above.
(c) Upon a satisfactory inspection by the Department that
verifies compliance with the minimum setback distances listed
in paragraph (7)(a) above and receipt of the items listed in
paragraph (7)(b) above, the Department shall issue written
approval to the supplier to operate the converted Multifamily
Water System.
(d) If deficiencies are found, written notice shall be
provided to the applicant by the Department. Re-inspection
requests must be accompanied by a $40 fee.
Specific Authority 403.862(1)(f), 381.0011(4),(13), 381.006,
381.0062(1),(3)(a) FS. Law Implemented 381.0012, 381.0061,
381.0067, 381.006(1),(2), 381.0062(1)-(3), 403.862(1)(f) FS.
History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.026,
Amended 1-26-98, 1-24-00, 11-13-00, 10-7-02,________.
64E-8.004 Annual Operating Permits, Existing Systems,
Systems Constructed On or After 1/1/93, Annual Inspections
and Registrations.
(1) Annual operating permits are required for all Limited
Use Public Water Systems, except those systems Registered
per section (5) below. Issuance of initial annual operating
permits for modified or newly constructed and approved
Limited Use Public Water Systems is described in subsection
64E-8.002(10), F.A.C. Annual operating permits are not
transferable to new persons, expire on September 30 of each
year, and must be renewed on an annual basis. Renewal and
change of owner fees for annual operating permits are as
follows:
(a) Limited use commercial water systems which serve
family day care establishments as described in Chapter
65C-20, F.A.C.: Annual renewal; $30. Change of owner
between October 1 and March 31; $30. Change of owner
between April 1 and September 30; $15.
(b) All other Limited Use Public Water Systems: Annual
renewal; $90. Change of owner between October 1 and March
31; $90. Change of owner between April 1 and September 30;
$45.
(2) Existing Limited Use Public Water Systems that were
constructed and initially placed into service prior to January 1,
1993, except those systems that obtain a Registration per
subsection (5) below, must obtain an annual operating permit
from the Department.
(a) To obtain an initial annual operating permit for an
Existing system, the following must be submitted to the
Department:
1. A completed Form DH 4092A, effective 9/07.
2. A $90 operating permit fee if between October 1 and
March 31, or $45 operating permit fee if between April 1 and
September 30. Limited use commercial water systems which
serve family day care establishments as described in Chapter
65C-20, F.A.C., shall pay an operating permit fee of $30 if
between October 1 and March 31, or $15 operating permit fee
if between April 1 and September 30.
3. A site plan and a construction plan. Each such plan shall
be a minimum size of 8.5 x 11 inches and of sufficient clarity
for reproduction.
4. A well completion report, if available.
5. Satisfactory water quality analysis results for the
following:
a. One (1) microbiological analysis of a source water
sample per day for two (2) consecutive days.
b. One (1) microbiological analysis of a water sample
from the distribution system.
c. One (1) Lead analysis of a first draw water sample
collected from an indoor tap after the water been undisturbed
in the plumbing for at least six (6) hours.
d. One (1) Nitrate (Nitrate as N) analysis of a source water
sample.
e. Any satisfactory analyses required per subsection
64E-8.006(4), F.A.C.
(b) The following requirements shall apply to Existing
systems:
1. Minimum setback distances listed in subsection
64E-8.002(2), F.A.C., shall be met except that a system
supplied by a well constructed prior to January 1, 1972 that is
greater than or equal to fifty (50) feet from an OSTDS, or a
well constructed prior to January 1, 1993 that is greater than or
equal to seventy-five (75) feet from an OSTDS, shall be
accepted without a variance if the OSTDS is in compliance
with Chapter 64E-6, F.A.C.
2. The well must meet the construction standards that were
required at the time of original installation for potable wells.
3. The system must maintain a minimum water pressure of
twenty (20) pounds per square inch throughout the water
system at all times.
4. The system shall contain no cross-connections.
5. The system must be equipped with a raw water source
tap as described in paragraph 64E-8.002(3)(a), F.A.C., or, at a
minimum, an outside untreated water tap or hose bib.
6. The system must meet all other operating and
maintenance standards of Rule 64E-8.005, F.A.C.
7. Existing systems supplied by surface water or cisterns
must meet the design and treatment standards of section
paragraph 64E-8.002(4)(e), F.A.C.
(c) Upon receipt of satisfactory items listed in paragraph
(2)(a) above, and a satisfactory inspection by the Department
that verifies compliance with paragraph (2)(b) above, the
Department shall issue an annual operating permit to the
supplier.
(e) An Existing water system supplied by a domestic well
that was constructed and initially placed into service prior to
January 1, 1993 and that is now being converted into a Limited
Use Public Water System, must obtain an annual operating
permit according to the same requirements for Existing
systems as listed in paragraphs (2)(a) through (d) above, or a
Registration exemption as described in subsection (5) below.
(3) A Limited Use Public Water System that was
constructed and initially placed into service on or after January
1, 1993 that did not obtain construction approval from the
Department at the time of construction, or any water system
that was constructed and initially placed into service on or after
January 1, 1993 that is now being converted into a Limited Use
Public Water System, must obtain an annual operating permit
or a Registration exemption from the Department and is
subject to all construction, water quality clearance and
permitting requirements for new Limited Use Public Water
Systems as described in Rule 64E-8.002, F.A.C.
(4) Each year, prior to expiration and renewal of a Limited
Use Public Water System’s annual operating permit, the
Department shall conduct an inspection of the water system
and shall collect and perform one (1) microbiological analysis
of a water sample from the distribution system for no
additional fee. When treatment includes disinfection, one (1)
microbiological source water sample shall also be collected
and analyzed on the same day as the distribution water sample.
The following standards shall be checked during the inspection
and shall be in compliance prior to renewal of an annual
operating permit:
(a) The water pressure must be a minimum of twenty (20)
pounds per square inch throughout the water system at all
times;
(b) The water system shall contain no cross-connections;
(c) The system must be equipped with:
1. For systems constructed after January 1, 1993: A raw
water source tap as described in paragraph 64E-8.002(3)(a),
F.A.C., and a structurally sound concrete apron as described in
paragraph 64E-8.002(3)(c), F.A.C., or;
2. For Existing systems: A raw water source tap as
described in paragraph 64E-8.002(3)(a), F.A.C., or, at a
minimum, an outside untreated water tap or hose bib.
(d) All chemically disinfected systems shall have an
aboveground check valve between the raw water source tap
and the disinfectant injection point;
(e) Chemically disinfected systems must be in compliance
with the disinfectant residual limits of paragraph
64E-8.005(1)(d), F.A.C.;
(f) The system must be in compliance with all operating
and maintenance standards listed in Rule 64E-8.005, F.A.C.
(g) The system or system use has not been modified
without prior approval by the Department.
(h) The supplier has submitted all required routine water
quality analysis results listed in subsection 64E-8.006(3),
F.A.C.
If deficiencies are found, written notice shall be provided to the
supplier by the Department. All reinspections conducted by the
Department to verify correction of deficiencies are subject to a
reinspection fee of $40.
(5) Suppliers of Limited Use Commercial Public Water
Systems that do not make tap water available for public
consumption are eligible for a Registration exemption if the
system meets the water quality standards of subsection
64E-8.006(2), F.A.C., and does not require continuous
disinfection to remove microbiological contamination.
Registered systems are exempt from obtaining annual
operating permits. If corrective treatment equipment is
required to correct a chemical MCL or HAL violation, the
supplier shall not be eligible for a Registration exemption and
shall be required to obtain an annual operating permit, unless
the treatment equipment is actively managed and maintained
by the Department of Environmental Protection’s Water
Supply Restoration Program.
(a) The supplier of a newly constructed and approved
Limited Use Commercial Public Water System as described in
subsection 64E-8.002(10), F.A.C., may apply for a
Registration exemption by submitting a completed Form DH
4095, Application for Limited Use Commercial Water System
Registration, along with a $15 application fee to the
Department. Form DH 4095, effective 9/07, is hereby adopted
and incorporated by reference, and can be obtained from the
Department of Health, Division of Environmental
Health/Water Programs at: 4052 Bald Cypress Way, Bin C22,
Tallahassee, Florida 32399-1742, at www.doh.state.fl.us/
environment/water/manual/encl1.htm, or from the CHD. Upon
receipt of these items and an inspection by the Department that
verifies compliance with the above criteria for Registration, the
Department shall issue written authorization to operate the
Registered system.
(b) Eligible system owners of Existing systems may apply
for a Registration exemption by submitting the following to the
Department:
1. A completed Form DH 4092A, Application for Limited
Use Public Water System Operation, along with a $90
application fee. The Department shall waive this requirement
upon conversion from a current annually permitted system to a
Registered system.
2. A completed Form DH 4095, Application for Limited
Use Commercial Water System Registration, along with a $15
application fee.
3. A site plan and a construction plan. Each drawing shall
be a minimum size of 8.5 x 11 inches and of sufficient clarity
for reproduction.
4. A well completion report, if available.
5. Satisfactory water quality analysis results for the
following:
a. One (1) microbiological analysis of a source water
sample per day for two (2) consecutive days and one (1)
microbiological analysis of a water sample from the
distribution system. The Department shall waive these
microbiological sampling requirements if the system
classification is being changed from a current annually
permitted system to a Registered system, or if the supplier is
applying for re-registration due to changes in business activity
or ownership per paragraph (5)(f) below, provided that all
previously required microbiological sample analyses have
been satisfactory for the previous calendar year and the system
has not been modified without prior approval from the
Department.
b. One (1) Lead analysis of a first draw water sample
collected from an indoor tap after the water been undisturbed
in the plumbing for at least six (6) hours, performed within the
last five (5) years;
c. One (1) Nitrate (Nitrate as N) analysis of a distribution
water sample, performed within the last five (5) years.
d. Any satisfactory analysis required per subsection
64E-8.006(4), F.A.C.
(c) Upon receipt of satisfactory items listed in paragraph
(5)(b) above and a satisfactory inspection by the Department
that verifies compliance with subpargraphs (2)(b)1. through 6.
above, the Department shall issue written authorization to
operate the Registered system.
(e) In order to retain their potable water status as is
required by the Federal Occupational Health and Safety
Administration under 29 CFR 1910.141 and the Florida
Plumbing Code, suppliers of Registered systems as described
within this section must perform annual testing for bacteria in
the form of one (1) satisfactory microbiological sample per
year. Such analyses shall be performed no more than twelve
(12) months apart and the results shall be provided to the
Department no later than fifteen (15) days after the time period
in which the sample was required. If this annual testing is not
performed, the Department may revoke the Registration
exemption and require the supplier to either obtain an annual
operating permit per subsection (1) above, or reapply for
Registration by submitting the items listed in subparagraphs
(5)(b)2. through 5., above.
(f) Re-registration of eligible water systems is required
prior to any change in business activity or upon change of
system ownership. To re-register, the supplier shall submit the
items listed in subparagraphs (5)(b)1. through 5., above.
381.0062(1),(3)(a),(6) FS. Law Implemented 381.0012, 381.0061,
381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. History–New
1-1-93. Amended 8-20-96, Formerly 10D-4.027, Amended 1-26-98,
1-24-00, 11-13-00, 10-7-02,________.
64E-8.005 Operation and Maintenance.
(1) The following operating standards shall apply to all
permitted Limited Use Public Water Systems:
(a) All components shall function properly at all times.
(b) Should the system shut down, the supplier shall take
steps to restore it immediately. The supplier shall alert all users
in advance of maintenance that will cause pressure loss or
water quality change. The supplier shall follow the standards
outlined in the Guidelines for the Issuance of Precautionary
Boil Water Notices, 12/11/06 revision, available from the
Department of Health, Division of Environmental
Health/Water Programs at: 4052 Bald Cypress Way, Bin C22,
Tallahassee, FL 32399-1742, or www.doh.state.fl.us/
environment/water/manual/boilnew.htm.
(c) The supplier shall alert the CHD county health
department twenty-four (24) hours in advance where possible,
but no later than the next business day after any shutdown or
treatment failure, or within twenty-four (24) hours after
discovering sabotage or vandalism to the water system.
(d) Where continuous disinfection is required to remove
confirmed microbiological contamination, dDisinfection
equipment shall maintain the a free available chlorine residual
and total chlorine residual between 0.2 milligrams per liter
(mg/L) and 4.0 mg/L free available chlorine residual or 5.0
mg/L total chlorine residual throughout the entire system, or
the equivalent of these limits as determined by the
Ddepartment. A functional disinfectant concentration test kit
shall be kept on site at all times.
1. Where continuous disinfection is required, the supplier
shall test the chlorine residual daily by using a N,
N-Diethyl-p-Phenylenediamine (DPD) color comparison test
kit, or a portable spectrophotometer test kit and post the results
in a log kept on premises. The test kit shall be functional and
kept on site at all times. The Ddepartment shall specify tests
for alternative disinfectants upon construction approval.
2. Where continuous disinfection is required for a Limited
Use Community System and a chemical disinfectant is used,
the supplier shall assure a state certified water treatment plant
operator services the system weekly.
3. Where continuous disinfection was initially required
prior to the effective date of this chapter, the effective water
contact volume for groundwater supplied systems shall be 15
times the PD, and the effective water contact volume for
surface water supplied systems shall be 120 times the PD (in
order to achieve a minimum water contact time of 15 or 120
minutes, respectively, with the disinfectant at peak demand
flow).
4. Where continuous disinfection was initially required for
a groundwater supplied system on or after the effective date of
this chapter, the system must maintain the minimum required
water contact time and free chlorine residual based on the
water temperature exiting the contact tank according to Table
1, or designed in accordance with Chapters 3 and 4 of the U.S.
EPA Guidance Manual for Compliance with the Filtration and
Disinfection Requirements for Public Water Systems Using
Surface Water Sources, March 1991 Edition.
5. Where disinfection equipment is installed on a Limited
Use Public Water System but is not required, the free available
chlorine residual and total chlorine residual shall not exceed
4.0 mg/L throughout the entire system.
(e) The system shall maintain a minimum water pressure
of twenty (20) pounds per square inch throughout the water
system at all times.
(f) The water system shall contain no cross-connections.
(2) The following maintenance standards shall apply to all
Limited Use Public Water permitted Ssystems:
(a) All components shall be in good repair and used as
intended.
(b) Replacement of components shall be with new or
like-new products, approved per subsection rule 64E-8.002(6),
F.A.C. and equal to those originally approved.
(c) The vicinity within five (5) feet of the water system
and well shall be free of vegetation, debris and hazards which
could prevent or hinder inspection.
(d) If an emergency modification is performed, alteration
occurs, the supplier must apply submit a completed Form DH
4092B to the Ddepartment for system modification per Rule
64E-8.002, F.A.C., on the next business day.
(e) The supplier shall record the date and type of all post
maintenance and repairs performed on the system /repair dates
and type in a log kept on the premises.
(f) Systems vulnerable to vandalism shall be secured, but
any enclosure shall not restrict visibility or authorized access
for inspection.
(g) The upper end of the well casing shall be watertight
except for vents which shall be directed downward and
protected with 20-mesh screen.
(h) Any chemical which could contaminate the water
supply shall not be stored within twenty-five (25) feet of the
well head unless the chemical container is in an additional,
above-ground containment structure capable of containing the
full volume of the chemical.
381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS. History–New
1-1-93, Amended 8-20-96, Formerly 10D-4.028, Amended 1-26-98,
10-7-02,________.
64E-8.006 Water Quality Standards and Monitoring for
Limited Use Public Water Systems.
(1) Water quality samples collected for compliance with
this chapter, except chlorine residuals, shall be analyzed by a
laboratory certified for the contaminant by the Department in
accordance with Chapter 64E-1, F.A.C., and shall be analyzed
using a Department-certified method for analyzing drinking
water samples. Approved methods for analyzing drinking
water compliance samples are available at the U.S. EPA Office
of Groundwater and Drinking Water website at www.epa.gov/
safewater/methods/methods.html. Microbiological analyses
shall be in accordance with those methods specified in 40 CFR
141.21(f). Chemical analyses shall be in accordance with those
methods specified in 40 CFR 141.23(k).
(2) Analysis results of water quality samples collected for
compliance with this chapter shall not exceed the following
standards:
(a) Chemical Maximum Contaminant Levels (MCL) and
Health Advisory Levels (HAL):
1. Lead – 0.015 milligrams per liter (mg/L).
2. Nitrate as N – 10.0 mg/L.
3. Other primary drinking water contaminant MCLs listed
in Rule 62-550.310, F.A.C.
4. Drinking water HALs as defined in subsection
64E-8.001(8), F.A.C.
(b) Microbiological Maximum Contaminant Levels
(MCL):
1. A total coliform MCL violation occurs when a total
coliform test reveals the presence of total coliform bacteria in
any compliance and repeat sample.
2. A fecal coliform MCL violation occurs when a fecal
coliform or E. coli test reveals the presence of fecal coliform or
E. coli in any compliance or repeat sample, provided the repeat
test is positive for total coliform bacteria.
3. The supplier shall collect a repeat sample on the first
business day following notification that coliform bacteria were
present in the previous sample. Failure to provide a repeat
sample to the laboratory by the deadline specified by the
Department will result in use of the previous sample's results as
if they were the repeat sample’s results.
4. Unless coliform bacteria are present, a result of too
numerous to count (TNTC), confluent or turbid with the
absence of gas or acid, is invalid and the supplier shall collect a
replacement sample on the next business day after notification
of the invalid results.
(3) The following monitoring schedule applies to annually
permitted Limited Use Public Water Systems:
(a) Analysis of water samples for Lead and Nitrate per
paragraphs 64E-8.002(9)(c) and (d), F.A.C., is required once
every thirty-six (36) months for Limited Use Community
Systems, or once every sixty (60) months for Limited Use
Commercial Systems. Such analyses shall be performed no
more than 36 months or 60 months apart, respectively. The
Department shall require more frequent chemical monitoring if
analysis results indicate the presence of contaminants which
may pose a threat to public health.
(b) One (1) microbiological analysis of a water sample
from the distribution system is required once every calendar
quarter (one sample during each of the following periods:
January through March; April through June; July through
September; October through December). Whenever possible,
each quarterly sample shall be collected during the middle
month of each period (February, May, August and November)
in order to allow time for laboratory analysis and reporting of
results.
1. When treatment includes disinfection, one (1)
microbiological source water sample must also be collected on
the same day as the distribution water sample.
2. The Department may increase microbiological analysis
frequency to a monthly basis for a period of one (1) year or
more if the water source or water system has a history of
intermittent unsatisfactory microbiological analysis results.
(4) Additional analyses for contaminants shall be required
for a system if:
(a) The well is located within a Department of
Environmental Protection (DEP) delineated area under Chapter
62-524, F.A.C.
(b) The well is within one-thousand (1000) feet of a
contaminated well or a known contaminant source.
(c) The analyses are required per Rule 64E-8.007, F.A.C.
(5) All Limited Use Public Water System suppliers shall
report water sample analysis results to the Department within
five days of receipt of the results. Analysis results for chemical
samples required by paragraph (3)(a) above must be submitted
no later than thirty (30) days after the time period in which the
sample was required. Analysis results for microbiological
samples required by paragraph (3)(b) above must be submitted
no later than fifteen (15) days after the time period in which the
sample was required. These reporting deadlines in no way
change the compliance sampling time periods in which sample
analysis is required to be performed by the supplier.
(a) Any chemicals or pathogens detected in concentrations
that exceed a published MCL or HAL shall be reported by the
supplier to the Department and removed by corrective actions
taken by the supplier per Rule 64E-8.007, F.A.C.
(b) Laboratories must report to the supplier and to the
Department all positive microbiological water sample analysis
results and any water sample analysis results that exceed a
published MCL or HAL no later than the end of the next
business day after the result was determined, by telephone,
facsimile, or e-mail. Positive fecal coliform or E. coli results
must be reported to the supplier and to the Department as soon
as possible, but no later than the end of the day in which the
result was determined in accordance with subsection
64E-1.005(2), F.A.C.
(6) Fees charged to the supplier when samples are
submitted by or through the Department for routine
monitoring, for a well or water system clearance or for a
private request shall include laboratory analysis costs for each
sample analyzed, any locally mandated fees and shipping fees.
(7) Department staff may collect compliance samples
upon a supplier’s request for a fee of $50 per microbiological
sampling site visit, $60 per chemical sampling site visit, or $70
per combined chemical and microbiological sampling site visit,
plus any locally mandated fees, laboratory analysis fees and
shipping fees.
Specific Authority 403.862(1)(f), 381.0011(4),(13), 373.309, 381.006,
381.0062(1),(3)(a), 381.0202(3) FS. Law Implemented 381.0012,
381.0061, 381.0067, 373.309(1)(e)6., 381.006(1),(2), 381.0062,
403.862(1)(f), 381.0202(3) FS. History–New 1-1-93, Amended
8-20-96, Formerly 10D-4.029, Amended 1-26-98, 1-24-00, 11-13-00,
________.
64E-8.007 Corrective Actions.
Subsections (1) through (7) below apply to all Limited Use
Public Water Systems. Chemical and microbiological MCLs
and HALs are listed in subsection 64E-8.006(2), F.A.C.
Disinfection of a water system as required by subsection (3) or
(4) below to remove bacteriological contamination shall be
accomplished by interrupting service and maintaining a
minimum 50 mg/L solution of free available chlorine or its
equivalent throughout the system for a minimum of three
hours, then reducing the concentration to less than or equal to
4.0 mg/L prior to service being restored.
(1) When a microbiological sample analysis reveals the
presence of coliform bacteria, the supplier must perform repeat
testing within one (1) business day following notification as
described in subparagraph 64E-8.006(2)(b)3., F.A.C.
(2) An acute risk to health exists when a chemical MCL or
HAL violation occurs, or when a fecal coliform MCL violation
occurs. Upon occurrence of such an acute risk, immediate
action shall be taken by the supplier to prevent consumer
exposure, and shall include:
(a) Written public notice to consumers per Rule
64E-8.008, F.A.C.
(b) For chemical MCL or HAL violations, provision of
temporary access to an approved alternative source of water, or
provision of one gallon per day per person of a state permitted
brand of bottled water to consumers until a permanent solution
is completed per subsection (5) below.
(c) For fecal coliform MCL violations, issuance of a boil
water notice according to the Guidelines for the Issuance of
Precautionary Boil Water Notices as referenced in paragraph
64E-8.005(1)(b), F.A.C. In addition, the supplier shall take
those actions required in subsection (3) or (4) below.
(3) For total and fecal coliform MCL violations in the
well, the supplier shall:
(a) Disinfect the system within twenty-four (24) hours of
notification of the MCL violation, then within twenty-four (24)
hours of disinfection, perform a five (5) sample
microbiological well survey as described in paragraph
64E-8.002(9)(a), F.A.C. If the results are still unsatisfactory
per subparagraph 64E-8.002(9)(a)2., F.A.C., then;
(b) Within ten (10) days of receipt of the test results, apply
to the Department for a system modification permit per Rule
64E-8.002, F.A.C., for installation of continuous disinfection
treatment equipment or construction of a new well. Then;
1. Install treatment equipment within fourteen (14) days of
issuance of the modification permit, then within seven (7) days
of equipment installation, perform a satisfactory two (2)
consecutive day distribution system microbiological clearance,
or;
2. Construct a new well within fourteen (14) days of
issuance of the modification permit, then within seven (7) days
of well installation, begin a satisfactory five (5) sample
microbiological well survey as described in paragraph
64E-8.002(9)(a), F.A.C., and a two (2) consecutive day
distribution system microbiological clearance.
(4) For total and fecal coliform MCL violations in the
system, the supplier, within twenty-four (24) hours of
notification of the MCL violation, shall verify the water quality
of the system by collecting one (1) source water sample and
one (1) repeat sample within the system at the same location
that revealed the bacteria, then, if only the system still contains
water violating the coliform MCL;
(a) Disinfect the system within twenty-four (24) hours of
receipt of the confirmation test results, then within twenty-four
(24) hours of disinfection, perform a two (2) consecutive day
distribution system microbiological clearance. If the results are
still unsatisfactory, then;
(b) Within ten (10) days of receipt of the test results, apply
to the Department for a system modification permit per Rule
64E-8.002, F.A.C., for installation of continuous disinfection
treatment equipment. Then;
1. Install treatment equipment within fourteen (14) days of
issuance of the modification permit, then;
2. Within seven (7) days of equipment installation,
perform a satisfactory two (2) consecutive day distribution
system microbiological clearance.
(5) When a water sample analysis result for any chemical
or contaminant listed in paragraph 64E-8.006(2)(a), F.A.C.,
exceeds a published MCL or HAL, the supplier shall:
(a) Perform a confirmation water sample analysis within
fourteen (14) days of notification of the initial results, then if
the MCL or HAL is exceeded again:
(b) Within thirty (30) days of receipt of the confirmation
test results, apply to the Department for a system modification
permit per Rule 64E-8.002, F.A.C., for installation of
corrective treatment equipment or construction of a new well.
Then;
1. Install treatment equipment within thirty (30) days of
issuance of the modification permit. Then, if the treatment
equipment is not actively managed and maintained by the
Department of Environmental Protection’s Water Supply
Restoration Program, perform an analysis of the raw and
treated water within seven (7) days after equipment installation
and once every twelve (12) months thereafter. or;
2. Construct a new well within thirty (30) days of issuance
of the modification permit, then perform an analysis of the raw
water within seven (7) days after well installation and once
every twelve (12) months thereafter.
(6) All modifications performed under this section must be
inspected by the Department to verify compliance with the
approved plans and with this chapter. Re-inspection requests
must be accompanied by a $40 fee.
(7) When corrective water treatment equipment is installed
by the supplier of a Limited Use Public Water System as a
result of chemical or coliform MCL violations, the owner may
remove such equipment, provided that the Department is
notified prior to its removal and has confirmed that all required
quarterly analyses of the raw water for the past twenty-four
(24) months or monthly analyses of the raw water for the past
twelve (12) months have been satisfactory.
(8) When water main breaks or other planned or
unplanned disruptions of water service occur after the master
meter within a Consecutive Public Water System that is
excluded from coverage under the Florida Safe Drinking Water
Act, the Department shall be notified by the supplier within
twenty-four (24) hours of the disruption and corrective actions
including disinfection, microbiological monitoring, public
notification, and precautionary boil water notices shall be
performed as described in Rule 62-555.340, F.A.C.
381.0062(1),(3)(a) FS. Law Implemented 381.0011(8), 381.0012,
381.0061, 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS.
Amended 1-26-98,________.
64E-8.008 Public Notification.
When an acute health risk exists, Tthe supplier shall provide
public notification as required in subsection rules
64E-84.007(2)(b) and (5)(a) to consumers as follows:
(1) Notices shall caution consumers not to consume the
water, explain the alternative as described in paragraph
64E-8.007(2)(b) or (c), F.A.C., based on the type of water
quality violation, and describe, in non-technical terms, the
nature of the violation and the supplier’s corrective actions.
Notices shall include a contact name and phone number, and be
neatly printed in large type.
(2) The supplier shall provide a copy of the printed notice
to the Department within twenty-four (24) hours of notification
of the water quality violation. Notices shall be neatly printed in
large type and the supplier shall provide a copy to the county
health department.
(3) The supplier shall deliver notices to consumers served
by a Limited Use Community Public Water or Private System
within four (4) 24 hours of notification being notified of the
water quality violation.
(4) The supplier shall post notices at water outlets in
Limited Use Commercial Systems within four (4) 12 hours of
notification being notified of the water quality violation.
(5) The supplier shall take special actions where
consumers are not capable of reading printed material, such as
verbal notification and disabling of water outlets. Where
non-English speaking persons consume the water, the notice
shall be translated into the prevalent languages of the
consumers.
(6) After all violations have been corrected per Rule
64E-8.007, F.A.C. Upon departmental release of the system,
the supplier shall provide a notice to consumers that rescinds
the original notice, in the same manner as required in
subsections rules 64E-8.008(1) through (5) above.
381.0062(1),(3)(a) FS. Law Implemented 381.0011(8), 381.0012,
381.0061, 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS.
Amended 1-26-98,________.
64E-8.009 Variances.
(1) The supplier of any Limited Use Public, Multifamily
or Private Water System may request a variance from the
requirements of this chapter by submitting the following to the
CHD: completing Form DH 4094 and submitting a statement
regarding hardship, any other information necessary for
rendering a decision and all information required by subsection
64E-8.009(3).
The burden of presenting pertinent and
supportive facts shall be the responsibility of the applicant.
(a) A completed Form DH 4094 (Section I only),
Application for Variance from Chapter 64E-8, F.A.C. Form
DH 4094, effective 9/07, is hereby adopted and incorporated
by reference, and can be obtained from the Department of
Health, Division of Environmental Health/Water Programs at:
4052 Bald Cypress Way, Bin C22, Tallahassee, Florida
32399-1742,
at
www.doh.state.fl.us/environment/water/
manual/encl1.htm, or from the CHD.
(b) A statement of hardship.
(c) A site plan. The plan shall be a minimum size of 8.5 x
11 inches and of sufficient clarity for reproduction.
(d) Any applicable well completion reports.
(e) Any applicable water quality analysis results.
(f) Any other information necessary for rendering a
decision including information pertaining to the items listed in
subsection (4) below. The burden of presenting pertinent and
supportive facts shall be the responsibility of the applicant.
Upon receipt of all application materials, the CHD shall review
such variance applications, make a recommendation to the
Department by completing Section II of Form DH 4094, 9/07,
and forward all application materials to the Division of
Environmental Health/Bureau of Water Programs.
(2) Upon consideration of each application, and the
recommendations of the Wwater Mmanagement Ddistrict and
the CHD county health department, the Department’s Division
of Environmental Health/Bureau of Water Programs Deputy
State Health Officer or his designee has the authority to grant a
variance, grant a provisional variance or deny the variance
request. The Department Deputy State Health Officer or his
designee will consider granting a variance to prevent excessive
hardship in cases involving minor deviation from established
standards, when the hardship was not caused intentionally by
the applicant, where no reasonable alternative exists, and
where proper use of the system will not adversely affect public
health. In making its decision, the department shall consider
the factors in subsection 64E-8.003(4), F.A.C. Variances on
new wells are not transferable to other persons and expire one
year after approval unless a system or well construction permit
has been reissued. Special consideration shall be given to lots
platted prior to 1972 or granted a variance under Chapter rule
64E-6, F.A.C.
(a) When approving a variance request, the Department
may require provisos including, but not limited to:
1. Minimum well casing depth to achieve a satisfactory
vertical separation from sanitary hazards, based on the depth
and location of confining layers or other geological features.
2. Rotary well construction with full grouting of the well
casing with neat cement or driven well construction with
grouting of the top twenty (20) feet and bottom five (5) feet
with neat cement, per subparagraph 62-532.500(2)(f)3. or 4.,
F.A.C.
3. Satisfactory water quality analysis for total coliform,
Nitrate, or other likely contaminants of concern.
4. Increased water quality monitoring frequency for
Limited Use Public Water Systems.
5. Installation of water treatment equipment.
6. Connection to a municipal public water system if one
eventually becomes available.
(b) Variances for proposed water system construction
expire eighteen (18) months after approval. The expiration
date may be extended if necessary to coincide with the
expiration date of the associated water system construction
permit or well construction permit issued by the Water
Management District or delegate agency.
(c) Emergency approval of variance requests may be
granted by the Department’s Division of Environmental
Health/Bureau of Water Programs in cases of extreme
hardship.
(3) For variances requests for involving private water
system replacement wells only, for separations between fifty
(50) and seventy-five (75) feet from a septic system or sanitary
hazard as defined in subsection 62-532.400(7) Table 1, except
those which are less than 50 feet from an OSTDS or less than
25 feet from a building foundation which has been chemically
treated for pests and contains no impervious strata below the
ground surface, the applicable CHD county health department
administrator has the authority to grant a variance, grant a
provisional variance or deny the variance request. The county
health department administrator will grant a variance to
prevent excessive hardship based on the same criteria specified
in subsections 64E-8.009(2) above and (4), below.
(4) In granting or denying a variance, the Ddepartment
shall consider:
(a) Historical water quality.
(b) Age and condition of system components and the
likelihood it will continue to provide potable water.
(c) Size of cone of influence and protection of source from
contamination.
