DEPARTMENT OF BANKING AND FINANCE Division of ......and Rates Universal Standardized Data Letter,” completely filled out in accordance with Form DI4-1507A, “The Florida Department

Florida Administrative Weekly Volume 28, Number 17, April 26, 2002

Section I Notices of Development of Proposed Rules

and Negotiated Rulemaking

DEPARTMENT OF BANKING AND FINANCEDivision of Finance RULE TITLE: RULE NO.:Proof of Ownership and Entitlement to

Unclaimed Property 3D-20.0022PURPOSE AND EFFECT: The purpose and effect of theproposed rule amendment is to specify what must be filed withthe Department when filing a claim for unclaimed propertyowned by a dissolved corporation. As an alternative to filing acertified copy of the last corporate filing reflecting the officersand directors of the corporation, the claimant may provide theDepartment with a state’s web site address if the sameinformation is available on the Internet site. As an alternativeto a bankruptcy search, the claimant may provide theDepartment with the results of a Public Access to CourtElectronic Records (PACER) search in the bankruptcy court ofthe state and district of incorporation and where the main officeis located, if different. The rule amendments also requirebankruptcy information to be provided if the dissolvedcorporation has been a debtor in bankruptcy. If the bankruptcyestate is open or if the bankruptcy estate is reopened, theunclaimed property will be remitted to the bankruptcy estate.SUBJECT AREA TO BE ADDRESSED: Filing claims forunclaimed property owned by dissolved corporations.SPECIFIC AUTHORITY: 717.138 FS.LAW IMPLEMENTED: 92.525, 717.124, 717.126 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 9:00 a.m., Wednesday, May 15, 2002PLACE: Suite 547, The Fletcher Building, 101 E. Gaines St.,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Paul C. Stadler, Jr.,Assistant General Counsel, Department of Banking andFinance, Suite 526, The Fletcher Building, 101 E. Gaines St.,Tallahassee, Florida 32399-0350, (850)410-9896

THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS:

3D-20.0022 Proof of Ownership and Entitlement toUnclaimed Property.

(1) through (5)(b) No change.

(c)1. If the unclaimed business account is for a dissolvedcorporation, the claimant shall specify the corporation’s stateof incorporation and principal place of business address. Theclaimant shall provide a certified copy of the last corporatefiling reflecting the officers and directors of the corporation,which shall be obtained If the unclaimed business account isfor a dissolved corporation, then certification from anappropriate state official of the state of incorporation, certifiedwithin one (1) year of the filing of the claim, shall be providedto the Department to reflect the last corporate filing. Thecertified copy of the last corporate filing shall not be requiredif:

a. The officers and directors of the dissolved corporationas of the last corporate filing are identified on the Internet siteof the Florida Department of State, or

b. The claimant has provided the address of a free Internetsite maintained by the state of incorporation of the dissolvedcorporation that identifies the officers and directors of thedissolved corporation as of the date of the last corporate filing.

2. Appropriate evidence shall be provided to reflect thatthe dissolved corporation is the same corporation as on theDepartment's records and appropriate evidence shall beprovided to reflect the claimant is entitled to all or aproportional share of the dissolved corporation or that theperson is an officer or director of the corporation.

3. A claim for an unclaimed business account for adissolved corporation shall state if the dissolved corporationhas ever been a debtor in bankruptcy. If the dissolvedcorporation has ever been a debtor in bankruptcy, the claimantshall identify the bankruptcy chapter that the case proceededunder. The claimant shall also state the location of thebankruptcy court, the case number, and the address andtelephone number of the Office of the U.S. Trustee in thatjurisdiction. If no bankruptcy proceedings of the dissolvedcorporation are known, the claimant shall so state and shalleither provide the results of a bankruptcy court web site PublicAccess to Court Electronic Records (PACER) search in thebankruptcy court of the state and district of incorporation andwhere the main office is located, if different, or provide acompleted United States Bankruptcy Court Application forSearch of Bankruptcy Records shall be provided to theDepartment from the state and district of incorporation, andwhere the main office is located, if different.

4. The Office of the U.S. Trustee will be contacted by theDepartment if the dissolved corporation was a debtor in aclosed bankruptcy case if the aggregate value of the unclaimedproperty is greater than $250.00. If the bankruptcy case isreopened, the unclaimed property shall be remitted to thebankruptcy trustee.

5. The unclaimed property shall be remitted to thebankruptcy trustee if one has been appointed and the dissolvedcorporation is a debtor in a pending bankruptcy case.

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 1855


6. A claim for an unclaimed business account for adissolved corporation shall include the personal Personalidentification of the officer, director or shareholder filing theclaim shall be provided as specified in subsection (2) of thisrule.Specific Authority 717.138 FS. Law Implemented 92.525, 717.124, 717.126FS. History–New 3-20-91, Amended 3-13-96, 8-18-96, 1-28-97, 1-18-99,4-16-02, ________.

DEPARTMENT OF INSURANCE RULE TITLES: RULE NOS.:Filing, Approval of Subscriber Contract

and Related Forms 4-203.042Rates 4-203.045Prescribed Forms 4-203.100PURPOSE AND EFFECT: The primary purpose of theproposed rule amendments is to require Prepaid Limited healthService Organizations to submit the standardized data letterthat all insurers are required to submit with every rate and formfiling made with the Department of Insurance. The proposedchanges also set forth the materials that must be included witheach rate and form filing. Finally, the changes correctaddresses to be used in submitting filings.SUBJECT AREA TO BE ADDRESSED: Rate and formfilings by prepaid limited health service organizations.SPECIFIC AUTHORITY: 636.067 FS.LAW IMPLEMENTED: 624.321(1)(a), 636.005, 636.008,636.009, 636.012, 636.016, 636.017, 636.018, 636.043 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 1:30 p.m., May 21, 2002PLACE: Room 143, Larson Building, 200 E. Gaines St.,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Frank Dino, ChiefActuary, Bureau of Life and Health Forms and Rates, Divisionof Insurer Services, Department of Insurance, 200 E. GainesStreet, Room 312-D, Larson Building, Tallahassee, FL32399-0328, (850)413-5014Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this program should advise the Department atleast 5 calendar days before the program by contacting YvonneWhite, (850)413-4214.


4-203.042 Filing, Approval of Subscriber Contract andRelated Forms.

(1) Every group or individual subscriber contract andevery rider, endorsement, certificate, application, or other formto be used or issued in connection with any subscriber contractshall be filed by the PLHSO for approval by the Departmentbefore it may be delivered in this state, pursuant to the criteriain Section 636.0186(1)(a), Florida Statutes. The form may beused immediately but is subject to disapproval by theDepartment. If disapproved, use of the form shall bediscontinued immediately.

(2) Every form required to be filed by the PLHSO shall beidentified by a unique form number, placed in the lower lefthand corner of each form.

(3) Filing Format for All Forms. Two copies of each filingshall be submitted at the time of filing. PLHSOs in possessionof a Certificate of Authority shall mail submit all contractfilings to: the Bureau of Life and Health Forms and Rates,Division of Insurer Services, Department of Insurance, PostOffice Box 8040, Tallahassee, Florida 32301-8040 99-0328;submit filings electronically to [email protected]; orsubmit filings to the Department by Federal Express or anyother form of special delivery by delivery to: Bureau of Lifeand Health Forms and Rates, Division of Insurer Services,Department of Insurance, 1st Floor, Larson Building, 200 EastGaines Street, Tallahassee, FL 32399-0328. A filing shallconsist of one copy of each of the following items:

(a) A brief letter explaining the type and nature of thefiling. The letter shall indicate if the filing is for a new product,or a resubmission. If the filing is a resubmission, the letter shallindicate when the previous filing was submitted, the Floridafiling number, and the date of the disapproval.

(b) Form DI4-1507, “The Florida Department ofInsurance, Treasurer and Fire Marshal Life and Health Formsand Rates Universal Standardized Data Letter,” completelyfilled out in accordance with Form DI4-1507A, “The FloridaDepartment of Insurance, Treasurer and Fire Marshal Life andHealth Forms and Rates Universal Standardized Data LetterInstruction Sheet.”

(c) The form being submitted by the PLHSO for approval.(d) An actuarial memorandum consistent with the

requirements of Rule 4-203.045, F.A.C.(e) Rate pages that define all proposed rates, rating factors,

and methodologies for determining rates applicable in the state.Specific Authority 636.067 FS. Law Implemented 636.016, 636.017, 636.018FS. History–New 11-15-94, Amended________.

4-203.045 Rates.(1) through (7) No change.(8) Filing Format for All Rate Filings. A filing shall

consist of one copy of each of the following:

1856 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking


(a) A brief letter explaining the type and nature of thefiling. The letter shall indicate if the filing is for a new product,a rate revision, or a resubmission. If the filing is aresubmission, the letter shall indicate when the previous filingwas submitted, the Florida filing number, and the date of thedisapproval.

(b) Form DI4-1507, “The Florida Department ofInsurance, Treasurer and Fire Marshal Life and Health Formsand Rates Universal Standardized Data Letter,” completelyfilled out in accordance with Form DI4-1507A, “The FloridaDepartment of Insurance, Treasurer and Fire Marshal Life andhealth Forms and Rates Universal Standardized Data LetterInstruction Sheet.”

(c) An actuarial memorandum, consistent with therequirements of Rule 4-203.045, F.A.C.

(d) Rate pages that define all proposed rates, rating factors,and methodologies for determining rates applicable in the state.The PLHSO shall submit two copies of each rate filing to theDepartment of Insurance, Life and Health Rate and ReserveAnalysis, Tallahassee, Florida 32399-0300.

(9) Filings shall be mailed to: Bureau of Life and HealthForms and Rates, Division of Insurer Services, Department ofInsurance, Post Office Box 8040, Tallahassee, FL 32301-8040;submitted electronically to [email protected].; orsubmitted to the Department by Federal Express or any otherform of special delivery by delivery to: Bureau of Life andHealth Forms and Rates, Division of Insurer Services,Department of Insurance, 1st Floor, Larson Building, 200 EastGaines Street, Tallahassee, FL 32399-0328.Specific Authority 636.067 FS. Law Implemented 636.017, 636.018, 636.043FS. History–New 11-15-94, Amended________.

4-203.100 Prescribed Forms.The forms listed below are incorporated herein, and made apart of, these rules by reference:

Title Form Number(1) through (13) No change.(14) The Florida Department of Insurance, Treasurer and

Fire Marshal Life and Health Forms and Rates UniversalStandardized Data Letter DI4-1507 (1/02).

(15) The Florida Department of Insurance, Treasurer andFire Marshal Life and Health Forms and Rates UniversalStandardized Data Letter Instruction Sheet DI4-1507A(1/02).Application forms may be obtained from the ApplicationCoordinator, Insurer Services Support, Tallahassee, FL32399-0327. All other forms may be obtained from theDepartment of Insurance, Bureau of Life and Health InsurerSolvency, Larson Building, Tallahassee, FL 32399-0327.Specific Authority 636.067 FS. Law Implemented 624.321(1)(a), 636.005,636.008, 636.009, 636.012, 636.043 FS. History–New 11-15-94,Amended________.

DEPARTMENT OF INSURANCEDivision of State Fire MarshalRULE CHAPTER TITLE: RULE CHAPTER NO.:Fire Protection System

Contractors and Systems 4A-46RULE TITLE: RULE NO.:Installation Requirements for Automatic

Sprinkler Systems Employing Water as the Extinguishing Agent 4A-46.040

PURPOSE AND EFFECT: The changes would have thepurpose and effect of specifically determining the point ofservice for a complete sprinkler system as it relates to thebackflow preventer. The proposed rule change is intended toaddress a petition requesting a declaratory statement which, ifissued, would constitute an agency statement of generalapplicability that implements, interprets, or prescribes law orpolicy, or would constitute an amendment of an existing rule.SUBJECT AREAS TO BE ADDRESSED: The point ofservice of a water based sprinkler system in relation to thebackflow preventer.SPECIFIC AUTHORITY: 633.01(1), 633.517(1) FS.LAW IMPLEMENTED: 633.021(18) FS.A RULE DEVELOPMENT WORKSHOP WILL BE HELDAT THE TIME, DATE AND PLACE SHOWN BELOW.TIME AND DATE: 10:00 a.m., May 13, 2002PLACE: Conference Rooms A, B, and C, Hurston SouthTower, State Office Building, 400 West Robinson Street,Orlando, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Jim Goodloe,Chief, Bureau of Fire Prevention, Division of State FireMarshal, Bureau of Fire Prevention, 200 East Gaines Street,Tallahassee, FL 32399-0342, (850)922-3171Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this program, please advise the Department atleast 5 calendar days before the program by contactingMillicent King, (850)413-3619.THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS NOT AVAILABLE.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICESDivision of Agricultural Environmental ServicesThe Department hereby announces that it intends to convene anegotiated rulemaking proceeding.RULE SUBJECT AND SCOPE: Under Chapter 487.041(4)(e)F.S., the Department has been authorized and required todevelop rules to specifying the performance standards andacceptable testing conditions for data submitted in support ofefficacy claims for pesticide products containing labelstatements for use as preventative treatments for termites fornew construction.This negotiated rulemaking will concern the



language of the rule that will specify the performancestandards and acceptable testing conditions regarding dataprovided in support of registration of pesticide productscontaining label statements for use as preventative treatments for termites for new construction so that the data show that theproduct will prevent damage to a structure and its contents fora minimum of five years under Florida conditions.LIST OF INVITED COMMITTEE MEMBERS: The following persons are invited to participate in thisnegotiated rulemaking procedure:Frank Gasperini, Director of State Issues, Responsible Industryfor a Sound Environment (RISE), representing pesticideregistrant interests.

1156 15th Street, N.W.Suite 400Washington, DC 20005(202)872-3860

Norm Smith, Certified Pest Control Operators, representingpest control operators interests.

6635 W. Commercial BoulevardSuite 201Tamarac, FL 33319(954)724-8806

DR Sapp, Legislative Affairs Chairman, Florida PestManagement Association, representing pest control operatorsinterests.

c/o Florida Pest Management Association6882 Edgewater Commerce ParkwayOrlando, FL 32810-4281(800)426-4829

Bob Rosenberg, Executive Director, National PestManagement Association, representing pest control operatorsinterests.

National Pest Management Association8100 Oak StreetDunn Loring, Virginia 22027(703)573-8330

Jack Glenn, Technical Services Director, Florida HomeBuilders Association, representing home builders interests.

Florida Home Builders Association243 Office Plaza Drive Tallahassee, FL 32301(800)261-9447 Ext. 18

A. Roland Holt, Director of Building Division and BuildingOfficial, Palm Beach County Florida, representing buildingofficials interests.

100 Australian AvenueWest Palm Beach, FL 33406-1465(561)233-5100

Michael C. Beckers, Wilson and Schmidt Insurance,representing insurance industry interests.

Citrus CenterPost Office Drawer 1793Orlando, Florida 32802(407)540-1400

Phil Koehler, Professor, University of Florida, AgriculturalExtension Service, representing the entomology extensionservice of the Institute of Food and Agricultural Sciences.

Department of Entomology and NematologyUniversity of FloridaP. O. Box 110620Gainesville, FL 32611-0620(352)392-1901

Steve Dwinell, Assistant Division Director, Division ofAgriculture Environmental Services, Department ofAgriculture and Consumer Services, representing theDepartment of Agriculture and Consumer Services, 3125Conner Boulevard, C16, Tallahassee, Florida 32399RULEMAKING TIME FRAMES: The committee shall reportin writing the results of its deliberations and /or proposed rulesto the agency at the earliest possible time, not to exceed 90days from the date of the last negotiation meeting.MEETING TIMES, DATES AND PLACES ARE ASFOLLOWS:10:00 a.m. – 4:00 p.m., May 29, 2002, Hurston South Tower,400 South Robinson St., Orlando, FL 32810.10:00 a.m. – 4:00 p.m., June 18, 2002, Broward CountyExtension Service, 3245 College Ave., Davie, FL 333314.10:00 a.m. – 4:00 p.m., July 9, 2002, USDA Building, 1700SW 23rd Drive, Gainesville, FL 32608.10:00 a.m. – 4:00 p.m., July 25, 2002, Hurston South Tower,400 South Robinson St., Orlando, FL 32810.10:00 a.m. – 4:00 p.m., August 20, 2002, Hurston SouthTower, 400 South Robinson St., Orlando, FL 32810.10:00 a.m. – 4:00 p.m., September 10, 2002, Hurston SouthTower, 400 South Robinson St., Orlando, FL 32810.PERSONS WHO WISH TO PARTICIPATE IN THECOMMITTEE: If you believe your interests in this proceedingare not adequately represented, you may apply to participate onthis committee by doing the following:

1. Submit a written request to participate to: Mr. StevenDwinell, Assistant Director, Division of AgriculturalEnvironmental Services, Department of Agriculture andConsumer Services, 3125 Conner Blvd., Tallahassee, Florida32399-1650.

2. Your request to participate must be submitted to theperson and address listed above within 30 days of the date ofthis notice.



3. The agency will respond in writing to your requestwithin 20 days of receipt of your request by the agency. Theagency’s response will notify you as to whether or not yourrequest to participate has been granted or denied and shall statethe basis for granting or denying your request.NEGOTIATING COMMITTEE NEUTRAL FACILITATOR:Mr. Jeff Blair, with the Florida Conflict ResolutionConsortium will serve at the pleasure of the NegotiatingCommittees as the neutral facilitator.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICESDivision of StandardsRULE TITLES: RULE NOS.:Standards of National Fire Protection

Association Adopted 5F-11.002Installation of Containers on Roofs of Buildings 5F-11.028Out of Service Account Procedure 5F-11.043Dispensing Units 5F-11.045PURPOSE AND EFFECT: The purpose of this rule revision isto adopt the 2001 edition of National Fire ProtectionAssociation Standard #58, The LP-Gas Code and to revisereferences within the rules to be consistent with the 2001edition.SUBJECT AREA TO BE ADDRESSED: Adoption of the2001 edition of the National Fire Protection AssociationStandard #58, The LP-Gas Code.SPECIFIC AUTHORITY: 527.06 FS.LAWS IMPLEMENTED: 527.06, 527.062 FS.IF REQUESTED, A RULE DEVELOPMENT WORKSHOPWILL BE HELD AT THE TIME, DATE AND PLACESHOWN BELOW:TIME AND DATE: 10:00 a.m., May 20, 2002PLACE: Division of Standards Conference Room, Suite E,Doyle Conner Administration Building, 3125 ConnerBoulevard, Tallahassee, Florida 32399-1650THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Vicki O’Neil,Bureau Chief, Bureau of Liquefied Petroleum Gas Inspection,3125 Conner Blvd., Suite N, Tallahassee, Florida 32399-1650,(850)921-8001


5F-11.002 Standards of National Fire ProtectionAssociation Adopted.

(1) The standards of the National Fire ProtectionAssociation for the storage and handling of liquefied petroleumgases as published in NFPA No. 58, LP-Gas Code 2001 1998edition, and for gas appliances and gas piping as published inNFPA No. 54, American National Standard National Fuel GasCode, 1999 edition, shall be the accepted standards for this

state, subject to such additions and exceptions as are set forthin these rules. Reference to NFPA 58 and NFPA 54 in theserules shall be to the most recent edition as adopted herein.

(a) The compliance date referenced in Section 2-3.1.5,NFPA 58, with regard to equipping cylinders with an overfillprevention device is extended to July 1, 1999.

(b) The compliance date referenced in Section 3-2.10.11,NFPA 58, with regard to installation of manually operatedremote emergency shutoff devices is extended to September 1,1999.

(c) Tentative Interim Amendment 98-1 to the 1998 editionof NFPA 58, issued by the National Fire ProtectionAssociation Standards Council in regard to Section 5-4 entitled“Storage Outside of Buildings” and the related appendices, ishereby adopted.

(a)(d) Section 3.2.10 3-2.5 of NFPA 58, 2001 1998edition, titled “Installation of Containers on Roofs,” is herebyexcluded from adoption.

