Florida Administrative Register - Section I Notice of ......Florida Administrative Register Volume...

Florida Administrative Register Volume 46, Number 71, April 10, 2020

1489

Section I

Notice of Development of Proposed Rules

and Negotiated Rulemaking

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-14.0306: Death Benefits for Survivors of First

Responders and Military Members

PURPOSE AND EFFECT: To outline the procedures to

provide educational death benefits to eligible spouses and

dependents of firefighters, paramedics, emergency medical

technicians, law enforcement officers, correctional officers,

correctional probation officers, and members of the Florida

National Guard and United States Armed Forces who are killed

while performing official duties. Florida College System (FCS)

institutions, school district career centers and charter technical

career centers currently offer tuition waivers to spouses and

dependents of deceased law enforcement, correctional, and

correctional probation officers identified in section 112.19(3),

F.S., and firefighters identified in section 112.191(3), F.S. In

2019, Senate Bill 7098 (Chapter No. 2019-24, Laws of Florida)

amended those statutes and expanded those benefits to include

spouses or dependents of deceased first responders and

members of the Florida National Guard and United States

Armed Forces. A rule is warranted to outline procedures to

implement the new requirements.

SUBJECT AREA TO BE ADDRESSED: Educational benefits

to spouses or dependents of deceased first responders and

members of the Florida National Guard and United States

Armed Forces.

RULEMAKING AUTHORITY: 112.19(5), 112.191(5),

112.1912(2), 295.01(4), 1001.02 (2)(n), F.S.

LAW IMPLEMENTED: 112.19(3), 112.191(3), 112.1912(2),

295.01, F.S.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 6, 2020; 2:00 p.m.

PLACE: Via Webinar. Please register at

https://attendee.gotowebinar.com/register/8679250526525370

892. After registering, you will receive a confirmation email

containing information about joining the webinar.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT AND A COPY OF

THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Shanna

Autry, Ed.D., Director of Student Affairs, Division of Florida

Colleges, [email protected] or (850)245-9488. To

comment on this rule development, please go to

https://web02.fldoe.org/rules or contact: Chris Emerson,

Director, Office of Executive Management, Department of

Education, (850)245-9601 or email

[email protected].

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS: Available at

https://web02.fldoe.org/rules prior to May 6th.

Section II

Proposed Rules




6A-4.0172: Specialization Requirements for

Certification in the Area of Hearing

Impaired (Grades K-12) - Academic Class

PURPOSE AND EFFECT: To align the rule language to reflect

current acceptable terminology.

SUMMARY: Update terminology to reflect the preferred terms

and highlighting that language development knowledge is

required in both English and American Sign Language.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS AND LEGISLATIVE

RATIFICATION:

The Agency has determined that this will not have an adverse

impact on small business or likely increase directly or indirectly

regulatory costs in excess of $200,000 in the aggregate within

one year after the implementation of the rule. A SERC has not

been prepared by the Agency.

The Agency has determined that the proposed rule is not

expected to require legislative ratification based on the

statement of estimated regulatory costs or if no SERC is

required, the information expressly relied upon and described

herein: Based upon the nature of the changes, this proposed rule

is not expected to have any adverse impact on economic

growth, business competitiveness or any other factors listed in

s. 120.541(2)(a), F.S., and will not require legislative

ratification. No increase in regulatory costs are anticipated as a

result of the rule changes.

Any person who wishes to provide information regarding a

statement of estimated regulatory costs, or provide a proposal

for a lower cost regulatory alternative must do so in writing

within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02, 1012.55, 1012.56,

F.S.

LAW IMPLEMENTED: 1001.02, 1012.54, 1012.55, 1012.56,

F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND

PLACE SHOWN BELOW:

DATE AND TIME: May 13, 2020, 9:00 a.m.

PLACE: Conference call 1(888)220-8451, confirmation code

697978.

https://www.flrules.org/gateway/department.asp?id=6

https://www.flrules.org/gateway/organization.asp?id=195

https://www.flrules.org/gateway/ruleNo.asp?id=6A-14.0306

https://www.flrules.org/gateway/statute.asp?id=112.19(5)

https://www.flrules.org/gateway/statute.asp?id=%20112.191(5)



https://www.flrules.org/gateway/statute.asp?id=%201001.02%20(2)(n)




https://www.flrules.org/gateway/statute.asp?id=%20295.01




https://www.flrules.org/gateway/statute.asp?id=1001.02








1490


PROPOSED RULE IS: Monica Verra-Tirado, Ed.D., Chief,

Bureau of Exceptional Education and Student Services, 325

West Gaines Street, Tallahassee, FL 32399-0400, 850-245-

0475.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-4.0172 Specialization Requirements for Certification

in the Area of Deaf or Hard of Hearing Impaired (Grades K-12)

– Academic Class.

(1) Plan One. A bachelor’s or higher degree with an

undergraduate or graduate major in deaf education hearing

impaired; or

(2) Plan Two. A bachelor’s or higher degree with thirty

(30) semester hours in exceptional student education to include

credit in the areas specified below:

(a) Foundations of exceptional student education to include

historical perspectives, student characteristics, and trends and

issues;

(b) Educational management of exceptional students to

include classroom organization, behavior management, and

consultation skills;

(c) Audiology, anatomy and physiology of human speech

and auditory mechanisms, including assessment, amplification,

and assistive listening devices;

(d) Introduction to education of students who are deaf or

hard of hearing hearing impaired to include the nature and

needs of students who are deaf or hard of hearing hearing

impaired or deaf or hard of hearing with additional disabilities

and multi-handicapped students, trends and issues, family

support and intervention, and community resources;

(e) Language development to include the application of

English and American Sign Language linguistics,

psycholinguistics, and sociolinguistics to the education of

hearing impaired students who are deaf or hard of hearing,

including ages birth to five (5) years;

(f) Auditory development and learning to include methods

of auditory learning, assessment, and techniques for evaluating

the acoustic environment;

(g) Manual communication to include manually coded

English and American Sign Language.

(h) Instructional strategies for teaching students who are

deaf or hard of hearing hearing impaired to include credit in the

following:

1. Teaching language to include instructional procedures to

effect language learning to students who are deaf or hard of

hearing hearing impaired including ages birth to age five (5)

years;

2. Speech development to include production and

transmission of speech and instructional and assessment

strategies to facilitate the development of speech skills for

students who are deaf or hard of hearing hearing impaired

including ages birth to age five (5) years;

3. Teaching reading to students who are deaf or hard of

hearing hearing impaired to include theories, curricular

adaptations, and assessment;

4. Teaching mathematics, science, and social studies to

students who are deaf or hard of hearing hearing impaired to

include procedures for curricular adaptations; and,

5. Teaching social and personal skills for students who are

deaf or hard of hearing hearing impaired to include

employability skills, career awareness, and transition planning

for adult living.

Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law

Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-

1-92, Amended 7-17-00,

NAME OF PERSON ORIGINATING PROPOSED RULE:

Jacob Oliva, Chancellor, Division of Public Schools.

NAME OF AGENCY HEAD WHO APPROVED THE

PROPOSED RULE: Richard Corcoran, Commissioner,

Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY

HEAD: April 02, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT

PUBLISHED IN FAR: March 17, 2020




6A-6.0571: Career and Technical Education and Adult

General Education Standards and Industry-

Driven Benchmarks

PURPOSE AND EFFECT: To adopt the secondary and

postsecondary career education programs prescribed in

Sections 1004.92 and 1011.80, Florida Statutes, and listed as

follows: “Agriculture, Food & Natural Resources,”

“Architecture & Construction,” “Arts, A/V Technology &

Communication,” “Business, Management & Administration,”

“Education & Training,” “Energy,” “Finance,” “Government &

Public Administration,” “Health Science,” “Hospitality &

Tourism,” “Human Services,” “Information Technology,”

“Law, Public Safety & Security,” “Manufacturing,”

“Marketing, Sales & Service,” “Engineering and Technology

Education,” “Transportation, Distribution & Logistics,” and

“Additional CTE Programs/Courses,” all of which fall under

the umbrella of the “Career and Technical Education Programs,

Academic Year 2020-2021.” In addition, to adopt the “Adult

General Education Standards and Curriculum Frameworks

2020-2021.”





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SUMMARY: The Department is responsible for developing

program standards and industry-driven benchmarks for career

and technical education and adult general education programs.

The criteria for qualification of individual courses for inclusion

in secondary and postsecondary career education programs and

adult general education programs prescribed in Workforce

Education programs are annually adopted by the State Board

and are published by the Commissioner on the Department’s

website. These criteria are hereby incorporated by this rule and

made a part of the rules of the State Board.



RATIFICATION:










herein: The Career and Technical Education Standards and

Industry-Driven Benchmarks and Adult General Education

Standards provide secondary and postsecondary district

institutions and the state college institutions a framework for

providing these educational programs. These frameworks

contain rigorous standards and benchmarks determined to be

necessary for student success in college and careers in the

selected programs. The adverse impact or regulatory cost, if

any, does not exceed nor would be expected to exceed any one

of the economic analysis criteria set forth in Section

120.541(2)(a), Florida Statutes and will not require legislative

ratification.





RULEMAKING AUTHORITY: 1001.02, 1004.92, F.S.

LAW IMPLEMENTED: 1004.92, F.S.


PLACE SHOWN BELOW:

DATE AND TIME: May 13, 2020, 9 a.m.


697978.


PROPOSED RULE IS: Kathleen Taylor, Division of Career

and Adult Education, 325 West Gaines Street, #714,

Tallahassee, FL 32399-0400, (850)245-9062, FAX – (850)245-

9065.


6A-6.0571 Career and Technical Education and Adult

General Education Standards and Industry-Driven

Benchmarks.

(1) Section 1004.92, F.S., requires the Department of

Education to develop program standards and industry-driven

benchmarks for career and technical education and adult and

community education programs. The criteria for qualification

of individual courses for inclusion in the classification of

secondary career education programs prescribed in section

1011.80, F.S., or Workforce Development Education programs

as prescribed in section 1011.62, F.S., are annually adopted by

the State Board and shall be published by the Commissioner in

the documents titled, as follows:

“Agriculture, Food & Natural Resources,”

“Architecture& Construction,”

“Arts, A/V Technology & Communication,”

“Business, Management & Administration,”

“Education& Training,”

“Energy,”

“Finance,”

“Government& Public Administration,”

“Health Science,”

“Hospitality& Tourism,”

“Human Services,”

“Information Technology,”

“Law, Public Safety & Security,”

“Manufacturing,”

“Marketing, Sales & Service,”

“Engineering and Technology Education,”

“Transportation, Distribution & Logistics,” and

“Additional CTE Programs/Courses,” all of which fall under

the umbrella of the “Career and Technical Education Programs,

Academic Year 2020-2021 2019-2020 Curriculum

Frameworks by Career Cluster

(http://www.flrules.org/Gateway/reference.asp?No=Ref-

09270),” or in the document “Adult General Education

Standards and Curriculum Frameworks 2020-2021 2019-2020


09271).” These criteria are hereby incorporated by reference in

this rule. Copies of these publications may be obtained from the

Division of Career and Adult Education, Department of

Education, The Turlington Building, 325 West Gaines Street,

Tallahassee, FL 32399 or from the Department’s website at

http://www.fldoe.org/academics/career-adult-edu/career-tech-

edu/curriculum-frameworks/2020-21-frameworks

http://www.fldoe.org/academics/career-adult-edu/career-tech-

edu/curriculum-frameworks/2019-20-frameworks and

http://www.fldoe.org/academics/career-adult-edu/adult-

edu/2020-2021-adult-edu-curriculum-framewo.stml




http://www.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-frameworks/2020-21-frameworks

http://www.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-frameworks/2020-21-frameworks

http://www.fldoe.org/academics/career-adult-edu/adult-edu/2020-2021-adult-edu-curriculum-framewo.stml

http://www.fldoe.org/academics/career-adult-edu/adult-edu/2020-2021-adult-edu-curriculum-framewo.stml


1492

http://www.fldoe.org/academics/career-adult-edu/adult-

edu/2019-2020-adult-edu-curriculum-framewo.stml.