(d) Amount of deviation from these standards.
(e) Type and degree of consumer exposure.
(f) Economic hardship.
(g) Alternative potable water availability.
(h) Geological characteristics of the well.
(7) Failure to take corrective actions when an MCLs or
HAL is are exceeded (a violation of Rule 64E-8.007), $500.
(8) Failure to provide public notification when an MCLs
or HAL is are exceeded (a violation of Rule 64E-8.007), $500.
381.0062(1),(3)(a),(6)(a) FS. Law Implemented 381.006(1),(2),
381.0062, 403.862(1)(f) FS. History–New 1-1-93, Amended 8-20-96,
Formerly 10D-4.032, Amended 1-26-98, 1-24-00, ________.
Specific Authority 381.006, 403.862(1)(f), 381.0061(1) FS. Law
Implemented 381.0061, 381.0062 FS. History–New 1-1-95, Formerly
10D-4.101, Amended 1-24-00,________.
64E-8.010 Prohibited Acts.
The following are prohibited:
(1) Failure to conduct required sampling or testing, or
falsification of results.
(2) Intentionally or otherwise introducing a contaminant
determined to pose a health hazard into a Limited Use,
Multi-family, or Private Water System or its source.
(3) Failure to meet schedules for compliance or corrective
actions.
(4) Failure to conduct required public notification or
corrective action.
(5) Impersonating a Ddepartment employee.
64E-8.013 Cross-Connection Control.
(1) Cross-connections as defined in subsection
64E-8.001(4)(5), F.A.C., are prohibited.
(2) Any cross-connection involving a Llimited Uuse
Public, Mmulti-family, or Pprivate Wwater Ssystem shall be
corrected using the methods established in the within
Recommended Practice for Backflow Prevention and
Cross-Connection Control, American Water Works
Association Manual M14, Third Second Edition, 2004 1990,
available from the American Water Works Association at, 6666
West Quincy Avenue, Denver, CO 80235 hereby incorporated
by reference.
381.0061, 381.0067, 381.006(1),(2), 381.0062, 403.862(1)(f) FS.
Amended 1-26-98, 11-13-00,________.
Specific Authority 381.0011(4,13), 381.006, 381.0062(1),(3)(a),
403.862(1)(f) FS. Law Implemented 381.0012, 381.0061, 381.0067,
381.006(1),(2), 381.0062(1)-(3), 403.862(1)(f) FS. History–New
1-26-98, Amended 11-13-00, ________.
64E-8.011 Services Provided.
Specific Authority 381.0011(13), 381.0202, 403.862 FS. Law
Implemented 381.0202, 403.862 FS. History–New 1-1-95, Formerly
10D-4.100, Amended 11-13-00, Repealed________.
64E-8.012 Schedule of Fines.
The department shall impose fines or pursue other enforcement
action authorized by Sections 381.0012 and 381.0062, F.S. The
following maximum fines shall be imposed for violations of
Chapter 64E-8, F.A.C., Eeach day that a violation occurs shall
be considered as a separate violation:
(1) Failure to obtain a new Limited Use Public Water
System construction permit [a violation of subsection rule
64E-8.002(1)(2)], $500.
(2) Failure to obtain a new Mmulti-family Water System
construction permit ([a violation of Rule 64E-8.003(2)]), $250.
(3) Failure to obtain a Limited Use Commercial or Limited
Community Public Water System operating permit ([a
violation of Rule subsection 64E-8.004(1)]), $500.
(4) Failure to obtain a Limited Use Commercial Public
Water System Rregistration [a violation of subsection rule
64E-8.004(5)(6)], $250.
(5) Failure to maintain required chlorine residual levels [a
violation of paragraph rule 64E-8.005(1)(d)], $100.
(6) Failure to comply with water quality system
monitoring requirements [a violation of subsection rule
64E-8.006(3)(2)], $250.
Michelle Kearney
THE PROPOSED RULE: Bob Vincent, (850)245-4240
HEAD: July 13, 2007
PUBLISHED IN FAW: December 22, 2006
Division of Accounting and Auditing
RULE NOS.:
RULE TITLES:
69I-73.001
Definitions
69I-73.002
Threshold for Recording Property
69I-73.003
Recording of Property
69I-73.004
Marking of Property
69I-73.005
Disposition of Property
69I-73.006
Inventory of Property
PURPOSE AND EFFECT: The purpose of the proposed rules
is to implement Section 274.02, F.S., which authorizes the
Chief Financial Officer to establish by rule the requirements
for recording of local government owned property and for the
periodic review of such property for inventory purposes.
SUMMARY: The proposed rules establish minimum
recordkeeping and inventory requirements for county and
district owned tangible personal property.
SUMMARY
OF
STATEMENT
OF
ESTIMATED
DATE AND TIME: Monday, December 24, 2007, 10:00 a.m.
PLACE: Room 430, Fletcher Building, Tallahassee, Florida
contacting: Burton Marshall, (850)413-5588. If you are
1(800)955-8770 (Voice).
PROPOSED RULES IS: Burton Marshall, Chief, Bureau of
Local Government, 200 East Gaines Street, Tallahassee, FL
32399-0354, (850)413-5588 or burton.marshall@fldfs.com
TANGIBLE PERSONAL PROPERTY OWNED BY
LOCAL GOVERNMENTS
69I-73.001 Definitions.
(1) “Control Accounts” means summary accounts
designed to control accountability for individual property
records. Unlike individual property records which establish
accountability for particular items of property, control accounts
accumulate the total cost or value of the custodian’s property
and, through entries to the control accounts documenting
acquisitions, transfers and dispositions, provide evidence of the
change in that total cost or value over periods of time as well as
the total cost or value at any time.
(2) “Cost” means acquisition or procurement cost (i.e.,
invoice price plus freight and installation charges less
discounts). In determining cost, the value of property
exchanged by custodian in satisfaction of a portion of the
purchase price of new property shall not be deducted from the
full purchase price regardless of any property “traded in” on
the new property.
(3) “Custodian” means, without limitation, any elected or
appointed officer, board, commission or authority, or any other
person or agency entitled to lawful custody of property owned
by the local government.
(4) “Custodian’s Delegate” means a person acting under
the supervision of the custodian to whom the custody of
property has been delegated by the custodian and, from whom
the custodian receives custody receipts.
(5) “Data Processing Software” has the meaning set forth
in Section 119.011(6), F.S. Data processing software is not
considered to be property within the meaning of these rules.
(6) “Depreciated Cost” means cost less accumulated
depreciation.
(7) “Financial System” means the fund accounting process
used by the local government for recording cash and other
financial resources, expenditures and other financial uses,
together with all related liabilities and residual equities or
balances.
(8) “Fiscal Year” means the governmental unit’s fiscal
year established pursuant to law.
(9) “Governmental Unit” has the meaning set forth in
Section 274.01(1), F.S.
(10) “Identification Number” means a unique number
assigned and affixed to each item of property to identify it as
property held by the custodian and for the purpose of
differentiating one item of property from another.
(11) “Property” has the meaning set forth in Section
274.02(1), F.S.
(12) “Unaccounted for Property” means property held by a
custodian, subject to the accountability provisions of Section
274.03, F.S., which cannot be physically located by the
custodian or custodian’s delegate, which property has not been
otherwise lawfully disposed of.
(13) “Value” means the worth or fair market value at the
date of acquisitions for donated property.
Specific Authority 274.02 FS. Law Implemented 274.01, 274.02 FS.
History–New________.
69I-73.002 Threshold for Recording Property.
All property with a value or cost of $1,000 or more and a
projected useful life of 1 year or more shall be recorded in the
local government’s financial system as property for inventory
purposes.
New________.
69I-73.003 Recording of Property.
(1) Maintenance of Property Records – Governmental
units shall maintain adequate records of property in their
custody. The records shall contain at a minimum, the
information required by these rules.
(2) Individual Records Required for Each Property Item –
Each item of property shall be accounted for in a separate
property record. Related individual items which constitute a
single functional system may be designated as a property
group. A property group may be accounted for in one record if
the component items are separately identified within the
record. Examples of property items subject to group
accountability include, but are not limited to, modular
furniture, computer components, book sets, and similar
association of items. All property group items, the total value
or cost which is equal to or greater than $1,000 shall be
inventoried under this rule.
(3) Content of Individual Property Records – Each
property record shall include the following information:
(a) Identification number.
(b) Description of item or items.
(c) Physical location (the city, county, address or building
name, and room number therein).
(d) Name of custodian with assigned responsibility for the
item.
(e) In the case of a property group, the number and
description of the component items comprising the group.
(f) Name, make or manufacturer if applicable.
(g) Year and/or model(s) if applicable.
(h) Manufacturer’s serial number(s) if any, and if an
automobile, vehicle identification number (VIN) and title
certificate number if applicable.
(i) Date acquired.
(j) Cost or value at the date of acquisition for the item or
the identified component parts thereof. When the historical
cost of the purchased property is not practicably determinable,
the estimated historical cost of the item shall be determined by
appropriate methods and recorded. Estimated historical costs
shall be identified in the record and the basis of determination
established in the governmental unit’s public records. The
basis of valuation for property items constructed by personnel
of the governmental unit shall be the costs of material, direct
labor and overhead costs identifiable to the project. Donated
items, including federal surplus tangible personal property,
shall be valued at fair market value at the date of acquisition.
Regardless of acquisition method, the cost or value of a
property item shall include ancillary charges necessary to place
the asset into its intended location and condition for use.
Ancillary charges include expenditures that are directly
attributable to asset acquisition, such as freight and
transportation charges, installation costs and professional fees.
(k) Method of acquisition and, for purchased items, the
voucher and check or warrant number.
(l) Date the item was last physically inventoried and the
condition of the item at that date.
(m) If disposed of, the information prescribed in Rule
69I-73.005, F.A.C.
(n) The local government may include any other
information on the individual property record that the
governmental unit may care to include.
(4) Control Accounts – A governmental unit-wide control
account showing the total cost or value of the custodian’s
property shall be maintained. A governmental unit may keep
additional control accounts for property to the extent deemed
necessary for different funds or sub-funds. Control accounts
shall not be established by periodically summarizing the costs
or values recorded on the individual property records. Rather,
entries to control accounts shall be derived from documents
evidencing transactions affecting the acquisition, transfer or
disposition of property items and shall be posted
contemporaneously with entries to the individual property
records.
(5) Depreciation shall be recorded to meet local
governments’ financial reporting requirements relating to
depreciation accounting. However, depreciation shall not be
recorded on the individual property records or in control
accounts in such a manner as to reduce the recorded acquisition
cost or value (i.e., deprecation shall be recorded as an item
separate from the acquisition cost).
New________.
69I-73.004 Marking of Property Records.
(1) Marking of Property – Each property item shall be
permanently marked with the identification number assigned to
that item to establish its identity and ownership by the
governmental unit holding title to the item. The marking shall
visually display the property identification number of the item
and may include an electronic scanning code (“barcode”) to
facilitate electronic inventory procedures.
(2) Exemptions for Marking Property – Any item of
property whose value or utility would be significantly impaired
by the attachment or inscription of the property identification
number, is exempt from the requirement for physical marking.
However, the custodian’s property records shall contain
sufficient descriptive data to permit positive identification of
such items.
(3) Location of Marking – Items of a similar nature shall
be marked in a similar manner to facilitate identification. In
determining a marking location, careful consideration shall be
given to the intended use of the items; the probability that the
marking could be obliterated by wear, vandalism or routine
maintenance functions; and, the appropriateness of the marking
method chosen. Additionally, the location of the marking and
the marking method chosen shall not mar the appearance of the
item. When utilizing an electronic scanning format system,
electronic codes shall be placed on property in the same
manner as other markings specified in this section.
New________.
69I-73.005 Disposition of Property.
(1) Methods of Disposition – Property within the meaning
of these rules may be lawfully disposed of, as provided in
Sections 274.05, 274.06 and 274.07, F.S. Property of the
governmental unit which is not accounted for during regular or
special inventories shall be subject to the rules regarding
unaccounted for property (See Rule 69I-73.006, F.A.C.).
(2) Required Information – The following information
shall be recorded on the individual property record for each
item lawfully disposed of, pursuant to Section 274.05, 274.06
or 274.07, F.S.:
(a) Date of disposition.
(b) Authority for disposition (resolution of the governing
body properly recorded in the minutes as required by Section
274.07, F.S.).
(c) Manner of disposition (sold, donated, transferred,
cannibalized, scrapped, destroyed, traded).
(d) Identity of the employee(s) witnessing the disposition,
if cannibalized, scrapped or destroyed.
(e) For items disposed of, a notation identifying any
related transactions (such as receipt for sale of the item,
insurance recovery, trade-in).
(f) For property certified as surplus, reference to
documentation evidencing that such property was disposed of
in the manner prescribed by Section 274.05 or 274.06, F.S.
(3) Transfer of Property Records – The individual property
record for each item lawfully disposed of as described in this
rule shall be, upon disposition of the item, transferred to a
disposed property file. Destruction of such records shall be
governed by the provisions of Chapter 119, F.S.
(4) Control Account – The cost or value of items lawfully
disposed of shall be removed from the control account at the
time of disposition.
New________.
69I-73.006 Inventory of Property.
(1) Physical Inventory Required – Each governmental unit
shall ensure a complete physical inventory of all property is
taken annually and whenever there is a change of custodian or
change of custodian’s delegate.
(2) Inventory Forms – The form used to record the
physical inventory pursuant to Section 274.02(1), F.S., shall be
at the discretion of the governmental unit. However, the form
shall display at a minimum for each property item, the
following information:
(a) Date of inventory.
(b) Identification number.
(c) Existence of property item (or not).
(d) Physical location (the city, county, address or building
name and room number therein).
(e) Present physical condition.
(f) Name and signature of the employee or other individual
attesting to the existence of the item.
(g) In the case of a property group, the number and
description of the component items comprising the group.
(3) Electronic scanning format used for the identification
number is acceptable only if the recorded data is downloadable
to a computer and can then be used to generate reports that will
include all information required on the hardcopy inventory
form.
(4) Unrecorded Property – Any property item found
during the conduct of an inventory which meets the
requirements for accounting and control as defined in Rule
69I-71.003, F.A.C., and which item is not included on the
inventory forms described above, shall have an inventory form
created for the item when located. After appropriate
investigation to establish the ownership of the item, it shall be
added to the governmental unit's property records or, if
ownership cannot be reasonably established, the item may be
disposed of in the manner provided by law as applicable to
surplus property, pursuant to Sections 274.05 and 274.06, F.S.
(5) Custodian Delegate Shall Not Inventory Certain Items
– The custodian delegate shall not personally inventory items
for which they are responsible.
(6) Reconciliation of Inventory to Property Records –
Upon completion of a physical inventory:
(a) The data listed on the inventory forms shall be
compared with the individual property records. Noted
differences such as location, condition and custodian shall be
investigated and corrected as appropriate or alternatively, the
item shall be relocated to its assigned location and custodian in
the individual property record.
(b) Items not located during the inventory process shall be
promptly reported to the governmental unit which shall cause a
thorough investigation to be made. If the investigation
determines that the item was stolen, the individual property
record shall be so noted, and a report filed with the appropriate
law enforcement agency describing the missing item and the
circumstances surrounding its disappearance.
(7) Unaccounted for Property – For items identified as
unaccounted for and reported to the State’s Chief Financial
Officer, recording of the items as dispositions, or otherwise
removing of the items from the property records, shall be
subjected to approval of the State’s Chief Financial Officer, as
provided in Section 17.041, F.S., and Rule 69I-71.003, F.A.C.
New________.
Burton Marshall, Chief, Bureau of Local Government
THE PROPOSED RULE: Doug Darling, Director, Division of
Accounting and Auditing
HEAD: July 31, 2007
Section III
Notices of Changes, Corrections and
Withdrawals
Corporate, Estate and Intangible Tax
RULE NO.:
RULE TITLE:
12C-1.0221
Returns, Notices, and Elections;
Signing and Verification
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. 33, No. 41, October 12,
2007 issue of the Florida Administrative Weekly.
Subsection (1) of Rule 12C-1.0221, Florida Administrative
Code, has been changed, so that, when adopted, the subsection
will read as follows:
(1) A return, election, or notice required of a taxpayer shall
be signed by an officer duly authorized to sign. A return or
notice required of a taxpayer made by a fiduciary under
subsection 220.22(3), F.S., shall be signed by the fiduciary. An
officer’s or fiduciary’s signature on a return or notice made by
or for a taxpayer shall be prima facie evidence that such
individual was authorized to sign the return or notice on behalf
of the taxpayer. The filing of a return that is not signed or that
is improperly signed and verified is may be treated as a failure
to file the return for purposes of starting the limitation period
or for the imposition of penalty for failure to file.
Paragraph (c) of subsection (1) of Rule 12C-1.0221, Florida
Administrative Code, has been changed, so that, when adopted,
the paragraph will read as follows:
(c) Form F-7004 shall be signed by a person authorized by
the taxpayer to request such extension. Such person must be an
individual authorized under paragraph (a) or (b) to sign the
taxpayer’s return; a person currently enrolled as an agent under
Treasury Department Circular Number 230 (herein
incorporated by reference), to practice before the Internal
Revenue Service; an attorney who is a member in good
standing of the bar of the highest court of any state, possession,
territory, commonwealth, or the District of Columbia; or any
certified public accountant who is duly qualified to practice in
any state, possession, territory, commonwealth, or the District
of Columbia.
DEPARTMENT OF TRANSPORTATION
RULE NOS.:
RULE TITLES:
14-22.002
Regulations Covering Qualification
of Contractors
14-22.006
Current Capacity Rating
14-22.015
Forms
NOTICE OF CHANGE
SUMMARY OF CHANGE: The following changes are being
made in response to a review by the Joint Administrative
Procedures Committee:
1. 14-22.002 (1)(a) is changed to add form title, number, and
date references for the online web application form as follows:
(a) Persons or firms who desire to qualify with the
Department in order to bid for the performance of road, bridge,
or public transportation construction projects in excess of
$250,000, shall file annually with the Department an
Application for Qualification (Online Web Application), Form
375-020-38, 11/7/2007. An application for qualification shall
be filed electronically on the website http://www.dot.state.
fl.us/cc-admin/default.htm.
Information
regarding
the
electronic application, including a copy of the form, can be
obtained by writing to the Department at the address listed
below. Persons or firms may obtain information on how to
obtain a user name and password to use the electronic
application filing process by contacting the Contracts
Administration Office at the address below. Persons or firms
shall also file two hard copies of audited financial statements
as required by this section via hand delivery or mail to
Department of Transportation, Contracts Administration
Office, 605 Suwannee Street, MS 55, Room 60, Haydon Burns
Building, Tallahassee, Florida 32399-0455. For purposes of
this rule, “filing” is defined as receipt of the application and
audited financial statements by the Contracts Administration
Office.
2. 14-22.006(3) is changed to add form title, number, and date
references for the online certification of work underway form
as follows:
(3) In order for the Department to have the information
required to determine a bidder’s Current Capacity, it is
necessary that the bidder certify the total dollar amount of all
work the bidder has underway. This certification shall be
accomplished electronically by submitting Certification of
Work Underway (Online Web Application), Form 375-020-39,
11/7/2007, to the Department concurrently with the bid
submittal for the first letting in the calendar month that the
bidder submits a bid.
3. 14-22.015 Forms is changed to include adding form title,
number, and date references for the online web application and
the certification of work underway forms:
5786 Section III - Notices of Changes, Corrections and Withdrawals
Form Number
Date
Title
375-020-38
11/7/2007
Application for Qualification
375-020-39
11/7/2007
Certification of Work Underway
(Online Web Application)
(Online Web Application)
BOARD OF TRUSTEES OF INTERNAL
RULE NOS.:
RULE TITLES:
18-1.002
Definitions
18-1.006
Appraisal Procedures, Report
Requirements and Determining
Maximum Amounts
18-1.007
Appraiser Eligibility and Selection
18-1.011
Board Action
18-1.013
Donations
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in Vol. 33, No. 29, July 20,
18-1.002 Definitions.
When used in this chapter, the following shall have the
indicated meaning unless the context clearly indicates
otherwise:
(10) “Certified survey” means a boundary survey, as
further defined in Rule 18-1.005, F.A.C., which is certified,
signed and sealed by a professional surveyor and mapper
authorized to practice surveying in the State of Florida, and
approved by the Division’s Bureau of Survey and Mapping as
being in compliance with the minimum technical standards for
land surveying in Florida. The survey shall accurately portray
the parcel’s boundaries, improvements and encumbrances. The
survey must have been certified within 90 days of the closing
on the property unless this requirement is waived by the
Division and by the title insurer for the purpose of deleting the
standard exceptions for survey matters, easements, or claims of
easements not shown by the public records from the owner’s
title policy.
(11) “Council” means the Acquisition and Restoration
Council formed by Section 259.035, F.S.
(11) through (15) renumbered (12) through (16) No
change.
(17)(16) “Evidence of marketable title” means assurance
of the marketability of the land being acquired, in the form of a
marketability title commitment and policy (American Land
Title Association [ALTA] Form B with Florida revisions). The
coverage, form and exceptions of the title insurance must be
approved by the Division in order to assure that title is
marketable and compatible with the purposes of the
acquisition. The terms “Title Policy” and “Title Commitment”
are included within this definition.
(17) through (28) renumbered (18) through (29) No
change.
1-29-90, 10-30-91,_________.
18-1.006 Appraisal Procedures, Report Requirements and
Determining Maximum Amounts.
(4) In accordance with Section 253.025(6)(f), F.S., the
appraisal report shall be accompanied by a sales history of the
parcel for the prior five years. This requirement shall be
waived under the following conditions: If the sales history
would not be useful, or the cost would be prohibitive compared
to the value of the parcel, such as cases wherein 15 or more
parcels are appraised in one appraisal report. This waiver
provision does not impact or reduce the sales history
requirements for appraisal services under the USPAP.
(a) The history shall be deemed not useful for projects
consisting of a large number of relatively similar size
properties under separate ownership for which a
multiple-ownership appraisal technique can be used.
(b) The cost will be considered to be prohibitive relative to
the value of the parcel if the most recent assessed value for ad
valorem tax purposes is $50,000 or less, excluding greenbelt
agricultural, aquifer recharge, or other special exemptions.
1-29-90, 1-2-91, 10-30-91,_________.
18-1.007 Designated Appraisal Organizations and
Appraiser Eligibility and Selection.
(1) Approved Appraiser List – Eligibility and Selection.
(a) The Chief Appraiser shall annually send an
announcement to each approved appraisal organization and to
the Florida Real Estate Appraisal Board (FREAB) for
publication in their respective newsletters, inviting interested
appraisers to apply for placement on the approved appraiser
list.
1. An appraiser shall be considered eligible and will be
placed on the list when he has complied with all the following
criteria:
a. through b. No change.
Section III - Notices of Changes, Corrections and Withdrawals 5787
c. The appraiser is a state certified appraiser licensed to do
business in Florida and certified by the FREAB.
d. through e. No change.
10-30-91,_________.
18-1.011 Board Action.
(5) The Division and the Board may consider an appraisal
acquired by the Seller, or any part thereof, in negotiating or
approving any purchase, but such appraisal may not be used in
lieu of an appraisal required by subsection 253.025(6) F.S. or
259.041(7), F.S., to determine the maximum offer allowed by
law except as otherwise provided by law.
(5)(6) No change.
________.
18-1.013 Donations.
(1) The Board will consider may accepting donations of
land if under the following conditions are met:
(a) through (e) No change.
________.
RULE NOS.:
RULE TITLES:
18-2.017
Definitions
18-2.018
Policies, Standards, and Criteria for
Evaluating, Approving or Denying
Requests to Use Uplands
NOTICE OF CHANGE
(21) Division means the Division of State Lands of the
Department of Environmental Protection.
259.035 FS. History–New 6-4-96, Amended __________.
18-2.018 Policies, Standards, and Criteria for Evaluating,
Approving or Denying Requests to Use Uplands.
(1) No change.
(2) General Policies.
(a) through (j) No change.
(k) Appraisal services shall be obtained through the
Division in accordance with the procedures and requirements
provided in Chapter 18-1, F.A.C., except as follows:
1. No change.
2. The appraisal service fee shall be paid by the applicant
and is non-refundable. No appraisal work shall proceed until
the Division receives the appraisal fee. When appraisal
services are required prior to an applicant being identified,
funding will be provided by the requesting agency or the
Division and shall be reimbursed to that agency or the Division
by the purchaser, lessee or sublessee. If the applicant
withdraws its application after appraisal services have begun
and any appraisal expenses have been incurred, the appraisal
fee will be non-refundable. If no services have begun and no
expenses have been incurred, the appraisal fee is refundable
upon written request of the applicant. For sales for which the
applicant paid for the appraisal services and submitted a
qualified competitive bid but the bid was awarded to another
bidder, the winning bidder shall reimburse the applicant who
paid for the appraisal services.
(l) through (p) No change.
(3) No change.
Specific Authority 253.03(7)(a) FS. Law Implemented 253.001,
253.02, 253.03, 253.04, 253.034, 253.111, 253.115, 243.42-.44.
253.47, 253.51-.61, 253.62, 253.77, 253.82, 259.035, 270.07, 270.08,
270.11 FS. History–New 6-4-96, Amended 4-17-02,_________.
RULE NO.:
RULE TITLE:
18-24.005
Full Review of Project Proposals
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in Vol. 33, No. 22, June 1, 2007
issue of the Florida Administrative Weekly.
18-24.005 Full Review of Project Proposals.
(5) Boundary Modifications. By majority vote, the
council will direct staff to prepare, revise, or update a project
boundary for a project already on the approved list.
Landowners who wish to have their property removed from an
approved project boundary shall submit by certified mail a
letter identifying such property to be removed to the following
address: Florida Forever Program; Office of Environmental
Services; Mail Station 140, State of Florida Department of
Environmental Protection; 3900 Commonwealth Boulevard;
Tallahassee, FL 32399-3000. All other proposals to amend the
boundary for a project already on the approved list will be
considered by the council, at its next regularly scheduled
meeting, if the following conditions are met:
(a) Removal of property from Florida Forever Project.
Landowners who wish to have their property removed from an
approved Florida Forever Project boundary shall submit by
certified mail a letter stating they wish their property to be
removed and sufficiently identifying such property to the
address stated in subsection 18-24.003(1), F.A.C. The Council
shall approve such removals at its next regularly scheduled
meeting if they meet the foregoing requirements.
(a) Each proposed modifications to the project boundary
must include an assessment of the proposed modification. The
assessment for proposals to add property to an existing project
boundary shall include the following:
1. A complete application that includes all items of
information as required in subsection 18-24.003(3), and this
section; and
2. If fee simple acquisition is proposed, a letter from the
proposed managing agency indicating the agency’s willingness
to manage the property and describing the proposed addition’s
relative importance to management of the existing project or to
the protection of its significant resources; or
3. If less-than-fee acquisition is proposed, a brief
description of any known activities or property rights proposed
to be acquired by the state and those proposed to be retained by
the landowner.
(b) Addition of property to Florida Forever Project. All
boundary additions shall comply with all the requirements of
Rules 18-24.002, 18-24.003 and 18-24.004, F.A.C., except as
stated herein.
1. Boundary addition proposals exceeding 1,000 acres or
10% of the original project acreage or $2,000,000 in the most
recent county property appraiser’s assessed value shown on the
owner’s ad valorem tax bill shall be considered new Florida
Forever Projects and shall not be entitled to the expedited
procedures herein.
2. Each application to add property to an existing Project
boundary that meets the criteria of subparagraph
18-24.005(5)(b)1., F.A.C., shall, within 30 days of receipt, be
reviewed by staff to verify sufficiency of information in
accordance with this paragraph. Staff shall expedite the
application process to add property by updating the original
project evaluation report with a project addition summary
attached, unless staff determines that the original project
evaluation report, or any part thereof, does not fairly apply to
or represent the property in the addition, is in need of updating,
or other circumstances necessitate preparation of a more
thorough amended project evaluation report (such as a change
in flora or fauna, a traumatic event, or a change in land use).
Staff shall state in its project addition summary whether the
foregoing requirements are met. Staff shall submit its project
addition summary or amended project report to the Council at
its next regularly scheduled meeting after preparation of its
report.
(b) The council shall consider a proposed boundary
addition only if the applicant provides a complete application
as required in paragraph (a), and only if one or more of the
following criteria is met:
1. The county property appraiser’s tax valuation for all
parcels of the proposed addition total less than $5 million;
2. The proposed addition meets the criteria for emergency
acquisitions pursuant to Section 253.027 or subsection
259.041(15), F.S.;
3. The acreage of proposed addition is less than 10% of the
size of the existing project boundary, including areas
previously acquired, and is less than 1,000 acres;
4. The property was previously on an acquisition list
developed under Chapter 259, F.S.;
5. The property was previously managed by a state
agency; or
6. The council chair receives written requests to consider a
proposed boundary modification from two or more council
members.
(c) An affirmative vote of at least five council members
shall be required to add property to or remove property from an
existing project.
(c) Each application to add property to an existing Project
boundary shall, within 30 days of receipt, be reviewed by staff
to verify sufficiency of information in accordance with this
subsection. Applicants who submit incomplete applications
shall be notified of each deficiency, and shall have 30 days
from the date of the deficiency letter within which to submit
the missing information. If the missing information is not
received by the deadline, the boundary amendment application
will be denied and returned to the applicant.
(d) Proposals not meeting at least one of the criteria in
paragraph (b) shall not be considered by the council as a
boundary modification, but may be submitted by the applicant
as a Florida Forever project proposal pursuant to Rule
18-24.003, F.A.C.
(e) For a proposed boundary modification that exceeds
5,000 acres in size, staff shall prepare an amended project
evaluation report in accordance with the provisions of
subsection 18-24.005(2), F.A.C., unless the council chair
receives from four or more council members written requests
to consider a proposed boundary modification without a site
visit by staff.
(f) An affirmative vote of at least five council members
shall be required to property to an existing project, while a
majority vote of members present shall be required to remove
property from an existing project.
(g) Parcels of land qualifying as de minimis lands, as
defined in paragraph 18-24.001(2)(f), F.A.C., shall be exempt
from the provisions of this section.
Specific Authority 259.035(1), 259.035(4), 259.105(9), 259.105(18)
FS. Law Implemented 259.0345, 259.035, 259.04, 259.041, 259.045,
259.07, 259.105 FS. History–New 7-17-01, Amended ___________.
RULE NO.:
RULE TITLE:
33-602.220
Administrative Confinement
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rule, as noticed in Vol.
33, No. 31, August 3, 2007 issue of the Florida Administrative
Weekly has been withdrawn.
REGULATION
RULE NO.:
RULE TITLE:
61-5.005
License Renewal Fee Waivers
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in Vol. 33, No. 44, November 2,
The changes are based upon written material received on or
before the date of the final public hearing.
61-5.005 License Renewal Fee Waivers.
(1) No change.
(2) The full renewal fee is waived for licensees of
professions named in this subsection renewing their license in
the two year period following the effective date of the most
recent amendment to this rule.
(a) Real estate brokers and sales associates, regulated
pursuant to Part I of Chapter 475, F.S., whose renewal fees are
set in Rule 61J2-1.011, F.A.C. and whose biennial license
renewal is scheduled to occur on March 31, 2008, pursuant to
Rule 61-6.001, F.A.C.;
(b) Athlete agents regulated pursuant to Part IX of Chapter
468, F.S., and whose renewal fees are set forth in Rule
61-24.004, F.A.C.;
(c) Employee leasing, regulated pursuant to Part XI of
Chapter 468, F.S., and whose renewal fees are set in Rule
61G7-5.001, F.A.C.;
(d) Real estate appraisers, regulated pursuant to Part II of
Chapter 475, F.S., and whose renewal fees are set in Rule
61J1-2.001, F.A.C.;
(e) Architecture and interior design, regulated pursuant to
Part I of Chapter 481, F.S., and whose renewal fees are set in
Rules 61G1-17.001, 61G1-17.002 and 61G1-17.003, F.A.C.;
(e)(f) Professional engineers, regulated pursuant to
Chapter 471, F.S., and whose renewal fees are set forth in Rule
61G15-24.001, F.A.C.; and
(f)(g) Barbering, regulated pursuant to Chapter 476, F.S.,
and whose renewal fees are set forth in Rules 61G3-20.009,
61G3-20.010 and 61G3-20.011, F.A.C.