(2) Each of the NFPA publications listed in subsection (1)above is incorporated by reference in each rule within this rulechapter in which reference is made to the publication. In eachinstance, the publication becomes a part of the rule, in theentirety of the publication, or in part thereof, as the ruleprovides or the context of the rule may require.

(3) “NFPA” is the recognized abbreviation for theNational Fire Protection Association, Inc., and generally theabbreviation is used in these rules in identifying thepublications of the association. The public may obtain a copyof any NFPA publication by writing the association, whoseaddress is: National Fire Protection Association, Inc.,Batterymarch Park, Quincy, Massachusetts 02269.Specific Authority 527.06 FS. Law Implemented 527.06 FS. History–New8-7-80, Formerly 4A-1.01, Amended 7-18-85, Formerly 4B-1.01, Amended10-8-86, 2-6-90, 8-9-92, Formerly 4B-1.001, Amended 7-20-95, 7-23-97,6-8-99, 5-23-00,________.

5F-11.028 Installation of Containers on Roofs ofBuildings.Installation of containers on roofs of buildings as referenced inNFPA 58, Section 3.2.10 3-5.2 is prohibited.Specific Authority 527.06 FS. Law Implemented 527.06, 527.062 FS. History–New 6-8-99, Amended 5-23-00,________.

5F-11.043 Out of Service Account Procedure.(1) All licensed suppliers of LP gas shall:(a) Identify those accounts where stationary,

company-owned tanks with a 100 gallon or more containercapacity have been out of service for a period of 12 months,and within 60 days, initiate appropriate container abandonmentprocedures pursuant to Section 3.2.9.1 (f) 3-2.4.8(h) of NFPA58. Alternatively, licensed suppliers may provide for the saferemoval of the container or containers, install a suitablemechanical device that prevents the system from beingactivated or have a pressure leak safety check pursuant to



Appendix D of NFPA 54 performed every 12 months. Thesupplier shall provide reasonable notice to the customer priorto initiating such procedures.

(b) In the event an account is reactivated, the supplier shallperform an appropriate pressure leak safety check. Eachsupplier shall maintain records of such inactive accountssuitable for inspection by the Department.

(2) All consumers, end users or owners of LP gascontainers shall:

(a) Within 60 days initiate the safety procedures outlinedin subparagraph (1)(a) above, pursuant to Section 3-2.4.8(h) ofNFPA 58 for any stationary LP gas tank with a 100 gallon ormore container capacity which has not been in use for a periodof 12 months.Specific Authority 527.06 FS. Law Implemented 527.06 FS. History–New7-23-86, Amended 2-6-90, Formerly 5F-11.044, Amended 4-30-96,_________.

5F-11.045 Dispensing Units.(1) through (4) No change.(5) The requirements for an actuated liquid withdrawal

valve pursuant to Section 2.2.3 2-2 of NFPA 58 asincorporated by reference in Rule 5F-11.002, F.A.C., shall notapply to dispensing units when such units are equipped with abottom outlet valve piped for liquid withdrawal or othermethod of liquid withdrawal that is permanently in place. Insuch cases, the actuated liquid withdrawal valve may bereplaced with an approved valve pursuant to the requirementsof NFPA 58.Specific Authority 527.06 FS. Law Implemented 527.06 FS. History–New6-8-88, Formerly 4B-1.032, Amended 3-15-94, 7-20-95, 6-5-97,________.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICESDivision of StandardsRULE TITLE: RULE NO.:Installer Licenses 5F-11.012PURPOSE AND EFFECT: The purpose of this rule revision isto provide a separate licensing category for persons engaged inthe installation of propane cylinders at certain definedconsumer sites. This will address new activities emergingwithin the industry along with developing technologies.SUBJECT AREA TO BE ADDRESSED: Establishment of anew specialty installer license category as provided by Section527.02, Florida Statutes.SPECIFIC AUTHORITY: 527.06, 527.01(11) FS.LAW IMPLEMENTED: 527.01(11), 527.02(2) FS.IF REQUESTED, A RULE DEVELOPMENT WORKSHOPWILL BE HELD AT THE TIME, DATE AND PLACESHOWN BELOW:TIME AND DATE: 1:00 p.m., May 20, 2002PLACE: Division of Standards Conference Room, Suite E,Doyle Conner Administration Building, 3125 ConnerBoulevard, Tallahassee, Florida 32399-1650

THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Vicki O’Neil,Bureau Chief, Bureau of Liquefied Petroleum Gas Inspection,3125 Conner Blvd., Suite N, Tallahassee, Florida 32399-1650,(850)921-8001


5F-11.012 Installer Licenses.(1) The following license types are established under the

Specialty Installer category:(a) through (c) No change.(d) Installer E is any person engaged in the liquefied

petroleum gas business whose services include installingportable propane cylinders of no more than 40 lbs. watercapacity at a consumer site for the sole purpose of fuel foroutdoor appliances and equipment; servicing, altering, ormodifying outdoor appliances, equipment, piping, or tubing toconvey liquefied petroleum gas to such outdoor appliances orequipment and selling or offering to sell, leasing or offering tolease, outdoor appliances or equipment for the use of liquefiedpetroleum gas. The scope of work that may be performed by anInstaller E does not include installing, servicing, altering, ormodifying liquefied petroleum gas motor fuel systems,liquefied petroleum gas equipment, appliances or systems onrecreational vehicles, permanently installed liquefiedpetroleum gas containers or container assemblies, or liquefiedpetroleum gas equipment, piping, appliances or systemsinstalled in the interior of any permanent building or structure.Specific Authority 527.01(11), 527.06 FS. Law Implemented 527.01(10),527.01(11), 527.02(2) FS. History–New 8-31-93, Formerly 4B -1.036,Amended ________.

DEPARTMENT OF TRANSPORTATIONRULE CHAPTER TITLE: RULE CHAPTER NO.:Incorporation by Reference 14-15RULE TITLE: RULE NO.:Manual of Uniform Minimum Standards for

Design, Construction and Maintenance for Streets and Highways 14-15.002

CORRECTION – The following Notice of Proposed RuleDevelopment was inadvertently published under Section II,Proposed Rules, in Vol. 28, No. 13, March 29, 2002, issue ofthe Florida Administrative Weekly on page 1430.PURPOSE AND EFFECT: The Manual of Uniform MinimumStandards for Design, Construction and Maintenance forStreets and Highways, commonly referred to as “the GreenBook,” is being revised.SUBJECT AREA TO BE ADDRESSED: The rule adopts theManual of Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways,



commonly referred to as “the Green Book.” Because themanual has been revised, that revised edition has to beincorporated by reference.SPECIFIC AUTHORITY: 334.044(2), 336.045(1) FS.LAW IMPLEMENTED: 336.045 FS.IF REQUESTED IN WRITING, A RULE DEVELOPMENTWORKSHOP WILL BE SCHEDULED AND ANNOUNCEDIN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: James C. Myers,Administrative and Management Support Level IV, FloridaDepartment of Transportation, Office of the General Counsel,605 Suwannee Street, Mail Station 58, Tallahassee, Florida32399-0458


14-15.002 Manual of Uniform Minimum Standards forDesign, Construction and Maintenance for Streets andHighways.The Manual of Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways, May– 2002, 2001 edition, is hereby incorporated by this rule andmade a part of the rules of the Department of Transportation.Copies of this Department manual and any amendmentsthereto are available from the Department of Transportation,Maps and Publications Sales, 605 Suwannee Street, MailStation 12, Tallahassee, Florida 32399-0450, at no more thancost.Specific Authority 334.044(2), 336.045(1) FS. Law Implemented 336.045 FS.His tory–New 1-22-76, Amended 7-13-81, 6-24-84, Formerly 14-15.02,Amended 8-25-86, 11-29-89, 11-1-94, 5-15-01, ________.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONDivision of Alcoholic Beverages and TobaccoRULE CHAPTER TITLE: RULE CHAPTER NO.:Vendors and Licensees 61A-3RULE TITLE: RULE NO.:Exploitation of Dwarfs 61A-3.047PURPOSE AND EFFECT: The purpose of this ruledevelopment is to prohibit the exploitation of dwarfs byprohibiting alcoholic beverage licensees from promoting orengaging in any contest, promotion or activity which results inthe endangerment of the health, safety and welfare of a dwarfon any licensee’s premises. “Dwarf-tossing” is specificallyprohibited.SUBJECT AREA TO BE ADDRESSED: Prohibition ofdwarf-tossing and promotion or permission of otherrecreational activities on the premises of alcoholic beveragelicensees that is exploitative and dangerous to the health, safetyand welfare of dwarfs.

SPECIFIC AUTHORITY: 561.11, 561.665 FS.LAW IMPLEMENTED: 561.665 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE NOTICED INTHE NEXT AVAILABLE FLORIDA ADMINISTRATIVEWEEKLY.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Michael D. Kooi,Assistant General Counsel, Department of Business andProfessional Regulation, Office of the General Counsel, 1940North Monroe Street, Tallahassee, FL 32399-1012; Telephone:(850)487-9636


61A-3.047 Exploitation of Dwarfs.(1) A dwarf is a person with the medical condition known

as dwarfism. Dwarfism means a person of disproportionate orproportionate short stature most often cause by a geneticsyndrome.

(2) It is unlawful for a licensee to promote, engage in, orpermit any exploitative contest, promotion or other form ofrecreational activity which results in the endangerment of thehealth, safety or welfare of a dwarf on any premises licensedunder the beverage law. Any activity described asdwarf-tossing is specifically included within those acts ofexploitation prohibited by this rule.

(3) Nothing contained herein shall be construed to prohibitdwarfs from engaging in non-exploitative sporting orrecreational events of the type engaged in by persons who arenot dwarfs.

(4) The division is authorized to impose all the penaltiesset forth in Section 561.29 or 561.665, Florida Statutes, againstthe license of any entity found in violation of this rule.Specific Authority 561.11, 561.665 FS. Law Implemented 561.665 FS.His tory–New ________.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:Inactive Renewal 61J2-1.014PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to comply with statute giving the Departmentthe authority to perform these functions rather than theDivision.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to the licenserenewal process for inactive licensees.SPECIFIC AUTHORITY: 120.53, 475.05, 475.183 FS.LAW IMPLEMENTED: 475.183 FS.



FREC WILL CONDUCT A RULE DEVELOPMENTWORKSHOP AT THE TIME, DATE AND PLACE SHOWNBELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE FROM THE CONTACTPERSON LISTED ABOVE.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:Applications by Individuals 61J2-2.027PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to comply with statute giving the Department theauthority to perform these functions rather than the Division.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to the applicationprocess for real estate licensure.SPECIFIC AUTHORITY: 475.05 FS.LAW IMPLEMENTED: 475.17, 475.175, 475.451 FS.,Georgia Association of Realtors, Inc., et al. v. Florida RealEstate Commission, et al., Civil Case No. 87-15-Orl-Civ-18(M.D. Fla. 1987)FREC WILL CONDUCT A RULE DEVELOPMENTWORKSHOP AT THE TIME, DATE AND PLACE SHOWNBELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE FROM THE CONTACTPERSON LISTED ABOVE.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:Applications by Individuals 61J2-2.031PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to comply with statute giving the Departmentthe authority to perform these functions rather than theDivision.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to the applicationprocess for real estate licensure.SPECIFIC AUTHORITY: 475.05 FS.LAW IMPLEMENTED: 475.175 FS.FREC WILL CONDUCT A RULE DEVELOPMENTWORKSHOP AT THE TIME, DATE AND PLACE SHOWNBELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE FROM THE CONTACTPERSON LISTED ABOVE.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:Pre-licensing Education for Broker and

Salesperson Applicants 61J2-3.008PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to bring the rule into compliance with statutorychanges taking effect July 1, 2002.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to the method ofproviding pre-licensure education for real estate licensees.SPECIFIC AUTHORITY: 475.05 FS.LAW IMPLEMENTED: 475.04, 475.17, 475.182, 475.183,475.451 FS.



FREC WILL CONDUCT A RULE DEVELOPMENTWORKSHOP AT THE TIME, DATE AND PLACE SHOWNBELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE FROM THE CONTACTPERSON LISTED ABOVE.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:Continuing Education for Active and Inactive

Broker And Salesperson Licensees 61J2-3.009PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to bring the rule into compliance with statutorychanges and modify the types of courses that qualify forcontinuing education credit.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to continuingeducation courses.SPECIFIC AUTHORITY: 455.2123, 475.01(1)(d),(e),(2),475.42(1)(c) FS.LAW IMPLEMENTED: 455.2123, 475.04, 475.17, 475.182,475.183, 475.451 FS.FREC WILL CONDUCT A RULE DEVELOPMENTWORKSHOP AT THE TIME, DATE AND PLACE SHOWNBELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE FROM THE CONTACTPERSON LISTED ABOVE.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:Notices of Satisfactory Course Completion 61J2-3.015PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to amend the rule to better comply withstatutory changes.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to record keepingaffecting course completion.SPECIFIC AUTHORITY: 455.2123, 475.05 FS.LAW IMPLEMENTED: 455.2123, 475.04, 475.17, 475.182,475.183, 475.451 FS.FREC WILL CONDUCT A RULE DEVELOPMENTWORKSHOP AT THE TIME, DATE AND PLACE SHOWNBELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE FROM THE CONTACTPERSON LISTED ABOVE.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE TITLE: RULE NO.:License Status of Active Officers

and Directors 61J2-5.016PURPOSE AND EFFECT: The purpose of the proposed ruledevelopment is to amend provisions relating to salespersonsability to be an officer of a real estate entity.SUBJECT AREA TO BE ADDRESSED: The proposed ruledevelopment affects rule provisions relating to whether anactive real estate salesperson can be an officer of a real estatebrokerage.SPECIFIC AUTHORITY: 475.05 FS.LAW IMPLEMENTED: 475.01, 475.15 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 8:30 a.m., or as soon thereafter aspossible, May 15, 2002



PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, Florida32801THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Lori Crawford,Deputy Clerk, Division of Real Estate, 400 West RobinsonStreet, Hurston Building, North Tower, Suite N308, Orlando,Florida 32801THE PRELIMINARY TEXT OF THE PROPOSED RULEDEVELOPMENT IS AVAILABLE UPON CONTACTINGTHE PERSON LISTED ABOVE.

DEPARTMENT OF HEALTHBoard of Chiropractic MedicineRULE TITLE: RULE NO.:Processing Fee 64B2-12.017PURPOSE AND EFFECT: The Board proposes to update theexisting rule.SUBJECT AREA TO BE ADDRESSED: Processing Fee.SPECIFIC AUTHORITY: 456.036 FS.LAW IMPLEMENTED: 456.036 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT ATIME, DATE AND PLACE TO BE ANNOUNCED. THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND FOR A COPYOF THE PRELIMINARY DRAFT IS: Joe Baker, Jr., BoardExecutive Director, Board of Chiropractic Medicine, 4052Bald Cypress Way, Bin #C07, Tallahassee, Florida32399-3259


64B2-12.017 Processing Fee.A licensee shall pay a processing fee of $350.00 three hundredfifty dollars ($350.00) when the licensee applies for a changein licensure status at any time other than during licensurerenewal, except a certified chiropractic physician assistantshall pay $55. The renewal period shall begin 90 ninety (90)days prior to the end of the biennium and shall end on the lastday of the biennium.Specific Authority 456.036 FS. Law Implemented 456.036 FS. History–New2-20-95, Formerly 59N-12.017, Amended__________.

DEPARTMENT OF HEALTHBoard of Chiropractic MedicineRULE TITLE: RULE NO.:Continuing Education 64B2-13.004PURPOSE AND EFFECT: The Board proposes to update theexisting rule text.SUBJECT AREA TO BE ADDRESSED: ContinuingEducation.

SPECIFIC AUTHORITY: 460.408(3) FS.LAW IMPLEMENTED: 456.013(6), 456.036(10), 460.408FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT ATIME, DATE AND PLACE TO BE ANNOUNCED. THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND FOR A COPYOF THE PRELIMINARY DRAFT IS: Joe Baker, Jr., BoardExecutive Director, Board of Chiropractic Medicine, 4052Bald Cypress Way, Bin #C07, Tallahassee, Florida32399-3259


64B2-13.004 Continuing Education.(1) through 10) No change. (11) In addition to the continuing chiropractic education

credits authorized above, a course instructor, for onepresentation only per biennium, will receive credit for acontinuing education program sponsored by a providerapproved by the Board, except that credit will be limited to thenumber of credits for which the instructor was personallyresponsible and shall not exceed the credit allowed forattending the program.

(12) In addition to the continuing chiropractic educationcredits authorized above, test examiners who have passed theirtrainee period and were used by the Department during thebiennium will receive eight hours of credit for the biennium.

(13) In addition to the continuing chiropractic educationcredits authorized above, former Board members will receiveeight hours of credit per biennium for annual service on aProbable Cause Panel.Specific Authority 460.408(3) FS. Law Implemented 456.013(6), 456.036(10),460.408 FS. History–New 1-10-80, Amended 11-25-80, 1-13-82, Formerly21D-13.04, Amended 6-22-86, 7-5-87, 1-25-88, 10-17-90, 10-15-92, Formerly21D-13.004, Amended 10-26-93, Formerly 61F2-13.004, Amended 3-16-95,7-18-95, 6-11-96, Formerly 59N-13.004, Amended 6-24-98, 8-4-99,________.

DEPARTMENT OF HEALTHBoard of Chiropractic MedicineRULE TITLE: RULE NO.:Inactive Status License 64B2-13.0049PURPOSE AND EFFECT: The Board proposes to update theexisting rule text.SUBJECT AREA TO BE ADDRESSED: Inactive StatusLicense. SPECIFIC AUTHORITY: 456.036 FS.LAW IMPLEMENTED: 456.036 FS. IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT ATIME, DATE AND PLACE TO BE ANNOUNCED.



THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND FOR A COPYOF THE PRELIMINARY DRAFT IS: Joe Baker, Jr., BoardExecutive Director, Board of Chiropractic Medicine, 4052Bald Cypress Way, Bin #C07, Tallahassee, Florida32399-3259


64B2-13.0049 Inactive Status License.(1) through (2) No change.(3) Any inactive licensee who elects active status is not

eligible to elect to return to inactive status until the nextlicensure renewal period.Specific Authority 456.036 FS. Law Implemented 456.036 FS. History–New2-20-95, Formerly 59N-13.0049, Amended________.

DEPARTMENT OF HEALTHBoard of Chiropractic MedicineRULE TITLE: RULE NO.:Citations 64B2-16.0075PURPOSE AND EFFECT: The Board proposes to update theexisting rule text.SUBJECT AREA TO BE ADDRESSED: Citations.SPECIFIC AUTHORITY: 456.077, 460.405 FS.LAW IMPLEMENTED: 456.035, 456.072(3), 456.073 FS. IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT ATIME, DATE AND PLACE TO BE ANNOUNCED. THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND FOR A COPYOF THE PRELIMINARY DRAFT IS: Joe Baker, Jr., BoardExecutive Director, Board of Chiropractic Medicine, 4052Bald Cypress Way, Bin #C07, Tallahassee, Florida32399-3259


64B2-16.0075 Citations.(1) through (2) No change.(3) The Board designates the following as citation

violations, which shall result in a penalty of five hundreddollars ($500.00) if the citation is accepted by the licensee:

(a) through (b) No change.(c) Failure to review and correct any factual inaccuracies

in the practitioner profile within 30 days of when furnished s.460.413(1)(i), 456.041(7), 456.042, F.S. False, deceptive ormisleading advertising, s. 460.413(1)(d), F.S.

(d) through (g) No change.(4) through (9) No change.

Specific Authority 456.077, 460.405 FS. Law Implemented 456.035,456.072(3), 456.073 FS. History–New 1-19-92, Amended 4-26-93, Formerly21D-16.0075, 61F2-16.0075, Amended 7-18-95, Formerly 59N-16.0075,Amended 2-11-99, 5-31-00,________.