(2) Commissioner of Education waiver authority. The

Commissioner of Education may approve a school’s waiver

request submitted by a district school board or the Florida

College System Institution’s board of trustees to allow the

school or institution to substitute locally approved intended

outcomes for State Board approved outcomes included in the

documents titled as follows: “Agriculture, Food & Natural

Resources,” “Architecture & Construction,” “Arts, A/V

Technology & Communication,” “Business, Management &

Administration,” “Education & Training,” “Energy,”

“Finance,” “Government & Public Administration,” “Health

Science,” “Hospitality & Tourism,” “Human Services,”

“Information Technology,” “Law, Public Safety & Security,”

“Manufacturing,” “Marketing, Sales & Service,” “Engineering

and Technology Education,” “Transportation, Distribution &

Logistics,” and “Additional CTE Programs/Courses,” all of

which fall under the umbrella of the “Career and Technical

Education Programs, Academic Year 2020-2021 2019-2020

Curriculum Frameworks by Career Cluster” and “Adult

General Education Standards and Curriculum Frameworks

2020-2021 2019-2020,” provided that:

(a) through (c) No change.

Rulemaking Authority 1001.02, 1004.92(2)(b)3, 1003.4282 (11), F.S.

Law Implemented 1004.92(2)(b)4; 1003.4282. FS. History–New 10-

30-78, Amended 10-23-79, 5-29-80, 7-9-81, 7-6-82, 5-29-83, 6-14-84,

7-10-85, Formerly 6A-6.571, Amended 7-9-86, 7-22-87, 8-30-88, 7-

31-90, 7-31-91, 7-31-92, 7-31-93, 7-31-94, 4-30-96, 1-23-00, 7-21-08,

4-21-09, 5-3-10, 10-25-11, 6-18-12, 5-21-13, 5-18-14, 5-19-15, 6-23-

16, 4-25-17, 4-30-18, 9-18-18,


Henry Mack, Chancellor, Division of Career and Adult

Education.











6A-6.0573: Industry Certification Process.

PURPOSE AND EFFECT: To amend the rule to adopt updated

funding weights for industry certifications on the 2019-2020

CAPE Industry Certification Funding List. This amendment

will ensure that appropriate weights, in accordance with the

provisions of s. 1011.62(1)(o), F.S., are included on the CAPE

Industry Certification Funding List.

SUMMARY: The amendment includes adoption by reference

of the industry certification recommendations from

CareerSource Florida and revisions to the rule and to a

document incorporated by reference, 2019-2020 CAPE

Industry Certification Funding List, Updated. The State Board

of Education is adopting new articulation agreements in Rule

6A-10.0401, F.A.C. The addition of these agreements impacts

the funding weight that should be assigned to the industry

certification, as specified in s. 1011.62(1)(o), F.S. This statute

specifies that a value of 0.2 full-time equivalent membership

shall be calculated for each student who is issued an industry

certification that has a statewide articulation agreement for

college credit approved by the State Board of Education. The

2019-2020 CAPE Industry Certification Funding List is

updated to change the funding weight from 0.1 to 0.2 for eleven

certifications for which the State Board of Education is

adopting articulation agreements for college credit.



RATIFICATION:










herein: This is because the amendment authorizes additional

industry certifications which school districts are provided

incentives to offer. These certifications have been evaluated to

be rigorous and tied to the statewide occupational demand in

Florida. This proposed rule is not expected to have any adverse

impact on economic growth, business competitiveness or any

other factors listed in s. 120.541(2)(a), F.S. and will not require

legislative ratification. No increase in regulatory costs are

anticipated as a result of this amendment.





RULEMAKING AUTHORITY: 1003.492(2), 1008.44, F.S.

LAW IMPLEMENTED: 1003.492, 1003.493, 1008.44,

1011.62(1)(o), F.S.


PLACE SHOWN BELOW:










https://www.flrules.org/gateway/statute.asp?id=%201011.62(1)(o)


1493


697978.


PROPOSED RULE IS: Tara Goodman, Bureau Chief, Division

of Career and Adult Education, 325 West Gaines Street, suite

744, Tallahassee, Florida 32399-0400; phone (850)245-9001;

[email protected].


6A-6.0573 Industry Certification Process.

(1) Purpose. The purpose of this rule is to specify the

procedures and timelines for implementation of an industry

certification process.

(2) No change.

(3) Adoption of the 2019-20 2018-2019 CareerSource

Florida Recommendations. CareerSource Florida’s list of

recommended industry certifications

(https://www.flrules.org/Gateway/reference.asp?No=Ref-

10026), is adopted by the State Board of Education and

incorporated by reference in this rule. The list may be obtained

from the Department of Education, Room 744, Turlington

Building, 325 West Gaines Street, Tallahassee, FL 32399.

(4) No change.

(5) Adoption of an annual “CAPE Industry Certification

Funding List.” The “CAPE Industry Certification Funding List”

is composed of industry certifications, certificates, and courses

as specified in sections 1008.44 and 1011.62(1), F.S.

(a) The list includes the following certifications and

certificates:

1. “CAPE Industry Certifications,”

2. “CAPE Acceleration Industry Certifications;” and,

3. “CAPE Digital Tool Certificates.”

(b) This list will be known as the “2019-2020 CAPE

Industry Certification Funding List, Updated”


11176) published by the Department of Education and is

incorporated by reference in this rule. The list may be obtained

from the Department of Education, Room 744, Turlington

Building, 325 West Gaines Street, Tallahassee, FL 32399.

(6) through (18) No change.

Rulemaking Authority 1001.02, 1003.4203(9), 1003.492(3), 1008.44,

1011.62(1) FS. Law Implemented 1003.4203, 1003.492, 1003.493,

1003.4935, 1008.44, 1011.62(1), 1012.796 FS. History–New 10-20-

08, Amended 8-18-09, 6-22-10, 6-21-11, 10-25-11, 8-23-12, 3-25-13,

11-3-13, 6-25-14, 11-4-14, 5-19-15, 9-30-15, 7-26-16, 10-30-16, 4-25-

17, 10-17-17, 6-19-18, 11-28-18, 2-19-19, 6-25-19, 10-24-19.



Education.











6A-10.0401: Gold Standard Career Pathways Articulation

Agreements

PURPOSE AND EFFECT: To adopt the 2019-2020 Statewide

Gold Standard Career Pathways Articulation Agreements.

SUMMARY: Since 2008, the State Board of Education (SBOE)

has approved Gold Standard Career Pathways Articulation

Agreements (GSCPAA) as recommended by the Articulation

Coordinating Committee (ACC). Students who enroll in an AS

or AAS degree program at a state college and have earned an

industry certification with an articulation agreement in an

applicable AS or AAS degree will earn credit toward the

applicable degree. State colleges that offer degree programs

with an articulation agreement will award the minimum

guaranteed credit to students who have earned the related

industry certification, as specified in the agreement.

Each year, pursuant to Rule 6A-6.0573, F.A.C., new industry

certifications are added to the approved CAPE Industry

Certification Funding List. These articulation agreements are

vetted by the faculty of Florida College System institutions that

offer the corresponding Associate in Science (AS) or Associate

in Applied Science (AAS) degree programs to reach a

consensus on the number of college credits to be awarded for

the industry certification toward the applicable degree program.

The proposed articulation agreements are submitted to the ACC

for review and approval and then submitted to the SBOE for

final approval through rule adoption. Once approved, they are

published on the Agency’s website:

http://fldoe.org/academics/career-adult-edu/career-technical-

edu-agreements/industry-certification.stml. District career

centers and colleges are notified of the agreements, and data

reporting systems at the Community College and Technical

Center Management Information System (CCTCMIS) are

updated. Currently, there are 143 active agreements. For the

2019-2020 academic year, 13 new agreements have been

developed that are aligned with 11 new industry certifications

on the 2019-2020 CAPE Industry Certification Funding List.



RATIFICATION:

http://www.flrules.org/Gateway/reference.asp?No=Ref-11176






1494










herein: The Agency has determined that the information

expressly relied upon and described herein will have no

regulatory cost and no negative economic impact. Through the

incorporation of articulation agreements, the proposed rule will

require state colleges to recognize uniform credits earned by

students having obtained industry certification in specified

fields.? The proposed rule will, therefore, be of economic

benefit to students obtaining degrees from any of the Florida

College System institutions and will preclude the duplication of

course material.? Thus, the adverse impact or regulatory cost, if

any, would not be expected to exceed any one of the economic

analysis criteria set forth in s. 120.51(2)(a), Florida Statutes and

will not require legislative ratification.





RULEMAKING AUTHORITY: 1001.02, 1007.23, F.S.

LAW IMPLEMENTED: 1007.23, F.S.


PLACE SHOWN BELOW:

DATE AND TIME: May 13, 2020, 9:00 am


697978.


PROPOSED RULE IS: Kathleen Taylor, Bureau Chief,

Division of Career and Adult Education, (850)245-9062,

[email protected].


6A-10.0401 Gold Standard Career Pathways Articulation

Agreements.

Statewide articulation agreements as required in Section

1007.23(1), F.S., to be adopted in rule are contained in the

publication Gold Standard Career Pathways Articulation

Agreements of Industry Certification to AS and AAS Degree

Programs 2019-2020 2018-2019 Academic Year


10513) (http://fldoe.org/academics/career-adult-edu/career-

technical-edu-agreements/industry-certification.stml) which is

hereby incorporated by reference. Copies may be obtained from

the Division of Career and Adult Education, Department of

Education, 325 West Gaines Street, Room 734, Tallahassee,

Florida 32399.

Rulemaking Authority 1001.02, 1007.23(1) FS. Law Implemented

1007.23 FS. History–New 3-25-13, Amended 6-25-14, 5-19-15, 7-26-

16, 4-25-17, 3-19-19,



Education.








DEPARTMENT OF CORRECTIONS


33-601.260: Administrative Management Units

PURPOSE AND EFFECT: To established administrative

management units within the Department of Corrections.

SUMMARY: Rulemaking is necessary to create administrative

management units within the Department of Corrections, and to

establish the criteria for the assignment of inmates to, the

transfer of inmates from, and the management of privileges for

inmates assigned to these specialized, highly structured, general

population housing locations.



RATIFICATION:










herein: The Department used an itemized checklist to conduct

an economic analysis and determine if there is an adverse

impact or regulatory cost associated with this rule that exceeds

the criteria. Upon review of the proposed changes to the rule,

the Department has determined that the amendments will not

exceed any one of the economic analysis criteria in a SERC as

set forth in s. 120.541(2)(a), F.S.









https://www.flrules.org/gateway/ruleNo.asp?id=33-601.260


1495

RULEMAKING AUTHORITY: 944.09 F.S.