(3) No change.
Specific Authority 455.219(1) FS. Law Implemented 455.219(1) FS.
History–New 10-1-00, Amended 8-17-06,________.
PROPOSED RULE IS April Dawn M. Skilling, Deputy
General Counsel, Department of Business and Professional
Regulation, 1940 North Monroe Street, Tallahassee, Florida
32399, (850)488-0063.
REGULATION
RULE NO.:
RULE TITLE:
61G4-12.011
Definitions
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been
made to the proposed rule in Vol. 33, No. 32, August 10, 2007
The correction is as follows:
The Notice of Change which published on November 2, 2007
in Vol. 33, No. 44 of the Florida Administrative Weekly
incorrectly stated, “The change is in response to written
comments submitted by the staff of the Joint Administrative
Procedures Committee.” It should have read, “The change is in
response to comments received at the public hearing on
October 10, 2007.”
This correction does not affect the substance of the Notice of
Change published on November 2, 2007.
REGULATION
RULE NO.:
RULE TITLE:
61G4-15.0021
Certification and Registration of
Business Organizations
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in Vol. 33, No. 16, April 20,
The change is in response to written comments submitted by
the staff of the Joint Administrative Procedures Committee.
This Notice of Change supersedes the previous Notice of
Change which published on November 2, 2007, in Vol. 33, No.
44, of the Florida Administrative Weekly. The changes are as
follows:
Subsection (3)(b) shall now read as follows:
(b) If the business organization has a financially
responsible officer, the financially responsible officer, rather
than the qualifying contractor, shall complete the following
forms which are incorporated by reference:
1. DBPR CILB 4366, Financially Responsible Officer
Application, 2007 November 1,
2. If applicable, DBPR 0050, Explanatory Information for
Background Questions, 2007 November 1,
3. If applicable, DBPR 0060, General Explanatory
Description, 2007 November 1,
4. DBPR CILB 4356, Bond Application, 2007 November
1,
The forms may be obtained via internet at
http://www.myfloridalicense.com/dbpr/pro/cilb/documents/fro
_application_package.pdf, or by contacting the Customer
Contact Center of the Department of Business and Professional
Regulation at 1940 N. Monroe Street, Tallahassee, FL
32399-1039.
In addition, the financially responsible officer shall comply
with the requirements of Rule 61G4-15.006, F.A.C., except
that the financially responsible officer shall also demonstrate a
personal or business organization net worth of at least $10,000
regardless of the category of contractor's license held by any
other qualifier for the business organization, $10,000 cash and
a bond in a form acceptable to the Board’s Executive Director
made payable to the Florida Homeowners’ Construction
Recovery Fund in the amount of $100,000. For purposes of
Section 489.105(14), F.S., a "person" means a human being
who is at least eighteen (18) years of age.
REGULATION
RULE NO.:
RULE TITLE:
61G4-15.006
Financial Responsibility, Definition,
Grounds for Denial
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been
made to the proposed rule in Vol. 33, No. 30, July 27, 2007
The correction is as follows:
The Notice of Change which published on November 2, 2007
in Vol. 33, No. 44 of the Florida Administrative Weekly
incorrectly stated, “The change is in response to written
comments submitted by the staff of the Joint Administrative
Procedures Committee.” It should have read, “The change is in
response to comments received at the public hearing on
October 10, 2007.”
This correction does not affect the substance of the Notice of
Change published on November 2, 2007.
Street, Tallahassee, Florida 32399-0750.
RULE NOS.:
RULE TITLES:
62-17.021
Definitions
62-17.143
Recommended Orders, Exceptions
62-17.293
Fees, Disbursement of Funds,
Contracts
NOTICE OF CHANGE
No change.
(8) “Land use plans and zoning ordinances” means all
components of the local government comprehensive plan
adopted pursuant to Ch. 163, Part II, F.S. and the adopted
zoning ordinances and any site-specific zoning approvals.
62-17.143 Recommended Orders, Exceptions.
(1) No change.
(2) Any final order issued by the department shall address
the extent to which the project comports with the provisions of
Section 403.509(3), F.S.
(3) No change.
62-17.293 Fees, Disbursement of Funds, Contracts.
(a) through (c) No change.
(d) Authorized agency expenses for DEP and other
affected agencies may only include direct costs for those items
identified in Section 403.518(2)(c)1., F.S.
(e) No change.
DEPARTMENT OF JUVENILE JUSTICE
Residential Services
RULE NO.:
RULE TITLE:
63E-7.015
Research Projects
NOTICE OF WITHDRAWAL
Notice is hereby given that the above rule, as noticed in Vol.
33, No. 33, August 17, 2007 issue of the Florida
Administrative Weekly has been withdrawn.
Board of Chiropractic
RULE NO.:
RULE TITLE:
64B2-11.001
Application for Licensure
Examination
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in Vol. 33, No. 20, May 18,
SECOND NOTICE OF CHANGE
These changes were approved by the Board on November 2,
2007 and were made to address concerns raised by the Joint
Administrative Procedures Committee. The changes are as
follows:
When changed, subsection (3) shall now read as follows:
(3) In order that the Board may timely certify to the
Department of Health those applicants eligible to take the
examination, all applications, fees and all supporting
documentation including transcripts, NBCE examination
results, fingerprint card, verification of licensure from other
jurisdictions and, if applicable, certified copies of court records
evidencing a criminal conviction, plea, or other disposition,
documents must be on file with the Board no later than March
1st of each year for those candidates applying for the May
Examination and September 1st for the November
examination. All applications, fees and all supporting
documents must be on file with the Board no later than
September 1st of each year for those candidates applying for
the November Examination.
Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin
Board of Clinical Social Work, Marriage and Family
Therapy and Mental Health Counseling
RULE NO.:
RULE TITLE:
64B4-22.110
Course Content
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in the July 27, 2007, issue of
5792 Section IV - Emergency Rules
the Florida Administrative Code, in Vol. 33, No. 30. These
changes are being made in response to comments received
from the Joint Administrative Procedures Committee and the
Board’s vote at the October 25, 2007, Board meeting. The
changes are as follows:
(5) Psychopathology. This course prepares the student in
the evaluation and classification of abnormal human behavior
and psychiatric disorders in individuals according to current
diagnostic standards (DSM IVTR and ICD-9 or ICD-10).
THE PERSON TO BE CONTACTED REGARDING THESE
CHANGES IS: Sue Foster, Executive Director, Board of
Clinical Social Work, Marriage and Family Therapy and
Mental Health Counseling/MQA, 4052 Bald Cypress Way, Bin
#C08, Tallahassee, Florida 32399-3258
Division of Funeral, Cemetery, and Consumer Services
RULE NO.:
RULE TITLE:
69K-1.001
List of Approved Forms;
Incorporation
NOTICE OF CHANGE
120.54(3)(d)1., F.S., published in Vol. 33, No. 24, June 15,
1. The name of the Department’s website in the first paragraph
has been changed to http://www.myfloridacfo.com.
2. The forms identified in subsections (20) and (30) have been
deleted and all of the affected subsections have been
renumbered accordingly.
3. The word “Monthly” has been added before the word
“Report” in subsections (68) through (71) [formerly listed as
subsections (70) through (73)].
Section IV
Emergency Rules
Section V
Petitions and Dispositions Regarding Rule
Variance or Waiver
NOTICE IS HEREBY GIVEN THAT on November 27, 2007,
the Suwannee River Water Management District, received a
petition for variance from Jerry & Janet Barnes, 24271
Highway 247, O’Brien, FL 32071, pursuant to Section
120.542, F.S. Petitioner is seeking a variance from paragraph
40B-4.3030(12)(b), F.A.C., to the 75-foot setback requirement.
The previous property owner constructed a residential addition
in Lafayette County, in Township 6 South, Range 14 East,
Section 17, which encroaches in the 75-foot setback of the
Suwannee River. These rules are intended to set forth criteria
for development activities with a Work of the District.
Comments on this petition should be filed with: Jon Dinges,
District Clerk, SRWMD, 9225 CR 49, Live Oak, FL 32060,
within 14 days of publication of this notice. The petition has
been assigned ERP Number 07-0542.
A copy of the Petition for Variance or Waiver may be obtained
by contacting: Robin Lamm, Administrative Assistant,
Suwannee River Water Management District, 9225 CR 49,
Live Oak, FL 32060, (386)362-1001 or (800)226-1066 in
Florida only.
the South Florida Water Management District (“District”) has
issued an order.
The District Governing Board issued an Order Granting
Waiver
under
Section
120.542,
F.S.
(SFWMD
2007-806-DAO-ROW), on November 15, 2007, to the Florida
Department of Transportation. The petition for waiver was
received by the SFWMD on August 28, 2007. Notice of receipt
of the petition requesting the waiver was published in the
F.A.W., Vol. 33, No. 39, on September 28, 2007. No public
comment was received. This Order provides a waiver for the
widening of US-1/SR5 over the C-103 Canal under
Modification to Right of Way Occupancy Permit Number
2848; Section 33, Township 56 South, Range 39 East,
Miami-Dade County. Specifically, the Order grants a waiver of
subsections 40E-6.011(4) and (6), and paragraph
40E-6.221(2)(j), F.A.C., which governs the placement of
permanent and semi-permanent encroachments within Works
or Lands of the District and governs the minimum low member
elevation of pile-supported facilities within Works or Lands of
the District. Generally, the Order sets forth the basis of the
Governing Board decision to grant the waiver, as follows: 1)
the granting of this waiver will not significantly interfere with
the District’s current ability to perform necessary construction,
alteration, operation and routine maintenance activities
property interests and ability to construct, operate and maintain
Works and Lands of the District activities; and 2) the Order
granting a waiver from the subject rule would prevent the
Petitioner from suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Triola,
South Florida Water Management District, 3301 Gun Club
Road, MSC 1410, West Palm Beach, FL 33406-4680,
(561)682-6268 or by e-mail jtriola@sfwmd.gov.
issued an order.
Waiver
under
Section
120.542,
F.S.
(SFWMD
2007-807-DAO-ROW), on November 15, 2007, to the Florida
Department of Transportation. The petition for waiver was
received by the SFWMD on August 28, 2007. Notice of receipt
of the petition requesting the waiver was published in the
F.A.W., Vol. 33, No. 39, on September 28, 2007. No public
comment was received. This Order provides a waiver for the
widening of US-1/SR5 over the C-103N Canal under
Modification to Right of Way Occupancy Permit Number
3103; Section 33, Township 56 South, Range 39 East,
Miami-Dade County. Specifically, the Order grants a waiver of
subsections 40E-6.011(4) and (6), and paragraph
40E-6.221(2)(j), F.A.C., which governs the placement of
permanent and semi-permanent encroachments within Works
or Lands of the District and governs the minimum low member
elevation of pile-supported facilities within Works or Lands of
the District. Generally, the Order sets forth the basis of the
Governing Board decision to grant the waiver, as follows: 1)
the granting of this waiver will not significantly interfere with
the District’s current ability to perform necessary construction,
alteration, operation and routine maintenance activities
property interests and ability to construct, operate and maintain
Works and Lands of the District activities; and 2) the Order
granting a waiver from the subject rule would prevent the
Petitioner from suffering a substantial hardship.
issued an order.
Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 5793
Waiver
under
Section
120.542,
F.S.
(SFWMD
2007-808-DAO-ROW), on November 15, 2007, to the Collier
County Parks and Recreation Department. The petition for
waiver was received by the SFWMD on August 15, 2007.
Notice of receipt of the petition requesting the waiver was
published in the F.A.W., Vol. 33, No. 35, on August 31, 2007.
No public comment was received. This Order provides a
waiver for the proposed installation of a concrete sidewalk
with aluminum pedestrian railing along the south side of the
Spanish Oaks Lane bridge crossing the I-75 Canal and within
the southwest bridge quadrant at its intersection with Tarpon
Bay Boulevard in Collier County under Right of Way
Occupancy Permit Number 13189; Section 29, Township 48
South, Range 26 East, Collier County. Specifically, the Order
grants a waiver of subsections 40E-6.011(4) and (6), and Rule
40E-6.221, F.A.C., which governs the placement of
above-ground permanent and semi-permanent encroachments
within Works or Lands of the District. Generally, the Order sets
forth the basis of the Governing Board decision to grant the
waiver, as follows: 1) the granting of this waiver will not
significantly interfere with the District’s current ability to
perform necessary construction, alteration, operation and
routine maintenance activities property interests and ability to
construct, operate and maintain Works and Lands of the
District activities; and 2) the Order granting a waiver from the
subject rule would prevent the Petitioner from suffering a
substantial hardship.
the South Florida Water Management District (District),
received a petition for waiver from Olimpia T. Ruiz, amending
her previous petition received on November 8, 2007, regarding
Application No. 07-1108-1 for issuance of a Right of Way
Occupancy Permit for utilization of Works or Lands of the
District known as the C-4, Miami-Dade County, to allow a
proposed fence enclosure to encroach 8.5' and a portion of an
existing air conditioner slab encroaching .5' within the north
right of way of C-4 adjacent to 651 S. W. 130th Avenue, lying
in Section 2, Township 54 South, Range 39 East. The petition
seeks relief from subsections 40E-6.011(4) and (6), F.A.C.,
which governs the placement of permanent and/or
semi-permanent above-ground encroachments within 40 feet
of the top of the canal bank.
by contacting: Juli Triola at (561)682-6268 or e-mail at
jtriola@sfwmd.gov. The District will accept comments
concerning the petition for 14 days from the date of publication
of this notice. To be considered, comments must be received by
the end of business on the 14th day at the South Florida Water
Management District, 3301 Gun Club Road, MSC 1410, West
Palm Beach, FL 33406, Attn: Juli Triola, Office of Counsel.
REGULATION
NOTICE IS HEREBY GIVEN that on November 5, 2007, the
Florida Department of Business and Professional Regulation,
Division of Hotels and Restaurants, received a petition for an
Emergency Variance for subsections 61C-4.0101(1) and
61C-4.010(6), Florida Administrative Codes from Taco Loco
Lunchi Mex Corporation located in Plant City. The above
referenced F.A.C. addresses food supplies, food protection, and
physical facilities-except as specifically provided in this rule,
public food service establishments shall be subject to the
provisions of chapter three and chapter six of the FDA Food
Code. They are requesting to do open air food service on a
Mobile Food Dispensing Vehicle.
by contacting: Xenia.Bailey@dbpr.state.fl.us.
the Florida Department of Business and Professional
Regulation, Division of Hotels and Restaurants, received a
petition for an Emergency Variance for subsection
61C-4.010(7), Florida Administrative Code, from the Cuban
sandwich X press located in Melbourne. The above referenced
F.A.C. states that all bathrooms shall be of easy and convenient
access to both patrons and employees… They are requesting a
variance to share bathroom facilities with an adjacent
establishment.
by contacting Xenia.Bailey@dbpr.state.fl.us.
petition for an Emergency Variance for subsections
61C-4.010(5) and 61C-1.004(1), Florida Administrative Code,
from Garden Café located in Naples. The above referenced
F.A.C. refers to Chapters four and five in the 2001 Federal
Food and Drug Administration (FDA) Food Code. The
Chapters in the 2001 FDA Food Code refer to required
cooling, heating, holding, warewashing, and service sink
equipment in food service establishments. The Petitioner is
requesting to share warewashing facilities and service sink
equipment with a licensed food service establishment on the
same premises.
5794 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver
petition for an Emergency Variance for subsections
61C-4.0101(1) and 61C-4.010(6), Florida Administrative
Code, from Aimmee Lee Angizer Mobile located in Orlando.
The above referenced F.A.C. addresses food supplies, food
protection, and physical facilities-except as specifically
provided in this rule, public food service establishments shall
be subject to the provisions of chapter three and chapter six of
the FDA Food Code. They are requesting to do open air food
service on a Mobile Food Dispensing Vehicle.
the Construction Industry Licensing Board, received a petition
for waiver or variance of Rule 61G4-16.005, F.A.C., from Seth
Asher Rabinowitz, with respect to the duration of validity of
exam results.
by contacting: G. W. Harrell, Executive Director, Construction
Industry Licensing Board, Northwood Center, 1940 N. Monroe
Street, Tallahassee, FL 32399-0750.
the Board of Dentistry, received a petition for a waiver or
variance of subsection 64B5-2.0146(2), F.A.C., with respect to
the following licensure requirement: that each applicant for a
Florida dental license successfully completes supplemental
remedial education to the level of a graduating senior, filed by
Edwin A. Bayo on behalf of Oscar Arevalo.
by contacting Sue Foster, Executive Director at
(850)245-4474.
the Board of Dentistry, received a petition for seeking a waiver
or variance of subsection 64B5-2.0146(2), F.A.C., with respect
to the following licensure requirement: that each applicant for
a Florida dental license successfully completes supplemental
remedial education to the level of a graduating senior, by
Edwin A. Bayo on behalf of Jennifer Sorroza.
by contacting Sue Foster, Executive Director at
(850)245-4474.
the Department of Health, received a petition for variance or
waiver from sub-sub-subparagraph 64F-12.015(6)(d), (1), (b)
(iii), F.A.C. The petitioner is Organon API, Inc., 2136 South
Wolf Road, Des Plaines, IL 60018, Contact Person: Fred Figa,
Senior Legal Counsel, Organon USA, Inc., (973)325-4503,
Fax: (973)325-4705.
Organon
API
Inc.
requests
a
variance
from
sub-sub-subparagraph 64F-12.015(6)(d), (1), (b)(iii), F.A.C.
That section provides that a company may be licensed by the
state as a non-resident manufacturer of prescription drugs if it
is “a private label distributor and the private label distributor’s
prescription drugs are originally manufactured and labeled for
the distributor and have not been repackaged.” It is Organon
API Inc.’s understanding that the Board of Pharmacy has
interpreted this provision as requiring that the private label
distributor’s name appear on the product labels. Organon API
Inc.’s name does not appear on the labels of the products
manufactured for it and, therefore, Organon API Inc. requests a
variance from this code requirement.
by contacting: Rebecca R. Poston, R.Ph., Executive Director,
Board of Pharmacy and Drugs, Devices, and Cosmetics
Program, 4052 Bald Cypress Way, Bin C-04, Tallahassee, FL
32399-3254, telephone: (850)245-4292.
Section VI
Notices of Meetings, Workshops and Public
Hearings
DEPARTMENT OF LEGAL AFFAIRS
The Department of Legal Affairs, Council on the Social
Status of Black Men and Boys announces a public meeting to
which all persons are invited.
PLACE: Room 216, The Capitol, Tallahassee, Florida
GENERAL SUBJECT MATTER TO BE CONSIDERED: The
Council shall make a systematic study of the conditions
affecting black men and boys, including, but not limited to,
homicide rates, arrest and incarceration rate, poverty, violence,
drug abuse, death rates, disparate annual income levels, school
performance in all grade levels including postsecondary levels,
and health issues. This purpose of this meeting is to review the
Council’s initial annual report with the Attorney General.
A copy of the agenda may be obtained by contacting: Rick
Nuss via telephone at (850)414-3300.
Section VI - Notices of Meetings, Workshops and Public Hearings 5795
contacting the Bureau of Criminal Justice Programs at
(850)414-3300. 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 the Bureau of Criminal
Justice Programs at (850)414-3300.
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
The Florida Department of Agriculture and Consumer
Services announces a public meeting to which all persons are
invited.
DATE AND TIME: Monday, December 17, 2007, 5:30 p.m.
PLACE: Ocala/Marion County Chamber of Commence, 110 E.
Silver Springs Boulevard, Ocala, Florida 34470
GENERAL SUBJECT MATTER TO BE CONSIDERED:
This meeting is open to the entire Horse Park Authority to
discuss Horse Park business.
A copy of the agenda may be obtained by contacting: Richard
Gunnels at (850)488-3022 or email gunnelr@doacs.state.fl.us.
contacting: Richard Gunnels at (850)488-3022 or email
gunnelr@doacs.state.fl.us. If you are hearing or speech
The Animal Industry Technical Council (AITC) announces a
meeting to which all interested persons are invited.
DATE AND TIMES: January 11, 2008, 8:30 a.m. – 12:00
Noon, Quarterly Meeting; Tour of the veterinary hospital,
12:00 Noon – 2:00 p.m.
PLACE: University of Florida, College of Veterinary
Medicine, Equine Auditorium
GENERAL SUBJECT MATTER TO BE CONSIDERED: For
a quarterly meeting with a tour of the veterinary hospital.
For more information, please contact Anne Vuxton at
(850)410-0914.
The Consumer Fertilizer Task Force announces a public
meeting to which all persons are invited.
DATE AND TIME: December 17, 2007, 8:00 a.m. – 5:00 p.m.
PLACE: University of Florida/IFAS Mid-Florida Research and
Education Center Auditorium, 2725 South Binion Road,
Apopka, Florida 32703, (407)884-2034
meeting will be to review, discuss and seek consensus on a
package or recommendations to the legislature for proposed
refinements to Florida’s regulation and use of consumer
fertilizers to ensure they are based on the best available science
and uniform subject to variations necessary to meet mandated
state and federal water quality standards.
A copy of the agenda may be obtained by contacting: Mr.
Anderson H. “Andy” Rackley, Director, Division of
Agricultural Environmental Services, 3125 Conner Boulevard,
Suite F, Tallahassee, Florida 32399, (850)488-3731.
The Department of Agriculture and Consumer Services
announces a public meeting to which all persons are invited.
DATE AND TIME: December 20, 2007, 8:30 a.m.
PLACE: Eyster Auditorium, Doyle Conner Building, 3125
Conner Boulevard, Tallahassee, Florida 32399
Organizational meeting of the Consumer Fireworks Task
Force.
A copy of the agenda may be obtained by contacting: Jeff
Vowell, Division of Forestry, 3125 Conner Boulevard,
Tallahassee, Florida 32399 or call (850)414-0843.
contacting: Jeff Vowell, Division of Forestry, 3125 Conner
Boulevard, Tallahassee, Florida 32399 or call (850)414-0843.
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: Jeff Vowell, Division
of Forestry, 3125 Conner Boulevard, Tallahassee, Florida
32399 or call (850)414-0843.
The Office of Early Learning announces a public meeting to
DATES AND TIMES: December 6, 2007, 10:00 a.m. – 5:00
p.m.; December 7, 2007, 8:30 a.m. – 3:00 p.m.
PLACE: Hyatt Regency Orlando International Airport,
Intercontinental Ballroom I, Orlando, FL
Review and Revision of the Voluntary Prekindergarten (VPK)
Education Program Standards (2005).
The Florida Department of Education, Office of Early
Learning, is pleased to announce the first of two Panel of
Experts’ Meetings to review the Voluntary Prekindergarten
(VPK) Education Performance Standards (2005). The focus of
5796 Section VI - Notices of Meetings, Workshops and Public Hearings
this meeting will be: emergent literacy, language and
communication, physical health, approaches to learning, social
and emotional development, and motor development.
The area of Cognitive Development and General Knowledge
(mathematics, science, social studies, the arts) will be
discussed at a second meeting on December 17 and 18, 2007.
A copy of the agenda may be obtained by contacting: Office of
Early Learning at earlylearning@fldoe.org or (850)245-0445.
contacting: Office of Early Learning at earlylearning@
fldoe.org or (850)245-0445. If you are hearing or speech
For more information, you may contact: Office of Early
Learning at earlylearning@fldoe.org or (850)245-0445.
The Office of Early Learning announces a public meeting to
DATES AND TIMES: December 17, 2007, 10:00 a.m. – 5:00
p.m.; December 18, 2007, 8:30 a.m. – 1:30 p.m.
PLACE: Hyatt Regency Orlando International Airport,
Intercontinental Ballroom I, Orlando, FL
Review and Revision of the Voluntary Prekindergarten (VPK)
Education Performance Standards (2005).
The Florida Department of Education, Office of Early
Learning, is pleased to announce the second of two Panel of
Experts’ Meetings to review the Voluntary Prekindergarten
(VPK) Education Performance Standards (2005). The focus of
this meeting will be standards in the area of Cognitive
Development and General Knowledge (mathematics, science,
social studies, the arts).
Early Learning at earlylearning@fldoe.org or (850)245-0445.
contacting: Office of Early Learning at earlylearning@
fldoe.org or (850)245-0445. If you are hearing or speech
For more information, you may contact: Office of Early
Learning at earlylearning@fldoe.org or (850)245-0445.
The Charter School Appeal Commission announces a
hearing to which all persons are invited.
DATE AND TIME: December 12, 2007, 9:00 a.m. – until
completion
PLACE: Tallahassee Community College Capitol Center, 300
W. Pensacola Street, Room 1111, Tallahassee FL 32312
Charter School Appeal Commission Hearing will be hearing
the Termination of Sawgrass Academy vs. Brevard County
School Board, Osprey Academy vs. Brevard County School
Board and the Application Denials of Pinecrest Academy, Inc.
vs Orange County School Board and Imagine Sarasota County
LLC vs. Sarasota County School Board.
Independent Education and Parental Choice, 325 West Gaines
Street, Suite 522, Tallahassee, Florida 32399, (850)245-0502.
The Department of Education, Digital Divide Council
PLACE: This meeting will take place via conference phone.
The call in number is 1(888)808-6959. The conference code is
2459322 to be followed by the # sign.
goals of the Council, membership, and implementation of
technology programs across the state.
A copy of the agenda may be obtained by contacting: Kate
Kemker, PhD, Bureau Chief, Bureau of Instruction and
Innovation, Florida Department of Education, 325 West Gaines
Street, Ste. 432, Tallahassee, FL 32399, (850)245-9868, Fax:
(850)245-0826, Kate.kemker@fldoe.org.
The Education Practices Commission announces a hearing to
DATE AND TIMES: December 14, 2007, 9:00 a.m. or as soon
thereafter as can be heard, An Administrator Hearing Panel;
Teacher Hearing Panel, 9:30 a.m. or as soon thereafter as can
be heard
PLACE: Residence Inn Tallahassee, 600 West Gaines Street,
Tallahassee, Florida 32304, (850)329-9080
Hearing Panel of the Education Practices Commission will
consider final agency action in matters dealing with the
disciplining of certified educators.
A copy of the agenda may be obtained by contacting:
Education Practices Commission, 325 W. Gaines Street, 224
Turlington Building, Tallahassee, Florida 32399-0400.
contacting: Kathleen M. Richards at (850)245-0455. If you are
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: Education Practices
Commission, 325 W. Gaines Street, 224 Turlington Building,
Tallahassee, Florida 32399-0400.
The Department of Revenue announces a public meeting to
DATE AND TIME: December 18, 2007, during a regular
meeting of the Governor and Cabinet, which begins at 9:00
a.m.
PLACE: Cabinet Meeting Room, Lower Level, The Capitol,
Approval of the proposed amendments to Rule 12A-1.008,
Florida Administrative Code (Sales and Use Tax —
Newspapers, Community Newspapers, Shoppers, Magazines
and Other Periodicals). Notice of this proposed adoption was
published in the F.A.W., on October 12, 2007 (Vol. 33, No. 41,
pp. 4750-4751). A Rule Development Workshop was held on
February 20, 2007. Comments were received at the workshop
and the Department amended the proposed rule based on the
comments. A rule hearing was subsequently held on November
5, 2007. No comments were submitted during or after this
hearing.
A copy of the agenda may be obtained by contacting Larry
Green at (850) 922-4830.
contacting: Larry Green at (850)922-4830. If you are hearing
(Voice).
For more information, you may contact Larry Green at
(850)922-4830.
a.m.
Approval of the proposed amendments to paragraph
12A-19.100(4)(a),
Florida
Administrative
Code
(Communications Services Tax; Public Use Forms). Notice of
this proposed adoption was published in the F.A.W., on
October 19, 2007 (Vol. 33, No. 42, pp. 4895-4896). A Rule
Development Workshop was held on September 11, 2007, and
a Rule Hearing was subsequently held on November 13, 2007.
No comments have been submitted regarding these proposed
rule amendments.
Green at (850)922-4830.
contacting Larry Green at (850)922-4830. If you are hearing or
(Voice).
(850)922-4830.
a.m.
Approval of the proposed amendments to Rule 12C-1.0221,
Florida Administrative Code (Corporate Income Tax —
Returns, Notices, and Elections; Signing and Verification).
Notice of this proposed adoption was published in the F.A.W.,
on October 12, 2007 (Vol. 33, No. 41, pp. 4751-4753). No
comments were received at the Rule Development Workshop
that was held on August 14, 2007. A rule hearing was
subsequently held on November 5, 2007. No comments were
submitted during this hearing. Comments were submitted after
the hearing by the Joint Administrative Procedures Committee
of the Florida Legislature. The Department published a Notice
of Change in the F.A.W., on December 7, 2007 amending this
proposed rule to conform it to the Committee’s comments.
Green at (850)922-4830.
(Voice).
(850)922-4830.
The Department of Revenue announces a public meeting on
Rules 12C-2.001, Definitions; 12C-2.002, Property Subject to
Tax – Annual and Nonrecurring; 12C-2.003, Exemptions;
12C-2.004, Levy of Tax – Annual and Nonrecurring;
12C-2.005, Due Date – Payment of Tax – Discounts Allowed;
12C-2.006, Taxable Situs – Reporting Requirements – Who
Shall File a Return; 12C-2.0061, Transfer of Intangible
Personal Property to Certain Out-of-State Entities;
12C-2.0062, Management or Control; 12C-2.0063, Intangible
Personal Property Held in Trusts; 12C-2.007, Penalties and
Interest; 12C-2.008, Information Reports; 12C-2.010,
Valuations;
12C-2.0105,
Tax
Credits;
12C-2.011,
Administration; 12C-2.0115, Public Use Forms; 12C-2.012,
Refunds, F.A.C. to which all persons are invited.
a.m.
Approval of the proposed amendments to Rule Chapter 12C-2,
Florida Administrative Code (Intangible Personal Property
Tax). Notice of this proposed adoption was published in the
F.A.W., on October 19, 2007 (Vol. 33, No. 42, pp. 4897-4907).
A Rule Development Workshop was held on August 27, 2007,
and a Rule Hearing was subsequently held on November 13,
2007. No comments were submitted during or after the
workshop, and no comments were submitted at the hearing.
After the hearing the Joint Administrative Procedures
Committee of the Florida Legislature requested a copy of a
form, which the Department provided.
Green at (850)922-4830.
(Voice).
(850)922-4830.
DEPARTMENT OF TRANSPORTATION
The Strategic Aggregates Review Task Force announces a
public meeting to which all persons are invited.
PLACE: The Westin Tampa Harbour Island, 725 South
Harbour Island Boulevard, Tampa, Florida 33602
Strategic Aggregates Review Task Force, recently formed by
the Florida Legislature under CS/HB 985, will hold the first in
a series of public meetings to discuss improvements in policy
and public investment as it relates to the availability of
construction aggregate materials and related mining/land use
practices in the State of Florida. The first meeting will include
discussions of task force organization, rules of procedure and
stakeholder perspectives. Verbal and written comments may be
provided at the informational meeting or sent by mail to:
Christine McDonald, Public Information Officer, 5007 N. E.
39th Avenue, Gainesville, FL 32609 or via the web at
http://www.dot.state.fl.us/statematerialsoffice/administration/r
esources/library/issues-trends/aggtaskforce/contactus.html.
A copy of the agenda may be obtained by contacting: Christine
McDonald, Public Information Officer at (352)955-6624 or by
e-mail at christine.mcdonald@dot.state.fl.us.
contacting: Christine McDonald, Public Information Officer at
(352)955-6624 or by e-mail at christine.mcdonald@dot.
state.fl.us. If you are hearing or speech impaired, please
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Christine McDonald,
Public Information Officer at (352)955-6624 or by e-mail at
christine.mcdonald@dot.state.fl.us.
The Strategic Aggregates Review Task Force announces a
DATE AND TIME: December 19, 2007, 8:00 a.m. – 5:00 p.m.