DEPARTMENT OF HEALTHBoard of Hearing Aid Specialists RULE TITLE: RULE NO.:Definitions 64B6-8.001PURPOSE AND EFFECT: The Board proposes to update theexisting rule. SUBJECT AREA TO BE ADDRESSED: Definitions.SPECIFIC AUTHORITY: 484.0445(1), 484.044 FS.LAW IMPLEMENTED: 484.041, 484.0445, 484.045 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE HELD AT THETIME, DATE AND PLACE TO BE ANNOUNCED.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Sue Foster, ExecutiveDirector, Board of Hearing Aid Specialist, 4052 Bald CypressWay, Bin #C08, Tallahassee, Florida 32399-3258


64B6-8.001 Definitions.(1) through (2) No change.(3) Direct Supervision: A relationship in which the

sponsor is responsible for all work being done and gives finalapproval to all hearing aid dispensing work performed by thetrainee. The sponsor or hearing aid specialist designated by thesponsor must be physically present in the same room at thetime a hearing aid is delivered to the client, and the receiptrequired by Section 484.051, Florida Statutes, must have thesignature and license number of the sponsor or hearing aidspecialist designated by the sponsor.

(4) Designated hearing aid specialist: An active Floridalicensed hearing aid specialist designated by the sponsor of atrainee and approved by the Board, or its designee to assist inthe training of a trainee pursuant to Section 484.0445, FloridaStatutes, and this chapter and who meets the qualificationsestablished by this chapter.Specific Authority 484.0445(1), 484.044 FS. Law Implemented 484.041,484.0445, 484.045 FS. History–New 2-12-84, Amended 4-18-85, Formerly21JJ-8.01, Amended 8-12-87, 9-13-90, Formerly 21JJ-8.001, 61G9-8.001,Amended_________.

DEPARTMENT OF HEALTHBoard of Massage TherapyRULE TITLE: RULE NO.:Requirements for Board Approval of

Continuing Education Programs 64B7-28.010PURPOSE AND EFFECT: The Board purposes to update theexisting rule text.



SUBJECT AREA TO BE ADDRESSED: Requirements forBoard Approval of Continuing Education Programs.SPECIFIC AUTHORITY: 456.013(8), 456.025(7),480.035(7), 480.0415 FS.LAW IMPLEMENTED: 456.013(8), 456.025(7), 480.0415FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE NOTICED INTHE NEXT AVAILABLE FLORIDA ADMINISTRATIVEWEEKLY.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Karen Eaton, ExecutiveDirector, Board of Massage Therapy, 4052 Bald Cypress Way,Bin #C06, Tallahassee, Florida 32399-3256


64B7-28.010 Requirements for Board Approval ofContinuing Education Programs.

(1) No change.(a) Submit a completed Massage Continuing Education

Provider Application, BMT5, and Approved ProviderSupplemental Program/Instructor Information, BMT6,incorporated herein by reference, and a non-refundable anapplication fee of $250 100. The forms will be effective2-18-98, copies of which may be obtained from the Boardoffice at: 4052 Bald Cypress Way, BIN #C06, Tallahassee, FL32399-3256 2020 Capital Circle, SE, Bin C09, Tallahassee,Florida 32399-3259.

(b) No change.(2) Each program presented by a Board an approved

provider shall:(a) Meet the standards of Rule 64B7-28.009(2), (3)(a), (b),

or (c);(b) through (5) No change.(6) A Board approved provider must submit a completed

Form C, a part of the Massage Continuing Education ProviderApplication, BMT5, list of titles and brief descriptions of anynew courses to the Board office prior to offering such coursesfor credit. The submitted information must also identify anynew continuing education instructor and show that suchinstructor meets the criteria set forth in the rule. Whenever aninstructor and his/her course has obtained approval by theBoard, the instructor may teach the course at any time, inwhole or in part, so long as the materials being taught do notdeviate from course materials originally approved, there is nochange of instructor, and the documentation of attendanceclearly indicates the original course approval number and thehours of credit given for this version of the course. Therefore,the number of continuing education hours awarded for the

course may be the original number of hours approved, or less.An increase of the number of continuing education hoursawarded will require submission of forms for approval of acourse.

(7) A Board approved provider must revise and up-date allcourse materials that are affected by changes occurring duringthe biennial renewal period. The Board may rescind approvalof any provider or course that is found to be obsolete,erroneous, and/or outside the scope of practice or for othercauses as determined by the Board. The revised coursematerials must be submitted with the biennial renewal formand renewal fee.

(8)(7) Provider numbers must be renewed biennially on orbefore August January 31 of the biennial renewal year. Theprovider must return the renewal form provided by thedepartment together with a renewal fee of $250 50. If therenewal form and renewal fee are not received by thedepartment on or before August January 31 of the biennialyear, the provider must submit a new application and, ifapproved, receive a new provider number.Specific Authority 456.013(8), 456.025(7), 480.035(7), 480.0415, 480.0425FS. Law Implemented 456.013(8), 456.025(7), 480.0415, 480.0425 FS.His tory–New 4-21-86, Amended 9-14-87, 8-29-88, 2-8-89, 3-12-90, 1-3-91,Formerly 21L-28.010, Amended 9-30-93, 8-16-94, 6-12-95, 2-12-97, Formerly61G11-28.010, Amended 2-18-98, 10-26-98, 9-20-99, 11-4-99, ________.

DEPARTMENT OF HEALTHBoard of MedicineRULE TITLE: RULE NO.:Disciplinary Guidelines 64B8-8.001PURPOSE AND EFFECT: The Board proposes thedevelopment of a rule amendment to address those serving asmedical directors of clinics.SUBJECT AREA TO BE ADDRESSED: Disciplinaryguidelines for those serving as medical directors of clinics.SPECIFIC AUTHORITY: 458.331(5), 458.309, 456.079 FS.LAW IMPLEMENTED: 458.331(5), 456.072, 456.079 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Larry G. McPherson, Jr.,Executive Director, Board of Medicine/MQA, 4052 BaldCypress Way, Bin #C03, Tallahassee, Florida 32399-3253


64B8-8.001 Disciplinary Guidelines.(1) No change.(2) Violations and Range of Penalties. In imposing

discipline upon applicants and licensees, in proceedingspursuant to Section 120.57(1) and 120.57(2), Florida Statutes,



the Board shall act in accordance with the followingdisciplinary guidelines and shall impose a penalty within therange corresponding to the violations set forth below. The

verbal identification of offenses are descriptive only; the fulllanguage of each statutory provision cited must be consulted inorder to determine the conduct included.

(3) through (7) No change.Specific Authority 458.309, 458.331(5), 456.079 FS. Law Implemented456.072, 456.079, 458.331(5) FS. History–New 12-5-79, Formerly21M-20.01, Amended 1-11-87, 6-20-90, Formerly 21M-20.001, Amended11-4-93, Formerly 61F6-20.001, Amended 6-24-96, 12-22-96, Formerly59R -8.001, Amended 5-14-98, 12-28-99, 1-31-01, 7-10-01,________.

DEPARTMENT OF HEALTHBoard of MedicineRULE TITLE: RULE NO.:Advertising 64B8-11.001PURPOSE AND EFFECT: The Board proposes to add theAmerican Association of Physician Specialists, Inc., to the listof recognizing agencies currently approved by the Board.SUBJECT AREA TO BE ADDRESSED: The addition of theAmerican Association of Physician Specialists, Inc., to the listof recognizing agencies.SPECIFIC AUTHORITY: 458.309 FS.LAW IMPLEMENTED: 458.331(1)(d), (l), (n), (o) FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Larry G. McPherson, Jr.,Executive Director, Board of Medicine/MQA, 4052 BaldCypress Way, Bin #C03, Tallahassee, Florida 32399-3253


64B8-11.001 Advertising.(1) through (6) No change.(7) The recognizing agencies currently approved by the

Board of Medicine include:

(a) American Board of Facial Plastic & ReconstructiveSurgery, Inc. (Approved February 1997).

(b) American Board of Pain Medicine (Approved August1999).

(c) American Association of Physician Specialists, Inc.(Approved February 2002).Specific Authority 458.309 FS. Law Implemented 458.331(1)(d), (l), (n), (o)FS. History–New 3-31-80, Formerly 21M-24.01, Amended 11-15-88,Formerly 21M-24.001, Amended 12-5-93, Formerly 61F6-24.001, Amended4-3-95, 4-16-96, 5-29-97, Formerly 59R-11.001, Amended 1-31-01,________.

DEPARTMENT OF HEALTHBoard of MedicineRULE TITLE: RULE NO.:Physician Assistant Performance 64B8-30.012PURPOSE AND EFFECT: The Council proposes thedevelopment of a rule amendment to specify appropriaterecords review with regard to physician assistants andsupervising physicians.SUBJECT AREA TO BE ADDRESSED: Appropriate recordsreview.SPECIFIC AUTHORITY: 458.309, 458.347(4)(a), (13) FS.LAW IMPLEMENTED: 458.347(2), (3), (4), (13) FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Larry G. McPherson, Jr.,Executive Director, Board of Medicine/MQA, 4052 BaldCypress Way, Bin #C03, Tallahassee, Florida 32399-3253


64B8-30.012 Physician Assistant Performance.(1) through (2) No change.

RECOMMENDED RANGEOF PENALTY

VIOLATION FIRST OFFENSE SECOND OFFENSE(a) through (oo) No change.

(pp) Violation of medical directorclinic responsibilities(456.0375(4)(c), F.S.)

(pp) Based upon the severityof the offense and thepotential for patient harm,from a letter of concernto revocation and anadministrative fine from $1,000to $10,000.

(pp) Restricted from serving as the medical directorof any registered clinic and based upon the severityof the offense and the potential for patient harm,from a reprimand to revocation and an administrative fine from $5,000 to $10,000.



(3) All tasks and procedures performed by the physicianassistant must be documented in the appropriate medicalrecord. For first-time prescribing physician assistants and forprescribing physician assistants who change their primarysupervising physician, the supervising physician shall, duringthe initial six months of supervision, comply with the recordreview and signing requirements of Section 458.347(4)(e)8., or459.022(4)(e)8., F.S., within fifteen days of each prescription.After the initial six month period of supervision, review andsigning requirements must be completed at least quarterly. Inlicensed facilities the supervising physician must review andsign medical records by a physician assistant in accordancewith the laws and rules regulating the facility. The supervisingphysician must review, sign and date the physician assistantrecord within seven (7) days.

(4) No change.Specific Authority 458.309, 458.347(4)(a), (13) FS. Law Implemented458.347(2), (3), (4), (13) FS. His tory–New 5-13-87, Amended 7-7-87,11-15-88, 9-15-92, Formerly 21M-17.012, Amended 11-4-93, Formerly61F6-17.012, 59R-30.012, Amended 10-13-98, 3-28-99,________.

DEPARTMENT OF HEALTHBoard of MedicineDietetics and Nutrition Practice CouncilRULE TITLE: RULE NO.:Fees 64B8-41.001PURPOSE AND EFFECT: The Council proposes thedevelopment of a rule amendment to delete the inactive statusfee.SUBJECT AREA TO BE ADDRESSED: Fees.SPECIFIC AUTHORITY: 456.036, 468.507, 468.508 FS.LAW IMPLEMENTED: 456.036, 456.065, 468.508 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Kaye Howerton, ExecutiveDirector, Dietetics and Nutrition Practice Council/MQA, 4052Bald Cypress Way, Bin #C05, Tallahassee, Florida32399-3255


64B8-41.001 Fees.(1) through (4) No change.(5) When the Council Counsel certifies the applicant to sit

for the examination or for re-examination, it is the applicant'sresponsibility to complete the examination process with thenational vendor. In compliance with the Americans for

Disabilities Act, any applicant requesting specialaccommodations shall comply with the Department of Health'sRule 64B-1.005, F.A.C.

(6) through (8) No change.(9) The inactive status fee shall be $25.00.(9)(10) The fee for renewal of inactive status shall be

$95.00.(10)(11) The change of status processing fee shall be

$50.00.Specific Authority 456.036, 468.507, 468.508 FS. Law Implemented 456.036,456.065, 468.508 FS. History–New 4-9-89, Amended 8-28-90, 11-9-92,Formerly 21M-47.001, Amended 9-21-93, 11-4-93, 1-3-94, Formerly61F6-47.001, Amended 12-28-94, 5-2-95, Formerly 59R-41.001, Amended11-24-97, 6-22-99, 8-19-99, 9-26-01,__________.

DEPARTMENT OF HEALTHBoard of MedicineDietetics and Nutrition Practice CouncilRULE TITLE: RULE NO.:Additional Educational Requirements

for Initial Licensure 64B8-42.005PURPOSE AND EFFECT: The Council proposes thedevelopment a new rule to address the educationalrequirements for initial licensure.SUBJECT AREA TO BE ADDRESSED: Educationalrequirements for initial licensure.SPECIFIC AUTHORITY: 456.013(7), 456.033 FS.LAW IMPLEMENTED: 456.013(7), 456.033 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Kaye Howerton, ExecutiveDirector, Dietetics and Nutrition Practice Council /MQA, 4052Bald Cypress Way, Bin #C05, Tallahassee, Florida32399-3255


64B8-42.005 Additional Educational Requirements forInitial Licensure.

(1)(a) Each applicant for initial licensure shall confirmcompletion of a three-hour course on HumanImmunodeficiency Virus and Acquire Immune DeficiencySyndrom (HIV/AIDS). The HIV/AIDS course must have beencompleted within the two years immediately preceding thesubmission of the application for licensure.

(b) Applicants for initial licensure, upon showing of goodcause by affidavit, shall be given six months from the date oflicensure to complete the HIV/AIDS course. Good cause



includes applicants for endorsement or examination who havebeen residing outside of Florida or who have been on activemilitary service.

(c) The course on HIV/AIDS shall meet all therequirements of Section 456.033, Fla. Stat.

(d) Courses approved by any Board within the Division ofMedical Quality Assurance of the Department of Healthpursuant to Section 456.033, Fla. Stat., are recommended bythe Council and approved by the Board.

(2)(a) Each applicant for initial licensure shall confirmcompletion of a two-hour course on the prevention of medicalerrors, including a study of root-cause analysis, error reductionand prevention, and patient safety. If the course is beingoffered by a facility licensed pursuant to chapter 395, F.S., forits employees, up to one hour of the two-hour course may bespecifically related to error reduction and prevention methodsused in that facility.

(b) Courses approved by any Board within the Division ofMedical Quality Assurance of the Department of Healthpursuant to Section 456.013(7), Fla. Stat., are recommended bythe Council and approved by the Board.Specific Authority 456.013(7), 456.033 FS. Law Implemented 456.013(7),456.033 FS. History–New_________.

DEPARTMENT OF HEALTHBoard of MedicineRULE TITLE: RULE NO.:Continuing Education on HIV/AIDS 64B8-45.006PURPOSE AND EFFECT: The Council proposes thedevelopment of a rule amendment to clarify the requirementsfor HIV/AIDS education.SUBJECT AREA TO BE ADDRESSED: HIV/AIDSeducation.SPECIFIC AUTHORITY: 456.033 FS.LAW IMPLEMENTED: 456.033 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Kaye Howerton, ExecutiveDirector, Dietetics and Nutrition Practice Council/MQA, 4052Bald Cypress Way, Bin #C05, Tallahassee, Florida32399-3255


64B8-45.006 Continuing Education on HIV/AIDS.(1)(a) Applicants for initial licensure shall confirm

completion of a three-hour course on HumanImmunodeficiency Virus and Acquired Immune Deficiency

Syndrome (HIV/AIDS). The HIV/AIDS course must havebeen completed within the two years immediately precedingthe submission of the application for licensure.

(b) Applicants for initial licensure, upon showing of goodcause by affidavit, shall be given six months from the date oflicensure to complete the HIV/AIDS course. Good causeincludes applicants for endorsement or examination who havebeen residing outside of Florida or who have been on activemilitary service.

(1)(2) For each renewal of licensure, licensees mustcomplete a one-hour course on Human ImmunodeficiencyVirus and Acquired Immune Deficiency Syndrome(HIV/AIDS) HIV/AIDS course within the 24-month periodprior to the expiration date of the license.

(2)(3) Persons reactivating an inactive license or seekingreinstatement of a suspended or revoked license must submitproof of completion of a three-hour HIV/AIDS course prior tolicensure. The HIV/AIDS course must have been completedwithin the two years immediately preceding the submission ofproof.

(3)(4) To satisfy the requirements of this Rule, each courseon HIV/AIDS shall meet the requirements of Section 456.033,Florida Statutes. consist of at least one hour of classroominstruction or an equivalent home study program and shallinclude the following subject areas:

(a) Modes of transmission;(b) Infection control procedures;(c) Clinical management;(d) Prevention;(e) Current Florida law on AIDS and its impact on testing,

confidentiality, treatment of patients, and any protocols andprocedures applicable to HIV counseling and testing,reporting, the offering of HIV testing to pregnant women, andpartner notification issues.

(4)(5) Courses approved by any Board within the Divisionof Medical Quality Assurance of the Department of Healthpursuant to Section 456.033 455.604, Florida Statutes, arerecommended by the Council and approved by the Board.Specific Authority 456.033(7) FS. Law Implemented 456.033 FS. History–New 6-12-01, Amended________.

DEPARTMENT OF HEALTHBoard of MedicineElectrolysis CouncilRULE TITLE: RULE NO.:Additional Educational Requirements

for Initial Licensure 64B8-51.008PURPOSE AND EFFECT: The Council proposes thedevelopment of a rule to address instruction on the preventionof medical errors.SUBJECT AREA TO BE ADDRESSED: Instruction on theprevention of medical errors.



SPECIFIC AUTHORITY: 478.43, 456.013(7) FS.LAW IMPLEMENTED: 456.013(7) FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Kaye Howerton, ExecutiveDirector, Electrolysis Council/MQA, 4052 Bald Cypress Way,Bin #C05, Tallahassee, Florida 32399-3255


64B8-51.008 Additional Educational Requirements forInitial Licensure.Before licensure, each applicant shall comply with therequirements of Section 456.013(7), F.S., regarding instructionon prevention of medical errors.Specific Authority 478.43, 456.013(7) FS. Law Implemented 456.013(7) FS.His tory–New_________.

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLES: RULE NOS.:Examination Requirements 64B13-4.001Reexamination 64B13-4.002Manner of Application 64B13-4.004PURPOSE AND EFFECT: The Board proposes thedevelopment of rule amendments to provide for the use of theTreatment and Management of Ocular Disease (TMOD) partof the National Board examination as the certificationexamination. The rule proposals further conform the rules toreflect the change in not providing a certification examinationprepared by the state.SUBJECT AREA TO BE ADDRESSED: The rules are beingamended to specify that the TMOD part of the National Boardexamination shall be used as the certification examination.SPECIFIC AUTHORITY: 456.017(2), 463.006(1)(b),(2),463.005, 456.033 FS.LAW IMPLEMENTED: 456.017(2), 463.006(1)(b),(2),456.033 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Joe Baker, Jr., ExecutiveDirector, Board of Optometry/MQA, 4052 Bald Cypress Way,Bin #C07, Tallahassee, Florida 32399-3257


64B13-4.001 Examination Requirements. The examination for licensure shall consist of the NationalBoard of Examiners in Optometry examination (hereafterNBEO examination), the certification examination, and Parts Iand II of the state examination for licensure. The examinationfor certification of a licensee shall consist of the Treatment andManagement of Ocular Disease (hereafter TMOD) part of theNBEO.

(1) through (2) No change.(3) Certification Examination. A licensee applying for

certification must obtain a passing score on the TMOD part ofthe NBEO or must have obtained a passing score on the statecertification examination. Content of the certificationexamination is as specified in 64B13-10.0015.Specific Authority 456.017(2), 463.006(2), 463.005 FS. Law Implemented456.017(2), 463.006(2) FS. History–New 11-13-79, Amended 5-28-80,7-10-80, 8-20-81, 2-14-82, 6-6-82, 10-3-82, 4-10-84, 5-29-85, Formerly21Q-4.01, Amended 7-21-86, 11-20-86, 7-27-87, 7-11-88, 7-18-91, 4-14-92,Formerly 21Q-4.001, Amended 2-14-94, Formerly 61F8-4.001, Amended8-8-94, 11-21-94, 4-21-96, Formerly 59V-4.001, Amended7-27-99,_________.