LAW IMPLEMENTED: 944.17, 944.1905, 944.801 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS

NOTICE, A HEARING WILL BE SCHEDULED AND

ANNOUNCED IN THE FAR.


PROPOSED RULE IS: Paul A. Vazquez, Assistant General

Counsel, 501 South Calhoun Street, Tallahassee, Florida

32399-2500.


33-601.260 Administrative Management Units.

(1) Definitions.

(a) Administrative Management Unit (AMU) – where used

herein, refers to a general population housing status where an

inmate is placed in a highly structured environment to promote

the safety and security of inmates, staff, and the public, or the

security and good order of an institution. Placement in an AMU

is the consequence of an inmate’s inability to live within an

institutionalized setting without abusing the rights and

privileges of others by committing, or instigating others to

commit, violent, disruptive, predatory, or riotous actions, or an

inmate’s behavior that poses a threat to the security of an

institution. The Secretary will designate the institutions where

AMU inmates will be housed based on the needs of the

Department.

(b) Institution – where used herein, refers to all state

correctional institutions as defined in s. 944.02, F.S., and all

private correctional facilities as defined in s. 944.710, F.S.

(c) Institutional Classification Team (ICT) – where used

herein, refers to a team consisting of the warden or assistant

warden, classification supervisor, chief of security, and other

members as necessary when appointed by the warden or as

designated by rule. The ICT is responsible for making work,

program, housing, and inmate status decisions at an institution,

and for making other classification recommendations to the

State Classification Office.

(d) Institutional Classification Team Docket – where used

herein, refers to the official record of an ICT hearing.

(e) Negative Transfer – where used herein, refers to an

inmate transfer that is the result of the inmate’s negative

behavior that has been documented and verified.

(f) Offender Based Information System (OBIS) – where

used herein, refers to the Department’s computer-based

offender database system that is utilized to organize and store

security, classification, program, and other inmate and offender

information.

(g) Review – where used herein, refers to the evaluation of

all available relevant information concerning an inmate’s

behavior to determine if he or she should be placed in an AMU,

or whether any changes to the inmate’s placement status are

required or recommended.

(h) Security Threat Group (STG) – where used herein,

refers to a formal or informal ongoing inmate or offender group,

gang, organization, or association consisting of three or more

members who have:

1. A common name or common identifying signs, colors,

or symbols;

2. Members or associates who individually or collectively

engage in or have engaged in a pattern of gang activity, criminal

activity, or Department rule violations; or

3. The potential to act in concert to pose a threat or potential

threat to the public, staff, visitors, other inmates or offenders,

or the secure and orderly operations of an institution, probation

office, other Department property, or Department activity or

function.

(i) State Classification Office (SCO) – the office or office

staff at the central office level that is responsible for the review

of inmate classification decisions, including the placement of

an inmate into or the removal of an inmate from an AMU.

(2) Inmates assigned to an AMU are general population

inmates and, unless otherwise restricted pursuant to this rule,

have access to the same privileges and are subject to the same

restrictions as other general population inmates.

(3) Any of the following acts by an inmate will result in the

inmate being considered for placement in an AMU:

(a) A documented history of disciplinary action or

institutional maladjustment reflecting an inmate’s inability to

live in the general inmate population without disrupting the

operation of the institution;

(b) Participation in a predatory or aggressive act against

another person using force or intimidation;

(c) Two or more disciplinary reports for possession of

unauthorized drugs or testing positive for drugs;

(d) Possession of negotiables, escape paraphernalia, or

other items that present a threat to the safe and secure operation

of an institution;

(e) Participation in a riot, strike, mutinous act, or

disturbance;

(f) Release from close management followed by two or

more negative transfers within a two-year period following

release;

(g) Placement in disciplinary confinement for a cumulative

total that is equal to or greater than 180 days during any 36-

month period;

(h) Two or more negative transfers within a one-year

period;

(i) Participation in any documented STG-related activity

that causes disruption in the operation of an institution;

(j) Documented leadership of an STG and participation in

any documented STG-related activity.

https://www.flrules.org/gateway/statute.asp?id=944.09%20F.S.



https://www.flrules.org/gateway/statute.asp?id=%20944.801%20F.S.


1496

(4) Procedures for Placement in an AMU.

(a) When an inmate demonstrates an inability to live within

an institutionalized setting without abusing the rights and

privileges of others by committing, or instigating others to

commit violent, disruptive, predatory, or riotous actions, or

behaves in a way that poses a serious threat to the security of an

institution, the inmate will be placed in administrative

confinement pending a review for possible placement in an

AMU.

(b) When an inmate housed in a confinement unit

demonstrates an inability to live within an institutionalized

setting without abusing the rights and privileges of others by

committing, or instigating others to commit violent, disruptive,

predatory, or riotous actions, or behaves in a way that poses a

serious threat to the security of an institution, the inmate will

remain housed in his or her current confinement unit pending a

review for possible placement in an AMU.

(c) Prior to a review for placement in an AMU, the

classification officer at the institution housing the inmate must

complete Section I of Form DC6-233D, Report of

Administrative Management Unit. Form DC6-233D is hereby

incorporated by reference. Copies of this form are available

from the Forms Control Administrator, 501 South Calhoun

Street, Tallahassee, FL 32399-2500,

http://www.flrules.org/Gateway/reference.asp?No=Ref-

XXXXX. The effective date of the form is XX/XX. Upon

completion of Section I, the classification officer will forward

Form DC6-233D to his or her classification supervisor. The

classification officer will ensure that the inmate receives a copy

of Form DC6-233D to allow the inmate to prepare for the AMU

review. The staff member delivering the copy of Form DC6-

233D to the inmate must document on the form that the inmate

was informed of the allotted time to prepare for the AMU

review. The inmate will have a minimum of 48 hours to prepare

for the AMU review unless the time is waived by the inmate by

completing an Administrative Management Waiver, Form

DC6-265D. Form DC6-265D is hereby incorporated by

reference. Copies of this form are available from the Forms

Control Administrator, 501 South Calhoun Street, Tallahassee,

FL 32399-2500,


XXXXX. The effective date of the form is XX/XX.

(d) Upon receiving the completed Form DC6-233D, the

classification supervisor will submit the case for placement on

the ICT docket.

(e) The ICT will evaluate the recommendation for AMU

placement, interview the inmate being reviewed, and consider

all information provided by the inmate. The inmate may present

information verbally or in writing for consideration by the ICT.

The ICT must ensure that the inmate was given a minimum of

48 hours to prepare for the review unless waived by the inmate.

The ICT must document on Form DC6-233D that the inmate

was allowed 48 hours to prepare for the review or that the time

was waived by the inmate completing Form DC6-265D. The

ICT must inquire whether the inmate needs staff assistance

during the review. A staff member will be assigned to assist an

inmate when the team determines that the inmate is illiterate,

does not understand English, has a disability that would likely

hinder the inmate’s ability to properly represent himself or

herself, or when the complexity of the issues makes it unlikely

that the inmate will be able to properly represent himself or

herself. Assistance can also be provided at the inmate’s request.

In the event a staff member is assigned to assist the inmate, it is

the responsibility of the staff member to explain the

recommendation for AMU placement and the review process to

the inmate. Even though the staff member will be authorized to

assist an inmate during the review and aid the inmate in

presenting his or her position, the staff assistant must not take

the position of an advocate or defense attorney for the inmate.

The ICT is authorized to postpone the review to allow an inmate

additional time to prepare. If the review is postponed, the team

must document the postponement on Form DC6-233D. The

inmate may appear at the AMU review unless he or she is

disruptive either before or during the review, impedes the

process of the review, or waives his or her right to be present at

the review. If the inmate waives his or her right to be present at

the review, Form DC6-265D must be completed. If the inmate

is precluded from attending the review, is removed from the

review, or waives his or her right to appear at the review, the

review will be conducted without the inmate present. The

presence, removal, or absence of the inmate will be documented

on Form DC6-233D. After the interview and review of all

relevant information, the ICT will make an AMU placement

recommendation and provide it to the SCO. This

recommendation will be documented on Form DC6-233D. The

ICT will inform the inmate of the basis for its decision and

provide a copy of its decision to the inmate after the conclusion

of its review. The ICT classification member will ensure that

the results of the ICT review are entered in OBIS.

(f) The SCO will consider the recommendations of the ICT

and all information reviewed by the ICT before making a final

decision regarding the inmate’s placement in an AMU. As part

of its review, the SCO may interview the inmate or rely on the

documentation available in OBIS. The SCO may request that

the ICT obtain and submit additional information before

reaching a final decision. At the conclusion of its review, the

SCO will approve or disapprove the ICT’s recommendation. If

the ICT’s recommendation is disapproved, the inmate will be

informed of the decision in writing by the SCO. Inmate

notification will not be required when the SCO approves the

ICT’s recommendation. After its review is complete, the SCO

will document its final decision in OBIS.


1497

(5) Transfer of Inmates to an AMU.

(a) If an inmate is being reviewed for placement in an

AMU, the inmate will remain in administrative confinement or

in his or her current confinement status pending the final

decision of the SCO. If the inmate’s disciplinary confinement

status expires before a final decision is made, the inmate will be

placed in administrative confinement until a final decision is

made by the SCO.

(b) If the ICT’s AMU placement recommendation is

approved, the SCO will notify population management to

initiate the transfer of the inmate to an appropriate AMU.

(c) If the ICT’s AMU placement recommendation is

disapproved, the SCO will determine whether the inmate should

be transferred for other management reasons. The SCO will

document its decision in OBIS. If a transfer is approved, the

SCO will notify population management to initiate the transfer

of the inmate to an appropriate institution.

(6) Transfer of Inmates While in an AMU.

(a) Special reviews conducted pursuant to Rule 33-

601.211, F.A.C., involving inmates housed in an AMU will be

resolved within the AMU. Unless exceptional circumstances

exist, inmates will not be transferred from an AMU due to a

special review.

(b) A recommendation by the ICT to transfer an inmate in

an AMU to close management will be conducted pursuant to

Rule 33-601.800, F.A.C. If the ICT’s placement

recommendation is approved, the SCO will document its

decision in OBIS and notify population management to initiate

the transfer of the inmate to an appropriate close management

unit. If the ICT’s placement recommendation is disapproved,

the SCO will provide written notification to the ICT of its

decision to not transfer the inmate.

(c) If an inmate is transferred to a close management unit

from an AMU, the inmate will be reviewed for return to an

AMU upon release from close management status.

(7) Privilege Restrictions While Housed in an AMU.

(a) Visitation – Unless otherwise restricted pursuant to

Rule 33-601.731, F.A.C., an inmate housed in an AMU is

eligible to receive one two-hour personal visit every 14 days

provided the inmate has no major rule violations during the 14-

day period. Visiting will be restricted by the warden or his or

her designee when it is determined that a threat to institutional

security would be created by allowing visitation due to

limitations associated with the visiting area or visitation

supervision. Attorney visits will be permitted in accordance

with Rule 33-601.711, F.A.C., and will not be restricted except

when it is determined that the visit would be a threat to the

safety or security of the institution.

(b) Canteen – An inmate housed in an AMU will be

permitted to make canteen purchases in an amount up to $35

once each week provided the inmate has no major rule

violations during that period unless otherwise restricted by

disciplinary action.

(8) Review of Inmate’s Housed in AMU.