Strategic Aggregates Review Task Force, recently formed by
the Florida Legislature under CS/HB 985, will hold the first in
a series of public meetings to discuss improvements in policy
and public investment as it relates to the availability of
construction aggregate materials and related mining/land use
practices in the State of Florida. The first meeting will include
discussions of task force organization, rules of procedure and
stakeholder perspectives. Verbal and written comments may be
provided at the informational meeting or sent by mail to:
Christine McDonald, Public Information Officer, 5007 N. E.
39th Avenue, Gainesville, FL 32609 or via the web at
http://www.dot.state.fl.us/statematerialsoffice/administration/r
esources/library/issues-trends/aggtaskforce/contactus.html.
A copy of the agenda may be obtained by contacting: Christine
contacting: Christine McDonald, Public Information Officer at
state.fl.us. If you are hearing or speech impaired, please
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Christine McDonald,
Public Information Officer at (352)955-6624 or by e-mail at
christine.mcdonald@dot.state.fl.us.
The Strategic Aggregates Review Task Force announces an
informational tour of the Port of Tampa that has been
scheduled for the members of the task force.
Noon
Strategic Aggregates Task Force, recently formed by the
Florida Legislature under CS/HB 985, will take a tour of the
Port of Tampa on Thursday, December 20, 2007. Public
participation in the Port of Tampa tour will be limited to 10
participants due to the size of the vessel that will transport the
task force members. This scheduled event is intended to be a
fact-finding session for the sole purpose of gathering
information only, therefore, no recommendations will be made,
no public business will be discussed and no votes will be taken.
If you are interested in participating in this event, please
contact Christine McDonald, Public Information Officer at
state.fl.us. The final ten participants will be randomly selected.
participate in this tour is asked to advise the agency at least
seven days prior to the meeting by contacting: Christine
For additional information, please contact: Christine
McDonald, Public Information Officer, Florida Department of
Transportation, State Materials Office, 5007 Northeast 39th
Avenue, Gainesville, Florida 32609, (352)955-6624.
The Florida Transportation Commission announces a public
DATE AND TIME: January 8, 2008, 9:00 a.m. – 12:00 Noon
PLACE: Florida Department of Transportation, 605 Suwannee
Street, Burns Building, 5th Floor, Commission Office,
Teleconference of the Florida Transportation Commission’s
Subcommittee to discuss additional oversight of the
Transportation Authorities as stated in HB 985.
A copy of the agenda may be obtained by contacting Cathy
Goodman at (850)414-4105.
contacting Cathy Goodman at (850)414-4105. If you are
1(800)955-8770 (Voice).
For more information, you may contact: Florida Transportation
Commission, Room 176, M.S. 9, 605 Suwannee Street,
Tallahassee, Florida 32399-0450, (850)414-4105.
DEPARTMENT OF CITRUS
The Florida Department of Citrus, Marketing Alternatives
Subcommittee announces a public meeting to which all
persons are invited.
DATE AND TIME: Tuesday, December 18, 2007, 1:00 p.m.
PLACE: Florida Department of Citrus, 1115 East Memorial
Blvd., Lakeland, FL
purpose of this meeting will be to review staff white paper
summarizing possible alterations of existing FCC/FDOC
strategies and future marketing programs to effectively
eliminate free riders, including the potential incremental costs
(both monetary and risks) of such program alterations. The
Subcommittee will also discuss any other issues that may
properly come before the Subcommittee.
A copy of the agenda may be obtained by contacting: Teresa
Czerny at (863)499-2500.
contacting: Bill Jones at (863)499-2500. If you are hearing or
(Voice).
For more information, you may contact: Teresa Czerny at
(863)499-2500.
The Florida Department of Citrus, Florida Citrus
Commission announces a public meeting to which all persons
are invited.
DATE AND TIME: Wednesday, December 19, 2007, 9:00 a.m.
PLACE: Florida Department of Citrus, 1115 East Memorial
Blvd., Lakeland, FL
Commission will convene for the purpose of standing
committee meetings and the regular monthly meeting of the
Florida Citrus Commission. The Commission will address
issues pertaining to budget items and revisions, contracts,
advertising programs, program evaluation measurements,
licensing, rulemaking, and other matters addressed during
monthly meetings of the Commission. The Commission may
also go into closed session pursuant to the provisions of
Section 286.011(8), F.S., to discuss Citrosuco, et al v.
Department of Citrus, et al. The parties attending the closed
session will be Benny W. Albritton, Jr., Robert M. Behr,
Wesley W. Brumback, Michael L. Carrere, E. Stanley Carter,
W. Cody Estes, Sr., Michael W. Haycock, Virginia S. Pena,
Steven M. Smith, George H. Streetman, Michael O. Taylor,
David P. Wheeler, Ken Keck, Executive Director, Hank B.
Campbell, Esq., and Edwin A. Scales, III, Esq.
A copy of the agenda may be obtained by contacting: Linda
Gurney at (863)499-2500 or lgurney@citrus.state.fl.us.
contacting: Bill Jones at (863)499-2500. If you are hearing or
(Voice).
For more information, you may contact: Linda Gurney at
(863)499-2500 or lgurney@citrus.state.fl.us.
FLORIDA PAROLE COMMISSION
The Florida Parole Commission announces a public meeting
to which all persons are invited.
PLACE: Florida Parole Commission, 2601 Blair Stone Road,
Bldg. C, Tallahassee, Florida 32399-2450
Regularly scheduled meeting for all Parole, Conditional
Release, Conditional Medical Release, Addiction Recovery
and Control Release matters as well as other Commission
business.
A copy of the agenda may be obtained by contacting: Florida
Parole Commission, 2601 Blair Stone Road, Bldg. C,
agency at least five days before the workshop/meeting by
contacting: Florida Parole Commission, 2601 Blair Stone
Road, Bldg. C, Tallahassee, Florida 32399-2450. If you are
1(800)955-8770 (Voice).
For more information, you may contact: Florida Parole
Commission, 2601 Blair Stone Road, Bldg. C, Tallahassee,
Florida 32399-2450.
The Florida Parole Commission announces a public meeting
to which all persons are invited.
DATE AND TIME: Friday, December 21, 2007, 9:00 a.m.
PLACE: Florida Parole Commission, 2601 Blair Stone Road,
Bldg. C, Tallahassee, Florida 32399-2450
Emergency vote as needed for all Parole, Conditional Release,
Conditional Medical Release, Addiction Recovery and Control
Release matters as well as other Commission business.
Parole Commission, 2601 Blair Stone Road, Bldg. C,
agency at least five days before the workshop/meeting by
contacting: Florida Parole Commission, 2601 Blair Stone
Road, Bldg. C, Tallahassee, Florida 32399-2450,
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Florida Parole
Commission, 2601 Blair Stone Road, Bldg. C, Tallahassee,
Florida 32399-2450.
The Florida Public Service Commission announces a public
DATE AND TIME: Wednesday, January 9, 2008, 5:00 p.m. –
8:30 p.m.
PLACE: Chain of Lakes Complex, 210 Cypress Gardens
Blvd., Winter Haven, Florida 33880
Docket No. 070415-WS, Application for staff-assisted rate
case in Polk County by CHC VII, Ltd. The purpose of this
customer meeting is to give customers and other interested
persons an opportunity to provide comment to the Florida
Public Service Commission staff regarding the quality of
service the utility provides, the proposed rate increase, and to
ask questions and comment on staff’s preliminary rates.
Members of the public who wish to comment or ask questions
are urged to appear promptly since the meeting may be
adjourned early if no customers or interested persons are
present to speak. One or more Commissioners may attend.
EMERGENCY
CANCELLATION
OF
CUSTOMER
MEETING: If a named storm or other disaster requires
cancellation of the meeting, Commission staff will attempt to
give timely direct notice to the parties. Notice of the
cancellation of the meeting will also be provided on the
Commission’s website (http://www.psc.state.fl.us) under the
Hot Topics link found on the home page. Cancellation can also
be confirmed by calling the Office of the General Counsel at
(850)413-6199.
contacting Office of the Commission Clerk at (850)413-6770.
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: Jennifer Brubaker,
Office of the General Counsel at (850)413-6228.
EXECUTIVE OFFICE OF THE GOVERNOR
The Governor’s Commission on Volunteerism and
Community Service announces a telephone conference call to
DATE AND TIME: Friday, December 14, 2007, 8:00 a.m. –
5:00 p.m.
PLACE: Tallahassee, FL
Volunteer Florida Foundation Board of Directors Meeting
general business.
A copy of the agenda may be obtained by contacting Kristin
Mullikin.
contacting Kristin Mullikin. If you are hearing or speech
For more information, you may contact: Kristin Mullikin at
(850)414-0092.
The Office of Film and Entertainment and the Digital Media
Incentive Task Force will convene in meeting via conference
call. This is a public meeting to which all persons are invited.
DATE AND TIME: Friday, December 14, 2007, 9:00 a.m.
PLACE: Governor’s Office of Film and Entertainment, The
Capitol, Suite 2001, Tallahassee, FL 32399-0001. Call In #:
1(888)808-6959, Conference Code #4104765
GENERAL SUBJECT MATTER TO BE CONSIDERED: To
discuss the Digital Media Industry incentive in Florida.
Should any person wish to appeal any decision made with
respect to the above referenced meeting, he/she may need to
ensure verbatim recording of the proceedings in order to
provide a record for judicial review.
Pursuant to Section 286.26, Florida Statutes, any handicapped
person wishing to attend this meeting should contact the
Commission at least 48 hours prior to the meeting in order to
request any special assistance.
The Office of Film and Entertainment, The Office of
Tourism, Trade & Economic Development, The Office of the
Lieutenant Governor, and The Florida Film and Entertainment
Advisory Council will convene in a meeting. This is a public
DATE AND TIME: Wednesday, December 19, 2007, 2:00 p.m.
PLACE: Governor’s Office of Film and Entertainment, The
Capitol, Suite 2001, Tallahassee, FL 32399-0001
conduct interviews for the position of State Film
Commissioner.
Should any person wish to appeal any decision made with
respect to the above referenced meeting, he/she may need to
ensure verbatim recording of the proceedings in order to
provide a record for judicial review.
Pursuant to Section 286.26, Florida Statutes, any handicapped
person wishing to attend this meeting should contact the
Commission at least 48 hours prior to the meeting in order to
request any special assistance.
regular monthly board meeting of the SWFRPC has been
cancelled for the month of December. The next scheduled
board meeting is scheduled for Thursday, January 17, 2008 at
9:00 am.
For more information, you may contact: Mrs. Nichole L.
Gwinnett at (239)338-2550, ext. 232 or by email ngwinnett@
swfrpc.org.
REGIONAL PLANNING COUNCILS
The Southwest Florida Regional Planning Council
announces a telephone conference call to which all persons are
invited.
DATE AND TIME: Thursday, December 20, 2007, 9:00 a.m.
PLACE: Southwest Florida Regional Planning Council, 1926
Victoria Avenue, Fort Myers, FL
Council’s Nominations Committee will be discussing and
recommending nominations for the positions of Chairman,
Vice Chairman, Secretary, and Treasurer officers of the 2008
calendar year to the full board.
contacting: Mrs. Debbie Kooi at (239)338-2550, ext. 210 or
email dkooi@swfrpc.org. If you are hearing or speech
For more information, you may contact: Mrs. Nichole
Gwinnett at (239)338-2550 ext. 232 or email ngwinnett@
swfrpc.org.
The Northeast Florida Regional Council, Personnel, Budget,
and Finance Policy Committee announces a public meeting to
PLACE: Northeast Florida Regional Council, 6850 Belfort
Oaks Place, Jacksonville, Florida 32216
discuss pending personnel, budget, and finance policy matters.
Notice is also given that two or more members of the Boards of
County Commissioners, City/Town Councils/Commissions
and other entities covered under Chapter 286, Florida Statutes,
may attend and speak at the meeting.
A copy of the agenda may be obtained by contacting: Angela
Giles, Northeast Florida Regional Council, 6850 Belfort Oaks
Place, Jacksonville, Florida 32216.
The Central Florida Regional Planning Council announces a
PLACE: Bob Crawford Agricultural Center, 605 East Main
Street, Bartow, FL 33830
Regular monthly meeting of the Council and/or it’s Executive
Committee.
A copy of the agenda may be obtained by contacting Patricia
M. Steed, Executive Director.
For more information, you may contact: Patricia M. Steed,
Executive Director, 555 East Church Street, Bartow, FL 33830.
NOTICE OF CANCELLATION – The Southwest Florida
Regional Planning Council announces a public meeting to
DATE AND TIME: Thursday, December 20, 2007
PLACE: Southwest Florida Regional Planning Council, 1st
Floor, Conference Room, 1926 Victoria Avenue, Fort Myers,
FL
The Southwest Florida Regional Planning Council
PLACE: Southwest Florida Regional Planning Council, 1st
Floor, Conference Room, 1926 Victoria Avenue, Fort Myers,
FL
Council’s Subcommittee will be discussing and compiling the
newly appointed Executive Director’s job description.
contacting: Mrs. Debbie Kooi at (239)338-2550, ext. 210 or
email dkooi@swfrpc.org. If you are hearing or speech
For more information, you may contact: Mrs. Nichole
Gwinnett at (239)338-2550, #232 or email ngwinnett@
swfrpc.org.
The South Florida Regional Planning Council announces a
DATE AND TIME: Thursday, December 13, 2007, 2:00 p.m. –
3:00 p.m.
PLACE: Jim Ward Community Center, 301 N. W. 46th
Avenue, Plantation, Florida
continue deliberations regarding economic development,
aesthetic improvement and increased intergovernmental
cooperation along the corridor.
A copy of the agenda may be obtained by contacting: South
Florida Regional Planning Council, 3440 Hollywood
Boulevard, Suite 140, Hollywood, Florida 33021.
contacting: South Florida Regional Planning Council at
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: South Florida
Regional Planning Council, 3440 Hollywood Boulevard, Suite
140, Hollywood, Florida 33021.
REGIONAL TRANSPORTATION AUTHORITIES
The South Florida Regional Transportation Authority
DATE AND TIME: Wednesday, December 19, 2007, 10:00
a.m.
PLACE: Board Room of SFRTA’s Administrative Offices, 800
N. W. 33rd Street, Pompano Beach, FL 33064
Planning Technical Advisory Committee Meeting.
A copy of the agenda may be obtained by contacting: SFRTA
Planning Office at (954)788-7928.
contacting: Executive Office at 800 N. W. 33rd Street, Suite
100, Pompano Beach, Florida 33064. If you are hearing or
(Voice).
The Northwest Florida Water Management District
(EST)
PLACE: District Headquarters, 10 miles west of Tallahassee
on Highway 90, Tallahassee, FL
Governing Board Meeting - to discuss District business
OTHER MEETINGS HELD ON DECEMBER 1, 2007:
11:05 a.m. (EST) Public Hearing on Consideration of
Regulatory Matters
A copy of the agenda may be obtained by contacting: Dorothy
Cotton, NWFWMD, 81 Water Management Drive, Havana,
FL 32333, (850)539-5999, also available through the Internet
at www.nwmfwmd.state.fl.us.
contacting Larry Wright at the District. If you are hearing or
(Voice).
The Southwest Florida Water Management District
(SWFWMD) announces a public meeting to which all persons
are invited.
DATE AND TIME: Tuesday, December 18, 2007, 9:00 a.m.
PLACE: District Headquarters, 2379 Broad Street,
Brooksville, FL
GOVERNING BOARD COMMITTEE MEETINGS, BOARD
MEETING, AND PUBLIC HEARING: Conduct Committee
meetings, Governing Board meeting and public hearing.
A closed attorney-client session will be held during the lunch
break. Ad Order 58011.
SWFWMD Executive Department, 2379 Broad Street,
Brooksville, Florida 34604, 1(800)423-1476 (Florida) or
Frances Sesler at (352)796-7211, extension 4608.
contacting
the
General
Services
Department
at
1(800)423-1476 (Florida) or (352)796-7211, extension 4527,
TDD only 1(800)231-6103. If you are hearing or speech
For more information, you may contact SWFWMD Executive
Department at the address above.
The South Florida Water Management District announces a
Water Conservation Summit
PLACE: SFWMD Headquarters, Building B-1, 3301 Gun Club
Road, West Palm Beach, Florida 33406
Hosted by the Water Resources Advisory Commission, the
purpose of the Summit meeting is to bring together local, state
and national experts along with a broad range of stakeholders
to develop an enduring, comprehensive water conservation
program for South Florida. The public is advised that it is
possible that one or more members of the Governing Board of
the South Florida Water Management District may attend and
participate in this meeting.
A copy of the agenda may be obtained by contacting: Reagan
Walker at (561)682-6262 or online at www.sfwmd.gov.
contacting the District Clerk’s Office at (561)682-2087. If you
1(800)955-8770 (Voice).
For more information, you may contact the District Clerk’s
Office at (561)682-2087.
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED
The Florida Commission for the Transportation
Disadvantaged announces a public meeting to which all
persons are invited.
DATE AND TIME: Friday, December 14, 2007, 10:00 a.m. –
until completion
PLACE: Commission Business Office, Rhyne Building, 2740
Centerview Drive, Suite 1-A, Tallahassee, FL 32301,
(850)410-5700. Conference Call Number: 1(888)808-6959,
Conference Code: 34767.
designate emergency Medicaid Subcontracted Providers in
certain service areas and other Commission Business.
A copy of the agenda may be obtained by contacting: Nikki
Smith, 605 Suwannee Street, MS-49, Tallahassee, FL 32399,
(850)410-5700 or 1(800)983-2435.
contacting: Nikki Smith, 605 Suwannee Street, MS-49,
Tallahassee, FL 32399, (850)410-5700 or 1(800)983-2435. 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: Nikki Smith, 605
Suwannee Street, MS-49, Tallahassee, FL 32399,
(850)410-5700 or 1(800)983-2435.
REGIONAL UTILITY AUTHORITIES
NOTICE OF CANCELLATION – The Withlachoochee
Regional Water Supply Authority announces a public
DATE AND TIME: Wednesday, December 19, 2007, 4:30 p.m.
PLACE: Sumter County Courthouse, Commission Meeting
Room 222, 209 N. Florida Street, Bushnell, FL 33513
conduct regular business of the Authority.
Withlacoochee Regional Water Supply Authority, P. O. Drawer
190, Tallahassee, Florida 32302 or at www.WRWSA.org under
“minutes and notices,” “current agenda.”
For more information, you may contact: Jackson Sullivan at
(850)513-3604.
AGENCY FOR HEALTH CARE ADMINISTRATION
The Agency for Health Care Administration,
Pharmaceutical and Therapeutics Committee announces a
DATE AND TIME: Wednesday, January 9, 2008, 9:30 a.m. –
2:30 p.m.
PLACE: Tampa Airport Marriott, Tampa International Airport,
Tampa, Florida 33607
Recommendations for drugs to be included on the Preferred
Drug List are made at this meeting.
Members of the public who wish to testify at this meeting must
contact Mark Gibson at (850)487-3270. The number of
speakers will be limited and will be accommodated in order of
notification to Mr. Gibson. Because of unforeseen events that
may cause changes, interested parties are encouraged to watch
the web site at http://www.fdhc.state.fl.us/Medicaid
/Prescribed_Drug. Procedures for speakers to follow are also
available on the website.
A copy of the agenda may be obtained by contacting Mark
Gibson at (850)487-3270.
DEPARTMENT OF MANAGEMENT SERVICES
NOTICE OF CHANGE – The Department of Management
Services, Communications and Information Technology
Services, E911 Board announces the following meeting
schedule information.
Meeting Notice Update:
E911 Board Meeting
DATES AND TIME: December 12-13, 2007, 9:00 a.m. – until
conclusion of business
PLACE: Embassy Suites, Orlando, Florida
New Meeting Notices:
E911 Board Meeting
DATES AND TIME: January 16-17, 2008, 9:00 a.m. – until
PLACE: Renaissance at World Golf Village, St. Augustine,
Florida
E911 Grant Committee meeting to discuss issues related to
E911 Grant Applications
DATES AND TIMES: February 18, 2008, 2:00 p.m. – 5:00
p.m.; February 19, 2008, 9:00 a.m. – until conclusion of
business
PLACE: Embassy Suites, Altamonte Springs, Florida
E911 Board Meeting
DATES AND TIME: February 20-21, 2008, 9:00 a.m. – until
PLACE: Embassy Suites, Altamonte Springs, Florida
Grant Committee meeting to discuss issues related to 2008
Grant Applications
DATE AND TIME: March 18, 2008, 2:00 p.m. – until
PLACE: Hilton Garden Inn Hotel, Tallahassee, Florida
E911 Board Meeting
DATES AND TIME: March 19-20, 2008, 9:00 a.m. – until
Grant Committee meeting to discuss issues related to 2008
Grant Applications
DATE AND TIME: April 15, 2008, 2:00 p.m. – until
E911 Board Meeting
DATES AND TIME: April 16-17, 2008, 9:00 a.m. – until
If accommodation due to disability is needed in order to
participate, please notify the DMS – Communications and
Information Technology Services Office/E911 Board in
writing at least five (5) days in advance at 4050 Esplanade
Way, Tallahassee, Florida 32399-0950.
The State Retirement Commission announces a hearing to
PLACE: Omni Hotel, 245 Water Street, Jacksonville, FL
conduct hearings pursuant to Section 121.23, Florida Statutes,
and to consider other matters related to the business of the
Commission.
Department of Management Services, State Retirement
Commission, 4050 Esplanade Way, Suite 160, Tallahassee,
Florida 32399-0950 or by telephoning (850)487-2410.
A party who decides to appeal any decision made at such
hearings will need a verbatim record of the hearing and may
need to ensure that one is made, including the testimony and
evidence, upon which the appeal is to be based.
agency at least 15 days before the workshop/meeting. If you
1(800)955-8770 (Voice).
REGULATION
The Board of Employee Leasing Companies announces a
or soon thereafter
PLACE: The Peabody Orlando, 9801 International Drive,
Orlando, Florida 32819, (800)732-2639
reconsider the following cases:
2007-023248; 2007-035388; 2007-035386; 2007-035394;
2006-050572; 2006-050574; 2006-050583; 2006-050493;
2006-050586; 2006-050528
A copy of the agenda may be obtained by contacting: Board of
Employee Leasing Companies, 1940 North Monroe Street,
Tallahassee, Florida 32399-0767 or by calling their office at
(850)487-1395.
contacting: Board of Employee Leasing Companies at
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Board of Employee
Leasing Companies, 1940 North Monroe Street, Tallahassee,
Florida 32399-0767.
The Department of Environmental Protection, Office of
Coastal and Aquatic Managed Areas announces a public
DATES AND TIMES: Wednesday, December 12, 2007, 8:30
a.m. – 5:00 p.m. or business completed; Thursday, December
13, 2007, 8:30 a.m. – 5:00 p.m. or business completed
PLACE: Rookery Bay National Estuarine Research Reserve,
Environmental Learning Center, Upper Mezzanine, 300 Tower
Road, Naples, FL 34113
Florida Oceans and Coastal Resources Council will meet to
further its duties under the Oceans and Coastal Resources Act,
including work on the FY 2008-2009 Annual Science Research
Plan.
A copy of the agenda may be obtained by contacting: Steve
Wolfe at Steven.Wolfe@dep.state.fl.us or (850)245-2102.
contacting: Steve Wolfe at Steven.Wolfe@dep.state.fl.us or
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
The Suwannee River Wilderness Trail announces a public
PLACE: Advent Christian Village, Dowling Park, Florida
Camp Suwannee – Program at Advent Christian Village.
A copy of the agenda may be obtained by contacting: Amy
Thompson at 1(800)868-9914 or amy.thompson@dep.state.
fl.us.
contacting: Amy Thompson at 1(800)868-9914 or amy.
thompson@dep.state.fl.us. If you are hearing or speech
For more information, you may contact: Amy Thompson at
1(800)868-9914 or amy.thompson@dep.state.fl.us.
The Department of Environmental Protection announces a
DATE AND TIME: Friday, December 14, 2007, 1:00 p.m.
PLACE: Ed Ball Building, City of Jacksonville Public Works,
1st Floor, Training Room, 214 North Hogan Street,
Jacksonville, Florida 32202
Lower St. Johns River Tributaries (LSJRT) BMAP Working
Group was formed to provide a forum for stakeholders to
discuss issues related to the LSJRT TMDLs, including
development, allocation, and implementation of the TMDLs.
Topics for this meeting include discussion of the Lower St.
Johns River Tributaries Fecal Coliform Basin Management
Action Plan.
A copy of the agenda may be obtained by contacting: Ms. Amy
Tracy, Department of Environmental Protection, 2600 Blair
Stone Road, Watershed Planning and Coordination Section,
MS 3565, Tallahassee, Florida 32399-2400 or by calling her at
(850)245-8506.
contacting: Ms. Amy Tracy at (850)245-8506. If you are
1(800)955-8770 (Voice).
The Board of Nursing Home Administrators, Probable
Cause Panel announces a telephone conference call to which
all persons are invited.
a.m.
PLACE: Meet Me Number: 1(888)808-6959, when prompted,
enter your Conference Code: 9849329103, then #. Department
of Health, 4052 Bald Cypress Way, Bin #C07, Tallahassee,
Florida
GENERAL SUBJECT MATTER TO BE CONSIDERED: For
cases previously heard by the panel.
A copy of the agenda may be obtained by contacting: Joe
Baker, Jr., Executive Director, Board of Nursing Home
Administrators, 4052 Bald Cypress Way, Bin #C07,
Tallahassee, FL 32399-3257.
agency at least 48 hours before the workshop/meeting. If you
1(800)955-8770 (Voice).
The Department of Health announces a public meeting to
Noon
PLACE: 224 S. E. 24 Street, Environmental Health Conference
Room, Gainesville, FL 32601
Environmental Health Professional Certification continuing
education policies, procedures and protocols.
A copy of the agenda may be obtained by contacting: David B.
Wolfe, 4052 Bald Cypress Way, BIN A08, Tallahassee, FL
32399-1710, (850)245-4277.
The Department of Health, Bureau of Water Programs
DATES AND TIME: Wednesday, January 9, 2008;
Wednesday, March 12, 2008; Wednesday, May 14, 2008;
Wednesday, July 9, 2008; Wednesday, September 10, 2008;
Wednesday, November 12, 2008, 9:30 a.m. – end by or before
3:00 p.m.
PLACE: Hurston Building, South Tower, 1st Floor,
Conference Room A, 400 West Robinson Street, Orlando, FL
32801
purpose of each meeting will be for the Governor’s Public Pool
and Bathing Place Advisory Board to review and make
recommendations to the Department for agency action on
variance requests, rule and policy development, and other
technical review issues.
Department of Health, Bureau of Water Programs, 4052 Bald
Cypress Way, BIN #C-22, Tallahassee, FL 32399-1742,
(850)245-4240.
contacting: Pat Duncan, Department of Health, Bureau of
Water Programs, 4052 Bald Cypress Way, BIN #C-22,
Tallahassee, FL 32399-1742, (850)245-4240. If you are
1(800)955-8770 (Voice).
For more information, you may contact: Department of Health,
Bureau of Water Programs, 4052 Bald Cypress Way, BIN
#C-22, Tallahassee, FL 32399-1742, (850)245-4240.
SERVICES
The Substance Abuse and Mental Health Programs of the
Department of Children and Family Services are conducting
a public meeting.
p.m.
PLACE: 400 W. Robinson St., Conference Room C, South
Tower (Hurston Building), Orlando, FL. Please contact John
Bryant at (850)413-6779 if you need special assistance to
attend this meeting.
accept public and stakeholder comments on the role and
function of managing entities. Section 394.9082, F.S., defines a
managing entity as “an entity that manages the delivery of
behavioral health services.” Managing entities are viewed as a
promising method of purchasing a comprehensive system of
substance abuse treatment services within the Department’s
circuits and regions. The stakeholder and public comment
portion of the meeting will be preceded by a presentation
outlining the Department’s rationale for contracting with
managing entities and the role, functions, and activities
expected to be performed by the managing entities.
FLORIDA HOUSING FINANCE CORPORATION
The Florida Housing Finance Corporation announces a
DATES AND TIME: December 20, 2007; January 3, 2008,
1:30 p.m.
PLACE: Rick Seltzer Conference Room, Suite 6000, Florida
Housing Finance Corporation, 227 North Bronough Street,
discuss the evaluations of the Response(s) submitted for
Florida Housing Finance Corporation’s Request for
Qualifications #2007-04 for Media Planning and Buying
Services.
A copy of the agenda may be obtained by contacting Robin
Grantham at (850)488-4197.
contacting Robin Grantham at (850)488-4197. If you are
1(800)955-8770 (Voice).
COMMISSION
The Fish and Wildlife Conservation Commission announces
a public meeting to which all persons are invited.
a.m. – 11:00 a.m.
PLACE: Fish and Wildlife Conservation Commission, Fish
and Wildlife Research Institute, 100 Eighth Avenue, S. E., 4th
Floor, Conference Room, St. Petersburg, Florida 33701
purpose of this meeting is to conduct the Guaranteed Energy
Performance Savings Contract Award per Section
489.145(4)(e), F.S. It is intended to award this energy savings
contract to Energy Systems Group, Clearwater, Florida.
A copy of the agenda may be obtained by contacting: Darlyn
Stockfisch, 100 Eighth Avenue, S. E., St. Petersburg, Florida
33701, (727)896-8626.
contacting the agency ADA Coordinator at (850)488.6411. 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 Department of Financial Services, Division of State
Fire Marshal announces a public meeting to which all persons
are invited.
DATE AND TIME: Thursday, December 20, 2007, 2:00 p.m.
PLACE: State Fire Marshal Conference Room, Third Floor,
Atrium, 325 John Knox Road, Tallahassee, Florida 32303.
Anyone wishing to attend may attend in person or by telephone
conference call. Those attending by telephone conference call
should dial (850)413-1591, (Suncom) 293-1591. (Cisco VoIP
Internal callers may reach the conference call by dialing
11591.) Once you have dialed the initial number you will be
prompted to enter the Conference ID which is 736003. The
connection will be available 5 to 10 minutes before 2:00 p.m.
Quarterly meeting of the Florida Fire Safety Board.
A copy of the agenda may be obtained by contacting: Donald
Rollins, Division of State Fire Marshal, Bureau of Fire
Prevention, Regulatory Licensing Section, 200 East Gaines
Street, Tallahassee, FL 32399-0342, or by calling him at
(850)413-3628.
contacting: Donald Rollins, Division of State Fire Marshal,
Bureau of Fire Prevention, Regulatory Licensing Section, 200
East Gaines Street, Tallahassee, FL 32399-0342, or by calling
him at (850)413-3628. 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).
TREASURE COAST EDUCATION, RESEARCH AND
DEVELOPMENT AUTHORITY
The Treasure Coast Education, Research and Development
Authority announces a public meeting to which all persons are
invited.
DATE AND TIME: Tuesday, December 11, 2007, 1:00 p.m.
PLACE: University of Florida Indian River Research and
Education Center, 2199 South Rock Road, Fort Pierce, Florida
Minutes of November 13, 2007 meeting, Treasurer’s report,
Preliminary Master Plan presentation, St. Lucie county
Economic Development Council presentation, cattle lease
update, concurrency exemption, committee reports, and such
other business as the Authority may deem appropriate.
A copy of the agenda may be obtained by contacting the
Authority at (772)467-3107 prior to the meeting.
contacting (772)467-3107. If you are hearing or speech
MID-FLORIDA AREA AGENCY ON AGING
The Elder Options, formerly known as, the Mid-Florida
Area Agency on Aging announces a public meeting to which
all persons are invited.
PLACE: Hilton University of Florida Conference Center
Gainesville, 1714 S. W. 34th Street, Gainesville, FL 32607
Scheduled meeting of the Elder Options Board of Directors.
The Board will take action on matters to be determined by the
members of the Board, which may include matters such as the
Executive Director’s Report.
The Board will also review and discuss applications received
by Elder Options from local service provider organizations to
provide Older American Act services for the period January 1,
2008 through December 31, 2008. Based upon its
deliberations, the Board will take formal action to fund or
withhold funding of each of the respective applications. The
Board will authorize contract awards for those applications that
it has taken formal action to fund.
A copy of the agenda may be obtained by contacting: Sarah
Ellis at (352)378-6649.
contacting: Sarah Ellis at (352)378-6649. If you are hearing or
(Voice).