64B13-4.002 Reexamination.An applicant who fails Part I or, Part II, or the certificationexamination of the state examination for licensure shall berequired to retake only that portion of the examination onwhich he or she failed to achieve a passing grade, provided thatthe applicant shall be limited to two (2) retakes within a two (2)year period from the date of original failure. The Board maygrant an extension of time of one additional year to allow asecond retake based on medical disability substantiated bydocumentation from the applicant's physician. If the applicantfails to achieve a passing grade as provided above, he or sheshall be required to take the complete state examination forlicensure and certification examination in order to be entitledto be licensed. Reexamination shall be conditioned uponreapplication and payment of the reexamination fee, provided aqualifying score as set forth in Rule 64B13-4.001, FloridaAdministrative Code, is met at the time of application forreexamination.Specific Authority 456.017(2), 463.005 FS. Law Implemented 456.017(2) FS.His tory–-New 11-13-79, Amended 10-3-82, 4-7-85, 7-9-85, Formerly21Q-4.02, Amended 11-20-86, 4-20-93, Formerly 21Q-4.002, 61F8-4.002,Amended 11-21-94, Formerly 59V-4.002, Amended________.

64B13-4.004 Manner of Application.(1) Any person desiring to be a licensed practitioner shall

apply to the Agency to take the licensure examination andcertification examinations. The board will determine if anapplicant qualifies for examination. The board will approveeach applicant who:

(a) through (4) No change.



Specific Authority 456.033, 463.006(1)(b), (2) FS. Law Implemented 456.033,463.006(1)(b), (2) FS. History–New 11-13-79, Amended 4-17-80, Formerly21Q-4.04, Amended 11-20-86, 4-19-89, 6-25-92, 6-6-93, Formerly 21Q-4.004,Amended 6-14-94, Formerly 61F8-4.004, Amended 3-21-95, 5-29-95,Formerly 59V-4.004, Amended ________.

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLE: RULE NO.:Fees 64B13-6.001PURPOSE AND EFFECT: The Board proposes thedevelopment of several amendments to clarify fees and toprovide that a fee must be paid for each branch office.SUBJECT AREA TO BE ADDRESSED: Fees.SPECIFIC AUTHORITY: 456.013(2), 456.036, 463.005,463.0057, 463.006, 463.007, 463.008 FS.LAW IMPLEMENTED: 456.013(2), 456.025, 456.036,463.0057, 463.006, 463.007, 463.008 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Joe Baker, Jr., ExecutiveDirector, Board of Optometry/MQA, 4052 Bald Cypress Way,Bin #C07, Tallahassee, Florida 32399-3257


64B13-6.001 Fees.The following fees are prescribed by the Board:

(1) through (3) No change.(4) The biennial active status licensure renewal fee shall

be $300.00.(5) The fee to be paid for the renewal or reactivation of an

inactive license shall be $300.00.(6) The fee to be paid for the initial issuance of an initial

Branch Office License shall be one hundred dollars ($100).The fee for issuance of additional Branch Office Licenses shallbe twenty-five dollars ($25) each.

(7) The fee to be paid for biennial renewal of an initialBranch Office License shall be one hundred dollars ($100).The fee for renewal of additional Branch Office Licenses shallbe twenty-five dollars ($25) each.

(8) The application fee to be paid to place a license in forinactive status shall be $220.00.

(9) No change.(10) The examination fee for certification as a certified

optometrist shall be $250.00.(10)(11) No change.(11) The fee for obtaining a duplicate wall certificate shall

be $25.00.

(12) through (14) No change.(15) The fee for processing a licensee's request to change

licensure status at any time other than at the beginning of alicensure cycle shall be fifty dollars ($50.00).

(15)(16) No change.(16)(17) No change.(18) The fee for processing a request to change licensure

status at any time other than at the beginning of a licensurecycle for a branch office license shall be one hundred dollars($100.00).

(19) The fee for a delinquent status for a branch officelicense applying for active status shall be one hundred dollars($100.00).

(20) The fee for obtaining a duplicate wall certificate shallbe $25.00.Specific Authority 456.013(2), 456.036, 463.005, 463.0057, 463.006, 463.007,463.008 FS. Law Implemented 456.013(2), 456.025, 456.036, 463.0057,463.006, 463.007, 463.008 FS. History–New 12-13-79, Amended 2-14-82,8-18-82, 12-2-82, 5-6-84, 7-29-85, Formerly 21Q-6.01, Amended 11-20-86,7-21-88, 2-5-90, 5-29-90, 7-10-91, 4-14-92, 7-1-93, Formerly 21Q-6.001,Amended 1-24-94, Formerly 61F8-6.001, Amended 12-22-94, 2-13-95,4-5-95, 5-29-95, 12-31-95, Formerly 59V-6.001, Amended 12-24-97, 3-21-00,11-18-01, ________.

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLE: RULE NO.:Citations 64B13-15.009PURPOSE AND EFFECT: The Board proposes the deletion ofparagraph (5) of the rule since it requires the investigator toascertain compliance prior to the issuance of a citation.SUBJECT AREA TO BE ADDRESSED: The deletion ofparagraph (5) of the rule.SPECIFIC AUTHORITY: 456.077, 463.005 FS.LAW IMPLEMENTED: 456.077 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Joe Baker, Jr., ExecutiveDirector, Board of Optometry/MQA, 4052 Bald Cypress Way,Bin #C07, Tallahassee, Florida 32399-3257


64B13-15.009 Citations.(1) through (4) No change.(5) Prior to issuance of the citation, the Department must

confirm that the violation has been corrected or is in theprocess of being corrected. If the violation is a substantialthreat to the public health, safety, and welfare, such potentialfor harm must be removed prior to issuance of the citation.



(5)(6) No change.Specific Authority 456.077, 463.005 FS. Law Implemented 456.077 FS.His tory–New 1-1-92, Formerly 21Q-15.009, 61F8-15.009, 59V-15.009,Amended 3-21-00, 4-17-01, 5-1-02,________.

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLES: RULE NOS.:Branch Office License 64B13-16.002Requirements and Restrictions for

Fixed Branch Offices 64B13-16.004PURPOSE AND EFFECT: The Board proposes thedevelopment of rule amendments to require that each branchoffice be licensed.SUBJECT AREA TO BE ADDRESSED: Requirements forbranch offices.SPECIFIC AUTHORITY: 463.005(1)(a) FS.LAW IMPLEMENTED: 463.001, 463.011 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE SCHEDULEDAND ANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Joe Baker, Jr., ExecutiveDirector, Board of Optometry/MQA, 4052 Bald Cypress Way,Bin #C07, Tallahassee, Florida 32399-3257


64B13-16.002 Branch Office License.Each Branch Office must be licensed. The Department shallissue a Branch Office License for a specified location to eachlicensed practitioner or a certified optometrist in good standingwho submits to the Board of Optometry, a written request andthe fee required by Rule 64B13-6.001(6), FloridaAdministrative Code, for each location.Specific Authority 463.005(1)(a) FS. Law Implemented 463.011 FS. History–New 5-29-90, Formerly 21Q-16.002, 61F8-16.002, 59V-16.002,Amended________.

64B13-16.004 Requirements and Restrictions for FixedBranch Offices.Each licensed practitioner or certified optometrist using one ormore fixed branch offices to practice optometry shall:

(1) Report to the Board each fixed branch office locationother than a primary office at which he or she is practicingoptometry;

(2) through (4) renumbered (1) through (3) No change.Specific Authority 463.005(1)(a) FS. Law Implemented 463.001, 463.011 FS.His tory–New 5-29-90, Formerly 21Q-16.004, 61F8-16.004, 59V-16.004,Amended________.

DEPARTMENT OF HEALTHBoard of Osteopathic MedicineRULE TITLES: RULE NOS.:Application for Board Approved

Provider Status 64B15-13.004Standards for Board Approved Providers 64B15-13.0045PURPOSE AND EFFECT: The Board proposes to promulgatetwo new rules to address applications for provider status andthe standards for approved providers.SUBJECT AREA TO BE ADDRESSED: Application forprovider status and standards for approved providers.SPECIFIC AUTHORITY: 456.027, 459.005, 459.0055 FS.LAW IMPLEMENTED: 456.027, 459.0055 FS.IF REQUESTED IN WRITING AND NOT DEEMEDUNNECESSARY BY THE AGENCY HEAD, A RULEDEVELOPMENT WORKSHOP WILL BE PUBLISHED INTHE NEXT AVAILABLE FLORIDA ADMINISTRATIVEWEEKLY.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT AND A COPY OFTHE PRELIMINARY DRAFT IS: Karen Eaton, ExecutiveDirector, Board of Osteopathic Medicine/MQA, 4052 BaldCypress Way, Bin #C06, Tallahassee, Florida 32399-3256


64B15-13.004 Application for Board Approved ProviderStatus.

(1) Entities or individuals who wish to become approvedproviders of continuing education must submit the approval feeset forth in subsection 64B15-10.010(1), F.A.C., and anapplication which contains the following information, andwhich is accompanied by the following documentation:

(a) The name of the contact person who will fulfill thereporting and documentation requirements for approvedproviders and who will assure the provider’s compliance withRule 64B15-13.0045, F.A.C.; and

(b) The qualifications of all instructors, which may beevidenced by a curriculum vitae or professional licensure in thesubject area taught.

(2) If granted, provider approval will be granted for aperiod not to exceed the time from the date of approval to theend of the next successive licensure biennium after approvalwas obtained. Application for renewal of provider status shallbe made at least 90 days prior to the end of the biennium inwhich approval expires and must be accompanied by thebiennial renewal fee set forth in subsection 64B15-15.010(2),F.A.C. Renewal applications shall contain all informationrequired for initial provider approval as well as course outlinesand information evidencing compliance with Rule64B15-13.0045, F.A.C., for each course offered during theprovider status.



Specific Authority 456.027, 459.0055 FS. Law Implemented 456.025,456.027, 459.0055 FS. History–New________.

64B15-13.0045 Standards for Board Approved Providers.Approved continuing professional education providers andproviders authorized pursuant to Rule 64B15-13.004, F.A.C.,shall comply with the following requirements:

(1) All courses shall reflect appropriate didactic andclinical training for the subject matter and shall be designed tomeet specifically stated educational objectives.

(2) Instructors shall be adequately qualified by training,experience or licensure to teach specified courses.

(3) Facilities and equipment for each course in whichpatients are treated during instruction shall be adequate for thesubject matter and method of instruction.

(4) Course length shall be sufficient to provide meaningfuleducation in the subject matter presented. One half hour or onehour of continuing education credit shall be awarded for each25 or 50 minutes of actual classroom or clinical instruction,respectively. No continuing education credit shall be awardedfor participation of less than 25 minutes.

(5) Providers shall provide written certification to eachparticipant who completes a continuing education course orportion of that course which consists of at least 25 minutes ofinstruction. Certification shall include the participant’s nameand license number, the provider’s name and number, thecourse title, instructor, location, date offered and hours ofcontinuing education credit awarded, and validation throughthe signature of the provider, official representative orinstructor.

(6) Providers shall maintain records of each courseoffering for 4 years following each licensure biennium duringwhich the course was offered. Course records shall include acourse outline which reflects its educational objectives, theinstructor’s name, the date and location of the course,participants’ evaluations of the course, the hours of continuingeducation credit awarded for each participant and a roster ofparticipants by name and license number.

(7) Providers’ records and courses shall be subject toBoard review. Failure to maintain the standards set forth in thisrule shall subject the provider to the suspension or rescission ofthe providership.

(8) Providers shall comply with rules promulgated by theDepartment of Health concerning the electronic transmissionof course attendance information necessary to implement theelectronic tracking system.Specific Authority 456.027, 459.0055 FS. Law Implemented 456.025,456.027, 459.0055 FS. History–New_________.

DEPARTMENT OF HEALTHDivision of Family Health ServicesRULE TITLE: RULE NO.:Licensing, Application, Permitting 64F-12.015PURPOSE AND EFFECT: To specify a minimum number ofbusiness hours in which permit holders under the Florida Drugand Cosmetic Act, Chapter 499, Florida Statutes, must operateso that customers can access the business if needed and agentsof the Department of Health and the Department of LawEnforcement can adequately inspect, monitor, and investigatefor the protection of the public health.SUBJECT AREA TO BE ADDRESSED: The business hoursdesignated on an application form for a permit under theFlorida Drug and Cosmetic Act, Chapter 499, Florida Statutes,and subsequent modifications to those business hourscommunicated to the department in writing.SPECIFIC AUTHORITY: 499.01(2)(a), 499.05(1)(a),(d) FS.LAW IMPLEMENTED: 499.01(2)(a), 499.051 FS.A RULE DEVELOPMENT WORKSHOP WILL BE HELDAT THE TIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 10:00 a.m., Tuesday, May 14, 2002PLACE: 2818-A Mahan Drive, Tallahassee, Florida 32308; inthe Bureau of Pharmacy Services Conference Room. If specialaccommodations are needed to attend this workshop becauseof a disability, please contact Maxine Wenzinger,(850)922-5190THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Sandra Stovall,Compliance Officer, 2818-A Mahan Drive, Tallahassee,Florida 32308; (850)487-1257 ext. 210;[email protected].


64F-12.015 Licensing, Application, Permitting.This section addresses the application and permittingrequirements of persons regulated under Part I of Chapter 499,F.S.

(1) No change.(2) A permit is valid only for the name and address to

which it is issued. The name in which a permit is issued will bechanged, at no cost, upon notification to the department.

(a) through (b) No change.(c) A person must be available for inspection at the

permitted address during the normal business hours identifiedon the application form, holidays excluded. Permanent changesto these business hours must be communicated to thedepartment in writing. These business hours must meet thefollowing minimum standards:

1. For an establishment applying for a permit or permittedas a prescription drug wholesaler or prescription drugwholesaler – broker only, the establishment must designate a



minimum of 20 hours weekly between the hours of 8:00 a.m.and 5:00 p.m. EST., Monday through Friday, and at least oneday of the week provide for fours consecutive hours.

2. Other applicants and permitted establishments mustdesignate a minimum of 10 hours weekly between the hours of8:00 a.m. and 5:00 p.m. EST., Monday through Friday, and atleast one day of the week provide for two consecutive hours.Specific Authority 499.01, 499.012, 499.0122, 499.013, 499.014, 499.028,499.04, 499.041, 499.05, 499.62, 499.63, 499.64, 499.66, 499.67, 499.701 FS.Law Implemented 499.01, 499.012, 499.0121, 499.0122, 499.013, 499.028,499.04, 499.041, 499.05, 499.06, 499.062, 499.063, 499.064, 499.066,499.067 FS. History–New 12-12-82, Amended 7-8-84, 1-30-85, Formerly10D-45.54, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.054,Amended 1-26-99, 4-17-01, ________.

FLORIDA HOUSING FINANCE CORPORATIONRULE TITLES: RULE NOS.:Purpose and Intent 67-50.001Definitions 67-50.005Fees 67-50.010Notice of Funding Availability (NOFA) 67-50.020General Program Eligible Activities 67-50.030General Program Restrictions 67-50.040HAP Program Restrictions 67-50.050 HOME Program Restrictions 67-50.060 Application Submission Procedures 67-50.070 Incomplete Applications and Rejection Criteria 67-50.080Application Evaluation and Award Guidelines 67-50.090Credit Underwriting Procedures, Analytical

Review, and Loan Origination 67-50.100Disbursement of Funds, Draw Requests, and

Loan Servicing 67-50.110 Compliance and Monitoring 67-50.120PURPOSE AND EFFECT: The purpose of this rule chapter isto establish the procedures by which the Corporation shall:(1) Administer the Application process, determine loanamounts, and service loans to Developers for the constructionof affordable housing under the Florida HomeownershipAssistance Program (HAP)/Construction Loan Program andprovide purchase assistance to Eligible Homebuyers under theHAP Permanent Loan Program, authorized by Sections420.507 and 420.5088, Florida Statutes (F.S.); and(2) Administer the Application process, determine loanamounts, and service loans to Developers for the construction,reconstruction and rehabilitation of affordable housing andprovide purchase assistance to Eligible Homebuyers under theHOME Investment Partnerships (HOME) HomeownershipLoan Program, authorized by Section 420.5089, F.S., andHUD regulations, 24 CFR § 92, which is adopted andincorporated herein by reference. The adoption of this rule chapter will increase the efficiencyand effectiveness of Program service and will provide greaterclarification of the Program.

SUBJECT AREA TO BE ADDRESSED: The RuleDevelopment Workshop will be held to receive comments andsuggestions from interested persons relative to programrequirements as specified in Rule Chapter 67-50 FloridaAdministrative Code.SPECIFIC AUTHORITY: 420.507, 420.5088, 420.5089 FS.LAW IMPLEMENTED: 420.507(23), 420.5088, 420.5089(2)FS.A RULE DEVELOPMENT WORKSHOP WILL BE HELDAT THE TIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 2:00 p.m., Tuesday, May 14, 2002PLACE: Florida Housing Finance Corporation, SeltzerConference Room, 227 North Bronough Street, Tallahassee,Florida 32301THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE DEVELOPMENT IS: Bridget E. Warring,HAP Construction Manager, Florida Housing FinanceCorporation, 227 North Bronough Street, Suite 5000,Tallahassee, Florida 32301-1329Any person requiring special accommodation at this hearingbecause of a disability or physical impairment should contactLaurie Camp at the above address. If you are hearing or speechimpaired, please use the Florida Dual Party Relay system,which can be reached at 1(800)955-8770 (Voice) or1(800)955-9771 (TDD).

Section II Proposed Rules

DEPARTMENT OF BANKING AND FINANCEDivision of Securities and FinanceRULE TITLES: RULE NO.:Processing of Applications 3E-301.002PURPOSE AND EFFECT: The purpose of the proposedamendments to Rules 3E-301.002, F.A.C., is to allow for theelectronic filing for Federal Covered Advisers and InvestmentAdvisers through the Investment Advisor RegistrationDepository (IARD) of the NASD.SUMMARY: The proposed amendments update forms andspecify the means for filing by Federal Covered Advisers andinvestment advisers.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No statement of estimated regulatorycost has been prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs or to provide a proposalfor a lower cost regulatory alternative must do so in writingwithin 21 days of this notice.SPECIFIC AUTHORITY: 517.03, 517.12, 517.1201 FS.LAW IMPLEMENTED: 120.53, 120.60, 517.051, 517.081,517.082, 517.12, 517.1201, 517.1205, 517.161 FS.

1874 Section II - Proposed Rules


IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Pamela P. Epting, FinancialExaminer/Analyst Supervisor, 101 East Gaines Street, 6thFloor, The Fletcher Building, Tallahassee, Florida32399-0350, (850)410-9805

THE FULL TEXT OF THE PROPOSED RULE IS:

3E-301.002 Processing of Applications.(1) No change.(2) Filing of Application and Fee. Applications in the

format required by the Department, accompanied by theprescribed fee for the requested license action, shall be filedwith the Department at the address indicated in subsection (1)above; however, all dealers who are members of the NationalAssociation of Securities Dealers, Inc. (“NASD”) shall filesuch items in accordance with the provisions of Chapter3E-600, F.A.C., as prescribed therein. However, all FederalCovered Advisers shall file such items in accordance with theprovisions of Rule 3E-600.0092, F.A.C. Investment advisersmay file the required forms and fees with the InvestmentAdviser Registration Depository (IARD) in accordance withthe provisions of Rule 3E-600.0093, F.A.C. Issuers may filethe required forms and fees with the Securities RegistrationDepository (SRD) in accordance with the provisions of Rule3E-400.004 or 3E-800.001, F.A.C., upon implementation ofthe system in this state.