(a) A classification officer will review the placement of

each inmate housed in an AMU no less than annually. For this

review, the classification officer will interview the inmate and

prepare a formal assessment and evaluation on Form DC6-

233D. The assessment must include a brief paragraph detailing

the original basis for the inmate’s AMU status, the inmate’s

behavior and activities during the review period, and whether

the inmate should be removed from or remain housed in the

AMU. The classification officer must document any

disciplinary reports, and the inmate’s institutional adjustment,

program participation, and job performance. The case will be

forwarded to the classification supervisor who will submit the

case for placement on the ICT docket.

(b) The purpose of the ICT review is to determine whether

the inmate should remain housed in the AMU due to safety and

security concerns. The ICT will evaluate the DC6-233D

prepared by the classification officer, as well as any other

relevant information relating to staff and inmate safety and

institutional security. The inmate will be present for the review

unless disruptive behavior is exhibited before or during the

review that impedes the process, or the inmate waives the right

to be present at the review by completing Form DC6-265D. The

presence, absence, or removal of the inmate will be documented

on Form DC6-233D. For this review, the ICT will consist of the

warden or assistant warden, classification supervisor, and chief

of security only. For an inmate to remain in an AMU, the ICT

must state those safety and security issues or circumstances that

can only be met by the inmate’s continued placement in the

AMU. The recommendation of the ICT will be documented on

Form DC6-233D, recorded in OBIS, and forwarded to the SCO.

(c) The SCO will review the ICT’s recommendation and

all relevant information provided by the ICT concerning the

inmate’s AMU status. If the SCO determines that no safety or

security concerns exist that justify the inmate’s continued

placement in an AMU, the inmate will be transferred out of the

AMU. In such case, the SCO will notify population

management to initiate the transfer of the inmate out of the

AMU. For an inmate to remain in an AMU, the SCO must

determine that based on all available relevant information, there

are safety or security concerns that warrant maintaining the

inmate in the AMU. The SCO’s decision must be documented

on Form DC6-233D and recorded in OBIS. The SCO will

advise the inmate of its decision.

Rulemaking Authority 944.09 FS. Law Implemented 944.17,

944.1905, 944.801 FS. History–New XX-XX-XX.


1498


Richard Comerford, Assistant Deputy Secretary of Institutions


PROPOSED RULE: Mark S. Inch, Secretary


HEAD: April 1, 2020



Section III

Notice of Changes, Corrections and

Withdrawals


Florida School for the Deaf and the Blind


6D-12.003 Campus Police Department

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been

made to the proposed rule in Vol. 46 No. 50, March 12, 2020

issue of the Florida Administrative Register.

The summary of statement of estimated regulatory costs now

includes:





herein: A checklist was prepared by the Agency to determine

the need for an SERC. Based on this information at the time of

this analysis and pursuant to s. 120.541, F.S., the rule will not

require legislative ratification.



33-602.201: Inmate Property

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. 46 No. 14, January 22,

2020 issue of the Florida Administrative Register.

33-602.201 Inmate Property.


(3) Upon arrival at any facility of the Department, an

inmate will have all property in his or her possession

inventoried by security staff. Any unauthorized property or any

authorized property in excess of the allowed amounts noted in

Appendix One of this rule, will be confiscated and stored

pending disposition. The inmate will be given a copy of Form

DC6-224 for such items. When it becomes necessary to

confiscate and impound the authorized property of an inmate

subsequent to his or her reception at an institution, it will be

immediately inventoried by a Department employee an officer

in the presence of the inmate whenever possible, and a signed

Form DC6-220, Inmate Impounded Property List, itemizing the

property will be given to the inmate. Form DC6-220 is hereby

incorporated by reference. Copies of the form are available


Street, Tallahassee, Florida 32399-2500,


XXXXX. The effective date of this form is XX/XX. If any

exigent circumstance prevents an inmate from being present the

inmate’s behavior is such that the security and order of the

institution is jeopardized by his presence during the inventory

process, the inmate’s presence will not be required. In such

cases, a second Department employee officer will witness the

inventory process. Proper procedures will be followed to

safeguard and store such property so as to prevent its loss,

damage, or theft. Upon release of the property, a signed copy of

Form DC6-220 will be obtained from the inmate. Money in

excess of the amount allowed by Rule 33-601.602, F.A.C.,

found in the possession of an inmate will be handled in

accordance with Rule 33-602.203, F.A.C.


(7) Impounded Property.

(a) No change.

(b) When property of an inmate is impounded, it will be

inventoried according to the following procedure on Form

DC6-220 and, whenever practical, in the presence of the inmate

whenever possible. Exceptions may be made when the inmate’s

presence during this process jeopardizes institutional security

or in times of an emergency such as a general disturbance

creating security concerns. A new inmate being processed into

the Department at one of the reception centers will have his or

her property recorded on Form DC6-224, with a copy being

given to the inmate. Unauthorized property will be stored

pending final disposition as provided in this rule. At the time of

receipt into the Department, each inmate will also sign Form

DC6-226, Authorization for Disposition of Mail and Property,

which authorizes the Department to dispose of the property

should the inmate abandon it. Form DC6-226 is hereby

incorporated by reference. Copies of the form are available


Street, Tallahassee, Florida 32399-2500,

http://www.flrules.org/Gateway/reference.asp?No=Ref-02180.

The effective date of this form is 11-21-00.

1. No change.

2. Form DC6-220 must be signed and dated by the

Department employee recording the inventory and signed by

the inmate, each in the presence of the other, unless the inmate’s

presence doing so would be a danger or a threat to security, or

unless the inmate is unavailable.



https://www.flrules.org/gateway/ruleNo.asp?id=6D-12.003





1499

3. If an inmate refuses to sign Form DC6-220 or is not

present, that fact will be noted on the inventory and signed by

the Department employee making the inventory and also by a

second Department employee present during the inventory.

4. through 5. No change.

(c) through (i) No change.


APPENDIX ONE

PROPERTY LIST

No change.

Rulemaking 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, 2-27-08, 12-25-08, 1-25-10,

7-4-10, 10-26-11, 8-19-12, 11-20-12, 3-3-13, 6-8-14, 8-17-16,

.



33-602.204: Searches of Inmates

NOTICE OF CHANGE





33-602.204 Searches of Inmates.

No change.

(1) Clothed searches.

(a) No change.

(b) A With proper training, a correctional officer may

conduct searches of clothed inmates without prior approval

from his or her supervisor.

(c) No change.

(d) No change.


3. The Department must maintain a log to monitor each

inmate’s exposure to track each time an inmate is searched

utilizing x-ray body scanner technology intended for security

use to ensure that an inmate does not exceed the recommended

radiation exposure as required by Rule 64E-5.502(1)(a), F.A.C.

limit.

(e) No change.

(f) Searches of clothed female inmates may only be

conducted by female staff except by male staff must only be

conducted during an emergency situation as determined by the

shift supervisor. The only exception to this is when time and

circumstances do not permit the arrival of female staff or

consultation with the shift supervisor prior to conducting the

search due to an imminent threat of physical violence when an

immediate search is necessary to secure the inmate to prevent

injury to staff, inmates, or the public.

(g) No change.

(2) Unclothed body searches.

(a) Unclothed body searches of inmates will only be

conducted by correctional officers who are the same sex as the

inmate, except when time and circumstances do not permit the

arrival of same sex staff or due to an imminent threat of physical

violence when an immediate search is necessary to secure the

inmate to prevent injury to staff, inmates, or the public. in an

emergency situation for the protection of staff, inmates, or the

public.

(b) An inmate will be subject to an unclothed body search

any time the inmate is suspected of carrying contraband,

including will generally be subject to an unclothed body search

upon his or her arrival at an institution from court, another

institution, or from any other place where the inmate may have

come in contact with the public, when public. When an inmate

is apprehended after an escape, attempted escape, or hideout, or

when an inmate is placed in any confinement status. he or she

will be subject to an unclothed body search. There may be other

occasions that warrant an unclothed body search, such as before

an inmate is admitted to confinement or at any time when an

inmate is suspected of carrying contraband.

(c) Inmates on outside work squads provided to other

agencies while under supervision do not require an unclothed

body search upon their return to the institution. A clothed search

will normally be utilized when checking in these inmates.

However, if If there is reason to believe an inmate is concealing

contraband on his or her body, an unclothed body search will

be performed.

(d) through (e) No change.

(3) Body orifice and cavity searches.

(a) through (b) No change.

(c) The following procedures and conditions apply to body

orifice and cavity searches:


10. Blood, urine, and saliva may be taken from the person

and subjected to laboratory analysis to determine the presence

of alcohol, narcotics, or dangerous drugs to ensure the safety

and security of the inmate, Department employees, other

inmates, and the institution. drugs, where there is a clear

indication that such evidence will be found.


Rulemaking Authority 944.09, 944.473 FS. Law Implemented 944.09,

944.47, 944.472, 944.473 FS. History–New 4-8-81, Amended 7-3-85,

Formerly 33-3.065, Amended 11-2-86, 6-2-94, 1-25-96, 3-24-97, 9-9-

97, 12-15-98, Formerly 33-3.0065, Amended 2-8-00, 9-4-05,

.




1500

DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION

Regulatory Council of Community Association Managers


61E14-1.005: Null and Void Status

NOTICE OF CHANGE





The Board received written comments from the Joint

Administrative Procedures Committee on Rule 61E14-

1.005. On February 28, 2020, the Board approved changes to

the proposed rule language. Additionally, the proposed rule

language has been changed to refer to form DBPR CAM 5,

Application to Reinstate Null and Void License, which is

incorporated by reference in rule 61-35.020. Any conflicting

language with DBPR CAM 5 has also been removed. The

change is as follows:

THE TEXT OF THE PROPOSED RULE WILL NOW READ:

61E14-1.005 Null and Void Status.

Any person desiring licensure as a Community Association

Manager from null and void status shall submit a completed

Form DBPR CAM 5, Application to Reinstate Null and Void

License, effective December, 2014, adopted and incorporated

by reference in rule 61-35.020, Community Association

Management Departmental Forms, and available at

https://www.flrules.org/Gateway/reference.asp?No=Ref-

05486.

The null and void status licensee who applies for active or

inactive status shall apply to the Department anew by

submitting a completed application as set forth in Section

468.433, F.S., with appropriate fees as if this were a first-time

application.

Rulemaking Authority 455.271(6)(a) FS. Law Implemented

455.271(6)(a), 468.433 FS. History–New


PROPOSED RULE IS: Krista B. Woodard, Executive Director,

Regulatory Council of Community Association Managers’

Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-

0771.

Section IV

Emergency Rules

DEPARTMENT OF THE LOTTERY


53ER20-30: Retailer POWERBALL® Bonus

Commission Program

SUMMARY: This emergency rule describes the Retailer

POWERBALL® Bonus Commission Program and updates

provisions related to a starting POWERBALL jackpot prize.

This emergency rule replaces Emergency Rule 53ER13-69.


EMERGENCY RULE IS: Diane D. Schmidt, Legal Analyst,

Department of the Lottery, 250 Marriott Drive, Tallahassee,

Florida 32399-4011.

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER20-30 Retailer POWERBALL® Bonus Commission

Program.

(1) The Florida Lottery will conduct, as a retailer sales

incentive, a Retailer POWERBALL® Bonus Commission

Program (“Program”) in which the Florida Lottery will award

bonus commissions to Florida Lottery retailers who sell a

winning jackpot POWERBALL ticket for a Wednesday or

Saturday POWERBALL drawing.