SOIL AND WATER CONSERVATION DISTRICTS
The Duval Soil and Water Conservation District announces
a public meeting to which all persons are invited.
PLACE: Duval Agricultural Extension Center, 1010 N.
McDuff Avenue, Jacksonville, FL 32254
conduct the business of the District Board.
FLORIDA LEAGUE OF CITIES
The Florida League of Cities announces a public meeting to
p.m.
PLACE: Alexander Suites, 5225 Collins Avenue, Miami
Beach, FL, (305)341-6500
11:00 a.m. The Florida Municipal Pension Trust Fund
1:00 p.m. The Florida Municipal Investment Trust and
FMPTF joint meeting
2:30 p.m. The Florida Municipal Loan Council, Immediately
following FMIvT meeting
A copy of the agenda may be obtained by contacting: Penny
Mitchell at pmitchell@flcities.com.
agency at least 7 days before the workshop/meeting. If you are
1(800)955-8770 (Voice).
For more information, you may contact: Linda Bridges at
lbridges@flcities.com, (850)222-9684.
times will be posted at the above address at least seven days
prior to the meeting. Persons who want to be notified of such
meetings may request to be put on the mailing list for such
notices by writing to Molly Gosline at the council address.
Independent Living Council, 1018 Thomasville Road, Suite
100A, Tallahassee, Florida 32303-6271, (850)488-5624 or Toll
Free 1(877)822-1993.
For more information, you may contact: Toll Free
Teleconference number and conference code can be obtained
by calling (850)488-5624 or Toll Free 1(877)822-1993.
FLORIDA INDEPENDENT LIVING COUNCIL, INC.
The Florida Independent Living Council, Inc. announces a
telephone conference call to which all persons are invited.
Advocacy Committee Meeting
DATE AND TIME: Thursday, January 3, 2008, 1:30 p.m.
(EST)
PLACE: FILC, Inc. Administrative Offices, 1018 Thomasville
Road, Suite 100A, Tallahassee, Florida 32303-6271
Planning Committee Meeting
(EST)
Evaluation Committee Meeting
(EST)
Finance Committee Meeting
(EST)
Executive Committee Meeting
(EST)
conduct the regular business of the council.
COMMITTEE AND TASK FORCE MEETINGS: Please note
that committees and task forces of the Florida Independent
Living Council will meet at various times throughout the year
to carry out the work of the council; the meeting dates and
NOTICE IS HEREBY GIVEN THAT the Department of
Education has issued an order disposing of the petition for
declaratory statement filed by Mark Cavinee on August 22,
2007. The following is a summary of the agency's disposition
of the petition:
The petitioner had requested a declaratory statement on
whether Section 1013.33(15)(a), F.S. conflicts with the Florida
Fire Prevention Code, paragraph 69A-58.0082(1)(a), F.A.C.,
with respect to local government approval for the placement of
portable classroom facilities and whether Section
1013.371(1)(a), F.S., requires a school board to follow local
land development code. The Petition for Declaratory Statement
is denied because the Florida Department of Education does
not have jurisdiction to implement or to interpret the statutes
and rules in question and because the declaratory process does
not allow for the consideration of agency action after the fact.
A copy of the Order Disposing of the Petition for Declaratory
Statement may be obtained by contacting: Lynn Abbott,
Agency Clerk, Department of Education, 325 West Gaines
Street, Room 1514, Tallahassee, Florida 32399-0400,
(850)245-9661.
Section VII
Notices of Petitions and Dispositions
Regarding Declaratory Statements
Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 5811
Financial Services, Division of State Fire Marshal has issued
an order disposing of the petition for declaratory statement
filed by Mark Cavinee, Petitioner, Case #91292-07-FM, and
Schenkelshultz, Joseph S. Toth, AIA, Case #91373-07-FM on
November 14, 2007. The following is a summary of the
agency’s disposition of the petition:
Both Petitions address the same location and the same question
and are consolidated for the purpose of entering a single
Declaratory Statement.
Statement may be obtained by contacting: Lesley Mendelson,
Assistant General Counsel, 200 East Gaines Street,
Tallahassee, FL 32399-0340, or by e-mailing your request to
Lesley.Mendelson@fldfs.com.
Financial Services, Division of State Fire Marshal, has issued
filed by ColorAll Technologies International, Inc., Case
#91600-07-FM on November 20, 2007. The following is a
summary of the agency's disposition of the petition:
The Declaratory Statement concludes that NFPA 1.43.1.2.1.
does not apply to outdoor spray painting operations.
A copy of the Final Order may be obtained by contacting:
Lesley Mendelson, Assistant General Counsel, 200 East
Gaines Street, Tallahassee, FL 32399-0340, or by e-mailing
your request to Lesley.Mendelson@fldfs.com.
Financial Services, Division of State Fire Marshal, has issued
filed by Department of Financial Services, Division of State
Fire Marshal, on November 20, 2007. The following is a
summary of the agency’s disposition of the petition:
The Petition requested a Declaratory Statement regarding the
Florida Fire Prevention Code, Florida Administrative Codes,
Florida Statutes, and the School Board involving Horizon
Middle School in Kissimmee, Florida, over which the
Petitioner is the Authority Having Jurisdiction. The
Declaratory Statement concludes that local amendments to
Rule Chapter 69A-58, Florida Administrative Code, are not
allowed pursuant to Sections 633.022 and 1013.12, Florida
Statutes. If the effect of the Land Development Code ordinance
is to amend the rule, then it is invalid. The Department’s rule
does require consideration of placement of fire hydrant
assemblies and does not conflict with Section 1013.33, Florida
Statutes.
Statement may be obtained by contacting: Lesley Mendelson,
Assistant General Counsel, 200 East Gaines Street,
Tallahassee, FL 32399-0340, or by e-mailing your request to
Lesley.Mendelson@fldfs.com.
Section VIII
Regarding the Validity of Rules
Notice of Petition for Administrative Determination has
been filed with the Division of Administrative Hearings on
the following rules:
NONE
Notice of Disposition of Petition for Administrative
Determination have been filed by the Division of
Administrative Hearings on the following rules:
NONE
Section IX
Regarding Non-rule Policy Challenges
NONE
Section X
Announcements and Objection Reports of
the Joint Administrative Procedures
Committee
The Joint Administrative Procedures Committee will be
meeting:
DATE AND TIME: Monday, December 10, 2007, 3:00 p.m. –
5:00 p.m.
PLACE: Room 24, House Office Building, Tallahassee, FL
COMMITTEE MEETING AGENDA
CALL TO ORDER AND ROLL CALL
TAB 1
Status Report
5812 Section VIII - Notices of Petitions and Dispositions Regarding the Validity of Rules
TAB 2
03-12-07
04-12-07
05-23-07
06-22-07
08-17-07
10-31-07
REPORT ON PREVIOUS OBJECTIONS:
DEPARTMENT OF CHILDREN AND
FAMILY SERVICES
65C-20.009(3)(a)1.a.
&
b.,
Staffing
Requirements.
65C-20.013(5)(b)1.c. II, III, IV, Large Family
Child Care Homes.
65C-22.003(7)(d)3., 4., 5., Training.
Objections Voted.
Letter Received from the Secretary – Seeking
Legislation,
if Not Enacted, They will Amend to Modify.
Letter Received from the Secretary – As
Statutory Authority was Not Obtained During
the 2007 Legislative Session, Amendments
will be Noticed.
FAW Notices of Rule Development.
FAW Notices of Proposed Rulemaking.
Letter Received from the Agency Requesting
the 90 days be Tolled to Accommodate
Review by the Committee.
STATE BOARD OF EDUCATION
6A-6.040, Voluntary Prekindergarten (VPK)
Director Endorsement for
Private Providers.
10-01-07
10-29-07
11-02-07
Objection Voted.
Letter Received from the Agency with Notice
of Rule Development attached – Will Amend.
FAW Notice of Rule Development.
10-01-07
11-02-07
TAB 3
64E-2.001, Definitions.
Objection Voted.
Letter Received from the
Agency – Will Amend
Report on the State Board of Education’s
English for Speakers of Other Languages
(ESOL) and ESOL-related rules and
unadopted policies
Section XI
Notices Regarding Bids, Proposals and
Purchasing
Civil Engineering for Minor Projects
Florida Atlantic University
PROJECT DESCRIPTION
The civil engineer will be a single point of responsibility for
performance of multiple civil engineering projects up to
$1,000,000 individually, functioning as an independent
engineer, publicly bidding trade contracts. One Civil
Engineering contract will be awarded, for an initial period of
two years with an option to renew for one additional year.
SELECTION CRITERIA
Firms will be evaluated in the following areas: experience and
ability; record-keeping, project administration ability,
scheduling; cost estimating; cost control; quality control; and
qualification of the firm’s personnel.
Experience and ability scores will be based on the following
criteria:
1. Experience in projects of similar size and scope.
2. Experience in working with Universities.
3. Ability to manage the projects efficiently.
SELECTION COMMITTEE
Tom Donaudy, University Architect & Vice President for
Facilities, Florida Atlantic University
Raymond Nelson, Facilities Planning Director, Florida Atlantic
University
Robert Richman, University Planner, Florida Atlantic
University
Jim Baker, Engineering & Utilities Director, Florida Atlantic
University
SELECTION SCHEDULE:
The anticipated schedule for selection, award, and negotiation
is as follows:
Submittals Due:
January 7, 2008
Shortlist Meeting:
January 21, 2008
Final Interviews:
To Be Determined
GENERAL INFORMATION
1. All applicants will be notified of the results of the
shortlisting in writing. Finalists will be informed of the
interview date and time and will be provided with
additional project information, if available.
REPORTS AND APPEARANCES
Section XI - Notices Regarding Bids, Proposals and Purchasing 5813
2.
The Selection Committee will make a recommendation to
the President of the University. All finalists will be
notified in writing of the President's action. Upon approval
by the President, negotiations will be conducted in
accordance with Section 287.055, Florida Statutes.
BT-651 – Innovation Village Apartments Phase I
Boca Raton Campus
NOTICE TO PROFESSIONAL CONSULTANTS
Florida Atlantic University, on behalf of its Board of Trustees,
announces that Professional Services in the discipline of
Architecture, will be required for the project listed below:
Project No. BT- 651
Project and Location: Located on Florida Atlantic University’s
Boca Raton Campus, the Innovation Village Apartments will
consist of apartment style units for 600 students with each unit
providing a private single bedroom for each student, arranged
in a four bedroom suite with a living room, dining area and
kitchen, and at least two separate bathrooms. In addition,
several RA suites shall be incorporated into the complex. The
entire project shall be entirely handicap accessible. The total
construction budget is approximately $42,300,000.00. The
selected firm will provide schematic design, design development,
construction documents and construction administration for the
referenced project. Blanket professional liability insurance will
be required for this project in the amount of $1,000,000.00, and
will be provided as a part of Basic Services.
INSTRUCTIONS:
Firms desiring to apply for consideration shall submit a letter
of application.
The letter of application should have attached:
A completed “Florida Atlantic University Professional
Qualifications Supplement” (FAUPQS Revised January 2004).
Applications on any other form may not be considered.
A copy of the applicant’s current Professional Registration
Certificate from the appropriate governing board. An applicant
must be properly registered at the time of application to
practice its profession in the State of Florida. If the applicant is
a corporation, it must be chartered by the Florida Department
of State to operate in Florida.
Submit 5 (five) sets of the above requested data bound in the
order listed above. Applications which do not comply with the
above instructions may be disqualified. Application materials
will not be returned. The plans and specifications for the State
of Florida University projects are subject to reuse in
accordance with the provisions of Section 287.055, Florida
Statutes. As required by Section 287.133, Florida Statutes, a
consultant may not submit a proposal for this project if it is on
the convicted vendor list for a public entity crime committed
within the past 36 months. The selected consultant must
warrant that it will neither utilize the services of, nor contract
with, any supplier, subcontractor, or consultant in excess of
$10,000.00 in connection with this project for a period of 36
months from the date of their being placed on the convicted
vendor list. FAU Professional Qualifications Supplement, the
Project Fact Sheet, and the approved Facilities Program are
available online at http://wise.fau.edu/facilities/uavp/AE-CM
-advertise-home.php or by contacting: Carla C. Capeletti,
Office of the University Architect and Vice President for
Facilities, Florida Atlantic University, 777 Glades Road,
Campus Operations Building #69, Room 101, Boca Raton,
Florida 33431, Telephone (561)297-2663, (561)297-0224 Fax,
or e-mail ccapelet@fau.edu.
Five (5) bound sets of the required proposal data shall be
submitted to: Mr. Tom Donaudy, University Architect and Vice
President for Facilities, at the above address, by 5:00 p.m.
(Local Time), on January 18, 2008. Facsimile (FAX)
submittals are not acceptable and will not be considered.
Innovation Village Apartments Phase I – BT-651
Florida Atlantic University – Boca Raton Campus
PROJECT DESCRIPTION
The project consists of site development and construction of
apartment style units for 600 students with each unit providing
a private single bedroom for each student, arranged in a four
bedroom suite with a living room, dining area and kitchen, and
at least two separate bathrooms. In addition, several RA suites
shall be incorporated into the complex. The complex shall be
entirely handicap accessible.
This facility will be constructed using the Construction
Management delivery process.
The Construction budget is approximately $42,300,000.00.
SELECTION CRITERIA
Firms will be evaluated in the following areas: current
workload, location, past performance, volume of state work,
design ability, and experience and ability. Experience and
ability scores will be based on the following criteria:
Experience of firm and individual members of the design team
with project of similar size and program.
Experience of firm and individual members of the design team
in planning, designing, estimating, and construction
administration of projects similar in size and budget. Site
examples of projects within the past five-year, including the
ability to meet aggressive time and budget constraints.
Experience in campus planning, educational facilities and
working with committees.
SELECTION COMMITTEE
Facilities
Raymond Nelson, Director, Facilities Planning
Jim Baker, Director, Engineering & Utilities
Jill Eckardt, Director, University Housing
SELECTION SCHEDULE:
is as follows:
Submittal Due:
January 18, 2008
5814 Section XI - Notices Regarding Bids, Proposals and Purchasing
Shortlist Meeting:
February 14, 2008
Final Interviews:
TBD
Contract Negotiation:
TBD
GENERAL INFORMATION
1. All applicants will be notified of the results of the
shortlisting in writing. Finalists will be informed of the
interview date and time and will be provided with additional
project information, if available.
2. The Selection Committee will make a recommendation to
3. Professional liability insurance is required for this project
in the amount of $1,000,000.00.
4. A copy of the building program is available on our website
at
http://wise.fau.edu/facilities/uavp/AE-CM-advertisehome.php.
NOTICE TO CONSTRUCTION MANAGERS
Florida Atlantic University, on behalf of its Board of Trustees,
announces that Construction Management services will be
required for the project listed below:
Project No.: BT#651 Innovation Village Apartments Phase I
located at Florida Atlantic University’s Boca Raton Campus.
shall be incorporated into the complex. The entire project shall
be entirely handicap accessible.
The estimated construction cost is $42,300,000.00.
The contract for Construction Management services will
consist of two phases. Phase one is pre-construction services,
for which the Construction Manager will be paid a fixed fee.
Phase one services include value engineering, constructability
analyses, development of a cost model, estimating, and the
development of a Guaranteed Maximum Price (GMP) at 100%
Construction Document phase. If the GMP is accepted, Phase
two, the construction phase, will be implemented. In phase two
of the contract, the Construction Manager becomes the single
point of responsibility for performance of the construction of
the project and shall publicly bid trade contracts. Failure to
negotiate an acceptable fixed fee for phase one of the contract,
or to arrive at an acceptable GMP within the time provided in
the agreement, may result in the termination of the
Construction Manager's contract.
Selection of finalists for interviews will be made on the basis
of Construction Manager qualifications, including experience
and ability; past experience; bonding capacity; record-keeping,
administrative ability, critical path scheduling expertise; cost
estimating; cost control ability; quality control capability;
qualification of the firm's personnel, and staff and consultants.
Finalists may request a copy of the building program and the
latest
documentation
prepared
by
the
project
Architect/Engineer, and a copy of the standard Florida Atlantic
University Construction Management Agreement. The
Selection Committee may reject all proposals and stop the
selection process at any time. The Construction Manager shall
have no ownership, entrepreneurial or financial affiliation with
the selected architect/engineer involved with this project.
Firms desiring to provide Construction Management services
for the project shall submit a letter of application and a
completed “Florida Atlantic University Construction Manager
Qualification Supplement” (FAUCMPQS Revised January
2004). Proposals must not exceed 40 pages, including the
Construction Manager Qualifications Supplement and letter of
application. Pages must be numbered consecutively.
Submittals that do not comply with these requirements or do
not include the requested data will not be considered. No
submittal material will be returned.
All applicants must be licensed to practice as general
contractors in the State of Florida at the time of application.
Corporations must be registered to operate in the State of
Florida by the Department of State, Division of Corporations,
at the time of application. As required by Section 287.133,
Florida Statutes, a Construction Management firm may not
submit a proposal for this project if it is on the convicted
vendor list for a public entity crime committed within the past
36 months. The selected Construction Management firm must
vendor list.
The FAUCMQS form and the Project Fact Sheet may be
obtained on our website at:http://uavp.fau.edu, or by
contacting: Carla Capeletti, Office of the University Architect
& Vice President for Facilities, Florida Atlantic University,
777 Glades Road, Campus Operations Bldg. #69, Room 101,
Boca Raton, Florida 33431, Telephone (561)297-2663, Fax
(561)297-0224.
Five (5) bound sets of the required proposal data shall be
submitted and addressed to: Mr. Tom Donaudy, University
Architect & Vice President for Facilities, at the above address
by 5:00 p.m. on January 25, 2008. Facsimile (FAX) submittals
are not acceptable and will not be considered.
Innovation Village Apartments Phase I – BT-651
Florida Atlantic University – Boca Raton Campus
PROJECT DESCRIPTION
shall be incorporated into the complex. The complex shall be
entirely handicap accessible.
This facility will be constructed using the construction
management delivery process.
The Construction budget is approximately $42,300,000.00.
SELECTION CRITERIA
Firms will be evaluated in the following areas: Experience and
ability, past experience; bonding capacity; record-keeping;
administrative ability; critical path scheduling expertise; cost
estimating; cost control ability; quality contract capability’;
qualification of the firm’s personnel, staff and consultants; and
the ability to phase a project such that key existing computer
functions are kept operational throughout the project.
Experience and ability scores will be based on the following
criteria:
1. Experience in projects of similar size and scope.
2. Experience in working with Universities.
SELECTION COMMITTEE
Facilities
Raymond Nelson, Director, Facilities Planning
Jim Baker, Director, Engineering & Utilities
Jill Eckardt, Director, University Housing
SELECTION SCHEDULE:
is as follows:
Submittal Due:
January 25, 2008
Shortlist Meeting:
February 21, 2008
Final Interviews:
TBD
Contract Negotiation:
TBD
GENERAL INFORMATION
1. All applicants will be notified of the results of the short list
in writing. Finalists will be informed of the interview date
and time and will be provided with additional project
information, if available.
2. The Selection Committee will make a recommendation to
3. A copy of the building program is available on our
website at http://wise.fau.edu/facilities/uavp/AE-CMadvertise-home.php.
Notice of Bid/Request for Proposal
The University of Central Florida on behalf of its Board of
Trustees announces that Professional Services in the discipline
of design/build will be required for the project listed below:
Project and Location: University of Central Florida, Main
Campus, Orlando, Florida 32816-3020.
The project consists of the design and construction of minor
projects for the university.
Minor projects are defined as projects with a value of up to
$1,000,000.00.
FORM OF PROPOSALS
It is the University’s intention to have professionals in the
disciplines of design/build for this project.
The selected design/build firm will provide design,
construction documents, and administration for the referenced
project. Blanket professional liability insurance for the
design/builder will be required for this project in the amount of
$250,000 and will be provided as a part of Basic Services.
Five (5) bound copies of the required proposal data shall be
submitted to: Ms. Gina Seabrook, Facilities Planning, 4000
Central Florida Blvd., Post Office Box 163020, Orlando, FL
32816-3020. Submittals must be received by 5:00 p.m. (Local
Time), on Thursday, January 8, 2008. Facsimile (FAX)
submittals are not acceptable and will not be considered. Late
submissions will not be accepted.
The committee members have elected not to meet with
proposed firms.
INSTRUCTIONS FOR DESIGN/BUILDERS
Design/Build firms desiring to apply for consideration must
include a letter of application and should have attached:
1. The most recent version of the Florida Board of Education
“Professional Qualifications Supplement” (PQS) dated
7/03, completed by the applicant. Do not alter the PQS
form.
2. A copy of the firms current Professional Registration
Certificates from the appropriate governing board. An
applicant must be properly registered at the time of
application to practice its profession in the State of
Florida. If the applicant is a corporation, it must be
chartered by the Florida Department of State to operate in
Florida.
3. The most recent version of the Florida Board of Education
“Revised
Construction
Manager
Qualifications
Supplement” (CMQS) dated 02/02. Do not alter the
CMQS form.
Applications that do not comply with all instructions may be
disqualified. Application materials will not be returned.
Selection of finalists for interviews will be made on the basis
of design/builder’s qualifications separately, including
experience and ability; past experience; bonding capacity; cost
estimating; qualification of the firm’s personnel, staff and
consultants; and ability to include minority business enterprise
participation. Finalists will be provided with a description of
the final interview topics. The Selection Committee may reject
all proposals and stop the selection process at any time.
The plans and specifications for Florida Board of Education
projects are subject to reuse in accordance with the provisions
of Section 287.055, Florida Statutes. As required by Section
287.133, Florida Statutes, a consultant may not submit a
proposal for this project if it is on the convicted vendor list for
a public entity crime committed within the past 36 months. The
selected consultant must warrant that it will neither utilize the
services of, nor contract with, any supplier, subcontractor, or
consultant in excess of $15,000.00 in connection with this
project for a period of 36 months from the date of placement on
the convicted vendor list.
Carefully review the Design/Build Contract and General
Condition’s documents. Submitting a proposal for this project
constitutes complete agreement with and acceptance of the
terms and conditions contained within these documents. These
documents can be found on our website at www.fp.ucf.edu
with the advertisement.
INSTRUCTIONS FOR DESIGN/BUILDERS
All applicants must be licensed to practice as general
contractors in the State of Florida at the time of application.
Corporations must be registered to operate in the State of
Florida by the Department of State, Division of Corporations,
at the time of application. As required by Section 287.133,
Florida Statutes, a construction management firm may not
submit a proposal for this project if it is on the convicted
vendor list for a public entity crime committed within the past
36 months. The selected construction management firm must
vendor list.
DESIGN/BUILD CONTRACT
The contract for design/build services will consist of two
phases. Phase one will consist of the development of
construction documents and the development of a Guaranteed
Maximum Price (GMP) at 50% construction documents. If the
GMP is accepted, phase two, the construction phase, will be
implemented. In phase two of the contract, the design/builder
becomes the single point of responsibility for performance of
the construction of the project and shall publicly bid trade
contracts. Failure to negotiate an acceptable GMP within the
time provided in the agreement may result in the termination of
the design/builder’s contract.
PROJECT FACT SHEET
Project Fact Sheet contains the selection criteria which is the
primary basis for determining the shortlist. The Project Fact
Sheet, Professional Qualifications Supplement forms,
Construction Manager Qualifications Supplement forms,
descriptive project information, and selection criteria may be
obtained by contacting: Ms. Gina Seabrook, University of
Central Florida, Phone (407)823-2166, Fax (407)823-5141,
Email: gseabroo@mail.ucf.edu, Web site: www.fp.ucf.edu.
Request for Qualifications (RFQ)
FOR
Annual Contract for Construction Management Services
The Office of Facilities Design and Construction announces
that Construction Management services are required for
Annual Contracts for Construction Management Services for
Duval County Public Schools. The firm(s) selected under an
annual contract will be responsible for assigned projects
having estimated construction costs not exceeding the
threshold amount of $1,000,000 (construction), provided for in
§ 287.055, Florida Statutes. This will be a multiple year
contract to one or more firms for an initial period of one year
with an option to renew for two additional one-year periods.
Applications are to be sent to:
James L. Womack
Facilities Design and Construction
1701 Prudential Drive – 5th Floor
Jacksonville, FL 32207-8182
PROJECT MANAGER: James L. Womack
PHONE NO.:
(904)390-2279
RESPONSE DUE DATE: RFQ’S ARE DUE ON OR
BEFORE JANUARY 8, 2008 AND WILL BE ACCEPTED
UNTIL 4:30 p.m.
MBE GOALS: If multiple contracts are awarded, one out of
every four of them should be sheltered. The remaining should
have an overall participation goals of 10%; based on the
availability of MBEs for this project.
Information on the selection process can be found at
www.dreamsbeginhere.org go to about dcps, then dcps
departments, then Facilities Design and Construction then
Selection Booklets.
STATE BOARD OF ADMINISTRATION
The Florida Prepaid College Board is accepting proposals in
response to an Invitation to Negotiate, ITN #07-01, to obtain
proposals from qualified agencies to provide Advertising,
Marketing & Public Relation Services for the Florida Prepaid
College Plan and the Florida College Investment Plan.
Copies of the Invitation to Negotiate, ITN #07-01, are
available on or after December 7, 2007, by submitting a written
request to Thomas J. Wallace, Executive Director, Florida
Prepaid College Board, 1801 Hermitage Blvd., Suite 210,
Tallahassee, Florida 32308, Facsimile (850)488-3555. All
information received in regard to this ITN must be sent to the
above named address.
There is no bidder’s conference. Only written inquiries
concerning the ITN will be accepted. No written inquiries will
be accepted after 12 Noon, Eastern Time, December 17, 2007.
The original unbound copy and five (5) copies of each
response to the ITN must be received by 12 Noon, Eastern
Time, January 25, 2008, at the Florida Prepaid College Board,
1801 Hermitage Blvd., Suite 210, Tallahassee, Florida 32308.
Proposals must be submitted in full accordance with the
requirements and mandatory criteria of the ITN.
The Board reserves the right to reject any and all proposals or
accept minor irregularities in the best interest of the State.
Certified Minority Business Enterprises are encouraged to
participate.
SPECIAL ACCOMMODATION: Any person requiring
special accommodations at the bid opening because of a
disability should fax a written request for same to: Thomas J.
Wallace, Executive Director, Florida Prepaid College Board, at
(850)488-3555, no later than five (5) days prior to the bid
opening.
ADVERTISEMENT FOR BIDS
PROPOSALS ARE REQUESTED FROM GENERAL
CONTRACTORS BY THE STATE OF FLORIDA,
DEPARTMENT
OF
CORRECTIONS,
FOR
THE
CONSTRUCTION OF:
PROJECT NO:EK-04-WW
PROJECT NAME AND LOCATION: Lowell Correctional
Institution Wastewater Collection System Improvements
FOR: Construction of new gravity collection system and
abandonment of two (2) existing lift stations.
PERFORMANCE BOND AND LABOR AND MATERIAL
PAYMENT BOND: If the construction contract award amount is
$100,000.00 or less, a Performance Bond and a Labor And
Material Payment Bond are not required.
PUBLIC ENTITY CRIME INFORMATION STATEMENT: A
person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for Category Two for a
period of 36 months from the date of being placed on the
convicted vendor list.
PREQUALIFICATION: Each bidder whose field is governed
by Chapters 399, 489, and 633 of the Florida Statutes for
licensure or certification must submit prequalification data of
their eligibility to submit proposals five (5) calendar days prior
to the bid opening date if not previously qualified by the
Department for the current biennium (July 1 through June 30)
of odd numbered years. Please call Ms. Sandra Rogers at
(850)922-8855 for Prequalification Requirements. You must
be prequalified five (5) days prior to bid opening. After the bid
opening the low bidder must qualify in accordance with Rule
60D-5.004, F.A.C. A copy of the rule requirements is included
in the Instruction To Bidders under Article B-2 “Bidder
Qualification Requirements and Procedures”.
Sealed bids will be received, publicly opened and read aloud
on:
DATE AND TIME: January 9, 2008, 3:00 p.m. (EST Local
Time)
Any person with a qualified disability requiring special
accommodations at the pre-bid conference, and/or bid/proposal
opening, shall contact the person listed below at least (5)
working days prior to the event. If you are hearing or speech
impaired, please contact this office by using Florida Relay
Services by dialing 1(800)955-8771 (TDD).
PROPOSAL: Bids must be submitted in full in accordance
with the requirements of the Drawings, Specifications, Bidding
Conditions and Contractual Conditions, which may be
examined and obtained from the:
ARCHITECT-ENGINEER: Hartman & Associates, Inc., 4415
Metro Parkway, Suite 320, Fort Myers, Florida 33916
TELEPHONE: (239)277-5155
Drawings and specifications may be purchased for $75.00 per
set from the Architect/Engineer.
PRE-BID CONFERENCE: There will be no pre-bid conference
for this project. However, Contractors are encouraged to visit the
site on December 19, 2007, 1:00 p.m., to inspect the site and
familiarize themselves with the project conditions. Contractors
shall contact Mr. Wayne Shifflett, Maintenance Supervisor at
(352)401-5335, no later than December 14, 2007, to obtain
clearance to visit the site, which is located at the Lowell
Correctional Institution, 11120 N. W. Gainesville Road, Ocala,
Florida 34482-1479.
CONTRACT AWARD: Bid Tabulation and Notice of Award
Recommendation will be sent to all bidders by Facsimile
(FAX), Return Receipt Required. If no protest is filed per
Article B-20 of the Instructions to Bidders, “Bid Protests,
Points of Entry”, the contract will be awarded by the Secretary,
Department of Corrections. Right is reserved to reject any or
all bids.
ADVERTISEMENT FOR BIDS
PROPOSALS ARE REQUESTED FROM GENERAL
CONTRACTORS BY THE STATE OF FLORIDA,
DEPARTMENT
OF
CORRECTIONS,
FOR
THE
CONSTRUCTION OF:
PROJECT NO: EK-11 (WTI)
PROJECT NAME AND LOCATION: Marion Correctional
Institution Water Treatment Plant Modifications
FOR: Construction of yard piping modifications and the
change from gas chlorine to liquid chlorine
PERFORMANCE BOND AND LABOR AND MATERIAL
PAYMENT BOND: If the construction contract award amount is
$100,000.00 or less, a Performance Bond and a Labor And
Material Payment Bond are not required.
PUBLIC ENTITY CRIME INFORMATION STATEMENT: A
person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for Category Two for a
period of 36 months from the date of being placed on the
convicted vendor list.
PREQUALIFICATION: Each bidder whose field is governed
by Chapters 399, 489, and 633 of the Florida Statutes for
licensure or certification must submit prequalification data of
their eligibility to submit proposals five (5) calendar days prior
to the bid opening date if not previously qualified by the
Department for the current biennium (July 1 through June 30)
of odd numbered years. Please call Ms. Sandra Rogers at
(850)922-8855 for Prequalification Requirements. You must
be prequalified five (5) days prior to bid opening. After the bid
opening the low bidder must qualify in accordance with Rule
60D-5.004, F.A.C. A copy of the rule requirements is included
in the Instruction To Bidders under Article B-2 “Bidder
Qualification Requirements and Procedures”.
Sealed bids will be received, publicly opened and read aloud
on:
DATE AND TIME: January 9, 2008, 2:00 p.m. (EST Local
Time)
Any person with a qualified disability requiring special
accommodations at the pre-bid conference, and/or bid/proposal
opening, shall contact the person listed below at least (5)
working days prior to the event. If you are hearing or speech
impaired, please contact this office by using Florida Relay
Services by dialing 1(800)955-8771 (TDD).
PLACE: Hartman & Associates, Inc., 4415 Metro Parkway,
Suite 320, Fort Myers, FL 33916
PROPOSAL: Bids must be submitted in full in accordance
with the requirements of the Drawings, Specifications, Bidding
Conditions and Contractual Conditions, which may be
examined and obtained from the:
ARCHITECT-ENGINEER: Hartman & Associates, Inc., 4415
Metro Parkway, Suite 320, Fort Myers, FL 33916
TELEPHONE: (239)277-5155
Drawings and specifications may be purchased for $75.00 per
set from the Architect/Engineer.