(3) through (6) No change.(7)(a) The forms referred to in this section below herein

which are incorporated and readopted by this Rule for thepurposes of Rules Chapters 3E-100 through 3E-900, F.A.C. areas follows:

1. DOSIP-S-1-91, Application for Registration ofSecurities (Revised 10/97);

2. DOSIP-S-7-91, Exhibit 1 (General Issue) (Revised10/97);

3. DOSIP-S-5-91, Uniform Consent to Service of Process(Revised 1/91);

4. DOSIP-S-6-91, Corporate Resolution (Revised 1/91);5. DOSIP-S-10-91, Report of Sales of Securities and Use

of Proceeds Therefrom (Revised 1/91);6. Form BD, Uniform Application for Broker-Dealer

Registration (Revised 7/99);7. Form ADV, Uniform Application for Investment

Adviser Registration (Revised 1/1/01) (Revised 1/99);8. Form U-4, Uniform Application for Securities Industry

Registration or Transfer (Revised 3/02) (Revised 8/99);9. Form BDW, Uniform Request for Broker-Dealer

Withdrawal (Revised 8/99);

10. Form ADV-W, Notice of Withdrawal fromRegistration as Investment Advisor (Revised 1/99);

11. Form U-5, Uniform Termination Notice for SecuritiesIndustry Registration (Revised 3/02 8/99);

12. DOSIP Form DA-1-91, Branch Office RegistrationForm (Revised 4/99);

13. DOSIP Form DA-5-91, Issuer/Dealer ComplianceForm (Revised 1/91); and

14. Form FL921250Z, Florida Fingerprint Card (Revised1/91).

(b) No change.Specific Authority 517.03(1), 517.12, 517.1201 FS. Law Implemented120.60(1), 517.051, 517.081, 517.082, 517.12, 517.161(5) FS. History–Revised and Transferred from 3E-300.01, 9-20-82, Formerly 3E-301.02,Amended 10-15-86, 2-1-87, 12-8-87, 7-29-90, 7-31-91, 6-16-92, 1-10-93,3-13-94, 10-1-96, 10-23-97, 6-22-98, 6-10-99, 5-7-00,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Pamela P. Epting, Financial Examiner/Analyst SupervisorNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Donald B. Saxon, Director, Divisionof Securities and FinanceDATE PROPOSED RULE APPROVED BY AGENCYHEAD: March 7, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: March 22, 2002

DEPARTMENT OF BANKING AND FINANCEDivision of Securities and FinanceRULE TITLES: RULE NOS.:Application for Registration as a Dealer,

Issuer/Dealer, or Investment Adviser 3E-600.001Application for Registration as

Associated Person 3E-600.002Investment Adviser Notification 3E-600.0021Multiple Registration 3E-600.003Registration of Issuer/Dealers, Principals

and Branch Offices 3E-600.004Changes in Name and Successor Registration

Requirements 3E-600.007Investment Adviser Registration Depository

for Federal Covered Advisers 3E-600.0092Investment Adviser Registration Depository

for Investment Advisers 3E-600.0093Dealer, Investment Adviser, Branch Office

and Associated Persons Forms 3E-600.019PURPOSE AND EFFECT: The purpose of the proposedamendments to Rule 3E-600.001, F.A.C., is to allow for theelectronic filing for Federal Covered Advisers and InvestmentAdvisers through the Investment Advisor RegistrationDepository (IARD) of the NASD. The purpose of the proposedamendment to Rule 3E-600.002, F.A.C., is to allow for theelectronic filing of applications for associated persons ofinvestment advisers through the Central Registration

Section II - Proposed Rules 1875


Depository (CRD) of the NASD. Rule 3E-600.0021, F.A.C., isto be deleted because the NASD, in conjunction with the SECand NASAA, has developed the IARD, an electronic licensingsystem for investment advisers. The IARD supports electronicfiling of forms and centralized fee and form processing.Additionally, the NASD has developed technology for theprocessing of associated persons of investment advisersthrough the CRD. Along with an electronic filing process,examinations have been developed which test the knowledgeof individuals seeking to become investment adviserrepresentatives. The purpose of the proposed revisions to Rule3E-600.003, F.A.C., is to require registration for dealersregistered in Florida who receive separate compensation forinvestment advisory services. The purpose of the proposedrevisions to Rule 3E-600.007 is to specify the time period fornotifying the Division of changes in name and successorregistrations. Additionally, the approved form referenceinformation is being deleted because it is duplicative ofsubsection 3E-301.002(7), F.A.C.,. The purpose of theproposed creation of Rule 3E-600.0092, F.A.C., is to documentthe process for the electronic filing of information by FederalCovered Advisers and their associated persons. BeginningJanuary 1, 2001, the SEC mandated that its investment adviserregistrants use the IARD to make all filings with theCommission. As these firms have been required at the federallevel to make electronic filings, the state is likewise proposingthat filings be made electronically. The purpose of theproposed creation of Rule 3E-600.0093, F.A.C., is to documentthe process for the electronic filing of information byinvestment advisers and their associated persons. In January2001, the IARD system was created by the NASD. This systemprovides the means for electronic filing of applications.Additionally, on March 18, 2002, the NASD provided themeans for electronic processing of applications for associatedpersons of investment advisers. If investment advisers firmselect to file their applications and those of their associatedpersons electronically, the Division is proposing a rule todocument such process. The approved form referenceinformation of Rule 3E-600.019, F.A.C., is being deletedbecause it is duplicative of subsection 3E-301.002(7), F.A.C.SUMMARY: The proposed amendments update forms andspecify the means for filing for registration by Federal CoveredAdvisers, investment advisers, dealers, principals, associatedpersons, branch offices, and successors, and procedures forchanges in name.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No statement of estimated regulatorycost has been prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs or to provide a proposalfor a lower cost regulatory alternative must do so in writingwithin 21 days of this notice.

SPECIFIC AUTHORITY: 517.03, 517.12, 517.1201 FS.LAW IMPLEMENTED: 120.53, 120.60, 517.051, 517.081,517.082, 517.12, 517.1201, 517.1205, 517.161 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Pamela P. Epting, FinancialExaminer/Analyst Supervisor, 101 East Gaines Street, 6thFloor, The Fletcher Building, Tallahassee, Florida32399-0350, (850)410-9805

THE FULL TEXT OF THE PROPOSED RULES IS:

3E-600.001 Application for Registration as a Dealer,Issuer/Dealer, or Investment Adviser.

(1)(a) Applications for initial and renewal registration ofdealers, issuer/dealers, and investment advisers shall be filedon the forms prescribed by the Department in Rule3E-301.002(7), F.A.C. and shall include all informationrequired by such forms, any other information the Departmentmay require, and payment of the statutory fees required bySections 517.12(10) and 517.131, F.S. Except as otherwiseprovided in Rule 3E-600.0091, or Rule 3E-600.0093, F.A.C.,the The Department shall deem an application to be received atsuch time as it and the appropriate fee have been date stampedby the cashier's office of the Department of Banking andFinance. For dealers that are members of the NationalAssociation of Securities Dealers (NASD), such applicationshall be filed with the Department through the CentralRegistration Depository (CRD) of the NASD in accordancewith Rule 3E-600.0091, F.A.C. For investment advisers, suchapplication may be filed with the Department through theInvestment Advisor Registration Depository (IARD) of theNASD in accordance with Rule 3E-600.0093, F.A.C.

(b) A complete application must include the followingexhibits or forms that are appropriate for the type ofregistration requested:

1. For registration as a dealer or issuer/dealer, a UniformApplication for Broker-Dealer Registration, Form BD(Revised 7/99). For dealers that are members of the NASD,such application shall be filed with the Department through theCRD in accordance with Rule 3E-600.0091, F.A.C. Forregistration as an investment adviser, a Uniform Applicationfor Investment Adviser Registration, Form ADV (Revised1/1/01) shall be filed with the Department (Revised 1/99).Such application may be filed with the Department through theInvestment Advisor Registration Depository (IARD) of theNASD in accordance with Rule 3E-600.0093, F.A.C.

2. No change.



3. A Uniform Application for Securities IndustryRegistration or Transfer, Form U-4 (Revised 3/02 8/99), toregister at least one principal as set forth in Rule 3E-600.002,F.A.C. Evidence of current membership as a dealer with theNASD shall satisfy this requirement;

4. No change.5. Proof of effective registration for dealers with the

Securities and Exchange Commission (SEC). Where requiredby Section 517.12(16), F.S., applicants for registration as adealer shall also provide the Department with proof ofinsurance coverage by the Securities Investor ProtectionCorporation. Evidence of current membership as a dealer withthe NASD shall satisfy this requirement;

6. through 9. No change.(2) If the information contained in any application for

registration as a dealer or investment adviser or in anyamendment thereto, becomes inaccurate for any reason, thedealer or investment adviser shall promptly file an amendmenton the Form BD or the Form ADV, respectively, correctingsuch information within 30 days. For applicants and registrantsthat are members of the NASD, each such amendment,including those required by Rule 3E-600.007, F.A.C., shall befiled with the Department through the CRD system. Forinvestment adviser applicants and registrants who file via theIARD, each such amendment, including those required by Rule3E-600.007, F.A.C., may be filed with the Department throughthe IARD system in accordance with Rule 3E-600.0093,F.A.C. All other applicants and registrants shall file suchamendments, including those required by Rule 3E-600.007,F.A.C., directly with the Department.

(3) through (4) No change.Specific Authority 517.03(1), 517.12(6) FS. Law Implemented 517.12(6), (7),517.1205 FS. His tory–New 12-5-79, Amended 9-20-82, Formerly 3E-600.01,Amended 7-29-90, 8-1-91, 6-16-92, 1-11-93, 11-14-93, 4-30-96, 6-22-98,5-10-00, 9-19-00,________.

3E-600.002 Application for Registration as AssociatedPerson.

(1)(a) Applications for initial, reaffiliation, and renewalregistrations of a principal or associated person agent shall befiled on Form U-4 (Revised 3/02), Uniform Application forSecurities Industry Registration or Transfer (Revised 8/99),which hereby is incorporated by reference, and shall include allinformation required by such form, any other information theDepartment may require, and payment of the statutory feesrequired by Section 517.12(10), F.S. Except as otherwiseprovided in Rule 3E-600.0091, 3E-600.0092, or 3E-600.0093,F.A.C., the Department shall deem an application to bereceived at such time as it and the appropriate fee have beendate stamped by the cashier's office of the Department ofBanking and Finance. For dealers that are members of theNational Association of Securities Dealers (“NASD”), suchapplication shall be filed with the Department through theCentral Registration Depository (“CRD”) of the NASD in

accordance with Rule 3E-600.0091, F.A.C. For federal coveredadvisers, such application shall be filed with the Departmentthrough the Central Registration Depository (“CRD”) of theNASD in accordance with Rule 3E-600.0092, F.A.C. Forinvestment adviser applicants and registrants who file via theIARD, such application may be filed with the Departmentthrough the CRD of the NASD in accordance with Rule3E-600.0093, F.A.C.

(b) A complete initial application must include thefollowing exhibits or forms that are appropriate for the type ofregistration requested:

1. Uniform Application for Securities IndustryRegistration or Transfer, Form U-4 (Revised 3/02 8/99). Asused on the Form U-4 (Revised 3/02), the term “Office ofEmployment Address” shall mean the location where theperson seeking registration will regularly conduct business onbehalf of the dealer or investment adviser. For dealers that aremembers of the NASD, such application shall be filed with theDepartment through the CRD of the NASD.

2. Statutory fee in the amount of $40, for each registrationsought, as required by Section 517.12(10), F.S.

3. through 5. No change.(c) If the information contained in any Uniform

Application Form U-4 (Revised 3/02) becomes inaccurate forany reason before or after the associated person becomesregistered, the associated person through the dealer orinvestment adviser, as applicable, shall be responsible forcorrecting the inaccurate information in thirty (30) days. If theinformation being updated relates to the applicant's orregistrant's disciplinary history, in addition to updating theUniform Application Form U-4 (Revised 3/02), the associatedperson through the dealer or investment adviser shall alsoprovide the Department with notice and copies of each civil,criminal or administrative action initiated against theassociated person as provided in Rule 3E-600.010, F.A.C. Forassociated persons who have filed by using the CRD of theNASD, such amendments shall be made through the CRD ofthe NASD.

(2) No change.Specific Authority 517.03(1), 517.12(6) FS. Law Implemented 517.12(6), (7),(10), 517.1205 FS. History–New 9-20-82, Formerly 3E-301.02, Amended10-15-86, 10-4-88, 6-24-90, 7-29-90, 10-14-90, 8-1-91, 6-16-92, 6-28-93,11-14-93, 3-13-94, 4-30-96, 12-29-96, 6-22-98, 5-10-00, 9-19-00,________.

3E-600.0021 Investment Adviser Notification.Specific Authority 517.03 FS. Law Implemented 517.12(4) FS. History–New9-20-82, Formerly 3E-600.021, Amended 5-5-94, R epealed ________.

3E-600.003 Multiple Registration.(1) A dealer registered in Florida who receives separate

compensation for investment advisory services may renderinvestment advice upon registration with the Department as aninvestment adviser pursuant to Rule 3E-600.001, F.A.C., orsatisfaction of the notification requirements pursuant to Rule3E-600.0092, F.A.C.



(2)(1) An applicant for registration as an associated personmay apply to be registered as an associated person of morethan one dealer, issuer/dealer or investment adviser, or anycombination thereof, by the filing of separate applications byeach registered dealer, issuer/dealer or investment adviser, andpayment of separate application fees as required.

(3)(2) A person registered with the Department as anassociated person of an investment adviser firm or a duallyregistered dealer/investment adviser shall not be required toregister as an associated person of any other investment adviserfirm on whose behalf such person solicits, refers, offers ornegotiates advisory services, provided each of the followingconditions are met:

(a) all compensation received by the associated person ispaid by the investment adviser firm or dually registereddealer/investment adviser with which the associated person isregistered;

(b) all customer funds and securities are maintained by thedealer, investment adviser, dually registered dealer/investmentadviser or a clearing dealer;

(c) the investment adviser firm or the dually registereddealer/investment adviser shall ensure that all associatedpersons comply with the provisions of Chapter 517, F.S., andthe administrative rules promulgated thereunder; and

(d) each investment adviser firm must be registered withthe Department and the advisory services must be approved bythe investment adviser firm or dually registereddealer/investment adviser the associated person is registeredwith prior to any services being recommended.

(3) Associated persons exempted from the examinationrequirements as provided by paragraph 3E-600.004(1)(b),F.A.C., may not be registered with more than one (1)issuer/dealer at the same time.Specific Authority 517.03 FS. Law Implemented 517.12(1),(4), 120.53 FS.His tory–New 12-5-79, Amended 9-20-82, Formerly 3E-600.03, Amended8-1-91, 5-5-94,_________ .

3E-600.004 Registration of Issuer/Dealers, Principals andBranch Offices.

(1) through (2) No change.(3)(a) No change.(b) A complete application must include the following

exhibits or forms that are appropriate for the type ofregistration requested:

1. Branch Office Registration Form under Rule3E-301.002 3E-600.019.

2. Statutory fee in the amount required by Section517.12(10), F.S.

3. Manager and resident agent as appropriate in this Rulemust be registered as set forth in Rule 3E-600.002.

4. Evidence of registration with the Florida Secretary ofState as a foreign corporation.

(c) through (d) No change.

Specific Authority 517.03(1), 517.12(6) FS. Law Implemented 517.12(5), (6),(10) FS. History–New 12-5-79, Amended 9-20-82, Formerly 3E-600.04,Amended 10-14-90, 6-16-92, 1-11-93, 11-7-93, 11-14-93, 12-29-96, 10-20-97,6-10-99, 8-19-99, 5-27-01,_________.

3E-600.007 Changes in Name and Successor RegistrationRequirements.

(1) No change.(2) Where there is a change in legal entity of a proprietary,

partnership, or corporate registrant, the successor entity shallfile with the Department an amendment to Form BD, UniformApplication for Broker-Dealer Registration (Revised 7/99) orForm ADV, Uniform Application for Investment AdviserRegistration (Revised 1/1/01) (Revised 1/99) within thirty (30)calendar days of the date of such change. For registrants whoare a member of the NASD, such amendment shall be filedwith the Department through the CRD System pursuant to Rule3E-600.001(2), F.A.C. Any amendments to organizationaldocuments, accompanying letters of explanation, or currentfinancial statements of the successor shall be promptlysubmitted directly to the Department when specificallyrequested by the Department.

(3) Merger Situations: Where there is a merger of dealer orinvestment adviser registrants involving (a) the assumption bythe successor of substantially all assets and liabilities of themerged entities, and (b) the continuation of the activities of themerged entities successor entity, the merging entities successorshall file notification with the Department denoting suchchanges as are applicable within thirty (30) calendar days priorto the date of such change. The successor entity shall file anamendment to Form BD (Revised 7/99) or Form ADV(Revised 1/1/01) denoting such changes as are applicablewithin thirty (30) calendar days of date of such change. Forregistrants who are a member of the NASD, each suchamendment shall be filed with the Department through theCRD System pursuant to Rule 3E-600.001(2), F.A.C. A copyof the plan of merger/merger agreement, amendedorganizational documents, accompanying letters ofexplanation, or current financial statements of the successor(merged) entity shall be promptly provided to the Departmentwhen specifically requested by the Department.

(4) Change of Control:(a) Where a person or a group of persons directly or

indirectly or acting by or through one or more persons,proposes to acquire a controlling interest in a dealer orinvestment advisor registrant, and where the acquiror iscurrently registered with the Department, or where the acquirorhas not within the preceding 10 years committed anyreportable act as defined in Rule 3E-200.001, the resultingentity shall prior to such acquisition file with the Departmentan amendment to Form BD (Revised 7/99) or Form ADV(Revised 1/1/01) denoting such changes as are applicable thirty(30) calendar days prior to the date of such acquisition. Anyamended organizational documents, accompanying letters of



explanation, or financial statements of the resulting entity shallbe promptly filed directly with the Department whenspecifically requested by the Department.

(b) through (c) No change. (5) For the purposes of subsections (1), (2) and, (3), and

paragraph (4)(a) of this Rule, in the event that a person(s)succeeds to and continues the business of a Florida registereddealer or investment adviser, the registration of the predecessorshall be deemed to remain effective as the registration of thesuccessor for a period of thirty (30) calendar days after suchsuccession, provided that an amendment to Form BD (Revised7/99) or Form ADV (Revised 1/1/01) Application forRegistration, together with the accompanying documents asprescribed heretofore, is filed by the successor within thirty(30) calendar days after such succession.

(6) No change.(7) The changes described in this rule shall be filed with

the Department on the following forms:(a) Uniform Application for Broker-Dealer Registration

(Form BD) (Revised 7/99).(b) Uniform Request for Broker-Dealer Withdrawal (Form

BDW) (Revised 8/99).(c) Uniform Application for Investment Adviser

Registration (Form ADV) (Revised 1/99).(d) Notice of Withdrawal from Registration as Investment

Adviser (Form ADV-W) (Revised 1/99).(e) Uniform Application for Securities Industry

Registration or Transfer (Form U-4 (Revised 8/99).(f) Uniform Termination Notice for Securities Industry

Registration (Form U-5) (Revised 8/99).Specific Authority 517.03(1), 517.12(13) FS. Law Implemented 517.12(13),FS. History–New 12-5-79, Amended 9-20-82, Formerly 3E-600.07(4),Amended 10-15-86, 12-8-87, 8-1-91, 6-16-92, 1-11-93, 8-9-98,5-10-00,__________.

3E-600.0092 Investment Adviser Registration Depositoryfor Federal Covered Advisers.Wherever the Rules of this Department require the filing ofapplications, fees, and other documents with the Department,in lieu thereof, all federal covered advisers shall file such itemsas specified below:

(1) All federal covered advisers making, renewing, orterminating a notice filing in this state shall file the appropriateForm ADV (Revised 1/1/01) or ADVW (Revised 1/99) and theassessment fee required by Sections 517.1201(1) or (2), F.S.,with the Investment Adviser Registration Depository(“IARD”) of the NASD. When requested by the Department,Form ADV (Revised 1/1/01), Part 2, and all responses to anyother request for additional information, shall be filed directlywith the Department.