(2) The bonus commission for a starting jackpot prize will

be $20,000. Each time the Jackpot Prize rolls over, the bonus

commission will increase by $5,000 until it reaches the

maximum bonus commission of $100,000.

(3) If multiple winning jackpot tickets are sold in Florida

for the same POWERBALL drawing, the retailers selling such

tickets will share the bonus commission. Each retailer selling a

winning jackpot ticket will receive a share of the bonus equal

to the number of winning jackpot tickets sold by that particular

retailer divided by the total number of winning jackpot tickets

sold in Florida for that drawing.

(4) If a winning jackpot ticket is a POWERBALL with

Power Play® ticket, an additional $20,000 bonus commission

will be paid to the retailer selling such ticket. If multiple

winning jackpot tickets are POWERBALL with Power Play

tickets, each retailer selling such a ticket will be paid the

additional bonus commission.

(5) Florida Lottery retailers who sell a POWERBALL

ticket that wins $1,000,000 for matching 5+0 numbers will

receive a $1,000 bonus commission.

(6) Florida Lottery retailers who sell a POWERBALL with

Power Play ticket that wins $2,000,000 for matching 5+0

numbers will receive a $5,000 bonus commission.




https://www.flrules.org/gateway/ruleNo.asp?id=61E14-1.005

https://www.flrules.org/Gateway/reference.asp?No=Ref-05486

https://www.flrules.org/Gateway/reference.asp?No=Ref-05486


https://www.flrules.org/gateway/ruleNo.asp?id=53ER20-30


1501

(7) Award of a bonus commission is not dependent upon

the POWERBALL jackpot winning ticket, POWERBALL 5+0

winning ticket or POWERBALL with Power Play 5+0 winning

ticket being claimed by the winner.

(8) Retailers whose Florida Lottery contracts are

terminated or inactivated prior to the bonus commission award

shall be paid the bonus commission earned provided said

termination or inactivation was not due to noncompliance with

Chapter 24, Florida Statutes, Chapter 53, Fla. Admin. Code, or

contract terms.

(9) A bonus commission will be considered compensation

to the retailer and will be reported to the Internal Revenue

Service by the Florida Lottery. The Florida Lottery reserves the

right to apply a bonus commission earned against a retailer’s

outstanding debt to the Florida Lottery, and to award the

remaining balance of the bonus commission, if any.

(10) Bonus commissions are subject to availability of funds

appropriated for retailer incentives. This Program is subject to

cancellation by future emergency rule if retailer incentive

funding is not appropriated or if the Florida Lottery determines

that it is no longer in the state’s best interest to use such funds

for this purpose.

(11) This emergency rule replaces Emergency Rule

53ER13-69, F.A.C.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented

24.105(9)(i), 24.112(1) FS. History- New 4-9-20, Replaces 53ER13-

69.

THIS RULE TAKES EFFECT UPON BEING FILED WITH

THE DEPARTMENT OF STATE UNLESS A LATER TIME

AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: April 9, 2020.

Section V

Petitions and Dispositions Regarding Rule

Variance or Waiver

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing


59A-4.1265 Emergency Environmental Control for Nursing

Homes

NOTICE IS HEREBY GIVEN that on April 1, 2020, the

Agency for Health Care Administration, received a petition for

variance from subsection 59A-4.1265(5), F.A.C., from Wilton

Manors Health and Rehabilitation Center to implement the

Detailed Nursing Home Emergency Power Plan. The petition

was assigned case number 2020006223. Any interested person

or other agency may submit written comments on the petition

within 14 days after this notice by e-mailing

[email protected].

A copy of the Petition for Variance or Waiver may be obtained

by contacting: Jacqueline Williams, Agency for Health Care

Administration, 2727 Mahan Drive, Mail Stop #33,

Tallahassee, Florida 32308 or e-mailing

[email protected].





Homes



variance from subsection 59A-4.1265(5), F.A.C., from

Lexington Health and Rehabilitation Center to implement the





[email protected].





[email protected].





Homes



variance from subsection 59A-4.1265(5), F.A.C., from Coastal

Health and Rehabilitation Center to implement the Detailed

Nursing Home Emergency Power Plan. The petition was

assigned case number 2020006257. Any interested person or

other agency may submit written comments on the petition


[email protected].





[email protected].





Homes














1502




Rosewood Healthcare and Rehabilitation Center to implement

the Detailed Nursing Home Emergency Power Plan. The

petition was assigned case number 2020006256. Any interested

person or other agency may submit written comments on the

petition within 14 days after this notice by e-mailing

[email protected].





[email protected].





Homes




Silvercrest Health and Rehabilitation Center to implement the





[email protected].





[email protected].





Homes



variance from subsection 59A-4.1265(5), F.A.C., from Bayside






[email protected].





[email protected].





Homes

NOTICE IS HEREBY GIVEN that on March 31, 2020, the


variance from subsection 59A-4.1265(5), F.A.C., from Bay

Vue Nursing and Rehabilitation to implement the Detailed





[email protected].





[email protected].





Homes



variance from subsection 59A-4.1265(5), F.A.C., from Unity






[email protected].





[email protected].





Homes




















1503

Brookdale Palmer Ranch SNF to implement the Detailed





[email protected].





[email protected].





Homes




University West Rehabilitation Center to implement the





[email protected].





[email protected].





Homes




University East Rehabilitation Center to implement the





[email protected].





[email protected].




59A-36.025 Emergency Environmental Control for Assisted

Living Facilities



variance from Rule 59A-36.025, F.A.C., from Residence at Bay

Vue to implement the Detailed Emergency Environmental

Control Plan. The petition was assigned case number

2020006174.


by contacting: Chequita Byrd, Agency for Health Care



[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Sterling

Aventura to implement the Detailed Emergency Environmental


2020006210.


by contacting: NA





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Lake Howard

Heights to implement the Detailed Emergency Environmental


2020006218.





[email protected].

















1504





Living Facilities



variance from Rule 59A-36.025, F.A.C., from The Atrium at

Boca Raton to implement the Detailed Emergency

Environmental Control Plan. The petition was assigned case

number 2020006215.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Presidential

Palace to implement the Detailed Emergency Environmental


2020006213.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Atria Willow

Wood to implement the Detailed Emergency Environmental


2020005957.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Westchester of

Winter Park assigned case number 2020005887.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Fair Havens

Center assigned case number 2020005883.





[email protected].





Living Facilities


Agency for Health Administration, received a petition for

variance from Rule 59A-36.025, F.A.C., from Westchester of

Sunrise to implement the Detailed Emergency Environmental


2020005877.





[email protected].





Living Facilities























1505



variance from Rule 59A-36.025, F.A.C., from Atria Tamarac to

implement the Detailed Emergency Environmental Control

Plan. The petition was assigned case number 2020005961.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Atria Tamarac to

implement the Detailed Emergency Environmental Control

Plan. The petition was assigned case number 2020005960.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Brookdale

Bayshore to implement the Detailed Emergency Environmental


2020005965.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from Pacifica Senior

Living Sunrise to implement the Detailed Emergency


number 2020005967.





[email protected].





Living Facilities



variance from Rule 59A-36.025, F.A.C., from ManorCare at

Lely Palms to implement the Detailed Emergency


number 2020005326.





[email protected].


REGULATION

Construction Industry Licensing Board

The Construction Industry Licensing Board hereby gives

notice: that on April 8, 2020, an Order was filed on the Petition

for Variance or Waiver. The Petition was filed by Sergey

Kashin. Petitioner does not cite a rule or statute but asks the

Board to exempt him from taking the “Business and Finance”

portion of the exam. The Notice of Petition for Variance or

Waiver was published in Vol. 45, No. 237, on December 9,

2019, in the Florida Administrative Register. The Board, at its

meeting held on March 13, 2020, denied the Petition for

Variance or Waiver, finding that Petitioner failed to

demonstrate a substantial hardship; failed to demonstrate that

application of the rule would violate the principles of fairness;

and failed to demonstrate that the purpose of the underlying

statute had been met.

A copy of the Order or additional information may be obtained

by contacting: Daniel Biggins, Executive Director,

Construction Industry Licensing Board, 2601 Blair Stone Road,

Tallahassee, Florida 32399-1039 or telephone: (850)487-1395,

or by electronic mail to [email protected].

DEPARTMENT OF ENVIRONMENTAL PROTECTION


62-342.700 Financial Responsibility



















1506

The Department of Environmental Protection hereby gives

notice: That it has issued an order on April 9, 2020, granting

Ranchelo Inc’s, Petition for a Variance. The Petition was

received on March 16, 2020. Notice of receipt of this Petition

was published in the Florida Administrative Register on March

25, 2020. The petition requested a variance from paragraph 62-

342.700(11)(b) F.A.C., which requires that the trust fund for

perpetual management of the mitigation bank be established

using a form that is in substantial conformance with the form

incorporated into the Rule. No public comment was received.

The Order, OGC No. 20-0232; DEP File No. 361488-002,

granted the Petition to paragraph 62-342.700(11)(b), F.A.C.,

based on a showing that Petitioner demonstrated that a strict

application of the rule would result in substantial hardship to

Petitioner or would affect Petitioner differently than other

similarly situated applicants and that the Petitioner

demonstrated that the purpose of the underlying statute will

continue to be achieved with the modified Trust Fund

Agreements and HCMB has already fully funded these trust

funds.

A copy of the Order or additional information may be obtained

by contacting: Laura Chandler, Department of Environmental

Protection, 2600 Blair Stone Road, Mail Station 2500,

Tallahassee, Florida 32399-2400, (850)245-8479,

[email protected], during normal

business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday,

except legal holidays. The file is available online and can be

accessed through the Department’s Information Portal at:

http://prodenv.dep.state.fl.us/DepNexus/public/searchPortal.

Section VI

Notice of Meetings, Workshops and Public

Hearings


Florida School for the Deaf and the Blind

The Florida School for the Deaf and the Blind (FSDB)

announces a public meeting to which all persons are invited.

DATE AND TIME: Monday, April 20, 2020, 1:00 p.m.

PLACE: This will be a virtual meeting of which details on

public access to the meeting will be shared on the FSDB

website www.fsdbk12.org by Monday, April 13, 2020.

GENERAL SUBJECT MATTER TO BE CONSIDERED: This

is a regular meeting of the Board of Trustees to discuss general

day-to-day business matters.

PLEASE NOTE: This will be a VIRTUAL (online) meeting

and details for public access to the meeting will be shared on

the FSDB website www.fsdbk12.org by Monday, April 13,

2020.

A copy of the agenda may be obtained by contacting: Cindy

Brueckner, Executive Assistant to the President, by email at

[email protected].

Pursuant to the provisions of the Americans with Disabilities

Act, any person requiring special accommodations to

participate in this workshop/meeting is asked to advise the

agency at least 72 hours before the workshop/meeting by

contacting: American Sign Language Interpreters will be

present during the virtual meeting, and Communication Access

Real-time services (CART) will also be assisting with

communication needs for the Deaf Community. For more

information please contact Cindy Brueckner, Executive

Assistant to the President, by email at

[email protected]. If you are hearing or speech

impaired, please contact the agency using the Florida Relay

Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

If any person decides to appeal any decision made by the Board

with respect to any matter considered at this meeting or hearing,

he/she will need to ensure that a verbatim record of the

proceeding is made, which record includes the testimony and

evidence from which the appeal is to be issued.