PRE-BID CONFERENCE: There will be no pre-bid conference
for this project. However, Contractors are encouraged to visit the
site on December 19, 2007, 10:00 a.m., to inspect the site and
familiarize themselves with the project conditions. Contractors
shall contact Mr. Mike Hensley, Maintenance Supervisor at
(352)401-6459, no later than December 14, 2007, to obtain
clearance to visit the site, which is located at the Marion
Correctional Institution, 3269 N. W. 105th Street, Lowell, Florida
32663-0158.
CONTRACT AWARD: Bid Tabulation and Notice of Award
Recommendation will be sent to all bidders by Facsimile
(FAX), Return Receipt Required. If no protest is filed per
Article B-20 of the Instructions to Bidders, “Bid Protests,
Points of Entry”, the contract will be awarded by the Secretary,
Department of Corrections. Right is reserved to reject any or
all bids.
NOTICE TO PROFESSIONAL CONSULTANTS FOR
PROFESSIONAL ARCHITECTURAL/ENGINEERING
SERVICES
The State of Florida, Department of Corrections, Bureau of
Procurement and Supply, announces that Professional Services
are required from Architectural/Engineering firms for the
project listed below. Applications from qualified firms are to
be sent to the attention of Julyn Hussey, Bureau of
Procurement and Supply, Department of Corrections, 2601
Blair Stone Road, Tallahassee, Florida 32399-2500,
(850)410-4049. The selected firm may be required to perform
its services on an accelerated schedule.
INSTRUCTIONS
Any firm desiring to provide professional services for this
project shall apply for consideration with a letter of
application, indicating within the body of the letter, your firm’s
specific abilities respective to the particular project’s
requirements, office location(s) from which the firm will be
doing the work and attach current copies of the following:
1. A copy of the Department of Corrections’ current
“Professional Qualifications Supplement” (PQS) (dated
September 2004) with current data. The PQS is posted as a
related document for printing on the Vendor Bid System
under this solicitation at the following website address:
http://vbs.dms.state.fl.us/vbs/search.criteria_form.
2.
A reproduction of the firm’s current Florida State Board
License with the appropriate board governing the
discipline offered. If the firm is a corporation, it must be
properly chartered with the Department of State to operate
in Florida. Include a copy of the charter and current
certification that all fees and filings are current.
3. Attach a current copy of the SF330 for the office(s) that
will be performing the work. This form may be found at
the following website address: http://www.gsa.gov.
4. Evidence of professional liability insurance in the amount
of at least $1,000,000.
5. Describe scope of work to be assigned to any
sub-consultant and include a SF330 for each
sub-consultant.
6. Names, specific qualifications and professional
memberships of person(s) to be assigned to this project
and their respective roles (do not include resumes).
7. Names, addresses and phone numbers of at least five (5)
other agencies for whom similar services have been
performed within the last five (5) years and the date,
project name, brief project description, firm’s project
manager and specific services provided in each case.
8. If desired by the firm, additional examples of similar
projects completed by persons to be assigned to this
project, references (none from current or former
Department of Corrections personnel) and any other
supporting information.
Submit one original letter of interest and five (5) copies of the
required data. The required data shall be submitted in the order
listed above. Faxed copies will not be accepted. Applications
that do not comply with the instructions set forth above may be
considered improper and be disqualified. The plans and
specifications developed by the firm awarded this project are
subject to reuse in accordance with the requirements of Section
287.055, Florida Statutes, (“Consultants’ Competitive
Negotiation Act”).
The awarded firm shall not knowingly engage in this project,
on a full time, part time or other basis during the period of this
Contract, any current or former employee of the Department
where such employment conflicts with Section 112.3185,
Florida Statutes.
Respondents will be ranked by a Competitive Selection
Committee based on the information received in response to
this Request For Qualifications (RFQ). Interviews of all ranked
respondents may or may not be required, at the direction of the
Committee. If interviews are required they will be held during
the week beginning February 11, 2008, ending February 15,
2008. Under the authority delegated to the Secretary of the
Department of Corrections by Section 287.055, F.S., sitting as
the head of the Department of Corrections, Professional
Services Contracts will be awarded to one firm following the
recommendations of the Competitive Selection Committee and
in accord with the statutory negotiation procedures. All firms
responding to this RFQ will be notified by a single posting,
after approval by the Secretary, through the following website
address: http://vbs.dms.state.fl.us/vbs/search.criteria_form. It
is the firm’s responsibility to check the website for updated
information.
Response Date: January 14, 2008, by 4:00 p.m. Eastern
Standard Time (EST) Late submittals will not be opened or
considered.
PROJECT: Provide Professional Architectural/Engineering
Services to adapt prototypical work camp plans at Everglades
Correctional Institution. Scope of work includes Design,
Environmental Permitting, Bidding Services and Construction
Administration of the associated Sitework and Utilities and
expansion of the existing utilities as required to service the
work camp. Work includes architectural/engineering support,
to assist the Department in adapting prototype building designs
to site conditions and includes providing contract
administration services. Partial funding is available for the
initial site design. Additional funding, contingent upon annual
appropriations by the Legislature, will be required to complete
the design, permitting and construction.
EXPERIENCE: Candidate firms need to provide information
regarding their experience and expertise in design of site work
and utilities for correctional institutions and all associated
environmental permitting.
PROJECT LOCATION: Everglades Correctional Institution,
Miami, Florida is the project site for purposes of the selection
process.
PROJECT NUMBER: FL-50(ST)
ESTIMATED CONSTRUCTION COST: $11,400,000
PROJECT
ADMINISTRATOR:
Chuck
Bozeman,
Construction Projects Administrator, (850)410-4174
NOTICE OF INVITATION TO BID
BID NO. BDC 45-07/08
The Department of Environmental Protection, Division of
Recreation and Parks, Bureau of Design and Construction is
soliciting formal competitive bids for the project listed below:
PROJECT NAME: Jonathan Dickinson State Park –
Concession Tour Boat Launch
SCOPE OF WORK: The contractor shall provide the necessary
labor, supervision, equipment and materials required to
successfully complete the construction of a 6 foot wide by
approximately 350 foot long accessible walkway, a portion of
which is over water and supported by concrete pilings. The
walkway is comprised of concrete sidewalk with a section of
elevated wood and composite material boardwalk with
handrails. The work also includes construction of a 6 foot wide
by approximately 250 foot long boardwalk with two 6 foot by
10 foot observation platforms, and two 6 foot by 30 foot finger
piers, constructed of wood and composite material, all of
which is over water and supported by concrete pilings. The
work also includes relocating several existing floating
canoe/kayak mooring docks, and the demolition and
rehabilitation of approximately 1000 square feet of existing
wooden decking and stairs including associated handrails.
PARK LOCATION: Jonathan Dickinson State Park, 16450
S. E. Federal Highway, Hobe Sound, Florida 33455
PROJECT MANAGER: Randy Strange, Bureau of Design and
Construction, Alfred B. Maclay Gardens State Park, 3540
Thomasville
Road,
Tallahassee,
Florida
32309,
(850)488-5372, Fax: (850)488-1141.
MINORITY BUSINESS REQUIREMENT: The Department
of Environmental Protection supports diversity in its
Procurement Program and requests that all sub-contracting
opportunities afforded by this bid embrace diversity
enthusiastically. The award of sub-contracts should reflect the
full diversity of the citizens of the State of Florida. The
Department will be glad to furnish a list of Minority Owned
Firms that could be offered sub-contracting opportunities.
PREQUALIFICATION: When the total bid price including
alternates exceeds $200,000.00, each bidder whose field is
governed by Chapters 399, 489, and 633 of the Florida Statutes
for licensure or certification must submit prequalification data
of their eligibility prior to the bid closing date.
INSTRUCTIONS: Any firm desiring plans and bid
specifications for this project may obtain a copy by writing the
address or calling the telephone number below. Plans and
specifications will be available on December 7, 2007 at:
Jonathan Dickinson State Park, 16450 S. E. Federal Highway,
Hobe Sound, Florida 33455, Attention: Mark Nelson,
(772)546-2771.
ADA REQUIREMENTS: Any person with a qualified
disability shall not be denied equal access and effective
communication regarding any bid/proposal documents or the
attendance at any related meeting or bid/proposal opening. If
accommodations are needed because of disability, please
contact Michael Renard with the Bureau of Design and
Construction, (850)488-5372, at least five (5) workdays prior
to openings. If you are hearing or speech impaired, please
contact the Florida Relay Services by calling 1(800)955-8771
(TDD) or 1(800)955-8770 (Voice).
BID SUBMITTAL DUE DATE: No later than 4:30 p.m.,
Tuesday, January 8, 2008, to the below address: Florida
Department of Environmental Protection Bureau of Design and
Construction, 3540 Thomasville Road, Tallahassee, Florida
32309, attention Michael Renard, Construction Projects
Administrator, Bureau of Design and Construction,
(850)488-5372. The Department reserves the right to reject any
or all bids.
BID POSTING DATE: No later than 2:00 p.m., Friday,
January 11, 2008, unless extended by the Department for good
cause.
PROJECT NAME: Indian Key Historic State Park – Dock
Repair
SCOPE OF WORK: The contractor shall provide all labor,
materials, equipment and supervision required to successfully
complete the removal of the remains of an existing storm
damaged wooden dock, construction of a new approximately
2,000 square foot dock in the same footprint as the existing
dock, with prestressed concrete piles and girders and
Strongwell, or Engineer approved equal deck components. The
project also includes the rehabilitation of approximately 6
reinforced concrete observation tower footing at a separate
location in the Park. All access to the Park is by water only.
PARK LOCATION: Indian Key, Atlantic Ocean
PROJECT MANAGER: Randy Strange, Bureau of Design
and Construction, Alfred B. Maclay Gardens State Park, 3540
Thomasville
Road,
Tallahassee,
Florida
32309,
(850)488-5372, Fax: (850)488-1141.
specifications will be available on December 7, 2007 at:
Windley Key Fossil Reef Geological State Park, P. O. Box
33598, Islamorada, Florida 33036
Attention: Melba Nezbed, (305)664-2540.
Construction, (850)488-5372, at least five (5) workdays prior
(TDD) or 1(800)955-8770 (Voice).
Department of Environmental Protection Bureau of Design and
Construction, 3540 Thomasville Road, Tallahassee, Florida
32309, attention Michael Renard, Construction Projects
Administrator, Bureau of Design and Construction,
or all bids.
cause.
PROJECT NAME: Lake Jackson Mounds Archeological State
Park – Artifact Storage Facility
SCOPE OF WORK: The contractor shall provide the necessary
labor, supervision, equipment and materials required to
successfully construct a new Artifact Storage Facility
including all related infrastructure according to the plans and
specifications.
PARK LOCATION: Lake Jackson Mounds Archeological
State Park, off US 27, 2 miles north of I-10, c/o St. Marks
Administration 1022 Desoto Park Drive, Tallahassee, Florida.
PROJECT MANAGER: Mitch Fenton, Bureau of Design and
Construction, Alfred B. Maclay Gardens State Park, 3540
Thomasville
Road,
Tallahassee,
Florida
32309,
(850)488-5372, Fax: (850)488-3537.
specifications will be available on December 7, 2007 at: Lake
Jackson Mounds Archeological State Park, c/o St. Marks
Administration 1022 Desoto Park Drive, Tallahassee, Florida
32301.
Construction at (850)488-5372 at least five (5) workdays prior
(TDD) or 1(800)955-8770 (Voice).
Department of Environmental Protection, Bureau of Design
and Construction, 3540 Thomasville Road, Tallahassee,
Florida 32309, attention Michael Renard, Construction
Projects Administrator, Bureau of Design and Construction,
or all bids.
cause.
The Florida Housing Finance Corporation invites all qualified
entities wishing to provide auditing services for and on behalf
of Florida Housing Finance Corporation to submit proposals
for consideration. Proposals shall be accepted until 2:00 p.m.
(Eastern Time), Friday, January 18, 2008, to the attention of:
Robin L. Grantham, Contracts Administrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000,
Tallahassee, Florida 32301-1329. For questions or additional
information, please contact Robin Grantham at (850)488-4197
or robin.grantham@floridahousing.org.
To obtain a copy of the Request for Proposals, which outlines
selection criteria and offeror’s responsibilities, please submit
your request to the attention of Robin L. Grantham, or you can
download the Request for Proposals from the Florida Housing
Finance Corporation website at http://www.floridahousing.org
/Home/BusinessLegal/Solicitations/RequestForProposals.htm.
Any modifications that occur to the Request for Proposals will
be posted at the web site and may result in an extension of the
deadline.
GAINESVILLE-ALACHUA COUNTY REGIONAL
AIRPORT AUTHORITY
The Gainesville-Alachua County Regional Airport Authority
(GACRAA) is soliciting Statements of Qualifications (SOQ’s)
for the purpose of obtaining airport engineering services
Consultants for the Gainesville Regional Airport. Services to
be performed by the Consultants may include, but are not
limited to: Land Use Studies, Planning and Land Development,
Obstruction Surveys, Land Acquisition; Stormwater and
Environmental Studies, Permitting and Agency Coordination,
Wetland Mitigation. Drainage Studies and Improvement Plans;
Vertical Facility Design, such as Architectural, Mechanical,
Electrical, Structural and Landscaping Design of
Airport-related and Ancillary Facilities, including Terminal,
Maintenance, Corporate Hangar, Rental Car Quick Turn
Around, Fueling, Multi-Modal and Parking Facilities;
Horizontal Infrastructure Design, such as General Civil,
Rehabilitation and Extension of Runways, Taxiways and
Aircraft Parking Apron Facilities; Lighting/Electrical Design
and Airport Owned Navigation Aids; Construction
Management, Administration and Coordination; Construction
Observation and Inspection Services; Construction Cost
Estimates and Independent Cost Estimates; Quality
Assessment and Quality Assurance Reviews and Facilities
Inspection; Aviation/Airport Geographic Information System
(GIS) Services; Environmental planning, preparation, and
permitting, and other environmental analysis, as needed, to
support future development; Fencing and Security Upgrades;
Wildlife Management; Master Plan Updates; Noise Studies and
Mitigation; and Roadway Development, Planning, Design, and
Construction.
The SOQ documents will be available beginning November
29, 2007 at the Gainesville Regional Airport’s Administration
Office, 3880 N.E. 39th Avenue, Gainesville, FL 32609.
Qualification statements will be reviewed for the purpose of
establishing a list of a minimum of three (3) qualified firms
from which to choose for the aforementioned projects. The
selected Consultants will scope, negotiate and enter into
individual agreements for services with the Airport Authority
on an assignment-by-assignment basis during the term of
Master Agreement(s). The term of the Master Agreement(s)
will be for five (5) years.
Five (5) copies of the SOQ’s must be signed by an authorized
official, enclosed in a sealed envelope or package clearly
marked “Proposal No. 08-001 – General Engineering
Consulting Services” and mailed or delivered to the
Authority’s Administrative Office, Gainesville Regional
Airport, Attn: Allan Penksa, Chief Executive Officer, 3880
N.E. 39th Avenue, Gainesville, FL 32609. SOQ’s received
after 4:30 p.m., December 20, 2007, will not be considered.
The official clock is located in the Authority’s Administrative
Office. Only SOQ’s received by this time and date will be
considered.
GACRAA reserves the right to reject any or all SOQ’s received
in response to this Request for Qualifications as determined to
be in the best interest of the Airport.
For additional information, contact Ms. Lynn Noffsinger at
(352)378-8797, lynn.noffsinger@flygainesville.com.
The Gainesville-Alachua County Regional Airport Authority
(GACRAA) is soliciting Statements of Qualifications (SOQ’s)
for the purpose of obtaining an airport engineering services
consultant for design, engineering, and construction oversight
of a Taxiway B rehabilitation and lighting project at the
Gainesville Regional Airport.
The SOQ documents will be available beginning November
29, 2007 at the Gainesville Regional Airport’s Administration
Office, 3880 N. E. 39th Avenue, Gainesville, FL 32609.
The selected Consultant will scope, negotiate and enter into an
individual agreement for services with the Airport Authority
for completion of the Taxiway B Rehabilitation project.
Five (5) copies of the SOQ’s must be signed by an authorized
official, enclosed in a sealed envelope or package clearly
marked “Proposal No. 08-002 –Engineering Consulting
Services – Taxiway B Rehab and Lighting” and mailed or
delivered to the Authority’s Administrative Office, Gainesville
Regional Airport, Attn: Allan Penksa, Chief Executive Officer,
3880 N.E. 39th Avenue, Gainesville, FL 32609. SOQ’s
received after 4:30 p.m. December 20, 2007 will not be
considered. The official clock is located in the Authority’s
Administrative Office. Only SOQ’s received by this time and
date will be considered.
GACRAA reserves the right to reject any or all SOQ’s received
in response to this Request for Qualifications as determined to
be in the best interest of the Airport.
For additional information, contact Ms. Lynn Noffsinger at
(352)378-8797, lynn.noffsinger@flygainesville.com.
PETER R. BROWN CONSTRUCTION, INC.
Notice of Request for Proposals
USF Tampa Student Residence Facility Phase IV BR-580
Magnolia Hall
Hillsborough County, Tampa, Florida
Peter R. Brown Construction, Inc. (CGC-061419), the
Construction Manager/Design Builder for the USF Tampa
Student Residence Facility Phase IV Magnolia Hall, BR-580
hereby solicits sealed proposals for the referenced project in
accordance with the proposal documents to include but not
The Scope of Work for this project includes but is not limited
to the following:
The project consists of a new 7-story 350,718sf precast
concrete structure for student apartments, support services and
a dining facility. Sitework, Piling, CIP Concrete, Precast
Concrete, Elevator and Fire Sprinkler Work have been
contracted and are not included in this request for proposal.
This phase of the work includes Structural and Misc. Steel,
Lightweight Insulating Concrete, Membrane Roofing, Doors,
Door Frames, Hardware, Windows and other Glazed openings,
Interior Partitions, Stucco, Exterior Painting and
Waterproofing, Loading Dock Equipment, Protective Covers,
Food Service Equipment, Plumbing, HVAC (Chilled Water),
Electrical and Building Systems. The remaining trades will be
procured under a future request for proposal.
A pre-proposal meeting will be held at 10:00 a.m. (Local
Time), Wednesday, January 2, 2008 at the following location:
USF Tampa Campus – Magnolia Hall Jobsite
Peter R. Brown Construction Inc. Jobsite Office
12030 USF Walnut Drive
Tampa, FL 33620
Deadline for receipt of All Proposal Packages has been set for
2:00 p.m., on Thursday, January 10, 2008. Only proposals
received on or before the time and date listed will be
considered. All proposals received after 2:00 p.m., of the day
specified above, will be returned unopened.
All interested subcontractors must be pre-qualified or have
completed the pre-qualification process within the last year.
Please contact the following person to obtain information or
documents about the pre-qualification requirements for this
project:
Jim Cummings, Director of Estimating
Phone: (727)535-6407 – Fax: (727)539-8485
University of South Florida and Peter R. Brown Construction,
Inc. are committed to provide equal opportunity and strongly
encourage all interested M/WBE and SBE firms to submit
proposals.
One set of plans and specifications will be supplied to all
pre-qualified trade contractors at no cost. Drawings will be
available December 10, 2007. Trade contractors are
responsible for the cost of shipping. Additional sets may be
purchased directly from the copy center. Copy center
information will be distributed with the Proposal Packages.
University of South Florida and Peter R. Brown Construction,
Inc. reserve the right to accept or reject any and all proposals in
whole or part and to waive informalities and irregularities.
No verbal instruction or directives will be accepted regarding
this project during the proposal period. All instructions or
directives must be clarified through written Addenda or
Supplements. All questions regarding the work should be
5824 Section XII - Miscellaneous
directed to the Construction Manager, in writing by January 3,
2008. The Owner and Architect will not accept calls regarding
this project.
Section XII
Miscellaneous
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE IS HEREBY GIVEN THAT the Building Officials
Association of Florida has issued a Binding Interpretation
pursuant to Section 553.775, F.S., filed by Thomas Pepe/Karen
Kalman on October 19, 2007. The following is a summary of
the interpretation:
The 2004 Florida Building Code was not in force at the time of
construction [1984 and 1998] and, therefore, not applicable to
the construction.
A copy of the Interpretation may be obtained at http://www.
floridabuilding.org/bi/bi_default.aspx.
EMERGENCY MANAGEMENT PREPAREDNESS AND
ASSISTANCE – COMPETITIVE GRANT PROGRAM
The Division of Emergency Management gives notice of
its intent to open the Fiscal Year 2008-2009 application cycle
for competitive awards from the Emergency Management,
Preparedness, and Assistance (EMPA) Trust Fund. The
application cycle officially opens December 7, 2007 with an
application submission deadline of February 7, 2008.
Contingent on a Legislative appropriation, funds provided
under the Fiscal Year 2008-2009 cycle will be available to
award recipients no earlier than July 1, 2008.
Due to the uncertainty of the Fiscal Year 2008-2009
Legislative Appropriations, the amount of funds available for
this program cannot be determined at this time. As soon as the
appropriation is approved, notification of these funds will be
posted on our website at www.floridadisaster.org/
cps/grants.htm.
The Division encourages all interested and eligible parties
with projects that will enhance emergency management
capabilities within the State of Florida to apply for funds
during this open period.
As provided for in Rule Chapter 9G-19, F.A.C., two
programs offering competitive awards encompassing four
separate categories are available as follows:
PROGRAMS:
1) EMERGENCY
MANAGEMENT
COMPETITIVE
GRANT PROGRAM – (General) Provides competitive
grants to state or regional agencies, local governments,
and private non-profit organizations to implement projects
that will further state and local emergency management
objectives. Eligible applicants may submit multiple
applications; however, no single application shall seek or
receive an award in excess of $200,000. All eligible
applicants, with the exception of counties shall be limited
to no more than three (3) application submissions in an
application cycle.
2) MUNICIPAL COMPETITIVE GRANT PROGRAM –
Provides competitive grants to municipalities that are
legally constituted, have an authorized, established, and
maintained emergency management program; have a
signed current Statewide Mutual Aid Agreement (SMAA)
and have supplied all required information and
documentation such that the SMAA is ready to be signed
by the Division of Emergency Management by the date of
the application deadline. Each Municipal Emergency
Management Program may apply for one competitive
grant under this program, not to exceed $50,000 in
requested grant funds.
APPLICATION CATEGORIES:
Applications are accepted in the following four categories
under both programs:
1) Projects that will promote public education on disaster
preparedness and recovery issues.
2) Projects that will enhance coordination of relief efforts of
statewide private sector organizations, including
public-private business partnership efforts.
3) Projects that will improve the training and operations
capabilities of agencies assigned lead or support
responsibilities in the Florida Comprehensive Emergency
Management Plan.
4) Other projects that will further state and local emergency
management objectives designated as priorities in the
applicable Notice of Funding Availability. NOTE:
PRIORITY POINTS ARE AVAILABLE FOR
APPLICATIONS
SUBMITTED
UNDER
THIS
CATEGORY ONLY.
Priority Area:
Projects that will promote solutions for removing barriers
to emergency preparedness. These may include, but are
not limited to, projects which address community
preparedness, such as Community Emergency Response
Teams (CERTs) and county/local Emergency Operations
Centers/Emergency Management Incident Management
Teams (IMTs); public information and education building
on the theme of “Get a Plan”; special needs populations to
include the low income, the frail, elderly and the disabled
and language barriers, the care and sheltering of people
with their pets, and/or transportation issues.
Applications addressing the above priority must be
submitted under Project Category #4, – “Other projects that
will further state and local emergency management objectives
which have been designated by the State of Florida as priorities
in the applicable Notice of Funding Availability.”
All critical facility projects, at a minimum, whether
mitigation, retrofit, renovations or new construction, must
conform to the hurricane vulnerability guidelines established in
the American Red Cross’ publication “Standards for Hurricane
Evacuation Shelter Selection” (ARC 4496, January 2002). To
assist in the determination of a facility’s compliance with these
guidelines, an ARC 4496 Evaluation Questionnaire will be
made available. If these standards cannot be met until the
project is complete, the evaluation will need to reflect what
measures will be used to reach a compliance status. THE
EVALUATION
QUESTIONNAIRE
MUST
BE
COMPLETED
AND
SUBMITTED
WITH
THE
APPLICATION. Critical facilities include, but are not limited
to, hurricane shelters, Emergency Operations Centers,
structures for fire stations, rescue operations or law
enforcement facilities, hospitals and public works facilities,
etc. Other more stringent codes and standards may apply to
new construction or substantial renovation/retrofit projects.
Applicants who are eligible under Rural Economic
Development Initiatives (REDI)-Rural Area of Critical
Economic Concern may be entitled for a waiver or reduction of
financial match requirements. Applicants will need to provide
the most current memorandum from the Executive Office of
The Governor, Office of Tourism Trade and Economic
Development that confirms their eligibility when submitting
their application. This waiver will be considered by the Review
Committee when determining match score.
In conjunction with this offering, in lieu of workshops, a
tutorial PowerPoint presentation will be on our website,
www.floridadisaster.org/cps/grants.htm. This tutorial will
provide more detailed information about the State’s priority
issues, a review of the application format, a review of the Rule
Chapter 9G-19, F.A.C., and other important information
relevant to the programs.
TO DOWNLOAD THE RULE, APPLICATION PACKET
AND ARC 4496 EVALUATION QUESTIONNAIRE,
PLEASE VISIT OUR WEBSITE AT www.floridadisaster.org/
cps/grants.htm.
Section XII - Miscellaneous 5825
EMERGENCY MANAGEMENT PREFORMANCE GRANT
SUPPLEMENTAL AWARD – COMPETITIVE GRANT
The Division of Emergency Management gives notice of
its intent to open an application cycle for competitive awards
with funds from the Emergency Management Performance
Grant (EMPG) Supplemental award. The application cycle
officially opens December 7, 2007 with an application
submission deadline of February 7, 2008. Funds provided will
be available to award recipients no earlier than July 1, 2008.
These competitive funds will be provided to municipalities
with a population of 100,000 or less, are legally constituted,
have an authorized, established, and maintained emergency
management program, as well as a signed current Statewide
Mutual Aid Agreement (SMAA). Each Municipal Emergency
Management Program may apply for one competitive grant
under this program, not to exceed $50,000. The Division
encourages all interested and eligible parties with projects that
will enhance emergency management capabilities within the
State of Florida to apply for funds during this open period.
Projects that will promote solutions for removing barriers
to emergency preparedness will receive additional points.
These priorities include, but are not limited to, projects which
address community preparedness, such as Community
Emergency Response Teams (CERTs) and local Emergency
Operations Centers/Emergency Management Incident
Management Teams (IMTs); public information and education
building on the theme of “Get a Plan”; special needs
populations to include low income, the frail, the elderly, the
disabled and language barriers; the care and sheltering of
people with their pets; and/or transportation issues.
All critical facility projects, at a minimum, whether
mitigation, retrofit, renovations or new construction, must
conform to the hurricane vulnerability guidelines established in
the American Red Cross’ publication “Standards for Hurricane
Evacuation Shelter Selection” (ARC 4496, January 2002). To
assist in the determination of a facility’s compliance with these
guidelines, an ARC 4496 Evaluation Questionnaire will be
made available. If these standards cannot be met until the
project is complete, the evaluation will need to reflect what
measures will be used to reach a compliance status. THE
EVALUATION
QUESTIONNAIRE
MUST
BE
COMPLETED
AND
SUBMITTED
WITH
THE
APPLICATION. Critical facilities include, but are not limited
to, hurricane shelters, Emergency Operations Centers,
structures for fire stations, rescue operations of law
enforcement facilities, hospitals and public works facilities,
etc. Other more stringent codes and standards may apply to
new construction or substantial renovation/retrofit projects.
TO DOWNLOAD THE APPLICATION AND ARC 4496
EVALUATION QUESTIONNAIRE, PLEASE VISIT OUR
WEBSITE AT: www.floridadisaster.org/cps/grants.htm.
DCA Order No. DCA07-OR-273
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: A
LAND
DEVELOPMENT
REGULATION
ADOPTED
BY ISLAMORADA, VILLAGE OF ISLANDS
ORDINANCE NO. 07-23
_________________________________________/
FINAL ORDER
The Department of Community Affairs (the
“Department”) hereby issues its Final Order, pursuant to
§§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2006),
approving a land development regulation adopted by a local
government within the Florida Keys Area of Critical State
Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of
critical state concern, and Islamorada, Village of Islands is
a local government within the Florida Keys Area.
2. On October 1, 2007, the Department received for review
Islamorada, Village of Islands Ordinance No. 07-23 (“Ord.
No. 07-23”) adopted by the Village on September 27,
2007.
3. The purpose of the Ordinance is to amend Chapter 30
Land Development Regulations, Article 4 Administrative
Procedures, by creating Division 16 Affordable Housing
to implement the findings of the Village’s Workforce
Housing Study by providing affordable housing standards.
The purpose of the proposed standards is to provide an
affordable supply of housing for 30% of the generated
local workforce and their families.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land
development regulations or portions thereof that are
enacted, amended, or rescinded by any local government
in the Florida Keys Area of Critical State Concern.
§§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat.
(2006).
5. Islamorada, Village of Islands is a local government
within the Florida Keys Area of Critical State Concern.
§ 380.0552, Fla. Stat. (2006), and Rule 28-29.002
(superseding Chapter 27F-8), Fla. Admin. Code.
6.
“Land development regulations” include local zoning,
subdivision, building, and other regulations controlling the
development of land. § 380.031(8), Fla. Stat. (2006). The
regulations adopted by Ord. 07-23 are land development
regulations.
7. All land development regulations enacted, amended or
rescinded within an area of critical state concern must be
consistent with the Principles for Guiding Development
(the “Principles”) as set forth in § 380.0552(7), Fla. Stat.
(2006). See Rathkamp v. Department of Community
Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d
1209 (Fla. 3d DCA 1999). The Principles are construed as
a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 07-23 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for
managing land use and development so that local
government is able to achieve these objectives without the
continuation of the area of critical state concern
designation.
(j) To make available affordable housing for all sectors of
the population of the Florida Keys.
9. Ord. 07-23 is not inconsistent with the remaining
Principles. Ord. 07-23 is consistent with the Principles for
Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 07-23 is found
to be consistent with the Principles for Guiding Development
of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in
the Florida Administrative Weekly unless a petition is filed as
described below.
DONE AND ORDERED in Tallahassee, Florida.
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS
ARE AFFECTED BY THIS ORDER HAS THE
OPPORTUNITY
FOR
AN
ADMINISTRATIVE
PROCEEDING PURSUANT TO SECTION 120.569,
FLORIDA STATUTES, REGARDING THE AGENCY’S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE
ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR
PETITION
REQUESTING
AN
ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN
INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT
ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT
CONTAINED IN THE DEPARTMENT’S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN
INFORMAL ONE, CONDUCTED PURSUANT TO
SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES,
AND CHAPTER 28-106, PARTS I AND III, FLORIDA
ADMINISTRATIVE
CODE.
IN
AN
INFORMAL
ADMINISTRATIVE PROCEEDING, YOU MAY BE
REPRESENTED BY COUNSEL OR BY A QUALIFIED
REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN
OR ORAL EVIDENCE IN OPPOSITION TO THE
DEPARTMENT’S ACTION OR REFUSAL TO ACT; OR
YOU MAY EXERCISE THE OPTION TO PRESENT A
WRITTEN STATEMENT CHALLENGING THE GROUNDS
UPON WHICH THE DEPARTMENT HAS CHOSEN TO
JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT
STATED IN THE AGENCY ACTION, THEN YOU MAY
FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE
HEARING
BEFORE
AN
ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF
ADMINISTRATIVE
HEARINGS,
PURSUANT
TO
SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES,
AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE
CODE.
AT
A
FORMAL
ADMINISTRATIVE
HEARING,
YOU
MAY
BE
REPRESENTED BY COUNSEL OR OTHER QUALIFIED
REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT
EVIDENCE AND ARGUMENT ON ALL THE ISSUES
INVOLVED, TO CONDUCT CROSS-EXAMINATION AND
SUBMIT REBUTTAL EVIDENCE, TO SUBMIT
PROPOSED FINDINGS OF FACT AND ORDERS, AND TO
FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL
PROCEEDING OR A FORMAL HEARING, YOU MUST
FILE WITH THE AGENCY CLERK OF THE
DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN
PLEADING
ENTITLED,
“PETITION
FOR
ADMINISTRATIVE
PROCEEDINGS”
WITHIN
21
CALENDAR DAYS OF PUBLICATION OF THIS NOTICE.