(2) Any notice filing made by a federal covered adviserwith the Department through the IARD shall be deemedreceived by the Department upon receipt of the Form ADV

(Revised 1/1/01) and the filing fee. The filing fee shall bedeemed received by the Department on the “payment date”reflected on the CRD “disbursement detail” report.

(3) All amendments to the Form ADV (Revised 1/1/01),shall be filed with the Department through the IARD system.

(4) All federal covered advisers who notice file in thisstate and who request initial registration, renewal, reaffiliationor termination of an associated person of such federal coveredadviser shall file the appropriate Form U-4 (Revised 3/02) orU-5 (Revised 3/02) and the assessment fee required bySections 517.12(10) or (11), F.S. with the CRD of the NASD.However, any response to any request for additionalinformation shall be filed directly with the Department.

(5) Any application for registration as an associated personof a federal covered adviser which is filed with the Departmentby way of the CRD shall be deemed received by theDepartment on the date designated in the “Status Date” field onthe line notated “FL” with a “Registration Status” of “pending”as indicated on the CRD “Registrations with CurrentEmployers” screen.

(6) All federal covered advisers currently registered withthe Department shall transition the Florida registration of theirassociated persons onto the CRD before June 30, 2002. Allassociated persons who transition onto the CRD shall file acomplete Form U-4 (Revised 3/02) through the CRD within 30days of the transition date, unless the associated person has acurrent and complete Form U-4 (Revised 3/02) on the CRDwith the federal covered adviser filing such transition.Specific Authority 517.03, 517.12(6), 517.12(15), 517.1201 FS. LawImplemented 517.1201(1), (2), (15) FS. His tory–New________.

3E-600.0093 Investment Adviser Registration Depositoryfor Investment Advisers.Wherever the Rules of this Department require the filing ofapplications, fees, and other documents with the Department,in lieu thereof, investment advisers may file such items asspecified below:

(1) All investment advisers requesting initial registration,renewal or termination of registration in this state may file theappropriate Form ADV (Revised 1/1/01) or ADVW (Revised01/99) and the assessment fee required by Sections 517.12(10)or (11), F.S., with the Investment Adviser RegistrationDepository (“IARD”) of the NASDR. Form ADV (Revised1/1/01), Part 2, and all responses to other requests foradditional information, shall be filed directly with theDepartment.

(2) Any application for registration as an investmentadviser filed with the Department through the IARD shall bedeemed received by the Department upon receipt of the FormADV (Revised 1/1/01) and the filing fee. The filing fee shall bedeemed received by the Department on the “payment date”reflected on the CRD “disbursement detail” report.



(3) All investment advisers registered in this state by theIARD requesting initial registration, renewal, reaffiliation ortermination of an associated person of such investment advisermay file the appropriate Form U-4 (Revised 3/02) or U-5(Revised 3/02) and the assessment fee required by Sections517.12(10) or (11), F.S., with the CRD of the NASD.However, all responses to any requests for additionalinformation shall be filed directly with the Department.

(4) All investment advisers currently registered with theDepartment who register their associated persons by the CRDshall transition the Florida registrations of their associatedpersons onto the CRD. All associated persons who transitiononto the CRD shall file a complete Form U-4 (Revised 3/02)through the CRD within 30 days of the transition date, unlessthe associated person has a current and complete Form U-4(Revised 3/02) on the CRD with the investment adviser filingsuch transition.

(5) Any application for registration as an associated personof an investment adviser filed with the Department by the CRDshall be deemed received by the Department on the datedesignated in the “Status Date” field on the line notated “FL”with a “Registration Status” of “pending” as indicated on theCRD “Registrations with Current Employers” screen.Specific Authority 517.03, 517.12(6), 517.12(15) FS. Law Implemented517.12(10), (11), (15) FS. History–New________.

3E-600.019 Dealer, Investment Adviser, Branch Officeand Associated Persons Forms.Specific Authority 517.03(1) FS. Law Implemented 517.12 FS. History–New12-5-79, Amended 9-20-82, Formerly 3E-600.19, Amended 8-1-91, 6-16-92,1-11-93, 6-22-98, 6-10-99, 5-10-00, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Pamela P. Epting, Financial Examiner/Analyst SupervisorNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Donald B. Saxon, Director, Divisionof Securities and FinanceDATE PROPOSED RULE APPROVED BY AGENCYHEAD: March 7, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: March 22, 2002

DEPARTMENT OF INSURANCEDivision of State Fire MarshalRULE CHAPTER TITLE: RULE CHAPTER NO.:The Florida Fire Prevention Code 4A-60RULE TITLE: RULE NO.:Manufactured and Prototype Buildings 4A-60.006PURPOSE AND EFFECT: The changes have the purpose andeffect of exempting factory built school buildings fromsubsection (4), and providing for a notice on its Modular DataPlate requiring an on-site inspection by the local fire official.

SUMMARY: Exempts factory built school buildings fromsubsection (4) of Section 4A-60.006, Florida AdministrativeCode; requires plans review to be made by certified firesafetyinspector; requires on-site inspection by local fire official;makes technical change to delete paragraph (c) of subsection(2), no longer in existence.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COSTS. No statement of estimatedregulatory costs has been prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 633.01, 633.0215, 633.025 FS.LAW IMPLEMENTED: 633.01, 633.0215, 633.025 FS.IF REQUESTED IN WRITING WITHIN 21 DAYS OF THEDATE OF THIS NOTICE, A HEARING WILL BE HELD ATTHE TIME, DATE AND PLACE SHOWN BELOW (IF NOTREQUESTED, A HEARING WILL NOT BE HELD):TIME AND DATE: 9:00 a.m., May 30, 2002PLACE: Room 116, Larson Building, 200 East Gaines Street,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: James Goodloe, Chief, Bureau of FirePrevention, Division of State Fire Marshal, 200 East GainesStreet, Tallahassee, Florida 32399-0342, (850)922-3171Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this program, please advise the Department atleast 5 calendar days before the program by contactingMillicent King at (850)922-3171.


4A-60.006 Manufactured and Prototype Buildings.(1) through (3) No change.(4)(a) through (d) No change.(e) This subsection does not apply to factory built school

buildings. Each master plan for the factory built schoolbuildings to be built according to such plan shall be reviewedby a firesafety inspector certified pursuant to Section 633.081,Florida Statutes, who shall note or cause to be noted on theface of the plans the following:

1. Whether buildings manufactured in conformance withthose plans require inspection in the factory and the itemssubject to inspection; and,

2. Identification of any item that is not indicated on theplans to be installed at the factory, but which is required to beinstalled pursuant to the Florida Fire Prevention Code, if any.Installation of such item shall be subject to inspection by thelocal fire official after installation.



(f) No factory built school building shall be occupied,used, or have an insignia of the Department of CommunityAffairs attached until such building has been inspected afterinstallation by the local fire official and found to be incompliance with the Florida Fire Prevention Code. The localfire official shall notify the local building official when thefactory built school has been inspected after installation andhas been found to be in compliance with the Florida FirePrevention Code.

(5) After the manufacturer has fully complied with at leastone option in or more of the options in paragraphs (a), (b), or(c), of subsection (2), the Department shall advise theDepartment of Community Affairs of such compliance whichshall constitute notice that the manufacturer is in compliancewith the firesafety inspection requirements of the Florida FirePrevention Code, or the applicable uniform code, and thatfiresafety inspections are being completed by certifiedfiresafety inspectors.Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01,633.0215, 633.025 FS. History–New 11-15-01, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE:James Goodloe, Chief, Bureau of Fire Prevention, Division ofState Fire MarshalNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Charles D. Clark, Division Director,Division of State Fire Marshal, Department of InsuranceDATE PROPOSED RULE APPROVED BY AGENCYHEAD: February 27, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: January 4, 2002

DEPARTMENT OF REVENUESales and Use TaxRULE TITLES: RULE NOS.:Specific Exemptions 12A-1.001Aircraft, Boats, Mobile Homes, and

Motor Vehicles 12A-1.007Occasional or Isolated Sales or Transactions

Involving Tangible Personal Property or Services 12A-1.037

Photographers and Photo Finishers; Sales by Public Officials of Public Records 12A-1.041

Tax Due at Time of Sale; Tax Returns and Regulations 12A-1.056

Registration 12A-1.060Rentals, Leases, and Licenses to Use

Transient Accommodations 12A-1.061Auctioneers, Agents, Brokers and Factors 12A-1.066Rentals, Leases, or License to Use Tangible

Personal Property 12A-1.071Public Use Forms 12A-1.097

PURPOSE AND EFFECT: The purpose of the proposedamendments to Rule 12A-1.001, F.A.C. (Specific Exemptions)is to provide current guidelines regarding: (1) the taxability offees charged by interior decorators or designers; (2) thetaxability of fees charged by architects or engineers and theirsales of a scale working or other model; and (3) the exclusionfrom tax provided for stenographers who videotapeproceedings.The purpose of the proposed amendments to Rule 12A-1.007,F.A.C. (Aircraft, Boats, Mobile Homes, and Motor Vehicles),is to remove obsolete provisions regarding the lease or rental ofa motor vehicle. Current provisions are stated in s.212.06(1)(c), F.S.The purpose of the proposed amendments to Rule 12A-1.037,F.A.C. (Occasional or Isolate Sales or Transactions InvolvingTangible Personal Property or Services), is to: (1) provideguidelines regarding sales made by or through an auctioneerwho is required to be registered under the provisions of Rule12A-1.066, F.A.C.; and (2) provide guidelines regarding salesof unclaimed tangible personal property by an agency of thestate pursuant to s. 717.122, F.S.The purpose of the proposed amendments to Rule 12A-1.041,F.A.C., is to: (1) remove unnecessary provisions from this rule;and (2) change the title to “Photographers and Photo Finishers;Sales by Public Officials of Public Records,” to reflect theproposed changes to the rule.The purpose of the proposed amendments to Rule 12A-1.056,F.A.C. (Tax Due at Time of Sale; Tax Returns andRegulations), is to remove provisions regarding the remittanceof tax by electronic funds transfer that are provided in RuleChapter 12-24, F.A.C.The purpose of the proposed amendments to Rule 12A-1.060,F.A.C. (Registration), is to remove redundant guidelines onhow to obtain forms from the Department that are provided inRule 12A-1.097, F.A.C.The purpose of the proposed amendments to Rule 12A-1.061,F.A.C. (Rentals, Leases, and Licenses to Use TransientAccommodations), is to: (1) replace obsolete provisions withcurrent provisions for separately itemized charges forcommunications services that are currently taxed underChapter 202, F.S.; and (2) clarify that mobile home lotsregulated under Chapter 723, F.S., are exempt from tax.The purpose of the proposed amendments to Rule 12A-1.066,F.A.C. (Auctioneers, Agents, Brokers and Factors), is to: (1)revise the definition of the term “auctioneer” for purposes ofthe rule to include only persons subject to the licensingrequirements of Chapter 468, F.S.; and (2) provide thatauctioneers who receive no compensation for conducting anauction for a religious, charitable, educational, or civicorganization as a fund raising event are not required to collectsales tax on sales made at that auction.



The purpose of the proposed amendments to Rule 12A-1.071,F.A.C. (Rentals, Leases, or License to Use Tangible PersonalProperty), is to: (1) remove obsolete guidelines for decoratingcontractors that will be provided in Rule 12A-1.001, F.A.C., asamended; and (2) clarify that the taxability of certain flags andflag kits.The purpose of the proposed amendments to Rule 12A-1.097,F.A.C. (Public Use Forms), is to incorporate by referencechanges to forms, and newly created forms, that are used by theDepartment in the administration of the sales and use tax.SUMMARY: The proposed amendments to Rule 12A-1.001,F.A.C. (Specific Exemptions) provide current guidelinesregarding: (1) the taxability of fees charged by interiordecorators or designers in conjunction with sales of tangiblepersonal property; (2) the taxability of fees charged by interiordecorators or designers solely for services performed that arenot in conjunction with sales of tangible personal property; (3)interior decorators or designers who contract to furnish andinstall tangible personal property that becomes a part of realty;(4) the taxability of fees charged by architects or engineers andtheir sales of a scale working or other model; and (5) theexclusion from tax provided for stenographers who videotapeproceedings.The proposed amendments to Rule 12A-1.007, F.A.C.(Aircraft, Boats, Mobile Homes, and Motor Vehicles), removeobsolete provisions regarding the lease or rental of a motorvehicle. Current provisions are stated in s. 212.06(1)(c), F.S.The proposed amendments to Rule 12A-1.037, F.A.C.(Occasional or Isolated Sales or Transactions InvolvingTangible Personal Property or Services): (1) provide that theisolated sales exemption does not apply to sales made by orthrough an auctioneer who is required to be registered underthe provisions of Rule 12A-1.066, F.A.C.; (2) clarify that salesof unclaimed tangible personal property by an agency of thestate pursuant to s. 717.122, F.S., are not subject to tax; and (3)clarify that no title certificate may be issued on any boat,mobile home, motor vehicle, or any other vehicle unless theapplicable sales and use tax has been paid.The proposed amendments to Rule 12A-1.041, F.A.C.: (1)change the title to “Photographers and Photo Finishers; Salesby Public Officials of Public Records,” to reflect the proposedchanges to the rule; (2) remove provisions regarding blueprintsfurnished by architects that will be provided in Rule12A-1.001, F.A.C., as amended; (3) remove the exemptionprovided in s. 212.08(7)(e), F.S., for the rental of motionpicture film when an admission is charged for viewing suchfilm, which does not require administrative guidelines for itsimplementation; and (4) remove provisions for the taxability ofmagazines or other containers for advertisers that are includedin Rule 12A-1.072, F.A.C., Advertising Services.

The proposed amendments to Rule 12A-1.056, F.A.C. (TaxDue at Time of Sale; Tax Returns and Regulations), removeprovisions regarding the requirements for tax to be remitted byelectronic funds transfer that are provided in Rule Chapter12-24, F.A.C.The proposed amendments to Rule 12A-1.060, F.A.C.(Registration), remove the guidelines on how to obtain formsfrom the Department that are currently provided in Rule12A-1.097, F.A.C., Public Use Forms.The proposed amendments to Rule 12A-1.061, F.A.C.(Rentals, Leases, and Licenses to Use TransientAccommodations): (1) provide that separately itemizedcharges for communications services are not rental charges orroom rates for purposes of this rule; (2) remove obsoleteprovisions for separately itemized charges fortelecommunication services and television system programservices that are currently taxed as communications servicesunder Chapter 202, F.S.; and (3) clarify that mobile home lotsregulated under Chapter 723, F.S., are exempt from tax.The proposed amendments to Rule 12A-1.066, F.A.C.(Auctioneers, Agents, Brokers and Factors): (1) revise thedefinition of the term “auctioneer” for purposes of the rule toinclude only persons subject to the licensing requirements ofChapter 468, F.S.; and (2) provide that auctioneers who receiveno compensation for conducting an auction for a religious,charitable, educational, or civic organization as a fund raisingevent are not required to collect sales tax on sales made at thatauction.The proposed amendments to Rule 12A-1.071, F.A.C.(Rentals, Leases, or License to Use Tangible PersonalProperty): (1) remove guidelines for decorating contractorsthat will be provided in Rule 12A-1.001, F.A.C., as amended;and (2) clarify that the rentals of the United States flag or theofficial State of Florida flag and kits containing such flags areexempt from tax as the sales of such flags and flag kits, asprovided in Rule 12A-1.001, F.A.C.The proposed amendments to Rule 12A-1.097, F.A.C. (PublicUse Forms), adopt, by reference, the changes to formscurrently used by the Department, and newly created forms, toadminister the sales and use tax.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: Since these proposed ruleamendments to these rule sections in Rule Chapter 12A-1,F.A.C., only implement statutory provisions, no newregulatory costs are being created. Therefore, no statement ofestimated regulatory costs has been prepared. Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative, must do so inwriting within 21 days of this notice.



SPECIFIC AUTHORITY: 212.05(1), 212.17(6), 212.18(2),213.06(1) FS.LAW IMPLEMENTED: 92.525(1)(b), 119.07(1), 119.085,125.0104(3)(g), 125.0108(2)(a), 212.02(1), (2), (4), (10), (12),(14), (15), (16), (19), (20), (21), 212.03, 212.0305,(3)(c), (h),212.031, 212.04, 212.05, 212.0506(4), (10), 212.054(4),212.055, 212.06(1), (2), (3), (4), (5), (7), (8), (10), (12),212.0601, 212.0606, 212.07(1), (2), (7), 212.08(5)(g), (h), (i),(n), (o), (6), (7)(e), (f), (h), (i), (m), (o), (q), (t), (v), (x), (y),(aa), (cc), (ee), (10), (11), (15), 212.096, 212.11(1), (2), (3),212.12(1), (2), (3), (4), (5), (6), (7), (9), (12), 212.13(2),212.14(2), 212.15(1), 212.16(1), (2), 212.17(6), 212.18(2), (3),212.21(2), 213.06(1), 213.235, 213.255(1), (2), (3), 213.35,213.37, 213.29, 213.755, 213.756, 215.01, 215.26(2), 376.11,402.61, 403.718, 403.7185 FS. A HEARING WILL BE HELD AT THE TIME, DATE ANDPLACE SHOWN BELOW:TIME AND DATE: 11:00 a.m., May 20, 2002PLACE: Room 116, Larson Building, 200 E. Gaines Street,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Janet L. Young, Tax Law Specialist,Technical Assistance and Dispute Resolution, Department ofRevenue, P. O. Box 7443, Tallahassee, Florida 32314-7443,telephone (850)922-9407NOTICE UNDER THE AMERICANS WITH DISABILITIESACT: Any person requiring special accommodations toparticipate in any proceeding before the Technical Assistanceand Dispute Resolution Office is asked to advise theDepartment at least five (5) calendar days before suchproceeding by contacting Jamie Phillips at (850)488-0717. Ifyou are hearing or speech impaired, please contact theDepartment using the Florida Relay Service, which can bereached at (800)955-8770 (Voice) and (800)955-8771 (TDD).


12A-1.001 Specific Exemptions.(1) No change.(2) SERVICE TRANSACTIONS.(a)1. Fees charged by interior decorators or designers in

conjunction with sales of tangible personal property are a partof the total charge for the tangible personal property and aresubject to tax, even when separately itemized and charged totheir clients on a cost plus basis. An interior decorator’s fee istaxable as part of the selling price under Section 212.02(16),F.S., or as a part of the cost price under Section 212.02(4), F.S.,and cannot be exempted as a professional or personal servicecharge when the transaction involves the sale of tangiblepersonal property. This is true when the fee is paid in the formof a trade discount, as is the case when a supplier grants thedecorator a trade discount and the decorator in turn bills theclient for the full list price. The decorator fee is also taxable

when it appears as an amount added to the decorator’s costwhen billed to the client for tangible personal property on acost plus basis.

2. When the sale of tangible personal property by aninterior decorator or designer to a client requires the client topurchase consultation or design services, the consultation ordesign fees are a part of the total charge for the tangiblepersonal property and are subject to tax, even when the fees areseparately itemized and charged to the client.

3. When an interior decorator or designer bills a client forthe full list price of tangible personal property sold and thenreceives the equivalent of a fee through the decorator’s ordesigner’s supplier in the form of a trade discount, thedecorator or designer is required to collect tax on the totalamount billed to the client.

4.2. Fees charged by an interior decorator or designersolely for consultation or designing services when no sale oftangible personal property occurs in conjunction with thoseservices is not subject to tax. Examples of fees charged solelyfor services rendered include designing a decorative scheme,advising clients, or recommending colors, paints, wallpaper,fabrics, brands, or sources of supply. If the decorator’s fee issolely for designing the interior and exterior decorative schemeor for advising his clients and recommending colors, paints,wallpaper, fabrics, brands, sources of supply, etc., and there isno sale of tangible personal property involved, then such feewould be exempt as a professional or personal servicetransaction.