For more information, you may contact: Cindy Brueckner,

Executive Assistant to the President, by email at

[email protected]. Or Jeanne Prickett, FSDB President

at [email protected].

EXECUTIVE OFFICE OF THE GOVERNOR

The Florida Children and Youth Cabinet Strategy Workgoup

announces a telephone conference call to which all persons are

invited.

DATE AND TIME: April 17, 2020, 10:00 a.m. – 11:00 a.m.

PLACE: Conference call number: 1(888)585-9008, Room #:

472-450-272

GENERAL SUBJECT MATTER TO BE CONSIDERED:

Cabinet work group business

A copy of the agenda may be obtained by contacting: Pat Smith,

Executive Director, Florida Children and Youth Cabinet,

(850)717-4452 or [email protected].




agency at least 2 days before the workshop/meeting by

contacting: Pat Smith, Executive Director, Florida Children and

Youth Cabinet, (850)717-4452 or











1507



For more information, you may contact: Pat Smith, Executive

Director, Florida Children and Youth Cabinet, (850)717-4452

or [email protected].

EXECUTIVE OFFICE OF THE GOVERNOR

The Florida Children and Youth Cabinet Technology

Workgroup announces a telephone conference call to which all

persons are invited.

DATE AND TIME: April 17, 2020, 3:00 p.m. – 5:00 p.m.

PLACE: Conference call number: 1(888)585-9008, Room #:

472-450-272


Regular business of the Workgroup

A copy of the agenda may be obtained by contacting: Pat Smith,

Executive Director, Florida Children and Youth Cabinet,

(850)717-4452 or [email protected].





contacting: Pat Smith, Executive Director, Florida Children and

Youth Cabinet, (850)717-4452 or









For more information, you may contact: Pat Smith, Executive

Director, Florida Children and Youth Cabinet, (850)717-4452

or [email protected].

REGIONAL PLANNING COUNCILS

West Florida Regional Planning Council

The Emerald Coast Local Emergency Planning Committee

announces a public meeting to which all persons are invited.

DATE AND TIME: Wednesday, April 22, 2020, 9:15 a.m.

PLACE: Virtually via GoToMeeting

GENERAL SUBJECT MATTER TO BE CONSIDERED: The

Emerald Coast Local Emergency Planning Committee will hold

a public meeting on Wednesday, April 22, 2020, 9:15 a.m. The

meeting will be held virtually, please find the virtual meeting

details below:

Please join my meeting from your computer, tablet or

smartphone, https://global.gotomeeting.com/join/368637789.

You can also dial in using your phone. (For supported devices,

tap a one-touch number below to join instantly.)

United States: (646)749-3122, One-touch: tel: (646)493-122,

368637789#, Access Code: 368-637-789

New to GoToMeeting? Get the app now and be ready when

your first meeting

starts: https://global.gotomeeting.com/install/368637789

A copy of the agenda may be obtained by contacting: Debbie

Thayer at (850)332-7976, ext. 225 or [email protected].





contacting: Brittany Ellers at (850)332-7976, ext.220 or

[email protected]. If you are hearing or speech impaired,

please contact the agency using the Florida Relay Service,

1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Debbie Thayer at

(850)332-7976, ext. 225 or [email protected].

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

The Central Florida Water Initiative (CFWI) Regional Water

Supply Plan (RWSP) Team announces a workshop to which all


DATE AND TIME: See Below.

PLACE: District offices are currently closed to the public due

to the COVID-19 pandemic. The workshops will now be held

by webinar on two separate dates to maximize the opportunity

for public participation. The same information will be presented

by the Districts during each webinar, so parties are able to

register for the date that works best for them.

The workshops will be conducted through Zoom. Zoom is a free

online meeting tool that can be used from a computer, tablet, or

smart phone. Register for the workshops by going to the links

below:

DATE AND TIME: Thursday, April 23, 2020, 10:00 a.m.

https://zoom.us/webinar/register/WN_vQp-

cvHDQvCej3whZ_N-cA

DATE AND TIME: Thursday, April 30, 2020 5:00 p.m.

https://zoom.us/webinar/register/WN_7w_soT0PS1KD_U5B

UgCVJw

The public comment period for this 2020 CFWI RWSP ends at

5:00 p.m. on May 15, 2020. Public comments should be

submitted via https://www.cfwiwater.com/planning.html.


CFWI is a collaborative effort among government agencies

formed to address water resource issues in the area known as

the Central Florida Water Initiative. Pursuant to subsection

373.709(1), Florida Statutes, the public workshops are meetings

to communicate the status, overall conceptual intent, and

impacts of the Regional Water Supply Plan on existing and

future reasonable-beneficial uses and related natural systems.







1508

Additional information about this effort may be found at

http://cfwiwater.com. NOTE: One or more Governing Board

members from each of the three districts named below may

attend the Public Workshop Webinars.

A copy of the agenda may be obtained by contacting:

http://cfwiwater.com or by contacting Tammy Bader-Gibbs,

SJRWMD (P.O. Box 1429, Palatka, FL 32178, (386)329-4500,

[email protected]), seven days prior to the webinar.





contacting: Stacey Adams, SFWMD (3301 Gun Club Road,

West Palm Beach, FL 33406, (561)682-2577,

[email protected]). If you are hearing or speech impaired,


1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Mike Register,

Director, Division of Water Supply Planning and Assessment,

SJRWMD (P.O. Box 1429, Palatka, FL 32178-1429, (386)329-

4212, [email protected]), Mark Elsner, Chief of Water

Supply Bureau, South Florida Water Management District

(3301 Gun Club Road, West Palm Beach, FL 33406, (561)682-

6156, [email protected]), or Joseph Quinn, Water Supply

Project Manager, Southwest Florida Water Management

District (2379 Broad Street, Brooksville, FL 34604-6899,

(352)796-7211, [email protected]).

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

The Southwest Florida Water Management District

(SWFWMD) announces a public meeting to which all persons

are invited.

DATE AND TIME: Tuesday, April 28, 2020, 10:00 a.m.

PLACE: SWFWMD, 2379 Broad Street, Brooksville, FL

34604 (District staff only as currently District offices are closed

to the public due to the COVID-19 pandemic), Members of the

public may view the meeting online at WaterMatters.org and

may listen and provide comments via phone at 1(888)585-9008

conference code 346-054-201.


Governing Board Meeting. SWFWMD offices are currently

closed to the public due to the COVID-19 pandemic. The public

can view the meeting through our livestream at

WaterMatters.org. Anyone who wishes to provide public input

will be able to do so by calling toll-free at 1(888)585-9008 and

entering a conference room number of 346-054-201. This

number will allow the public to listen to the meeting and/or

provide comments. Additional instructions regarding viewing

of and participation in the meeting are available on the District’s

website at WaterMatters.org or by calling 1(800)423-1476 and

requesting assistance.


WaterMatters.org – Boards, Meetings & Event Calendar;

1(800)423-1476 (FL only) or (352)796-7211.





contacting: SWFWMD Human Resources Office Chief at

1(800)423-1476 (FL only) or (352)796-7211, x4703; TDD (FL

only) 1(800)231-6103; or email to

[email protected]. If you are hearing or

speech impaired, please contact the agency using the Florida

Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770

(Voice).






For more information, you may contact:

[email protected]; 1(800)423-1476 (FL only) or

(352)796-7211, x4606 (Ad OrderEXE0732).

SPACE FLORIDA

The Space Florida announces a telephone conference call to

which all persons are invited.

DATE AND TIME: April 16, 2020, 12:15 p.m. ET

PLACE: Telephone Conference Call: Call in Number:

1(877)286-7960, Guest Code: 5301144


Space Florida will be opening bids submitted by vendors in

response to the competitive solicitation for the request for bids

for the Economic Development Transportation Project Fund

(EDTPF) Roadway Project RFB 01-0-2020.

A copy of the agenda may be obtained by contacting: Annette

O’Donnell at [email protected].





contacting: Annette O’Donnell at [email protected].

If you are hearing or speech impaired, please contact the agency

using the Florida Relay Service, 1(800)955-8771 (TDD) or

1(800)955-8770 (Voice).







1509




For more information, you may contact: Annette O’Donnell at

[email protected].


REGULATION

Barbers' Board

The Florida Barbers' Board announces a telephone conference

call to which all persons are invited.


PLACE: CONFERENCE NUMBER: 1(888)585-9008,

PARTICIPANT CODE: 241687833.


General board business.

A copy of the agenda may be obtained by contacting: Florida

Barbers' Board, 2601 Blair Stone Road, Tallahassee, Florida

32399, (850)487-1395.





contacting: Florida Barbers' Board, 2601 Blair Stone Road,

Tallahassee, Florida 32399, (850)487-1395. If you are hearing

or speech impaired, please contact the agency using the Florida


(Voice).






For more information, you may contact: Florida Barbers' Board,

2601 Blair Stone Road, Tallahassee, Florida 32399, (850)487-

1395.


REGULATION

Board of Cosmetology

The Florida Board of Cosmetology announces a telephone

conference call to which all persons are invited.


PLACE: CONFERENCE NUMBER: 1(888)585-9008,

PARTICIPANT CODE: 241687833



A copy of the agenda may be obtained by contacting: Florida

Board of Cosmetology, 2601 Blair Stone Road, Tallahassee,

Florida 32399, (850)487-1395.





contacting: Florida Board of Cosmetology, 2601 Blair Stone

Road, Tallahassee, Florida 32399, (850)487-1395. 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: Florida Board of

Cosmetology, 2601 Blair Stone Road, Tallahassee, Florida

32399, (850)487-1395.


REGULATION

Board of Professional Engineers

RULE NOS.: RULE TITLES:

61G15-23.001 Signature, Date and Seal Shall Be Affixed

61G15-23.002 Seals Acceptable to the Board

61G15-23.003 Procedures for Physically Signing and

Sealing Plans, Specifications, Reports or Other Documents

61G15-23.004 Procedures for Digitally Signing and Sealing

Electronically Transmitted Plans, Specifications, Reports or

Other Documents

61G15-23.005 Procedures for Electronically Signing and

Sealing Electronically Transmitted Plans, Specifications,

Reports or Other Documents

The Board of Professional Engineers announces a public

meeting to which all persons are invited.

DATE AND TIME: April 14, 2020, 12.00 Noon, or as soon

thereafter as can be heard.

PLACE: Call-In Number: 1(888)392-4560, Access Code:

1188973.


meeting is being held for the Board to consider an emergency

rule to temporarily lift restrictions on signing and sealing of

plans and documents. In order to effectuate the Governor and

State Health Officer’s orders regarding self-quarantine, the

purpose of the emergency rule is to temporarily waive the

restriction in Chapter 61G15-23 that printed copies of digitally

or electronically signed and sealed plans or documents are not

considered signed and sealed. During the effective period of the

emergency rule, printed copies of digitally or electronically

signed and sealed plans/documents would be deemed properly

signed and sealed for any purpose. The exemption would only

be during the 90 days the rule is in effect.