A PETITION IS FILED WHEN IT IS RECEIVED BY THE
AGENCY CLERK, IN THE DEPARTMENT’S OFFICE OF
GENERAL
COUNSEL,
2555
SHUMARD
OAK
BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING
REQUIREMENTS IN SUBSECTION 28-106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL
PROCEEDING IS REQUESTED, THEN THE PETITION
SHALL BE SUBMITTED IN ACCORDANCE WITH RULE
28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A
FORMAL HEARING IS REQUESTED, THEN THE
PETITION SHALL BE SUBMITTED IN ACCORDANCE
WITH
SUBSECTION
28-106.201(2),
FLORIDA
ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY
REQUEST MEDIATION. A REQUEST FOR MEDIATION
MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE.
CHOOSING MEDIATION DOES NOT AFFECT THE
RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL
ADMINISTRATIVE PROCEEDING OR A FORMAL
HEARING IF YOU DO NOT FILE A PETITION WITH THE
AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION
OF THIS FINAL ORDER.
/s/__________________________________
CHARLES GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing
Final Order has been filed with the undersigned Agency Clerk
of the Department of Community Affairs, and that true and
correct copies have been furnished to the persons listed below
by the method indicated this 28th day of November, 2007.
/s/_______________________________
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Dave Boerner, Mayor
Islamorada, Village of Islands
Post Office Box 568
Islamorada, FL 33036
Beverly Raddatz, Village Clerk
Islamorada, Village of Islands
Post Office Box 568
Islamorada, FL 33036
Nina Boniske, Esq.
James White, Esq.
Weiss Serota Helfman Pastoriza
Guedes Cole & Boniske, P.A.
3107 Stirling Drive, Suite 300
Fort Lauderdale, FL 33312-8500
By Hand Delivery or Interagency Mail:
Clark Turner, ACSC Administrator
Richard E. Shine, Assistant General Counsel
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES
Notice of Publication for a New Point
Franchise Motor Vehicle Dealer in a County of More
than 300,000 Population
Pursuant to Section 320.642, Florida Statutes, notice is
given that Hyosung Motors America, Inc., intends to allow the
establishment of Andrew J. Biggar d/b/a Orange City Cycle, as
a dealership for the sale of Hyosung (HYOS) motorcycles at
2305 South Volusia Avenue, Orange City (Volusia County),
Florida 32763, on or after November 15, 2007.
The name and address of the dealer operator(s) and
principal investor(s) of Andrew J. Biggar d/b/a Orange City
Cycle are dealer operator(s): Andrew James Biggar, 2211
Gamewell Court, Deltona, Florida 32725; principal investor(s):
Andrew James Biggar, 2211 Gamewell Court, Deltona, Florida
32725.
The notice indicates intent to establish the new point
location in a county of more than 300,000 population,
according to the latest population estimates of the University of
Florida, Bureau of Economic and Business Research.
Certain dealerships of the same line-make may have
standing, pursuant to Section 320.642, Florida Statutes, to file
a petition or complaint protesting the application.
Written petitions or complaints must be received by the
Department of Highway Safety and Motor Vehicles within 30
days of the date of publication of this notice and must be
submitted to: Nalini Vinayak, Administrator, Dealer License
Section, Department of Highway Safety and Motor Vehicles,
Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee
Parkway, Tallahassee, Florida 32399-0635.
A copy of such petition or complaint must also be sent by
U.S. Mail to: Simon Kim, President, Hyosung Motors
America, Inc., 5815 Brook Hollow Parkway, Suite B,
Norcross, Georgia 30071.
If no petitions or complaints are received within 30 days
of the date of publication, a final order will be issued by the
Department of Highway Safety and Motor Vehicles approving
the establishment of the dealership, subject to the applicant’s
compliance with the provisions of Chapter 320, Florida
Statutes.
given that ZENN Motor Company, intends to allow the
establishment of Custom Carriages, Inc. d/b/a Golf and
Electric Vehicles, as a dealership for the sale of ZENN
Neighborhood electric vehicles (ZENN) at 18754 East
Colonial Drive, Orlando (Orange County), Florida 32820, on
or after November 6, 2007.
principal investor(s) of Custom Carriages, Inc. d/b/a Golf and
Electric Vehicles are dealer operator(s): Robert Brownell,
18754 East Colonial Drive, Orlando, Florida 32820; principal
investor(s): Robert Brownell, 18754 East Colonial Drive,
Orlando, Florida 32820.
U.S. Mail to: Mike Richard, ZENN Motor Company, 85
Scarsdale Road, Suite 100, Toronto, Ontario, Canada
M3B2R2.
Statutes.
given that Vento North America, LLC, intends to allow the
establishment of Dixie Motor Sales, Inc., as a dealership for
the sale of Jialing (JIAL) motorcycles at 600 Southeast 5
Avenue, Delray Beach (Palm Beach County), Florida 33483,
on or after December 15, 2007.
principal investor(s) of Dixie Motor Sales, Inc. are dealer
operator(s): Steve Cacasini, 600 Southeast 5 Avenue, Delray
Beach, Florida 33483; principal investor(s): Steve Cacasini,
600 Southeast 5 Avenue, Delray Beach, Florida 33483.
U.S. Mail to: Alma Gonzalez, Vento North America, 6190
Cornerstone Court E, Suite #200, San Diego, California 92121.
Statutes.
establishment of Dixie Motor Sales, Inc., as a dealership for
the sale of motorcycles manufactured by Qianjiang
Motorcycles Group Corp. (QINJ) at 600 Southeast 5 Avenue,
Delray Beach (Palm Beach County), Florida 33483, on or after
December 15, 2007.
principal investor(s) of Dixie Motor Sales, Inc. are dealer
operator(s): Steve Cacasini, 600 Southeast 5 Avenue, Delray
Beach, Florida 33483; principal investor(s): Steve Cacasini,
600 Southeast 5 Avenue, Delray Beach, Florida 33483.
Statutes.
Franchise Motor Vehicle Dealer in a County of Less
establishment of Fast Trixx Powersports, Inc., as a dealership
for the sale of Jialing (JIAL) motorcycles at 2386 Allen Road,
Tallahassee (Leon County), Florida 32312, on or after
December 15, 2007.
principal investor(s) of Fast Trixx Powersports, Inc. are dealer
operator(s): Daniel Maddox, 2386 Allen Road, Tallahassee,
Florida 32312; principal investor(s): Daniel Maddox, 2386
Allen Road, Tallahassee, Florida 32312.
location in a county of less than 300,000 population, according
to the latest population estimates of the University of Florida,
Bureau of Economic and Business Research.
standing, pursuant to Section 320.642, Florida Statutes, as
amended by Chapter 88-395, Laws of Florida, to file a petition
or complaint protesting the application.
Statutes.
establishment of Fast Trixx Powersports, Inc., as a dealership
for the sale of motorcycles manufactured by Qianjiang
Motorcycles Group Corp. (QINJ) at 2386 Allen Road,
Tallahassee (Leon County), Florida 32312, on or after
December 15, 2007.
principal investor(s) of Fast Trixx Powersports, Inc. are dealer
operator(s): Daniel Maddox, 2386 Allen Road, Tallahassee,
Florida 32312; principal investor(s): Daniel Maddox, 2386
Allen Road, Tallahassee, Florida 32312.
Statutes.
given that Johnny Pag.Com, intends to allow the establishment
of Mega Power Sports Corp., as a dealership for the sale of
Johnny Pag (PAGS) motorcycles at 390 North Beach Street,
Daytona Beach (Volusia County), Florida 32114, on or after
November 1, 2007.
principal investor(s) of Mega Power Sports Corp. are dealer
operator(s): David M. Levison, 390 North Beach Street,
Daytona Beach, Florida 32114; principal investor(s): David M.
Levison, 390 North Beach Street, Daytona Beach, Florida
32114.
U.S. Mail to: JR Pag, President, Johnny Pag.Com, 11754
Warm Springs Road, Riverside, California 92505.
Statutes.
establishment of Morland Marine International, Inc., as a
dealership for the sale of motorcycles manufactured by
Qianjiang Motorcycles Group Corp. (QINJ) at 3907 14th Street
West, Bradenton (Manatee County), Florida 34205, on or after
December 7, 2007.
principal investor(s) of Morland Marine International, Inc. are
dealer operator(s): Brian T. Quartermain, 3907 14th Street
West, Bradenton, Florida 34205; principal investor(s): Brian T.
Quartermain, 3907 14th Street West, Bradenton, Florida
34205.
Statutes.
given that Red Horse Motor Works, LLC, intends to allow the
establishment of Razors Edge Performance, LLC, as a
dealership for the sale of Red Horse motorcycles (REDH) at
2600 North Federal Highway, Lighthouse Point (Broward
County), Florida 33064, on or after November 15, 2007.
principal investor(s) of Razors Edge Performance, LLC are
dealer operator(s): Paul Riccio, 23086-2 Island View Drive,
Boca Raton, Florida 33433; principal investor(s): Paul Riccio,
23086-2 Island View Drive, Boca Raton, Florida 33433.
U.S. Mail to: Geno Gargiulo, Red Horse Motor Works, LLC,
3318 Northeast 16th Place, Fort Lauderdale, Florida 33305.
Statutes.
given that Genuine Scooters, LLC, intends to allow the
establishment of Solano Cycle, Inc., as a dealership for the sale
of motorcycles manufactured by Motive Power Industry Ltd.
(MOTI) at 32 San Marco Avenue, St. Augustine (St. Johns
principal investor(s) of Solano Cycle, Inc. are dealer
operator(s): Martin Solano, 32 San Marco Avenue, St.
Augustine, Florida 32084; principal investor(s): Martin
Solano, 32 San Marco Avenue, St. Augustine, Florida 32084.
U.S. Mail to: Jim Kolbe, Genuine Scooters, LLC, 5400 North
Damen Avenue, Chicago, Illinois 60625.
Statutes.
given that SunL Group, Inc., intends to allow the establishment
of South Lake Power Sports, LLC, as a dealership for the sale
of motorcycles manufactured by Chuanl Motorcycle
Manufacturing Co. Ltd. (CHUA) at 697 East Anderson Street,
Groveland (Lake County), Florida 34711, on or after
November 23, 2007.
principal investor(s) of South Lake Power Sports, LLC are
dealer operator(s): Jack King, 697 East Anderson Street,
Groveland, Florida 34711; principal investor(s): Jack King,
697 East Anderson Street, Groveland, Florida 34711.
U.S. Mail to: Jeff Boudreaux, SunL Group, Inc., 8551 Esters
Boulevard, Irving, Texas 75063.
Statutes.
of motorcycles manufactured by Chongqing Lifan Industry
Group (CHOL) at 697 East Anderson Street, Groveland (Lake
Statutes.
of motorcycles manufactured by Shanghai JMSTAR (JMST) at
697 East Anderson Street, Groveland (Lake County), Florida
34711, on or after November 23, 2007.
Statutes.
of motorcycles manufactured by Shanghai Meitian Motorcycle
Co. Ltd. (MEIT) at 697 East Anderson Street, Groveland (Lake
Statutes.
of motorcycles manufactured by Qingqi Group, Inc. (QING) at
697 East Anderson Street, Groveland (Lake County), Florida
Statutes.
given that American Lifan Industry, Inc., intends to allow the
establishment of Topline Enterprises d/b/a R & R Unlimited, as
a dealership for the sale of Chongqing Lifan (CHOL)
motorcycles at 15818 U.S. 19, Hudson (Pasco County), Florida
principal investor(s) of Topline Enterprises, d/b/a R & R
Unlimited are dealer operator(s): Robert Waters, 15818 U.S.
19, Hudson, Florida 34667; principal investor(s): Robert
Waters, 15818 U.S. 19, Hudson, Florida 34667.
U.S. Mail to: Peter Xie, General Manager, American Lifan
Industry, Inc., 10990 Petal Street, Suite 500, Dallas, Texas
75238.
Statutes.
given that JMSTAR Powersports, Inc., intends to allow the
establishment of USA Wholesale Scooters, Inc., as a dealership
for the sale of Shanghai JMSTAR (JMST) motorcycles at 4720
North Federal Highway, Fort Lauderdale (Broward County),
Florida 33308, on or after November 15, 2007.
principal investor(s) of USA Wholesale Scooters, Inc. are
dealer operator(s): Noel Farbman, 4720 North Federal
Highway, Fort Lauderdale, Florida 33308; principal
investor(s): Noel Farbman, 4720 North Federal Highway, Fort
Lauderdale, Florida 33308.
U.S. Mail to: Yenong Xie, President, JMSTAR Powersports,
Inc., 400 Northwest 141 Avenue, #207, Pembroke Pines,
Florida 33028.
Statutes.
of Wausau Motors, LLC, as a dealership for the sale of
motorcycles
manufactured
by
Chuanl
Motorcycle
Manufacturing Co. Ltd. (CHUA) at 2172 Pioneer Road,
Wausau (Washington County), Florida 32463, on or after
November 21, 2007.
principal investor(s) of Wausau Motors, LLC are dealer
operator(s): Richard Higbee, 2172 Pioneer Road, Wausau,
Florida 32463; principal investor(s): Richard Higbee, 2172
Pioneer Road, Wausau, Florida 32463.
U.S. Mail to: Mei Zhou, SunL Group, Inc., 8551 Esters
Statutes.
motorcycles manufactured by Chongqing Lifan Industry
Group (CHOL) at 2172 Pioneer Road, Wausau (Washington
Statutes.
motorcycles manufactured by Shanghai JMSTAR (JMST) at
2172 Pioneer Road, Wausau (Washington County), Florida
Statutes.
motorcycles manufactured by Shanghai Meitian Motorcycle
Co. Ltd. (MEIT) at 2172 Pioneer Road, Wausau (Washington
Statutes.
motorcycles manufactured by Qingqi Group, Inc. (QING) at
2172 Pioneer Road, Wausau (Washington County), Florida
Statutes.
NOTICE OF BATCHED APPLICATION RECEIPT
AND
NOTICE OF TENTATIVE PUBLIC HEARINGS
The Agency for Health Care Administration has received
and accepted the following Certificate of Need applications for
review in the batched Other Beds and Programs review cycle
with an application due date of November 21, 2007.
County: Volusia
District: 4
CON # 9999
Application Receipt Date: 11/19/2007
Facility/Project: Adventa Hospice Services of Florida, Inc.
Applicant: Adventa Hospice Services of Florida, Inc.
Project Description: Establish a hospice program
County: Volusia
District: 4
CON # 10000
Facility/Project: Compassionate Care Hospice
Applicant: Compassionate Care Hospice of Florida, Inc.
County: Volusia
District: 4
CON # 10001
Facility/Project: Crown Hospice, Inc.
Applicant: Crown Hospice, Inc.
County: Volusia
District: 4
CON # 10002
Facility/Project: HCR Manor Care Services of Florida, Inc.
Applicant: HCR Manor Care Services of Florida, Inc.
County: Volusia
District: 4
CON # 10003
Facility/Project: Regency Hospice of Northwest Florida, Inc.
Applicant: Regency Hospice of Northwest Florida, Inc.
County: Volusia
District: 4
CON # 10004
Facility/Project: North Central Florida Hospice, Inc.
Applicant: North Central Florida Hospice, Inc.
County: Lee
District: 8
CON # 10005
Facility/Project: Hope Hospice and Community Services, Inc.
Applicant: Hope Hospice and Community Services, Inc.
Project Description: Establish a freestanding inpatient hospice
facility of up to 16 beds
County: Palm Beach District: 9
CON # 10006
Facility/Project: Chatsworth at Wellington Green
Applicant: Chatsworth at Wellington Green, LLC.
Project Description: Establish a community nursing home of
up to 120 beds through the delicensure of 68 beds at Liberty
Inn and 52 beds at Mission Palms Nursing & Rehabilitation
Center
County: Palm Beach District: 9
CON # 10007
Facility/Project: M.T. Health Center, LLC.
Applicant: M.T. Health Center, LLC.
Project Description: Establish a community nursing home of
up to 99 beds through the delicensure of 99 beds at Mission
Palms Nursing & Rehabilitation Center
County: Miami-Dade District: 11
CON # 10008
Facility/Project: St. Catherine’s West
Applicant: Villa Maria Nursing and Rehabilitation Center, Inc.
Project Description: Establish a 20-bed community nursing
home through the delicensure of 20 beds at St. Anne's Nursing
Center
IF REQUESTED, within 14 days after notice that an
application has been filed, a public hearing may be held at the
local level within 21 days after December 26, 2007, the date
the application is scheduled to be deemed complete.
IF REQUESTED, a tentative public hearing has been
scheduled as follows:
PROPOSALS: District 4
DATE/TIME: Tuesday, January 8, 2008, 9:00 a.m. (until
12:00 Noon)
PLACE:
Health Planning Council of Northeast Florida,
Inc.
101 South Palmetto Avenue
Daytona Beach, FL 32114
DATE/TIME: Monday, January 7, 2008, 9:00 a.m. (until
12:00 Noon)
PLACE:
Health Planning Council of S.W. Florida, Inc.
8961 Daniels Center Drive, #401
Fort Myers, FL 33912
DATE/TIME: Friday, January 11, 2008, 9:00 a.m. (until
12:00 Noon)
PLACE:
Treasure Coast Health Council, Inc.
600 Sand Tree Drive, Suite 101
Palm Beach Gardens, FL 33403
DATE/TIME: Wednesday, January 9, 2008, 9:00 a.m. (until
12:00 Noon)
PLACE:
Health Council of South Florida
8095 N. W. 12th Street, Suite 300 Conference
Room
Miami, FL 33126
Public hearing requests must be in writing and be received
at the Agency for Health Care Administration, CON Office,
2727 Mahan Drive, Mail Stop 28, Tallahassee, Florida 32308,
attention James B. McLemore, by 5:00 p.m., December 21,
2007. In lieu of requesting and attending a public hearing,
written comments submitted to the department relative to the
merits of these applications will become part of the official
project application file. Pursuant to subsection 59C-1.010(3),
F.A.C., written comments must be received by December 26,
2007.
The Department of Environmental Protection announces the
receipt of the below listed applications for permit coverage
under the Generic Permit for Discharge of Stormwater from
Phase II Municipal Separate Storm Sewer Systems (MS4). The
applications are being processed and are available for public
inspection during normal business hours, 8:00 a.m. to 5:00
p.m., Monday through Friday, except legal holidays, at Science
Applications International Corporation (SAIC), 2343 Hansen
Lane, Tallahassee, Florida 32301, (850)523-1449. Any
comments related to the noticed applications or objections to
the use of the Generic Permit by any of the noticed applicants
must be received by the Department within 14 days from the
date of this notice.
Phase II MS4 applications received November 6-20, 2007
West Melbourne – FLR04E028
Town of Indian Shores (first permit cycle no permit number
issued)
Tyndall Air Force Base – FLR04E004
Comments may be mailed to the following address:
Steven Kelly
NPDES Stormwater Section
2600 Blair Stone Road, MS #2500
NOTICE OF AVAILABILITY
FLORIDA FINDING OF NO SIGNIFICANT IMPACT
The Florida Department of Environmental Protection has
determined that the City of Lake Helen project to replace a
diesel engine in poor condition with a new generator for
emergency power, and an upgrade to the controls associated
with operating the water system will not adversely affect the
environment. The total cost of the project is estimated to be
$189,000. The project may qualify for a Drinking Water State
Revolving Fund loan composed of federal funds and state
funds.
A full copy of the Florida Finding of No Significant Impact can
be obtained by writing to: Paul Brandl, Department of
Environmental Protection, Bureau of Water Facilities Funding,
2600 Blair Stone Road, MS#3505, Tallahassee, Florida
32399-2400 or calling (850)245-8373.
FLORIDA STATE CLEARINGHOUSE
The state is coordinating reviews of federal activities and
federally funded projects as required by Section 403.061(40),
F.S. A list of projects, comments deadlines and the address for
providing comments are available at http://www.dep.state.
fl.us/secretary/oip/state_clearing/. For information, call
(850)245-2161. This public notice fulfills the requirements of
15 CFR 930.
On November 16, 2007, Ana M. Viamonte Ros, M.D., M.P.H.,
State Surgeon General of the Department of Health, issued an
Order of Emergency Suspension with the regard to the license
of Danae Alvarez, R.C.A., license number RCA 3811 and LMT
44208. This Emergency Suspension Order was predicated
upon the Secretary’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. The
Secretary determined that this summary procedure was fair
under the circumstances, in that there was no other method
available to adequately protect the public.
of Stephanie Lynn Demonico, L.P.N., license number PN
5164551. This Emergency Suspension Order was predicated
upon the Secretary’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. The
Secretary determined that this summary procedure was fair
under the circumstances, in that there was no other method
available to adequately protect the public.
of Billie Jean Myers, L.P.N., license number PN 5146742. This
Emergency Suspension Order was predicated upon the
Secretary’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. The Secretary
determined that this summary procedure was fair under the
circumstances, in that there was no other method available to
adequately protect the public.
OCHLOCKONEE RIVER SOIL AND WATER
CONSERVATION DISTRICT
Meeting Date Correction: The Ochlockonee River Soil and
Water Conservation District will discuss its intention to
promulgate rules concerning the application of fertilizer
containing phosphorus in Leon County. The discussion will
take place during the District’s regular meeting at the Leon
County Agricultural Extension Office, 615 Paul Russell Road,
Tallahassee, Florida at 4:00 p.m. on December 10th, 2007. All
members of the public are encouraged to attend. The agenda
for the meeting will be available at least seven days prior to the
meeting and can be obtained by contacting Blas Gomez, Chair,
at (850)933-6268.
Section XIII
Index to Rules Filed During Preceding Week
RULES FILED BETWEEN November 19, 2007
and November 21, 2007
Rule No.
File Date
Effective
Proposed
Amended
Date
Vol./No.
Vol./No.
Rule No.
Effective
Proposed
Amended
Date
Vol./No.
Vol./No.
Florida Real Estate Appraisal Board
61J1-3.004
11/21/07
12/11/07
33/42
61J1-5.001
11/21/07
12/11/07
33/42
Division of Medical Quality Assurance
64B-3.004
Suwannee River Water Management District
File Date
11/21/07
12/11/07
33/41
40B-1.703
11/20/07
12/10/07
33/34
40B-8.021
11/20/07
12/10/07
33/42
COMMISSION
Marine Resources
40B-8.061
11/20/07
12/10/07
33/42
68E-1.002
11/19/07
12/9/07
33/6
68E-1.004
11/19/07
12/9/07
33/6
33/41
68E-1.0041
11/19/07
12/9/07
33/6
33/41
68E-1.005
11/19/07
12/9/07
33/6
33/41
33/42
REGULATION
Florida Building Code Administrators and Inspector
61G19-6.017
11/21/07
12/11/07
33/41
12/11/07
33/42
33/41
61H1-33.0032
11/21/07
Section XIII - Index to Rules Filed During Preceding Week 5841
Section XIV
List of Rules Affected
This “List of Rules Affected” is a cumulative list of all rules
which have been proposed but not filed for adoption.
Beginning with the February 2, 1996 issue, the list will be
published monthly for the period covering the last eight weeks.
w
c
v
x
d
dw
–
–
–
–
–
–
Signifies Withdrawal of Proposed Rule(s)
Rule Challenge Filed
Rule Declared Valid
Rule Declared Invalid
Rule Challenge Dismissed
Dismissed Upon Withdrawal
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
Adopted
Vol./No.
STATE
1B-2.011
1SER07-1
1SER07-2
1S-2.0011
1S-2.009
1S-2.0091
1S-2.0095
1S-2.034
1S-2.037
1S-2.040
1S-2.042
1S-2.045
1T-1.001
33/38
33/34
33/34
33/34
33/34
33/30
33/30
33/30
32/8
33/34
33/26
33/32
33/32
33/41
33/41
33/41
33/41
33/37
33/37
33/37
33/40w
33/42
33/37
33/44
33/43
BANKING AND FINANCE
3E-48.005
28/42
INSURANCE
4-138.047
4-154.525
4-211.031
4-228.055
4A-62.001
4A-62.002
28/41
29/16
27/44
26/35
29/44
29/44
29/25
29/46
29/46
AGRICULTURE AND CONSUMER SERVICES
5B-58.001
5C-24.001
27/29
33/44
33/27
Proposed
Vol./No.
5C-24.002
5C-24.003
5C-27.001
5C-28.001
5E-1.023
5E-14.106
5E-14.117
5F-2.001
5F-2.002
5F-2.003
5F-2.005
5F-2.014
5F-2.016
5F-8.0011
5F-8.0012
5F-8.003
5F-14.001
5F-14.002
5F-14.003
5I-4.002
5I-4.006
5J-14.003
5J-14.004
5K-4.020
5L-1.003
5N-1.116
5N-1.140
33/27
33/27
33/27
33/27
33/31
33/7
33/7
33/38
33/38
33/38
33/38
33/38
33/38
33/21
33/21
33/21
33/33
33/33
33/33
32/49
32/49
33/40
33/40
33/33
33/27
33/37
33/37
Amended
Vol./No.
Adopted
Vol./No.
33/31
33/31
33/31
33/41w
33/41w
33/41w
33/41w
33/41w
33/41w
33/39
33/39
33/39
33/44
33/39
33/43
EDUCATION
LEGAL AFFAIRS
2-40.005
2B-1.002
Rule No.
6AER07-1
6A-1.09401
6A-2.0010
6A-4.0012
6A-4.0251
6A-6.014
6A-7.0100
6B-4.010
6C7-3.001
6C7-3.0031
6C7-3.0032
6C7-3.008
6C7-3.010
6C7-3.011
6C7-3.0121
6C7-3.0122
6C7-3.0123
6C7-3.0124
6C7-3.0131
6C7-3.0132
6C7-3.0133
6C7-3.0134
6C7-3.014
6C7-3.017
6C7-3.018
6C7-3.019
33/28
33/29
33/11
33/37
32/3
33/29
33/37
33/10
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
33/41
33/41w
32/5
33/37
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
Section XIV - List of Rules Affected 5843
Rule No.
Proposed
Vol./No.
6C7-3.0191
6C7-3.026
6C7-3.0261
6C7-3.0262
6C7-3.030
6C7-3.033
6C7-5.0021
6C7-5.003
6C7-5.0041
6C7-5.0042
6C7-5.00431
6C7-5.0044
6E-1.003
6E-1.0032
6E-2.002
6E-2.004
6E-2.0041
6L-1.001
6L-1.002
6L-1.004
6L-1.005
6L-1.006
6L-1.007
6L-1.008
6L-1.009
6L-1.010
6L-1.011
6L-1.012
6L-1.013
6M-7.0055
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
Newspaper
33/19
33/19
33/20
33/20
33/20
28/12
28/12
28/12
28/12
28/12
28/12
28/12
28/12
28/12
28/12
28/12
28/12
30/26
Amended
Vol./No.
Adopted
Vol./No.
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/37w
33/37w
33/37w
33/37w
33/37w
COMMUNITY AFFAIRS
9BER07-1
9B-3.047
9B-3.0472
9B-3.0475
9B-3.0477
9B-3.053
9B-7.003
9B-7.0042
9B-50.003
9B-72.010
9B-72.070
9B-72.080
9B-72.100
9B-72.130
9B-74.010
9B-74.020
9B-74.030
9B-74.040
9B-74.050
9J-5
33/33
33/30
33/30
33/30
33/30
31/45
33/30
33/22
33/29
33/22
33/22
33/22
33/22
33/22
33/30
33/30
33/30
33/30
33/30
32/32c
33/38
33/38
5844 Section XIV - List of Rules Affected
Rule No.
33/38
33/41
33/41
33/41
33/41
33/41
Amended
Vol./No.
Adopted
Vol./No.
HEALTH AND REHABILITATIVE SERVICES
10-11.002
10-11.003
10-11.004
10-11.005
10-11.006
10-11.007
33/32
33/32
33/32
33/32
33/32
33/32
REVENUE
12-3.011
12-26.008
12AER07-8
12A-1.0011
12A-1.005
12A-1.008
12A-1.011
12A-1.0115
12A-1.0141
12A-1.038
12A-1.039
12A-1.056
12A-1.071
12A-1.096
12A-1.097
12A-12.003
12A-16.004
12A-16.008
12A-17.005
12A-19.070
12A-19.071
12A-19.100
33/41
33/41
Proposed
Vol./No.
12B-4.003
12B-5.150
12B-7.008
12B-7.0225
12B-7.026
12B-7.030
12B-7.031
12B-8.0016
12B-8.003
12C-1.0221
12C-1.051
12C-2.001
12C-2.002
12C-2.003
12C-2.004
12C-2.005
12C-2.006
12C-2.0061
33/38
32/52
33/12
33/15
33/30
33/41
33/41
33/41
33/41
33/41
33/38
33/32
33/32
33/32
33/41
33/32
33/32
33/38
33/41
33/32
33/33
33/38
32/2
33/32
33/32
33/32
33/32
33/42
33/38
33/38
33/32
33/38
33/32
33/32
33/32
33/32
33/38
33/41
33/38
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/44
33/44
33/44
33/44
33/44
32/31
33/44
33/44
33/44
33/44
33/44
Rule No.
Proposed
Vol./No.
12C-2.0062
12C-2.0063
12C-2.007
12C-2.008
12C-2.010
12C-2.0105
12C-2.011
12C-2.0115
12C-2.012
12C-3.008
12DER07-5
12DER07-6
12DER07-7
12DER07-9
12DER07-10
12D-3.001
12D-3.003
12D-7.003
12D-7.013
12D-8.0061
12D-8.0063
12D-8.011
12D-13.031
12D-16.002
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/32
Amended
Vol./No.
Adopted
Vol./No.
33/44
33/27
33/28
33/30
33/39
33/44
33/38
33/39
33/39
33/39
33/39
33/26
33/26
33/26
33/26
33/26
33/34
33/26
33/26
33/26
33/39
33/39
33/39
TRANSPORTATION
14-1
14-1.0081
14-10.007
14-15.002
14-22.0011
14-22.002
14-22.006
14-22.009
14-22.012
14-22.0121
14-22.0141
14-22.015
14-25.022
14-25.023
14-25.024
14-25.026
14-28.0011
14-28.0012
14-28.002
14-28.003
14-28.005
14-28.006
14-28.007
14-28.008
14-46.001
31/32c
32/2c
32/2c
33/31
33/31
33/33
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/31
33/31
33/31
33/31
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/43
Rule No.
Proposed
Vol./No.
14-63.001
14-63.0011
14-63.002
14-63.0021
14-63.003
14-63.004
14-63.005
14-63.0051
14-63.006
14-63.007
14-63.008
14-63.0091
14-63.0101
14-63.011
14-88.001
14-88.002
14-88.003
14-88.0041
14-88.005
14-91.007
14-109.0011
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/42
33/38
Amended
Vol./No.
Adopted
Vol./No.
HIGHWAY SAFETY AND MOTOR VEHICLES
15C-7.005
33/8c
33/38
33/41
33/41
33/38
33/38
33/38
33/38
18-1.001
18-1.002
18-1.003
18-1.004
18-1.005
18-1.006
18-1.007
18-1.008
18-1.009
18-1.010
18-1.011
18-1.012
18-1.013
18-1.014
18-2.017
18-2.018
18-2.020
18-2.021
18-21.003
18-21.004
18-21.010
18-21.011
18-21.013
18-24.005
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/22
33/29
33/22
33/29
33/29
33/22
33/29
33/29
33/29
33/29
33/29
33/22
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
Adopted
Vol./No.
STATE BOARD OF ADMINISTRATION
19-11.002
19-11.003
19-11.004
19-11.005
19-11.006
19-11.007
19-11.008
19-11.009
19-11.010
19-12.007
19-13.002
19-15.001
19B-4.001
19B-4.002
19B-4.005
19B-5.001
19B-5.002
19B-5.003
19B-5.006
19B-6.001
19B-9.001
19B-9.002
19B-9.003
19B-9.005
19B-11.001
19B-16.002
19B-16.003
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/39
33/39
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/39
33/34
33/41
33/41
33/41
33/23
33/33
33/23
33/42
33/42
33/41
33/41
33/41
33/42
33/42
28-106.601
28-112.001
28-112.002
33/40
33/40
33/40
Adopted
Vol./No.