5.3. A fee charged by an interior decorator or designer issolely for services and is not in conjunction with the sale oftangible personal property by the decorator or designer to thesame client if all of the following conditions are met: In someinstances, the decorator may receive a fixed sum, which is notin any way contingent upon the sale of tangible personalproperty to the same client. In such cases the decorator’s feecannot be considered as a part of the selling price of theproperty sold because there is no connection between thetransactions.

a. The fee is allocated in the contract to consultation ordesigning services;

b. The contract provides for separate pricing of anytangible personal property that may be purchased by the clientfrom the decorator or designer;

c. The consultation or designing services fee is separatelystated from the sales price of any tangible personal property onstatements and invoices;

d. The client is obligated to pay the consultation anddesigning services fee regardless of whether the clientpurchases any tangible personal property from the decorator ordesigner under the contract;

e. The client is not obligated to purchase tangible personalproperty from the decorator or designer;



f. The tangible personal property involved is designed andcreated specifically for that customer as part of the services;

g. The amount of the consultation and designing servicesfee is not contingent upon whether the client purchases anytangible personal property from the decorator or designer orupon the sales price of any tangible personal property the clientpurchases from the decorator or designer.

6.4. Interior decorators or designers who contract tofurnish and install tangible personal property which becomes apart of realty are the ultimate consumers of materials andsupplies they use to perform such real property contracts unlessthe contract is one described in Rule 12A-1.051(3)(d), F.A.C.In the case of all contracts other than those described in thatparagraph, the interior decorator or designer should not chargetax to its customers. It should pay tax to its suppliers on allpurchases of tangible personal property that will beincorporated into a real property improvement and should notextend an Annual Resale Certificate to make tax-exemptpurchases. It should also pay use tax on all materials itfabricates for its own use in performing such contracts. If theinterior decorator or designer uses a subcontractor to install thetangible personal property, the subcontractor is responsible forpaying tax on materials and supplies purchased and used by thesubcontractor as provided in Rule 12A-1.051, F.A.C. If thesubcontractor uses materials and supplies furnished by theinterior decorator or designer, the decorator or designer isresponsible for paying tax due on the materials and suppliesfurnished to the subcontractor. See Rule 12A-1.051, F.A.C.,for guidance on the taxation of real property contractors andsubcontractors. If the decorator’s client reimburses thedecorator for the payroll cost of personnel on the decorator’spayroll assigned to a specific project, the duties performed bysuch employees will determine whether or not this item istaxable. For example, if these employees were engaged inpainting murals on walls, etc., the charge made for theirservices is exempt, whereas, if these employees fabricatetangible personal property such as making bedspreads ordraperies then the charge for their labor is taxable.

(b)1. Fees charged by architects or engineers to design,conceive, or communicate ideas, concepts, designs, andspecifications are not subject to tax. Any plans, blueprints, orspecifications furnished by the architect or engineer as part ofthe architect’s or engineer’s services are not subject to tax. Thearchitect or engineer is the consumer of all tangible personalproperty used or consumed in performing these services and isrequired to pay tax on all materials and supplies used orconsumed in performing the services.

2. When an architect or engineer furnishes the his client orcustomer with a scale, working, or other model, the architect orengineer is selling tangible personal property total amount hecharges his customer therefor is taxable. The architect orengineer is required to collect and remit sales tax on the totalsales price, including any separately stated fees. This

constitutes the sale of tangible personal property and is notexempt as an inconsequential element of a personal servicetransaction.

(c) The taking of dictation or the video recording by apublic stenographer and stenographic transcriptions thereof areexempt as professional services. Charges for attendance andthe stenographic or videotape recordings of proceedings at atrial, hearing, conference, or similar function by a courtreporter are exempt as professional services. Charges made bycourt reporters for transcripts or videotapes of proceedings arelikewise exempt as professional services when furnished toparties to the proceedings. Charges for transcripts orvideotapes to third persons who are not parties to theproceedings for which the reporter was engaged are taxable.

(3) through (6) No change.Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.02(10), (12), (16), (20), (21), 212.05, 212.08(6), (7)(f), (h), (q), (v), (x),(cc) FS. History–Revised 1-7-68, 1-7-70, Amended 1-17-71, Revised 6-16-72,Amended 7-19-72, 12-11-74, 5-27-75, 10-21-75, 9-7-78, 9-28-78, 10-18-78,9-16-79, 2-3-80, 6-3-80, 7-7-80, 10-29-81, 12-3-81, 12-31-81, 7-20-82,11-15-82, 10-13-83, 4-12-84, Formerly 12A-1.01, Amended 7-9-86, 1-2-89,12-1-89, 7-7-92, 9-14-93, 5-18-94, 12-13-94, 3-20-96, 4-2-00, 6-28-00,6-19-01, 10-2-01(1), (2), 10-2-01(2)-(7), 10-2-01(3)-(7),________.

12A-1.007 Aircraft, Boats, Mobile Homes, and MotorVehicles.

(1) through (13) No change.(14) Lease or Rental.(a) through (c) No change.(d) If the rental of a motor vehicle, leased in another state

and driven into Florida, is paid in Florida, the entire amount ofsuch rental is taxable. If a credit card is used in lieu of cashpayment, the Florida dealer honoring the credit card is liablefor the collection of the tax on the rental and the remitting of itdirectly to the State. If the rental of a motor vehicle leased inFlorida and driven to a destination in another state is paid insuch other state, such rental is exempt from Florida tax.However, if a motor vehicle is leased in Florida and the rentalis paid in Florida, the rental is taxable even though the motorvehicle is removed from Florida immediately after the lesseetakes possession thereof.

(e) through (g) renumbered (d) through (f) No change.(15) through (29) No change.

Specific Authority 212.05(1), 212.17(6), 212.18(2), 213.06(1) FS. LawImplemented 212.02(2), (4), (10), (14), (15), (16), (19), (20), 212.03,212.05(1), 212.06(1), (2), (4), (5), (7), (8), (10), (12), 212.0601, 212.07(2), (7),212.08(5)(i), (7)(t), (aa), (ee), (10), (11), 212.12(2), (12), 213.255(1), (2), (3),215.26(2) FS. History–Revised 10-7-68, 1-7-70, Amended 1-17-71, R evised6-16-72, 8-18-73, 12-11-74, 6-9-76, Amended 2-21-77, 5-10-77, 9-26-77,9-28-78, 3-16-80, 12-31-81, 7-20-82, 10-13-83, Formerly 12A-1.07, Amended1-2-89, 12-11-89, 3-17-93, 10-17-94, 3-20-96, 4-2-00, 6-19-01,________.

12A-1.037 Occasional or Isolated Sales or TransactionsInvolving Tangible Personal Property or Services.

(1) through (2) No change.(a) The isolated sales exemption does not apply to:1. through 4. No change.



5. Sales made by or through an auctioneer, agent, broker,factor, or any other person registered or required to beregistered and to collect tax on such sales, as provided in as adealer to engage in, conduct, or hold itself out as engaged inbusiness, regardless of whether the sale of such items by theowner would have qualified the sale as an isolated sale. SeeRule 12A-1.066, F.A.C.

6. No change.(b) through (4) No change.(5) The sale of tangible personal property, or the sale of

services, under any one of the following circumstances, istaxable and is not an occasional sale if:

(a) through (d) No change.(e) Such sale is made by or through an auctioneer, agent,

broker, factor, or any other person registered or required to beregistered as a dealer to collect and remit tax on such sales, asprovided in engage in, conduct, or hold itself out as engaged inbusiness, regardless of whether the sale of such items by theowner would have qualified the sale as an occasional sale. SeeRule 12A-1.066, F.A.C.

(f) No change.(g) Such sale involves admissions; communication

services; or taxable rentals, leases, or licenses of transientrental accommodations, real property, parking lots, garages,docking, tie down spaces, or storage spaces for motor vehicles,boats, or aircraft.

(6) through (8) No change.(9) The sale by the Federal Government, including sales

made by U.S. Marshals, of surplus government property orconfiscated property is not subject to tax. However, no titlecertificate may be issued on any boat, mobile home, or motorvehicle or, if no title is required by law, no license orregistration may be issued for any aircraft, boat, mobile home,motor vehicle, or other vehicle unless the purchaser files thereis filed with the application for title certificate, license, orregistration certificate a receipt issued by the Department ofRevenue, its designated agent, or a county tax collector,evidencing payment of the tax where the same is payable.

(10)(a) The sale of tangible personal property, exceptunclaimed property pursuant to s. 717.122, F.S., including, butnot limited to, surplus or abandoned property by an agency ofthe state, or any county, municipality, or political subdivisionof this state is taxable, provided the sale does not otherwisequalify as an occasional sale.

(b) In the case of aircraft, boats, mobile homes, motorvehicles, or other vehicles, such governmental unit shall collectand remit the tax and shall furnish the purchaser with a receiptthereof evidencing payment of the tax where the same ispayable. The receipt evidencing payment of tax shall beattached to application for title, or, if no title is required by law,to the licensee or registration certificate as proof that the taxhas been paid.

(11) Sales of unclaimed tangible personal property by anagency of the state pursuant to s. 717.122, F.S., are not subjectto tax. However, no title certificate may be issued on any boat,mobile home, or motor vehicle or, if no title is required by law,no license or registration may be issued for any aircraft, boat,mobile home, motor vehicle, or other vehicle unless thepurchaser files with the application for title certificate, license,or registration certificate a receipt issued by the Department ofRevenue, its designated agent, or a county tax collector,evidencing payment of the tax where the same is payable.

(12)(11) Sales made by officers of a court pursuant tocourt orders are considered occasional sales, with the exceptionof:

(a) Sales made by trustees in bankruptcy or sales made bythird parties at the direction of or by appointment of suchtrustees, sales made by receivers, and sales made by assigneesunder the provisions of Chapter 727, F.S., which are taxable.Trustees and such third parties, receivers, and assignees arerequired to register as dealers and collect the applicable tax onall taxable sales of tangible personal property made during thetrusteeship, receivership, or assignment for the benefit ofcreditors, including sales from inventory and all tangiblepersonal property of any business or estate, excluding sales oftangible personal property to the debtor in any bankruptcyproceedings, receiverships, or assignments;

(b) Sales made by or through an auctioneer, agent, broker,factor, or any other person registered or required to beregistered as a dealer to collect and remit tax on such sales, asprovided in engage in, conduct, or hold itself out as engaged inbusiness. See Rule 12A-1.066, F.A.C.;

(c) Aircraft, boats, mobile homes, or motor vehicles of aclass or type required to be registered, licensed, titled, ordocumented in this state or by the United States Government;and

(d)1. In the case of any aircraft, boat, mobile home, ormotor vehicle of a class or type required to be registered,licensed, titled, or documented in this state or by the UnitedState Government sold by an officer of the court, no titlecertificate may be issued, or, if no title is required by law, nolicense or registration/for title certificate, license, orregistration certificate a receipt issued by the Department ofRevenue, its designated agent, or a county tax collector,evidencing payment of tax where the same is payable.

2. In the case of any aircraft, boat, mobile home, or motorvehicle of a class or type required to be registered, licensed,titled or documented in this state or by the United StatesGovernment sold by an officer of the court by or through anauctioneer or other dealer, the auctioneer or other dealer shallcollect and remit the tax and shall furnish the purchaser with areceipt evidencing payment of the tax where same is payable.The receipt evidencing payment of the tax shall be attached to



the application for title, or, if no title is required by law, to thelicense or registration certificate as proof that the tax has beenpaid.

(12) through (17) renumbered (13) through (18) Nochange.Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.02(1), (2), (10)(g), (12), (14), (16), (19), 212.04, 212.05(1)(c), (d), (f), (h),(j), 212.06(1)(a), (2), (3), (8), (10), 212.07(1), 212.11(2), (3), 212.12(9),212.18(2), 212.21(2), 213.06(1), 213.35 FS. History–Revised 10-7-68,6-16-72, Amended 10-18-78, 5-8-79, 12-23-80, 12-3-81, 7-10-82, Formerly12A-1.37, Amended 1-2-89, 8-15-94, 6-19-01, ________.

12A-1.041 Sales by Photographers, Photofinishers andPhotostat Producers, Photoengravers, Wood Engravers andPhoto Finishers; Sales by Public Officials of Public Records.

(1) Photographers and photo finishers, photofinishers andphotostat producers are engaged in the sale of tangible personalproperty when developing or printing pictures for sale, orselling completed photographs or photostats or other tangiblepersonal property. Such persons are required to collect andremit tax on the total amount charged to the customer for thesale of such tangible personal property. When such personsdevelop or print pictures and sell films, frames, cameras,completed photographs, photostats, blueprints, etc., they aremaking sales of completed articles of tangible personalproperty and must collect the tax on the total selling pricewithout deduction for the cost of the property sold, labor,service, or any other expense whatsoever.

(2) The charge for retouching, tinting, or coloring Whenpersons covered by this rule retouch, tint or color photographsbelonging to others, the total charge is subject to tax taxable.

(3) No change.(4) The rental of motion picture film is exempt when there

is an admission charge for viewing such film. All charges forservices rendered by radio and television stations, includingline charges and talent fees are exempt. All charges to radioand television stations for license fees and charges for raw andprocessed films, video tapes and transcriptions for use inproducing radio or television broadcasts are exempt. All otherfilm rentals are taxable.

(4)(5) Sitting fees charged charges by photographers aretaxable as part of the sales price a service when the transactionis in conjunction they are in connection with a sale of tangiblepersonal property. The charge for sitting fees that are not inconjunction with the sale of tangible personal property are notsubject to tax. In such cases, they are not exempt asprofessional services.

(6) Blueprints furnished by an architect as a part of hisservices at no separate charge are not taxable to the client. Thearchitect must pay sales tax on the purchase of the blueprints, ifpurchased by him, or on the tangible personal propertypurchased for use in the making thereof. If there is a separatecharge to his client for the blueprints, it is a sale of tangible

personal property and the architect shall purchase theblueprints or materials used in the making thereof with a resalecertificate and collect the tax thereon from the client.

(5)(7) No change.(8) The entire selling price of photographic film, including

any charge for magazines or other containers, etc., whetherseparately stated or not, is taxable.Cross Reference-Rule 12A-1.072, F.A.C.Specific Authority 212.17 (6), 212.18 (2), 213.06 (1) FS. Law Implemented119.07(1), 119.085, 212.02(2), (14), (15), (16), 212.08(5), (6), (7)(e), (v) FS.His tory–Revised 10-7-68, Amended 12-8-68, 1-17-71, Revised 6-16-72,Amended 12-11-74, 5-27-75, Formerly 12A-1.41, Amended 7-30-91, 8-10-92,6-19-01,________.

12A-1.056 Tax Due at Time of Sale; Tax Returns andRegulations.

(1)(a) No change.(b) When the tax is required to be remitted by electronic

funds transfer and the tax due date falls on a Saturday, aSunday, a legal holiday as defined in s. 655.89, F.S., or on alegal holiday of the jurisdiction in which the taxpayer’sfinancial institution is located, the deposit by electronic fundstransfer is required on or before the first banking daythereafter. For the purposes of this rule, “banking day” has themeaning prescribed in s. 655.89, F.S.

(c) through (d) renumbered (b) through (c) No change.(2) through (11) No change.

Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented125.0104(3)(g), 125.0108(2)(a), 212.03(2), 212.0305(3)(c), (h), 212.031(3),212.04(3), (4), (5), 212.0506(4), (10), 212.054(4), 212.055, 212.06(1)(a),212.0606, 212.11, 212.12(1), (2), (3), (4), (5), 212.14(2), 212.15(1), 213.235,213.29, 213.755, 215.01, 376.11, 403.718, 403.7185 FS. History–R evised10-7-68, 6-16-72, Amended 10-21-75, 6-9-76, 11-8-76, 2-21-77, 4-2-78,10-18-78, 12-23-80, 8-26-81, 11-23-83, 5-28-85, Formerly 12A-1.56,Amended 3-12-86, 1-2-89, 12-19-89, 12-7-92, 10-20-93, 10-17-94, 3-20-96,4-2-00, 6-19-01,_________.

12A-1.060 Registration.(1)(a) through (c) No change.(d) Applications to Collect and or Report Tax in Florida

(form DR-1) and Applications for Collective Registration forRental of Living or Sleeping Accommodations (form DR-1C)are available, without cost, by: 1) writing the FloridaDepartment of Revenue, Forms Distribution Center, 168Blountstown Highway, Tallahassee, Florida 32304; or, 2)faxing the Forms Distribution Center at 850-922-2208; or, 3)using a fax machine telephone handset to call the Department’sFax on Demand system at 850-922-3676; or, 4) visiting anylocal Department of Revenue Service Center to personallyobtain a copy; or, 5) calling the Forms Request Line duringregular office hours at 800-352-3671 (in Florida only) or850-488-6800; or, 6) downloading selected forms from theDepartment’s Internet site at the address shown inside theparentheses (http://sun6.dms.state.fl.us/dor/). Persons withhearing or speech impairments may call the Department’sTDD at 1-800-367-8331.



(e) through (h) renumbered (d) through (g) No change.(2) through (3) No change.

Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.03(1), (2), 212.04(4), 212.06(2), 212.12(2), (5), (6), 212.16(1), (2),212.18(3) FS. History–Revised 10-7-68, 1-7-70, 6-16-72, Amended 3-21-77,5-10-77, 10-18-78, Formerly 12A-1.60, Amended 6-10-87, 1-2-89, 11-12-90,3-17-94, 1-2-95, 3-20-96, 11-30-97, 4-2-00, 6-19-01, 10-2-01(1), 10-2-01(1),_________.

12A-1.061 Rentals, Leases, and Licenses to Use TransientAccommodations.

(1) through (2) No change.(3) RENTAL CHARGES OR ROOM RATES.(a) through (g) No change.(h) The following is a non-inclusive list of charges

separately itemized on a guest’s or tenant’s bill, invoice, orother tangible evidence of sale that are NOT rental charges orroom rates for transient accommodations:

1. Charges for communications telecommunicationservices, including facsimile services. See Rule Chapter12A-19 12A-1.046, F.A.C.

2. Charges for television system program services,including charges for movies and video tapes. See Rule12A-1.046, F.A.C.

3. through 16. renumbered 2. through 15. No change.(4) through (8) No change.(9) MOBILE HOMES, RECREATIONAL VEHICLES,

AND PARKS.(a) through (d)3. No change.4. Mobile home lots regulated under Chapter 723, F.S., are

required to be leased for periods of at least one year and areexempt from tax. Owners and owners’ representatives ofmobile home lots regulated under Chapter 723, F.S., are notrequired to file form Form DR-72-2 with the Department todeclare the mobile home lot exempt or required to make anannual redetermination of the taxable status of the lot.

5. No change.(10) through (19) No change.

Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented92.525(1)(b), 212.02(2), (10)(a)-(g), (16), 212.03(1), (2), (3), (4), (5), (7),212.031, 212.04(4), 212.08(6), (7)(i), (m), (o), 212.11(1), (2), 212.12(7), (9),(12), 212.13(2), 212.18(2), (3), 213.37, 213.756 FS. History–Revised 10-7-68,1-7-70, Amended 1-17-71, Revised 6-16-72, Amended 7-19-72, 4-19-74,12-11-74, 5-27-75, 10-18-78, 4-11-80, 7-20-82, 1-29-83, 6-11-85, Formerly12A-1.61, Amended 10-16-89, 3-17-94, 1-2-95, 3-20-96, 11-30-97, 7-1-99,3-4-01(4), 3-4-01(2), (5), (14), 10-2-01,________.