A copy of the agenda may be obtained by contacting: Zana

Raybon, Executive Director, Board of Professional Engineers,










https://www.flrules.org/gateway/ruleNo.asp?id=61G15-23.001






1510

2639 North Monroe Street, Suite B-112, Tallahassee, FL

32303, (850)521-0500, [email protected].




agency at least five days before the workshop/meeting by

contacting: Zana Raybon, Executive Director, Board of

Professional Engineers, 2639 North Monroe Street, Suite B-

112, Tallahassee, FL 32303, (850)521-0500,

[email protected]. If you are hearing or speech impaired,


1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

The Department of Health, Board of Occupational Therapy

announces a telephone conference call to which all persons are

invited.

DATE AND TIME: May 18, 2020, 8:00 a.m. ET

PLACE: CHANGE OF PLACE: Conference Calls: 1(888)585-

9008, Then enter Conference Room Number 564-341-766

followed by the # sign.


Probable Cause Panel Meeting. A meeting or portion of a

probable cause panel meeting is public only if a case or cases

are public by reason of reconsideration.

A copy of the agenda may be obtained by contacting: The Board

of Occupational Therapy, 4052 Bald Cypress Way, Bin C05,

Tallahassee, FL 32399-3255, by calling the board office at

(850)245-4373 or by visiting the website:

www.floridasoccupationaltherapy.gov





contacting: The Department of Health at (850)901-6528. If you

are hearing or speech impaired, please contact the agency using

the Florida Relay Service, 1(800)955-8771 (TDD) or

1(800)955-8770 (Voice). If you are hearing or speech impaired,


1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).







Board of Dentistry

The Department of Health, Board of Dentistry announces a

public meeting to which all persons are invited.


PLACE: 1(888)585-9008 when prompted, enter conference

room number 599196982#.




www.floridasdentistry.gov.





contacting: (850)245-4474. If you are hearing or speech








For more information, you may contact: (850)245-4474.


Board of Dentistry




PLACE: Embassy Suites Tampa Airport, 555 N. Westshore

Blvd., Tampa, FL 33609, 1(813)875-1555.

GENERAL SUBJECT MATTER TO BE CONSIDERED: This

notice will replace 21712109. This meeting has been cancelled.

A copy of the agenda may be obtained by contacting: NA


Board of Dentistry




PLACE: 1(888)585-9008 when prompted, enter conference

room number 599196982#.


Probable Cause Panel with reconsiderations.


www.floridasdentistry.gov.





contacting: (850)245-4474. If you are hearing or speech















1511



For more information, you may contact: (850)245-4474.

DEPARTMENT OF FINANCIAL SERVICES

The Department of Financial Services announces a public


DATE AND TIME: Wednesday, April 22, 2020, 2:00 p.m. –

4:00 p.m., Eastern Time

PLACE: GoToMeeting virtual meeting. See agenda for

GoToMeeting details.


Florida PALM Executive Steering Committee will meet to

discuss the status of the Florida PALM Project.

A copy of the agenda may be obtained by contacting: the

Florida PALM Project website

https://www.myfloridacfo.com/floridapalm/governance/.





contacting: Jenifer Hartsfield at (850)410-9025 or




For more information, you may contact: or would like to submit

public comment regarding the Florida PALM Executive

Steering Committee, please email

[email protected].

GRAY ROBINSON

The City of Jacksonville Beach, Florida announces a hearing to


DATE AND TIME: April 20, 2020, 6:00 p.m.

PLACE: Due to the outbreak of Coronavirus-19, the hearing

will be held using communications media technology (“CMT”).

The general public may access the hearing using the following

available CMT options so as to participate, view and listen to

the April 6, 2020, City Council meeting:

1. View and listen to a Livestream of the meeting online: Access

the meeting by visiting the City of Jacksonville Beach YouTube

Channel:

ttps://www.youtube.com/channel/UCBvNLjCCZtu9PWDV41

cR6-Q

2. Listen to the meeting via phone: You may listen to the live

meeting audio from your phone by dialing (929)205-6099.

When the meeting ID is requested, enter 912336677 and then

press the # key. There is no participant ID number. If you are

asked for this, press #. When dialing in by phone, your line will

be automatically muted for the duration of the meeting.

3. Hearing or speech impaired access: Contact the agency using

the Florida Relay Service, 1(800)955-8771 (TDD) or

1(800)955-8770 (Voice).

4. Submit questions and comments concerning a scheduled

agenda item or for the Courtesy to the Floor portion of the

Agenda: You may provide written comments by Emailing City

Clerk Laurie Scott no later than one business day before the

meeting at [email protected]; or Via U.S. mail to City

Clerk, City Hall, 11 N. 3rd Street, Jacksonville Beach, FL

32250; or Place them in the drop box at the main entrance at

City Hall. Provide your full name and address, and if you are a

city business owner, list the business name and address. Written

comments will be read into the record at the appropriate time.

All other written comments received by the deadline will be

distributed to the Mayor and City Council members and the

appropriate staff prior to the start of the meeting.

Comments received through these CMT options will be read

into the record by the City Attorney. Written comments will be

limited to 2,800 characters.

GENERAL SUBJECT MATTER TO BE CONSIDERED: In

accordance with paragraph 337.401(3)(d), FS, notice is hereby

given that the City Council of the City of Jacksonville Beach,

Florida, will hold a public hearing for the second reading and

final adoption on Monday, April 20, 2020, 6:00 p.m. through

the use of communications media technology, for the purpose

of adopting a proposed ordinance (Ordinance No. 2020-8136)

governing a telecommunications company placing or

maintaining telecommunications facilities in its roads or rights-

of-way. The proposed ordinance amends certain provisions in

Chapter 28, City Code, related to wireless facilities in public

rights-of-way.

A copy of the agenda may be obtained by contacting: A copy

of the agenda and ordinance will not be physically available in

the Clerk’s office as City Hall is closed to the public due to

Coronavirus-19. A copy of the agenda and ordinance may be

obtained by contacting: City Clerk’s Office at (904)247-6250

during regular business hours. A copy may also be requested by

emailing either [email protected] or [email protected]. A

copy will also be included in our regularly published City

Council Agenda. 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 24 hours before the

workshop/meeting by contacting: If you are hearing or speech











1512





contacting: 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: City Clerk’s Office at

(904)247-6250 during regular business hours.

FLORIDA WORKERS’ COMPENSATION INSURANCE

GUARANTY ASSOC., INC.

The Florida Workers’ Compensation Insurance Guaranty

Association's Board announces a public meeting to which all


DATE AND TIME: April 29, 2020, 10:00 a.m.

PLACE: Tallahassee, FL


Board will meet to discuss the general business of the

Association. The agenda will include but not limited to:

Minutes, Receiver's Report, Legal, Financial, Claims,

Committee and Operations Reports.

A copy of the agenda may be obtained by contacting: Cathy

Irvin, (850)386-9200.





contacting: Cathy Irvin, (850)386-9200. If you are hearing or



(Voice).



The FWCIGA Audit Committee announces a public meeting to


DATE AND TIME: April 28, 2020, 3:00 p.m.



Committee will meet to discuss the general business of the

Association. The agenda will include but not limited to:

Minutes, 2019 Audit Report and the Charter/Checklist Review.


Irvin, (850)386-9200.








(Voice).



The FWCIGA Investment Committee announces a public


DATE AND TIME: April 29, 2020, 8:30 a.m.



Investment Committee will meet to discuss the general business

of the Association. The agenda will include but not limited to:

Approval of Minutes and Investment Report.


Irvin, (850)386-9200.








(Voice).

Section VII

Notice of Petitions and Dispositions

Regarding Declaratory Statements



33-204.003 Food Services - Standards of Operation

NOTICE IS HEREBY GIVEN that the Florida Department of

Corrections has issued an order disposing of the petition for

declaratory statement filed by inmate Larry Collins, Jr., DC#

M73087 on February 25, 2020. The following is a summary of

the agency's disposition of the petition:

As an inmate of the Florida Department of Corrections, the

Petitioner may only participate in administrative proceedings

that are brought pursuant to paragraphs 120.54(3)(c) and (7),

Florida Statutes. Pursuant to subsection 120.81(3), Florida

Statutes, the Petitioner lacks standing to bring a Petition for

Declaratory Statement, and the Department lacks jurisdiction to

issue a declaratory statement in this case.










1513

A copy of the Order Disposing of the Petition for Declaratory

Statement may be obtained by contacting: Betty Renfroe, 501

South Calhoun Street, Tallahassee, Florida 32399,

[email protected], (850)717-3605.


REGULATION

Construction Industry Licensing Board

NOTICE IS HEREBY GIVEN that the Construction Industry

Licensing Board has issued an order on March 23, 2020

declining to answer the petition for declaratory statement filed

by Raw Construction, LLC. In the Petition, the Petitioner

asserts that prior declaratory statements the Board issued in

2018-041 and 2014-074 are in direct conflict. The Petitioner

asks the Board to declare that a utility and excavation contractor

cannot relocate natural gas lines for Gulf Breeze, Florida. The

Notice of Petition for Declaratory Statement was published in

Vol. 46, No. 14, on January 22, 2020, in the Florida

Administrative Register. The Board, at its meeting held on

February 14, 2020, declined to answer because of the current

bid protest and imminent litigation involved with this issue.

A copy of the Board’s Order or additional information may be

obtained by contacting: Daniel Biggins, Executive Director,

Construction Industry Licensing Board, 2601 Blair Stone Road,

Tallahassee, Florida 32399-1039 or telephone: (850)487-1395,

or by electronic mail to [email protected].

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 has been filed with 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

NONE

Section XI

Notices Regarding Bids, Proposals and

Purchasing

FLORIDA A&M UNIVERSITY FACILITIES PLANNING,

CONSTRUCTION AND SAFETY

DESIGN PROFESSIONAL SERVICES ADVERTISEMENT

Florida A&M University Professional Services Continuing

Contract 2020-2022 Selection

Attachment 1 FAMU Facilities Planning and Construction

Project Manager's Manual

NOTICE TO PROFESSIONAL CONSULTANTS

Florida A&M University, on behalf of its Board of Trustees,

announces that Professional Services in the discipline of

[Architecture/Engineer, or Other] will be required for the

project listed below:

Project and Location: Professional Services Continuing

Contract 2020-2022 Selection

Located on Florida A&M University’s Campus, the design will

consist of projects implemented under this agreement is limited

to repairs, modifications, alterations, and new construction

projects whose Project Amounts does not exceed $2,000,000;

or planning or study activities for which the fee does not exceed

$2,000,000.

The total construction budget is approximately $ 2,000,000 and

below. The selected firm will provide programming, schematic

design, design development, construction documents and

construction administration for the referenced project. This

project will be delivered via a Florida A&M University Design

Standards.

Blanket professional liability insurance will be required for this

project in the amounts identified below and will be provided as

a part of Basic Services.

COMMERCIAL GENERAL LIABILITY coverage with the

following minimum limits:

A. $1,000,000 Each Occurrence

B. $2,000,000 General Aggregate

C. $1,000,000 Products & Completed Operations

mailto:[email protected]




1514

D. $50,000 Fire Damage

AUTOMOBILE LIABILITY

A. Combined Single Limit - $1,000,000 each occurrence

WORKERS’ COMPENSATION and EMPLOYER’S

LIABILITY

A. Workers’ Compensation limit of liability as provided by

Florida Statutes Chapter 440.

B. Employers’ Liability $500,000

PROFESSIONAL LIABILITY

A.$1,000,000

INSTRUCTIONS:

Firms desiring to apply for consideration shall submit a letter of

application. The letter of application should have attached:

1. A completed "Florida A&M University Professional

Qualifications Supplement" (FAMU-PQS Revised January

2004). Applications on any other form may not be considered.