CORRECTIONS
33-103.001
33-103.006
33-103.015
33-103.017
33-208.003
33-208.101
33-210.101
33-210.102
33-601.314
33-601.603
33-601.606
33-601.724
33-601.725
33-601.731
33/31
33/31
33/31
33/31
33/38
33/32
30/43
33/40
33/36
33/31
33/28
33/28
33/28
33/19
33-601.901
33-602.205
33-602.210
33-602.220
33/38
33/28
33/21
33/31
33/37w
33/31
33/31
33/41
33/23
32/32c
32/32c
32/32c
32/32c
32/32c
32/32c
32/32c
33/37
33/42w
33/37
40B-1.703
40B-3.3020
40B-3.3030
40B-3.3040
40B-8.021
40B-8.061
40C-2.091
40C-2.101
40C-2.231
40C-2.301
40D-1.002
40D-1.600
40D-1.603
40D-1.6105
40D-1.659
40D-2.091
ADMINISTRATION COMMISSION
28-101.001
28-104.005
28-106.301
28-106.302
28-106.501
Amended
Vol./No.
33/36
33/43
33/43
33/43
33/43
33/40
33/22
33/31
33/44
33/40
33/40
33/40
33/40
33/39
33/39
33/38
33/39
25-4.0665
25-30.4325
25-56.034
25-56.0341
25-56.0342
25-56.0343
25-56.064
25-56.078
25-56.115
Proposed
Vol./No.
33/42
33/41
CITRUS
20-3.002
20-13.011
20-100.004
Rule No.
33/40
33/40
33/40
33/40
33/40
40D-2.101
40D-2.301
40D-2.302
40D-2.321
33/34
33/16
33/16
33/16
33/42
33/42
33/23
33/36
33/23
33/36
33/43
33/27
33/43
33/39
33/27
33/27
33/39
33/44
22/48
33/30
33/33
33/36
33/39
33/43
33/39
22/48
33/39
33/36
33/42
33/38
33/36
33/38
33/39
33/42
Rule No.
Proposed
Vol./No.
40D-2.351
40D-2.801
33/39
33/30
33/36
33/27
40D-4.051
40D-4.091
40D-4.331
40D-4.351
40D-4.381
40D-8.041
40D-8.624
40D-80.073
40D-400.443
40D-400.447
40E-1.607
40E-2.091
40E-2.301
40E-2.321
40E-2.331
40E-2.381
40E-20.011
40E-20.091
40E-20.301
40E-20.302
40E-20.321
40E-20.331
40E-20.381
40E-21.521
40E-21.531
40E-21.541
40E-21.551
22/48
33/27
33/27
33/27
33/27
33/43
33/43
33/43
32/1
33/39
33/14
33/39
33/27
33/27
33/30
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/39
33/39
33/39
33/39
Amended
Vol./No.
Adopted
Vol./No.
33/39
33/36
33/40
33/38
33/38
33/36
33/41w
33/38
33/38
33/40
58A-2.002
58A-2.003
58A-2.004
58A-2.005
58A-2.010
58A-2.012
58A-2.012(1)(b)
58A-2.014
58A-2.0232
33/41
33/42
33/47
33/47
33/47
33/35
LOTTERY
53ER07-42
53ER07-43
53ER07-44
53ER07-45
53ER07-46
53ER07-47
53ER07-48
53ER07-49
53ER07-50
53ER07-51
53ER07-52
53ER07-53
53ER07-54
53ER07-55
53ER07-56
53ER07-57
53ER07-58
53ER07-59
53ER07-60
53ER07-61
53ER07-62
53ER07-63
Proposed
Vol./No.
Amended
Vol./No.
Newspaper
Newspaper
Newspaper
Newspaper
Adopted
Vol./No.
33/32
33/34
33/34
33/37
33/37
33/38
33/39
33/39
33/41
33/43
33/43
33/43
33/43
33/44
ELDER AFFAIRS
FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION
42CC-1.002
42GG-1.002
42LLL-1.001
42LLL-1.002
42LLL-1.003
42T-1.002
Rule No.
33/28
33/28
33/28
33/29
33/29
33/29
33/29
33/32
58L-1.001
58L-1.005
58L-1.006
58L-1.007
58M-2.001
58M-2.003
58M-2.007
58N-1.001
58N-1.003
58N-1.005
58N-1.007
58N-1.009
58N-1.011
58N-1.013
58N-1.015
58N-1.017
58N-1.019
33/31
33/38c
33/31
33/38c
33/34
33/31
33/38c
33/31
33/38c
33/31
33/38c
33/38c
33/38c
33/31
33/38c
33/31
33/38c
33/41
33/41
33/41
33/41
33/40
33/40
33/40
33/34
33/34
33/34
33/34
33/34
33/34
33/34
33/34
33/34
33/34
33/37w
33/37w
33/37w
33/37w
33/37w
33/37w
33/37w
59-1
59-1.018
59-1.024
29/35c
33/38
33/38
Rule No.
Proposed
Vol./No.
59-1.025
59-1.031
59-1.062
59A-3.2085
59C-1.008
59C-1.0355
59C-1.0355(4)(d)3.
59E-8.001
59E-8.002
59G-4.003
59G-4.016
59G-4.070
59G-4.085
59G-4.130
59G-4.140
33/38
33/38
33/38
33/11
33/39
33/23
33/36c
33/36c
33/29
33/30c
33/30c
33/38
33/38
33/24
32/19
33/31
33/35
33/29
33/26
59G-4.199
59G-4.230
59G-6.010
59G-6.020
59G-6.030
59G-13.080
59G-13.081
59G-13.091
59G-13.092
59G-14.001
59G-14.002
59G-14.003
59G-14.004
59G-14.005
59G-14.006
59G-14.007
59G-20.381
33/36
33/32
33/43
33/39
33/39
33/30
33/31
33/30
33/30
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/36
59C-1.002
Amended
Vol./No.
33/40
33/32
33/39
33/36
33/34
33/44
33/43
33/40
33/41
33/41
32/50
60BB-3.012
32/50
60BB-3.013
32/50
60BB-3.015
32/50
60BB-3.016
32/50
60BB-3.017
32/50
60BB-3.018
32/50
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
60BB-3.019
32/50
60BB-3.020
32/50
60BB-3.021
32/50
60BB-3.022
32/50
60BB-3.024
32/50
60BB-3.028
32/50
60BB-3.029
32/50
33/23
33/33
33/23
33/33
33/23
33/33
33/23
33/33
33/23
33/33
33/44
33/23
33/33
33/23
33/33
33/44
60BB-8.700
60L-35.001
60L-35.002
60L-35.003
33/26
33/27
33/27
33/27
60L-35.004
60L-35.005
60L-35.006
60S-9.001
60U-1.006
60V-1.007
60W-8.001
60Y-1
33/27
33/27
33/27
33/23
33/23
33/23
33/23
32/2c
32/2c
Adopted
Vol./No.
33/37
33/41
33/37
33/37
33/37
33/37
BUSINESS AND PROFESSIONAL REGULATION
MANAGEMENT SERVICES
60BB-3.011
Adopted
Vol./No.
33/23
33/33
33/23
33/33
33/23
33/33
33/44
33/23
33/33
33/44
33/23
33/33
33/23
33/33
33/23
33/33
61-5.005
61-6.001
61A-1.010(1)
61A-2.019
61A-5.0105
61A-5.747
61A-10.001
61A-10.002
61A-10.0021
61A-10.0022
61A-10.005
61A-10.006
61A-10.007
61A-10.008
61A-10.009
61A-10.0091
61A-10.010
61A-10.011
61A-10.0111
61A-10.0112
61A-10.012
61A-10.013
61A-10.014
33/44
33/44
33/2c
31/50
33/29
33/29
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
33/38w
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
61A-10.015
61A-10.016
61A-10.017
61A-10.018
61A-10.0181
61A-10.020
61A-10.021
61A-10.026
61A-10.027
61A-10.031
61A-10.050
61A-10.051
61A-10.052
61A-10.053
61A-10.054
61A-10.055
61A-10.080
61A-10.081
61A-10.082
61A-10.083
61A-10.084
61A-10.085
61B-82.001
61B-82.002
61B-82.004
61B-82.005
61B-82.006
61B-82.007
61B-83.001
61B-83.002
61B-83.003
61B-83.004
61C-4.0161
61C-5.006
61D-7.020
61D-14.091
61D-14.092
61D-14.093
61D-14.094
61D-14.095
61G1-11.013
61G1-21.003
61G1-24.002
61G2-3.001
61G2-3.002
61G2-3.003
61G2-3.004
61G2-3.0041
61G2-3.005
61G2-3.006
61G2-3.007
61G2-3.008
61G2-3.010
61G2-3.011
61G2-3.012
61G4-12.011
32/3
32/3
32/3
32/3
33/29
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
32/3
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/44
33/26
33/44
32/48
32/48
32/48
32/48
32/48
33/43
33/27
33/27
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/32
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
Adopted
Vol./No.
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/43
33/43
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/37
33/44
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
61G4-15.0021
33/16
33/30
33/33
33/36
33/44
61G4-15.003
61G4-15.005
61G4-15.006
61G4-15.015
61G4-15.017
61G4-15.018
61G4-15.026
61G4-15.027
61G4-15.033
61G4-18.001
61G5-20.003
61G6-5.0061
61G6-6.017
61G6-7.001
61G6-10.0065
61G6-10.008
61G7-10.0014
61G7-33.0065
61G9-9.001
61G10-15.005
61G10-18.001
61G14-19.001
61G15-20.006
33/38
33/30
33/30
33/38
33/38
33/38
33/38
33/38
33/27
33/38
33/32
33/35
33/35
33/30
33/35
33/40
32/21
30/16
31/6
33/39
33/38
33/42
32/30
61G15-21.007
61G16-3.001
61G16-4.004
61G16-5.004
61G16-8.001
61G17-7.0025
61G19-6.0035
61G19-6.012
61G19-6.016
61G19-6.017
61G19-9.003
61H1-24.001
61H1-29.003
61H1-31.001
61H1-33.001
61H1-33.0032
61J1-2.001
61J1-3.001
32/32
33/36
32/46
33/11
33/35
33/43
33/33
33/41
33/39
33/41
33/36
33/39
33/39
33/31
33/39
33/31
33/42
33/40
28/41
61J1-3.002
28/41
61J1-3.004
61J1-4.001
61J1-4.003
61J1-4.005
61J1-4.010
61J1-5.001
33/42
33/27
33/27
28/41
33/40
33/42
Adopted
Vol./No.
33/37
33/44
33/44
33/38
33/37
32/39
32/48
33/33
33/24
33/41
33/39
33/38
33/38
28/43
28/46
28/43
28/46
33/42
33/42
28/43
Rule No.
Proposed
Vol./No.
61J1-6.001
61J1-7.004
61J1-7.005
33/40
28/41
28/41
61J1-8.001
61J1-8.002
61J1-11.009
61J2-1.011
61J2-1.013
61J2-3.010
61J2-5.014
33/40
33/40
32/37
33/42
33/36
33/35
32/14
61J2-10.030
61J2-14.008
61J2-17.012
61J2-24.001
33/35
33/42
28/3
33/35
Amended
Vol./No.
Adopted
Vol./No.
28/43
28/43
28/46
33/44
33/2
33/12
33/36
28/17
33/44
ENVIRONMENTAL PROTECTION
62-4.050
62-4.052
62-16.100
33/32
33/32
33/6
62-16.200
33/6
62-16.300
33/6
62-16.500
33/6
62-16.600
33/6
62-16.900
33/6
62-17.021
62-17.031
62-17.041
62-17.051
62-17.081
62-17.091
62-17.093
62-17.115
62-17.121
62-17.133
62-17.135
62-17.137
62-17.141
62-17.143
62-17.147
62-17.171
62-17.191
62-17.201
62-17.205
62-17.211
62-17.231
62-17.251
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/43
33/22
33/35
33/22
33/35
33/22
33/35
33/22
33/35
33/22
33/35
33/22
33/35
33/43
33/43
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/42
Rule No.
Proposed
Vol./No.
62-17.280
62-17.281
62-17.282
62-17.293
62-113.100
62-204.800
62-296.341
62-296.470
62-304.510
62-304.600
33/43
33/43
33/43
33/43
33/36
33/35
33/44
32/45c
29/25
31/11
31/27c
31/28c
31/28c
33/25
33/1
33/1
33/1
33/1
33/1
33/34
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/30
33/30
33/30
33/30
33/30
33/30
33/30
33/30
33/30
62-343.110
62-531.300
62-531.330
62-531.340
62-531.350
62-531.450
62-550.550
62-602.200
62-602.230
62-602.250
62-602.270
62-602.300
62-602.350
62-602.360
62-602.410
62-602.420
62-602.430
62-602.450
62-602.500
62-602.560
62-602.570
62-602.580
62-602.600
62-602.650
62-602.660
62-602.700
62-602.710
62-602.720
62-602.800
62-602.850
62-602.870
62-602.880
62-602.900
62-610.100
62-610.200
62-610.300
62-610.419
62-610.451
62-610.471
62-610.568
62-610.800
62-610.870
Amended
Vol./No.
Adopted
Vol./No.
33/41
33/44w
33/30
33/41
33/41
33/40
33/41
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/39
33/39
33/40
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
Rule No.
Proposed
Vol./No.
62-620.100
33/36
33/44
33/20
33/20
33/20
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
62-699.200
62-699.310
62-699.311
62-770.220
62-770.900
62-780.220
62-780.900
62-782.220
62-782.900
62-785.220
62-785.900
Amended
Vol./No.
33/35
33/35
33/35
Adopted
Vol./No.
Rule No.
Proposed
Vol./No.
33/44
63E-7.006
63E-7.007
63E-7.008
63E-7.009
63E-7.012
63E-7.014
63E-7.015
63H-2.003
33/27
33/27
33/27
33/27
33/33
33/33
33/33
33/31
33/41
33/41
33/41
33/42
33/42
33/42
33/42
33/42
33/42
33/42
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/26
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/33
33/35
33/35
33/35
33/35
33/23
33/23
33/23
33/23
33/23
Adopted
Vol./No.
33/39
HEALTH
64-1
64-3.010
64-3.020
64-3.030
64-3.040
64-3.050
64-3.060
64-3.070
64-3.080
64A-1.205
64B-1.009
64B-3.004
64B-5.003
64B-9.001
64B-11.001
64B1-4.001
64B1-7.0015
64B2-11.001
64B2-11.004
64B2-12.012
64B2-13.004
64B2-13.007
64B2-15.002
JUVENILE JUSTICE
63D-3.001
63D-3.002
63D-3.003
63D-3.004
63D-3.005
63D-3.006
63D-3.007
63D-7.001
63D-7.002
63D-7.003
63D-7.004
63D-7.005
63D-7.006
63D-7.007
63D-7.008
63D-7.009
63E-3.001
63E-3.002
63E-3.003
63E-3.004
63E-3.005
63E-3.006
63E-3.007
63E-3.008
63E-3.009
63E-3.010
63E-3.011
63E-3.012
63E-3.013
63E-3.014
63E-3.015
63E-6.002
63E-6.003
63E-6.006
63E-6.012
63E-7.001
63E-7.002
63E-7.003
63E-7.004
63E-7.005
Amended
Vol./No.
33/40
33/40
33/40
33/40
33/40
33/33
33/33
33/33
33/33
33/39
33/39
33/39
33/39
33/39
64B2-16.0075
64B3-5.0011
64B3-5.004
64B3-11.005
64B3-12.002
64B4-22.110
64B5-2.013
64B5-13.0046
64B5-15.010
64B5-15.030
64B7-32.003
64B8-9.0091
64B8-9.015
64B8-30.005
64B8-30.0151
64B8-30.0152
64B8-30.019
64B8-31.0101
64B8-31.0102
64B8-31.012
64B8-36.003
30/29c
33/11
33/11
33/11
33/11
33/11
33/11
33/11
33/11
33/22c
25/39
33/41
31/21
33/36
33/42
33/44
33/44
33/20
33/40
33/40
33/37
33/40
31/49
33/37
33/30
33/37
33/39
33/10
33/10
33/30
33/40
33/44
27/30
33/32
33/32
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/35
33/39
33/43
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
26/1
32/21
33/44
33/37
33/37
33/39
33/42w
33/43
33/44
33/37w
33/43
33/35
33/42
33/43
33/43
33/42
Rule No.
Proposed
Vol./No.
64B8-41.001
64B8-42.002
64B8-50.0095
64B8-52.004
64B8-56.002(2)(a)
64B9-2.001
64B9-2.002
64B9-3.002
64B9-3.014
64B9-4.010
64B9-4.015
64B9-8.009
64B9-9.015
64B9-15.003
64B9-15.009
64B9-17.001
64B9-17.002
64B10-11.002
64B10-12.002
64B10-12.009
64B10-14.006
64B10-15.001
64B10-15.002
64B10-16.001
64B11-2.011
64B11-3.010
64B12-16.003
64B13-3.007
64B13-3.009
64B13-3.010
64B13-4.001
64B13-15.009
64B14-1.004
64B15-6.0035
64B15-6.0112
64B15-6.0113
64B15-6.013
64B15-7.0101
64B15-7.0102
64B15-7.012
64B15-9.007
64B15-12.003
64B15-12.0075
64B15-14.006
64B16-26.1001
64B16-26.1004
64B16-26.103
64B16-26.402
64B16-26.600
64B16-26.601
64B16-26.6011
64B16-27.100
64B16-27.1001
64B16-27.1003
33/39
33/41
33/36c
33/36c
33/36c
33/34
32/19
33/39
33/34
33/39
33/39
32/23
32/24
33/34
33/30
33/8c
33/8c
33/34
33/33
33/33
33/34
33/34
33/34
33/34
33/34
33/34
33/35
33/34
33/34
33/34
33/34
33/34
33/30
33/35
33/35
33/35
33/35
33/35
33/35
33/39
33/26
33/39
33/38
33/35
33/35
33/35
33/21
30/52
33/21
33/21
30/52
30/50
30/50
30/50
Amended
Vol./No.
Adopted
Vol./No.
33/41
33/42
33/41w
32/51
33/42
33/44
33/41
33/41
33/42
33/42
33/42
33/42
33/44
33/44
33/44
33/44
33/37
33/43w
33/44
33/43
33/43
33/44w
31/20
32/52
31/20
32/52
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
64B16-27.103
64B16-27.104
64B16-27.210
64B16-27.211
64B16-27.220
64B16-27.300
64B16-27.410
64B16-27.500(6)
64B16-27.530
64B16-27.615
64B16-27.700
64B16-27.797
64B16-27.831
64B16-28.451
64B16-28.900
64B16-28.902
64B18-14.002
64B18-14.009
64B18-14.010
64B19-18.004
64B19-18.008
64B20-2.003
64B21-503.005
64B24-2.001
64B24-2.004
64B24-3.002
64B24-3.010
64B32-6.001
64B32-6.004
64D-4.002
64E-2.007
64E-2.008
64E-2.009
64E-2.0094
64E-2.023
64E-2.024
64E-2.025
64E-2.026
64E-2.027
64E-2.028
64E-2.029
64E-2.036
64E-5.101
64E-5.11072
64E-5.1501
64E-5.1502
64E-5.206
64E-5.210
64E-5.216
64E-5.350
64E-5.351
64E-5.430
64E-5.440
64E-5.441
64E-6.030
30/50
30/50
30/50
30/50
30/50
30/50
30/50
33/36c
30/50
30/50
30/50
33/15
30/50
32/45
31/23
31/23
33/33
33/33
33/33
33/39
33/13
33/38
33/38
33/37
33/37
33/36
33/34
33/9
33/32
33/31
33/27
33/27
33/27
33/27
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/27
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/31
32/52
31/20
31/20
Adopted
Vol./No.
31/2
33/44w
33/15
31/30
31/30
33/41
33/44w
33/44w
33/40
33/40
33/17
33/43
33/34
33/34
33/34
33/34
33/44
33/42
33/43
33/40
33/37
33/41
33/41
33/41
33/41
33/34
33/41
33/36
33/39
33/38
Rule No.
Proposed
Vol./No.
64E-7.001
64E-7.002
64E-7.003
64E-7.004
64E-7.005
64E-7.006
64E-12.001
64E-12.002
64E-12.003
64E-12.004
64E-12.005
64E-12.006
64E-12.008
64E-12.009
64E-12.011
64E-12.012
64E-12.013
64E-14.002
64E-14.003
64E-14.004
64E-14.005
64E-14.006
64E-14.007
64E-14.009
64E-14.0095
64E-14.010
64E-14.013
64E-14.015
64E-14.016
64E-14.017
64E-14.018
64E-14.020
64E-14.021
64E-14.023
64E-14.024
64F-1.0015
64F-12.001
64F-12.011
64F-12.012
64F-12.013
64F-17.001
64F-19.001
64F-19.002
64F-19.003
64F-19.004
64F-19.005
64F-19.006
64F-19.007
64F-19.008
64F-19.009
64F-19.010
64F-19.011
64F-20.001
64F-20.002
64F-21.001
64H-1.001
33/37
33/37
33/37
33/37
33/37
33/37
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/36
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/29
33/41
33/31
33/7
33/31
33/31
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/20
33/20
33/35
33/36
Amended
Vol./No.
Adopted
Vol./No.
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
Adopted
Vol./No.
CHILDREN AND FAMILY SERVICES
65-1
33/38
33/32
33/39
33/32
33/38
33/38
33/43
65A-1.301
65A-1.400
65A-1.601
30/6c
30/9c
30/15c
32/2c
32/2c
33/33
31/27c
28/11
65A-1.704
65A-1.705
65A-1.708
65A-1.712
33/33
33/33
33/26
33/8
65A-1.713
65A-4.213
65A-4.216
65A-15.005
65A-15.0095
65A-15.062
65B-27.017
65C-5.001
65C-5.002
65C-5.003
65C-5.004
65C-5.005
65C-5.006
65C-5.007
65C-5.008
65C-5.009
65C-5.010
65C-5.011
65C-13.001
65C-13.002
65C-13.003
65C-13.004
65C-13.005
65C-13.006
65C-13.007
65C-13.008
65C-13.009
65C-13.010
65C-13.011
65C-13.012
65C-13.013
65C-13.014
65C-13.015
65C-13.016
65C-13.017
65C-13.018
65C-13.019
33/26
25/32
25/32
32/9
26/4
32/9
32/9
32/29
32/29
32/29
32/29
32/29
32/29
32/29
32/29
32/29
32/29
32/29
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
28/23
28/31
28/41
33/18
33/24
33/30
33/36
33/41
33/43
33/43
33/43
33/43
33/41
32/37
32/37
32/37
32/37
32/37
32/37
32/37
32/37
32/37
32/37
32/37
Rule No.
Proposed
Vol./No.
65C-13.020
65C-13.021
65C-13.022
32/48
32/48
32/48
65C-13.023
32/48
65C-13.024
32/48
65C-13.025
32/48
65C-13.026
32/48
65C-13.027
32/48
65C-13.028
32/48
65C-13.029
32/48
65C-13.030
32/48
65C-13.031
32/48
65C-13.032
32/48
65C-13.033
32/48
65C-13.034
32/48
65C-15.001
65C-15.002
65C-15.003
65C-15.0035
65C-15.004
65C-15.005
65C-15.006
65C-15.010
65C-15.011
65C-15.012
65C-15.013
65C-15.014
65C-15.015
65C-15.016
65C-15.017
65C-15.018
65C-15.019
65C-15.020
65C-15.021
65C-15.022
65C-15.023
65C-15.024
65C-15.025
65C-15.026
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
Amended
Vol./No.
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/33
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
Adopted
Vol./No.
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
65C-15.027
65C-15.028
65C-15.029
65C-15.030
65C-15.031
65C-15.032
65C-15.033
65C-15.034
65C-15.035
65C-15.036
65C-15.037
65C-15.038
65C-16.008
65C-20.008
65C-20.009
65C-20.010
65C-20.011
65C-20.012
65C-20.013
65C-20.014
65C-21.001
65C-22.001
65C-22.003
65C-22.004
65C-22.006
65C-22.007
65C-22.008
65C-22.009
65C-22.010
65C-32.001
65C-32.002
65C-32.003
65C-32.004
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/48
32/4
33/33
33/33
33/33
33/33
33/33
33/33
33/33
23/20
33/33
33/33
33/33
33/33
29/9
33/33
33/33
33/33
33/19
33/19
33/19
33/19
33/20
65C-32.005
33/19
65C-32.006
65C-32.007
65C-32.008
65E-2.003
65G-1.010
65G-1.046
65G-1.047
65G-7.001
65G-7.002
65G-7.003
65G-7.004
65G-7.005
65G-7.006
65G-7.007
65G-7.008
65G-7.009
33/19
33/19
33/19
26/20
33/5
33/5
33/5
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
Adopted
Vol./No.
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/20
33/32
33/32
33/32
33/32
33/38
33/32
33/38
33/32
33/32
33/32
26/28
33/26
33/26
33/26
33/37
33/37
33/37
Rule No.
Proposed
Vol./No.
Amended
Vol./No.
Adopted
Vol./No.
NAVIGATION DISTRICTS
66B-1.001
31/50
67-4.032
67-18.005
67-21.019
67-32.009
67-38.002
67-38.0026
67-38.003
67-38.004
67-38.005
67-38.007
67-38.008
67-38.010
67-38.011
67-38.014
67-48.002
67-53.005
67-57.001
67-57.005
67-57.010
67-57.020
67-57.030
67-57.040
67-57.050
67-57.060
67-57.070
67-57.080
67-58.001
67-58.002
67-58.003
67-58.004
67-58.005
67-58.006
67-58.010
67-58.015
67-58.020
67-58.030
67-58.040
67-58.050
67-58.060
67-58.070
67-58.080
67-58.090
67-58.100
67-58.110
29/9
28/42
24/46
24/28
33/31
33/31
33/31
33/31
33/31
33/31
33/31
33/31
33/31
33/31
30/39
33/39
33/28
33/28
33/28
33/28
33/28
33/28
33/28
33/28
33/28
33/28
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
33/39
29/45
24/46
33/36
33/44
33/44
33/44
33/1
Proposed
Vol./No.
Amended
Vol./No.
68A-6.0024
68A-6.003
68A-6.007
68A-6.0071
68A-6.0072
68A-13.003
68A-23.005
68A-24.003
68A-24.004
68A-24.0055
68A-24.006
33/32
33/44
33/44
33/44
33/44
33/44
30/1
28/17
28/17
30/1
28/17
30/1
30/1
33/32
33/44
33/32
33/44
33/32
33/39
27/31
32/18
32/18
32/18
32/18
32/18
32/18
32/18
32/18
32/18
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/6
33/6
33/6
33/6
26/13
68A-24.009
68A-27.003
68A-27.004
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
68A-27.005
68BER07-1
68B-13.008
68B-23.101
68B-23.103
68B-23.104
68B-23.106
68B-23.107
68B-23.108
68B-23.109
68B-23.110
68B-23.112
68B-44.004
68B-44.005
68B-45.002
68B-45.004
68B-55.001
68B-55.002
68B-55.004
68B-55.005
68D-24.109
68E-1.002
68E-1.004
68E-1.0041
68E-1.005
Adopted
Vol./No.
33/39w
33/39
33/44
33/44
33/27
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/41
33/44
33/41
33/41
33/41
33/41
FINANCIAL SERVICES
FISH AND WILDLIFE CONSERVATION COMMISSION
68-1.001
68-1.008
68-1.009
68A-6.0022
Rule No.
33/11
69-1
69A-46.010
69A-46.015
69A-46.016
69A-46.0165
69A-46.017
69A-46.040
69A-46.041
69A-60.006
69A-62.001
69A-62.002
30/42c
33/10
33/10
33/10
33/10
33/10
33/10
33/10
33/9
29/44
29/44
33/33
33/33
33/33
33/33
29/46
29/46
33/43w
33/43w
33/43w
33/43w
33/43w
33/43w
33/43w
Rule No.
Proposed
Vol./No.
69B-33.005(3)(a)
32/32c
32/32c
32/32c
32/32c
33/39
32/45
33/13
33/13
33/13
33/13
33/13
33/13
33/13
33/13
33/13
33/13
33/13
33/24
33/24
33/38
33/38
33/30
33/25
33/30
33/3
31/23
32/45c
31/3
29/52c
69B-41.002(19)
69B-240.001
69J-7.004
69J-8.001
69J-8.002
69J-8.003
69J-8.004
69J-8.005
69J-8.006
69J-8.007
69J-8.008
69J-8.009
69J-8.010
69J-8.011
69K-1.001
69K-5.0101
69L-6.009
69L-6.012
69L-6.027
69L-6.035
69L-7.020
69L-7.501
69L-7.602
69L-7.602(5)(q)
69L-56.530
69M-1
69OER07-3
69O-1
69O-125.003
69O-125.005
69O-125.006
69O-137.001
69O-137.013
69O-138.001
69O-139.019
69O-142.200
69O-143.041
69O-143.042
69O-149.002
69O-149.003
69O-149.005
69O-149.007
69O-157.301
69O-157.302
69O-157.303
69O-157.304
Amended
Vol./No.
33/35
33/26
Adopted
Vol./No.
33/37w
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
33/44
69O-162.203
69O-164.030
69O-167.015
69O-170.006
69O-170.020
69O-171.002
69O-171.003
33/30
33/30
33/21
31/32c
32/5
33/38
32/8
33/44
69O-171.008
69O-171.009
32/23c
33/38
32/8
69O-175.001
69O-175.003
69O-186.003
33/41
33/40
33/41
33/39
69O-186.013
32/7
33/25
33/43
Amended
Vol./No.
69O-186.003(1)(c)
69O-186.005
33/43
33/32
33/32
33/32
33/32
Proposed
Vol./No.
33/39
33/26
31/37c
31/37c
33/24
31/6
31/26
33/26
33/36c
33/26
33/36c
33/41
32/26
33/41
33/10
33/27
33/41
33/41
33/31
33/36
33/38
33/38
33/38
33/23
33/23
33/23
33/23
Rule No.
33/44w
33/44w
33/44w
33/43
33/43
33/43
33/43
69O-186.017
69O-203.202
69O-203.204
69O-203.205
69O-203.210
69V-40.001
69V-40.002
69V-40.008
69V-40.015
69V-40.020
69V-40.021
69V-40.022
69V-40.025
69V-40.027
69V-40.0271
69V-40.028
69V-40.0281
69V-40.029
69V-40.031
69V-40.043
69V-40.051
69V-40.053
69V-40.058
69V-40.099
69V-40.100
69V-40.105
69V-40.156
69V-40.160
69V-40.165
69V-40.170
69V-40.177
69V-40.200
32/23c
31/2c
31/26
31/22
33/25
33/36c
31/22
33/25
32/40
33/8c
33/41
33/18
33/18
33/18
32/33
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
Adopted
Vol./No.
33/43
32/12
33/10
33/14
33/35
32/32
33/20
33/44w
33/38d
33/44w
33/29
33/43
33/43
33/43
Rule No.
Proposed
Vol./No.
69V-40.205
69V-40.220
69V-40.225
69V-40.240
69V-40.242
69V-40.265
69V-40.270
69V-40.285
69V-50.055
69V-50.058
69V-50.070
69V-60.060
69V-60.065
69V-60.070
69V-70.050
69V-70.055
69V-70.060
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/40
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
Amended
Vol./No.
Adopted
Vol./No.
Rule No.
Proposed
Vol./No.
69V-80.003
69V-80.015
69V-80.050
69V-80.060
69V-85.002
69V-85.003
69V-85.004
69V-85.005
69V-85.200
69V-160.024
69V-160.030
69V-160.031
69V-160.032
69W-600.002
69W-600.006
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/32
33/40
33/40
Amended
Vol./No.
Adopted
Vol./No.
33/43
33/43
33/43
33/43

Section I Notices of Development of Proposed Rules and Negotiated

Transcription

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