Selection of finalists for an interview will be made on the basis

of professional qualifications, including experience and ability;

past experience; design ability; the volume of work; and

distance from the project.

2. 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 bound 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.

Sole Point of Contact: The FAMU Professional Qualifications

Supplement, the Project Fact Sheet, and the approved Facilities

Program are available by contacting the University’s Sole Point

of Contact for this project, (Craig Talton, Director of Facilities

Planning and Construction, 2400 Wahnish Way, Suite 100,

Tallahassee, Florida 32307, phone: (850)412-7509,

fax:(850)561-2289, email: [email protected]. From the

date of issuance of this Notice until a final selection of a

consultant is made or a notice of cancellation is posted, the

consultant must not make available or discuss its proposal, or

any part thereof, with any member of the Selection Committee,

unless permitted by the Sole Point of Contact, in writing, for

purposes of clarification only, as set forth herein. Any

individual associated with a consultant who contacts members

of the Selection Committee, regarding any aspect of this

project, whether such contact be in person, telephone, or

through electronic or written correspondence, may be

determined to have violated the terms and conditions of this

solicitation. If that determination is made, any proposal

received from such an individual OR their company may be

rejected as non-responsive and not subject to evaluation. If

there are any changes or additions to the Sole Point of Contact

information at any time in the process, participating consultants

will be notified via an addendum to the Notice.

Questions regarding the Notice and/or process should be

submitted via fax or email to the Sole Point of Contact. No oral

communications shall be considered as a change to the Notice.

FAMU may respond to questions deemed by the University to

be material in nature via a written addendum to the Notice.

Interpretation of the wording of this document shall be the

responsibility of the FAMU and that interpretation shall be

final.

All postings referred to in this Notice will be posted

electronically on the FAMU Office of Procurement website at

http://www.famu.edu/index.cfm?Purchasing&Solicitations. At

all times it shall remain the responsibility of the consultants

participating in this solicitation to check the postings at our

office and/or the Purchasing Department in the POM Building

B. No further notice will be given.

Six (6) electronic sets of the required proposal data shall be

submitted via email to [email protected] of Facilities

Planning & Construction and copy [email protected] of

the Office of Procurement Services. Do to the COVID-19, we

will not be accepting hard copies addressed to the Office of

Procurement Services, Florida A&M University, 2380 Wahnish

Way, Suite 214, Tallahassee, Florida 32307-000 by 2:00 p.m.

local time, on May 5, 2020. Facsimile (FAX) submittals are not

acceptable and will not be considered.

Attachment 3 FAMU Facilities Planning and Construction

Project Manager's Manual

CONSTRUCTION MANAGEMENT – CONTINUING

SERVICES ADVERTISEMENT

NOTICE TO CONSTRUCTION MANAGERS

Florida A&M University, on behalf of its Board of Trustees,

announces that Professional Services in the discipline of

Construction Management will be required for minor projects.

Projects (s): All Construction Minor Projects

Project (s) Location: Florida A&M University’s campuses.

The Construction Manager will be a single point of

responsibility for the performance of multiple construction

contracts up to $2,000,000 individually, functioning as an

independent contractor, publicly bidding trade contracts. A


1515

minimum of two construction management contracts will be

awarded, for an initial period of one year with an option to

renew for two additional one-year extensions.

Selection of finalists for interviews will be made on the basis of

Construction Manager Qualifications, including experience and

ability, past experience, record-keeping, project administration,

scheduling, cost estimating, cost control, quality control, and

qualification of the firm's personnel. Finalist will be provided

with a copy of a list of the final interview evaluation criteria,

and a copy of the Florida A&M University standard Agreement

for Continuing Construction Management Services. The final

ranking for shall be determined based on the oral presentation

and references. The selection committee may reject all

proposals and stop the selection process at any time.

INSTRUCTIONS: The university’s Sole Point of Contact for

this project, Craig Talton, Director, Office of Facilities

Planning and Construction, (phone: (850)412-7509 and email

[email protected] . From the date of issuance of this

Notice until a final selection of a Construction Manager is made

or a notice of cancellation is posted, the Construction Manager

must not make available or discuss its proposal, or any part

thereof, with any member of the Selection Committee, unless

permitted by the Sole Point of Contact, in writing, for purposes

of clarification only, as set forth herein. Any individual

associated with a Construction Manager who contacts members

of the Selection Committee, regarding any aspect of this

project, whether such contact is in person, telephone, or through

electronic or written correspondence, may be determined to

have violated the terms and conditions of this solicitation. If that

determination is made, any proposal received from such an

individual OR their company may be rejected as non-

responsive and not subject to evaluation. If there are any

changes or additions to the Sole Point of Contact information at

any time in the process, participating Construction Manager’s

will be notified via an addendum to the Notice.

Questions regarding the Notice and/or process should be

submitted by email to the Sole Point of Contact. No oral

communications shall be considered as a change to the Notice.

FAMU may respond to questions deemed by the University to

be material in nature via a written addendum to the Notice.

Interpretation of the wording of this document shall be the

responsibility of FAMU and that interpretation shall be final.

All postings referred to in this Notice will be posted

electronically on the FAMU Procurement website:

http://www.famu.edu/index.cfm?Purchasing&Solicitations. At

all times it shall remain the responsibility of the Construction

Manager participating in this solicitation to check the website

for postings of addenda, shortlists, and award decisions. No

further notice will be given.

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 current or future

University projects.

Firms desiring to provide Construction Management services

for the project shall submit a letter of application and a

completed “Florida A&M University Construction Manager

Qualification Supplement” (FAMU-CM-PQS Revised 2-8-

2019). 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

warrant that it will neither utilize the services of, nor contract

with, any supplier, subcontractor, or consultant in excess of

$35,000.00 in connection with this project for a period of 36

months from the date of their being placed on the convicted

vendor list.

Six (6) bound sets of the required proposal data shall be

submitted via email to [email protected] and copy

[email protected] to the Office of Procurement Services.

Do to the COVID-19, we will not be accepting hard copies

addressed to the Office of Procurement Services, Florida A&M

University, 2380 Wahnish Way, Suite 214, Tallahassee, Florida

32307-000 by 2:00 p.m. local time, on May 5, 2020. Facsimile

(FAX) submittals are not acceptable and will not be considered.

Florida A&M University, 2380 Wahnish Way, Suite 214,

Tallahassee, Florida 32307-0000, by 2:00 p.m. on May 5, 2020.

Facsimile (FAX) submittals are not acceptable and will NOT

be considered.

Section XII

Miscellaneous

DEPARTMENT OF STATE

Index of Administrative Rules Filed with the Secretary of State

Pursuant to subparagraph 120.55(1)(b)6. – 7., F.S., the below

list of rules were filed in the Office of the Secretary of State

between 3:00 p.m., Friday, April 3, 2020 and 3:00 p.m.,

Thursday, April 9, 2020.

http://www.famu.edu/index.cfm?Purchasing&Solicitations



1516

Rule No. File Date Effective

Date

1S-2.034 4/3/2020 4/23/2020

1S-2.032 4/3/2020 4/23/2020

5B-57.014 4/7/2020 4/27/2020

33-402.101 4/3/2020 4/23/2020

33-601.250 4/3/2020 4/23/2020

33-602.112 4/3/2020 4/23/2020

33-208.004 4/3/2020 4/23/2020

33-601.215 4/3/2020 4/23/2020

53ER20-27 4/3/2020 4/3/2020

53ER20-28 4/8/2020 4/8/2020

53ER20-29 4/8/2020 4/11/2020

53ER20-30 4/9/2020 4/9/2020

61G6-6.017 4/8/2020 4/28/2020

61H1-20.0093 4/7/2020 4/27/2020

61H1-27.001 4/3/2020 4/23/2020

61H1-31.002 4/3/2020 4/23/2020

64B4ER20-24 4/3/2020 4/3/2020

64B16-27.830 4/8/2020 4/28/2020

65C-45.001 4/6/2020 4/26/2020

65C-45.002 4/6/2020 4/26/2020

65C-45.003 4/6/2020 4/26/2020

65C-45.004 4/6/2020 4/26/2020

65C-45.005 4/6/2020 4/26/2020

65C-45.006 4/6/2020 4/26/2020

65C-45.007 4/6/2020 4/26/2020

65C-45.008 4/6/2020 4/26/2020

65C-45.009 4/6/2020 4/26/2020

65C-45.010 4/6/2020 4/26/2020

65C-45.011 4/6/2020 4/26/2020

65C-45.012 4/6/2020 4/26/2020

65C-45.013 4/6/2020 4/26/2020

65C-45.014 4/6/2020 4/26/2020

65C-45.015 4/6/2020 4/26/2020

65C-45.016 4/6/2020 4/26/2020

65C-45.017 4/6/2020 4/26/2020

65C-45.018 4/6/2020 4/26/2020

68A-15.006 4/3/2020 7/1/2020

68A-15.062 4/3/2020 7/1/2020

68A-15.063 4/3/2020 7/1/2020

68A-15.064 4/3/2020 7/1/2020

68A-15.065 4/3/2020 7/1/2020

68B-7.001 4/3/2020 7/1/2020

68B-7.002 4/3/2020 7/1/2020

68B-7.003 4/3/2020 7/1/2020

68B-7.004 4/3/2020 7/1/2020

68B-7.008 4/3/2020 7/1/2020

68B-14.0035 4/3/2020 7/1/2020

68B-24.0067 4/3/2020 7/1/2020

68B-31.0035 4/3/2020 7/1/2020

THE FOLLOWING RULE HAS BEEN

RESCINDED AS OF APRIL 7, 2020

Rule No. File Date Effective Date

59A-36.015 3/27/2020 4/16/2020

LIST OF RULES AWAITING LEGISLATIVE

APPROVAL SECTIONS 120.541(3), 373.139(7)

AND/OR 373.1391(6), FLORIDA STATUTES

Rule No. File Date Effective

Date

60FF1-5.009 7/21/2016 **/**/****

60P-1.003 11/5/2019 **/**/****

60P-2.002 11/5/2019 **/**/****

60P-2.003 11/5/2019 **/**/****

64B8-10.003 12/9/2015 **/**/****


1517

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Clean Water State Revolving Fund

NOTICE OF AVAILABILITY

FLORIDA CATEGORICAL EXCLUSION NOTICE

Town of Eatonville, Florida

The Florida Department of Environmental Protection (DEP)

has determined that the Town of Eatonville’s project involving

rehabilitation or replacement of its sanitary sewer system

facilities is not expected to generate controversy over potential

environmental effects. The total estimated construction cost is

$9,784,000. The project may qualify for a Clean Water State

Revolving Fund loan comprised of federal and state funds. DEP

will consider public comments about the environmental impacts

of the proposed project that are postmarked or delivered at the

address below within 30 days of this notice. A full copy of the

Florida Categorical Exclusion Notice can be obtained by

writing to: Catherine Murray, SRF Program, Department of

Environmental Protection, 3900 Commonwealth Boulevard,

MS#3505, Tallahassee, Florida 32399-3000, (850)245-2916;

[email protected].

Section XIII

Index to Rules Filed During Preceding

Week

NOTE: The above section will be published on Tuesday

beginning October 2, 2012, unless Monday is a holiday, then it

will be published on Wednesday of that week.


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