12A-1.066 Auctioneers, Agents, Brokers and Factors.(1)(a) Every agent, auctioneer, broker, or other person

who is engaged in any business activity of making sales oftangible personal property with the object of private or publicgain, benefit, or advantage, either direct or indirect, who sellsat retail, or who offers for sale at retail, or who has in hispossession for sale at retail, is required to register as a dealerunder Chapter 212, F.S., and collect and remit any applicable

tax on the total retail sales price of any taxable item of tangiblepersonal property without any deduction for any expense, suchas storage, commission, or repairs, etc. It is immaterial that:

1. The auctioneer, broker, factor, or other person may nothave possession of the tangible personal property;

2. The title to the tangible personal property cannot betransferred to the purchaser without further action on the partof the principal; or

3. The purchaser has disclosed the identity of the principal.(b) An agent, auctioneer, broker, or other person selling

tangible personal property shall collect and remit the tax whentitle or possession of the property is transferred within this statenotwithstanding the fact that the tangible personal propertybelongs to an out-of-state principal.

(c) The following words and terms, when used in thissection, shall have the following meaning, unless the contextclearly indicates otherwise:

1. No change.2. “Auctioneer” is a person subject to the licensing

requirements of Chapter 468, F.S., who either owns an item oftangible personal property, or to whom an item of tangiblepersonal property has been consigned or delivered, and whooffers for sale the item of tangible personal property for sale bycompetitive bid.

3. through 5. No change.(2)(a) Auctioneers who conduct auctions exempt under s.

468.383, F.S., are not required to collect and remit tax on salesmade at such auctions.

(b) An auctioneer who receives no compensation forconducting an auction for a religious, charitable, educational,or civic organization as a fund raising event is not required tocollect tax on sales of tangible personal property made by theorganization at the auction. For guidelines on the taxability ofoccasional sales made by such organizations, see Rule12A-1.037, F.A.C.

(2) through (6) renumbered (3) through (7) No change. Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.02(14), 212.05(1), 212.06(1)(a), (2)(b), (c), (g), (h), (3), (5)(b) FS.His tory–Revised 10-7-68, 6-16-72, Formerly 12A-1.66, Amended1-2-89,_________.

12A-1.071 Rentals, Leases, or License to Use TangiblePersonal Property.

(1) through (34) No change.(35)(a) The rental or lease of a United States flag or the

official flag of Florida is exempt. The rental or lease as a unitof a kit that includes the United Sates flag or the official flag ofFlorida and related accessories, such as a mounting bracket, astandard, a halyard, and instructions for the display of the flagis also exempt. The lease or rental of any accessory, when notleased or rented as a part of a kit containing the United Statesflag or the official flag of Florida, is taxable. See Rule12A-1.001, F.A.C., for the exemption provided for sales offlags and flag kits. A decorating contractor who uses materials



and supplies such as bunting, streamers, colored paper,wreaths, pennants, lights, rope, etc., in fulfilling a contractwhich requires the furnishing of arrangements and decorationsto, and their subsequent removal from, hotels, offices, publicbuildings, etc., is the consumer of such materials and suppliesand shall pay tax on their acquisition. The purchase of a UnitedStates flag or official state flag of Florida for said use isexempt. The contractor’s charge under such contract is aservice charge and is exempt.

(b) The charge a contractor makes to his customer for therental of a flag kit containing a flag of the Unites States or theofficial state flag of Florida which may include flag poles,standards, etc., is exempt. The rental of any related accessories,when not rented as part of a kit containing a flag is taxable.

(36) through (48) No change.Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.02(1), (4), (10)(g), (12), (14)(a), (15)(a), (16), (19), 212.04, 212.05(1)(c),(d), (f), (h), (j), 212.06(1)(a), (2)(e), (8), 212.08(7)(e), (f), (v), (y), 212.11(2),(3), 212.12(9), 212.18(2), 402.61 FS. History–Revised 10-7-68, 1-7-70,6-16-72, Amended 12-11-74, 12-31-81, 7-20-82, Formerly 12A-1.71,Amended 1-2-89, 10-5-92, 11-16-93, 8-15-94, 10-17-94, 3-20-96,_________.

12A-1.097 Public Use Forms.(1) No change.

Form Number Title EffectiveDate

(2) DR-1 Application to Collectand/or Report Tax in Florida (r. 08/01 08/00) ____06/01

(3) through (4) No change.(5)(a) DR-7 Consolidated Sales

and Use Tax Return (R. 01/02 r. 12/99) ____ 06/01

(b) DR-7N Instructions forConsolidated Salesand Use Tax Return(R. 01/02) _____

(6)(a) DR-15 Sales and Use Tax Return (R. 01/02 r. 01/01) _____06/01

(b) DR-15CS Sales and Use Tax Return (R. 01/02 r. 07/00) _____06/01

(c) DR-15CSN DR-15CS Sales and UseTax Returns ReturnLine-by-line Instructionsfor 2002 (R. 01/02 r. 07/00) _____06/01

(d) DR-15EZ Sales and Use Tax Return (R. 01/02 r. 01/01) _____06/01

(e) DR-15EZN Instructions for 2002 DR-15EZ Sales and UseTax Returns (R. 01/02 r. 01/01) _____06/01

(f) through (g) No change.

(h) DR-15MO Out-of-State PurchaseMail Order/Use Tax Return (r. 06/01 09/00) _____06/01

(i) DR-15N Instructions for 2002 2001DR-15 Sales and Use TaxReturns (r. 01/02 01/01) _____06/01

(j) DR-15SA Sales and Use TaxReturn [Semi-Annual] (R.12/01 r. 01/01) _____06/01

(k) DR-15SAN Annual and SemiannualSales and Use Tax ReturnInstructions (R. 01/02) _____

(k) through (l) renumbered (l) through (m) No change.(7) through (9) No change.

(10) DR-38 Tax Collector’s Report6% Sales Tax and/or Surtax (R. 01/99 r. 02/91) ____08/92

(11) through (18)(b) No change.(c) DR-231* Certificate of Exemption

for Entertainment IndustryQualified Production Company (n. 01/01) 10/01

(d) through (20) No change.Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.08(5)(f), (g), (h), (n), (o), (15), 212.096, 212.17(6), 212.18(2), (3),288.1258 FS. History–New 4-12-84, Formerly 12A-1.97, Amended 8-10-92,11-30-97, 7-1-99, 4-2-00, 6-28-00, 6-19-01, 10-2-01, 10-21-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Janet L. Young, Tax Law Specialist, Technical Assistance andDispute Resolution, Department of Revenue, P. O. Box 7443,Tallahassee, Florida 32314-7443, telephone (850)922-9407NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Charles B. Strausser, RevenueProgram Administrator I, Technical Assistance and DisputeResolution, P. O. Box 7443, Tallahassee, Florida 32314-7443;telephone number (850)488-4746DATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 11, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: The proposed rule amendments werenoticed for a rule development workshop in the FloridaAdministrative Weekly on January 18, 2002 (Vol. 28, No. 3,pp. 133-140). A rule development workshop was held onFebruary 5, 2002, in Room 116, Larson Building, 200 E.Gaines Street, Tallahassee, Florida, commencing at 10 a.m.and concluding at 10:15 a.m. In response to a public inquiry,the Department has added a new provision to the guidelinesprovided in subparagraph (a)5. of Rule 12A-1.001, F.A.C., forsales by interior decorators or designers.



DEPARTMENT OF REVENUESales and Use TaxRULE TITLES: RULE NOS.:Public Use Forms 12A-1.097Enterprise Zone and Florida Neighborhood

Revitalization Programs 12A-1.107PURPOSE AND EFFECT: The purpose of the proposedamendments to Rule 12A-1.097, F.A.C. (Public Use Forms), isto adopt the changes to forms currently used, and new formscreated, by the Department to administer the Florida EnterpriseZone and Neighborhood Revitalization Programs.The purpose of the proposed amendments to Rule 12A-1.107,F.A.C. (Enterprise Zone and Florida NeighborhoodRevitalization Programs), is to: (1) implement s. 3, Chapter2001-201, L.O.F., which revises the enterprise zone jobs creditagainst sales tax for employees hired after October 1, 2001; (2)implement s. 2, Chapter 2001-201, L.O.F., which extends thecommunity contribution tax credit provisions of the enterprisezone program to the state sales tax and revises provisions forbuilding materials and business property used in an enterprisezone; and (3) change the requirement to file an Application forRefund-Sales and Use Tax (form DR-26S) for those programspreviously requiring form DR-26.SUMMARY: The proposed amendments to Rule 12A-1.097,F.A.C. (Public Use Forms), adopt, by reference, changes toforms currently used, and new forms created, by theDepartment to administer the Florida Enterprise Zone andNeighborhood Revitalization Programs.The proposed amendments to Rule 12A-1.107, F.A.C.(Enterprise Zone and Florida Neighborhood RevitalizationPrograms): (1) provide guidelines on how to claim theenterprise zone jobs credit against sales tax for employeeshired after October 1, 2001; (2) provide that the required formsto obtain a sales tax credit for building materials and businessproperty used in an enterprise zone may be filed within 90 daysafter the rehabilitated property is first subject to assessment;(3) provide guidelines on how to claim the communitycontribution tax credit against the state sales tax; and (4)change the requirement to file an Application for Refund-Salesand Use Tax (form DR-26S) for those programs previouslyrequiring form DR-26.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: Since these proposed ruleamendments to these rule sections in Rule Chapter 12A-1,F.A.C., only implement statutory provisions, no newregulatory costs are being created. Therefore, no statement ofestimated regulatory costs has been prepared. Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative, must do so inwriting within 21 days of this notice.

SPECIFIC AUTHORITY: 212.08(5)(g)6., (h)6.,(n)4.,(o)4.,(15)(e), 212.17(6), 212.18(2), 213.06(1) FS. LAW IMPLEMENTED: 212.08(5)(g), (h), (n), (o), (q), (15),212.096, 212.15(2), 212.17(6), 212.18(2), (3), 288.1258 FS.A HEARING WILL BE HELD AT THE TIME, DATE ANDPLACE SHOWN BELOW:TIME AND DATE: 11:00 a.m., May 20, 2002PLACE: Room 116, Larson Building, 200 E. Gaines Street,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Suzanne Paul, Tax Law Specialist,Technical Assistance and Dispute Resolution, Department ofRevenue, P. O. Box 7443, Tallahassee, Florida 32314-7443,telephone (850)922-4733NOTICE UNDER THE AMERICANS WITH DISABILITIESACT: Any person requiring special accommodations toparticipate in any proceeding before the Technical Assistanceand Dispute Resolution Office is asked to advise theDepartment at least five (5) calendar days before suchproceeding by contacting Jamie Phillips at (850)488-0717. Ifyou are hearing or speech impaired, please contact theDepartment using the Florida Relay Service, which can bereached at (800)955-8770 (Voice) and (800)955-8771 (TDD).


12A-1.097 Public Use Forms.(1) No change.


(2) through (6)(e) No change.(f) DR-15JZ Florida Enterprise Zone

Jobs Credit Certificate ofEligibility Sales Tax EffectiveJuly 1, 1996 (r. 04/01) 06/01

(g) through (j) renumbered (f) through (i) No change. (j) DR-15ZC Application for Florida

Enterprise Zone JobsCredit for Sales Tax Effective January 1, 2002(N. 01/02) _____

(k) DR-15ZCN Instructions for Completingthe Sales and Use Tax Return, Form DR-15, when taking the Enterprise Zone Jobs Tax Credit under theNew Law (N. 01/02) _____

(l)(k) EZ-E Florida Enterprise Zone Program-Business EquipmentSales Tax Refund Application For Eligibility (R. 07/01 r. 06/00) ____06/01



(m)(l) EZ-M Florida Enterprise Zone Program-Building MaterialsSales Tax Refund Application for Eligibility (R. 07/01 r. 06/00) 06/01

(7) through (20) No change.Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented212.08(5)(g), (h), (n), (o), (q), (15), 212.096, 212.17(6), 212.18(2), (3),288.1258 FS. History–New 4-12-84, Formerly 12A-1.97, Amended 8-10-92,11-30-97, 7-1-99, 4-2-00, 6-28-00, 6-19-01, 10-2-01, 10-21-01,_________.

12A-1.107 Enterprise Zone and Florida NeighborhoodRevitalization Programs.

(1) ENTERPRISE ZONE JOBS CREDIT.(a) How to Claim the Credit. For employees hired after

October 1, 2001, an An application that includes theinformation required by s. 212.096(3)(a)-(f), F.S., effectiveJuly 1, 2001, must be filed with the Enterprise ZoneDevelopment Agency for the enterprise zone where thebusiness is located to claim the enterprise zone jobs credit. TheDepartment of Revenue prescribes form DR-15ZC,Application for Florida Enterprise Zone Jobs Credit for SalesTax Effective January 1, 2002 DR-15JZ, Florida EnterpriseZone Jobs Credit Certificate of Eligibility for SalesTax-Effective July 1, 1996 (incorporated by reference in Rule12A-1.097, F.A.C.), for this purpose.

(b) Forms Required. Taxpayers claiming the enterprisezone jobs credit against sales and use tax for employees hiredafter October 1, 2001, must use form DR-15ZC DR-15JZ toapply for, calculate, and claim the credit with the Departmentof Revenue. Form DR-15ZC DR-15JZ must be certified by theEnterprise Zone Development Agency, attached to a sales anduse tax return, and delivered directly to the Department, orpostmarked post-marked, within six four months after the newemployee is hired.

(2) BUILDING MATERIALS USED IN THEREHABILITATION OF REAL PROPERTY LOCATED INAN ENTERPRISE ZONE.

(a) How to Claim the Refund. An application that includesthe information required by s. 212.08(5)(g)1., F.S., must befiled with the Enterprise Zone Development Agency for theenterprise zone where the building materials are used, to claima refund of tax paid on building materials used in therehabilitation of real property located in an enterprise zone.Form EZ-M, Florida Enterprise Zone Program-BuildingMaterials Sales Tax Refund Application for Eligibility(incorporated by reference in Rule 12A-1.097, F.A.C), isprescribed by the Department for this purpose. For theapplicant to be eligible to receive a refund, the Enterprise ZoneCoordinator for the enterprise zone where the buildingmaterials are used must certify, using form EZ-M, that theapplicant meets the criteria provided in s. 212.08(5)(g), F.S.The Enterprise Zone Coordinator will certify form EZ-M,including the required attachments, and return the form andattachments to the applicant. The applicant is responsible for

attaching the certified form EZ-M and the required attachmentsto form DR-26S and forwarding the package to the Departmentof Revenue.

(b) Forms Required. Taxpayers claiming the refund mustfile an Application for Refund-Sales and Use Tax (formDR-26S, incorporated by reference in Rule 12-26.008, F.A.C.)and form EZ-M with the Department of Revenue. FormDR-26S must be attached to form EZ-M and its attachments,and the package must be delivered directly to the Department,or postmarked, within 6 months after the rehabilitation of theproperty is deemed substantially completed by the localbuilding inspector or within 90 days after the rehabilitatedproperty is first subject to assessment. The completed formDR-26S, the certified form EZ-M, and the required attachment,should be mailed to:

Florida Department of RevenueRefund SubprocessP. O. Box 6490Tallahassee, Florida 32314-6490.(3) BUSINESS EQUIPMENT USED IN AN

ENTERPRISE ZONE.(a) How to Claim the Refund. An application that includes

the information required by s. 212.08(5)(h)2., F.S., must befiled with the Enterprise Zone Development Agency for theenterprise zone where the business is located to obtain a refundof tax paid on business property used in an enterprise zone.Form EZ-E, Florida Enterprise Zone Program-BusinessEquipment Sales Tax Refund Application for Eligibility(incorporated by reference in Rule 12A-1.097, F.A.C.), isprescribed by the Department for this purpose. For an applicantto be eligible to receive a refund, the Enterprise ZoneCoordinator for the enterprise zone where the businessproperty is used must certify, using form EZ-E, that theapplicant meets the criteria set forth in s. 212.08(5)(h), F.S.The Enterprise Zone Coordinator will certify form EZ-E,including the required attachments, and return the form andattachments to the applicant. The applicant is responsible forattaching the certified form EZ-E, and the requiredattachments, to form DR-26S and forwarding the package tothe Department of Revenue.

(b) Forms Required. Taxpayers claiming the refund mustfile an Application for Refund-Sales and Use Tax (formDR-26S) and form EZ-E with the Department of Revenue. Theapplicant is responsible for submitting an Application forRefund-Sales and Use Tax (form DR-26S), the completed andcertified form EZ-E, and the required attachments to theDepartment of Revenue. Form DR-26S must be attached toform EZ-E and attachments and delivered directly to theDepartment, or postmarked, within 6 months after the tax isdue on the business property that was is purchased. Thecompleted form DR-26S, the certified form EZ-E, and therequired supporting documentation should be mailed to:



Florida Department of RevenueRefund SubprocessP. O. Box 6490Tallahassee, Florida 32314-6490.(4) COMMUNITY CONTRIBUTION TAX CREDIT

FOR DONATIONS.(a) Who May Claim the Credit. Any taxpayer that has

received prior approval from the Office of Tourism, Trade, andEconomic Development for a community contribution to anyrevitalization project undertaken by an eligible sponsor will beallowed a credit of 50 percent of the value of the contribution.The total annual credit under this subsection, applied againstthe tax due under Chapter 212, F.S., for a taxable year, islimited to $200,000. Taxpayers who elect to claim the creditagainst sales and use tax are ineligible to claim the creditagainst corporate income tax or insurance premium tax.

(b) Valuation of the Credit.1. The valuation of the contribution determined by the

Office of Tourism, Trade, and Economic Development will beused in the computation of the credit.

2. A contribution of more than $400,000 may be made in atax year. However, the credit received for any contributionmay not exceed the $200,000 annual credit limitation.

(c) When to Claim the Credit. The credit must be claimedas a refund of sales and use tax reported on returns andremitted to the Department within the 12 months preceding thedate of the application for refund. If a taxpayer is unable tofully utilize the amount of credit granted in a year due toinsufficient tax payments during the 12-month periodpreceding the granting of the credit, the unused amount may becarried forward for a period not to exceed 3 years and may beincluded in an application for refund filed during those years.

(d) Forms Required. Taxpayers claiming the credit mustfile an Application for Refund-Sales and Use Tax (formDR-26S) with a copy of the letter issued to the taxpayer by theOffice of Tourism, Trade, and Economic Developmentauthorizing the taxpayer to claim the credit. The applicant isresponsible for submitting an Application for Refund-Salesand Use Tax (form DR-26S) and a copy of the authorizationletter from the Office of Tourism, Trade, and EconomicDevelopment to the Department of Revenue. Only oneapplication may be submitted in a 12-month period. Thecompleted form DR-26S and a copy of the authorization lettershould be mailed to:

Department of RevenueRefund SubprocessP. O. Box 6490Tallahassee, Florida 32314-6490.(5)(4) No change.

(6)(5) BUILDING MATERIALS AND LABOR FORCONSTRUCTION OF SINGLE-FAMILY HOMES IN ANENTERPRISE ZONE, EMPOWERMENT ZONE, ORFRONT PORCH FLORIDA COMMUNITY.

(a) No change.(b) Forms Required. Taxpayers claiming the refund must

file an Application for Refund-Sales and Use Tax (formDR-26S) with the Department of Revenue. Form DR-26RP,signed by the Enterprise Zone Coordinator or the Chair of theFront Porch Community, and all the documentation listed onform DR-26RP, must be attached and forwarded to theDepartment. Form DR-26S, form DR-26RP, and the requireddocumentation must be delivered directly to the Department, orpostmarked, within 6 months after the date the single-familyhome is deemed to be substantially completed by the localbuilding inspector. Form DR-26S, form DR-26RP, and therequired documentation should be mailed to:

Florida Department of RevenueRefund SubprocessP. O. Box 6490Tallahassee, Florida 32314-6490.(7)(6) BUILDING MATERIALS USED IN

REDEVELOPMENT PROJECTS.(a) No change.(b) Forms Required. Taxpayers claiming the refund must

file an Application for Refund-Sales and Use Tax (formDR-26S) with the Department of Revenue. Form DR-26RP,signed by the contact person, and all the documentation listedon form DR-26RP, must be submitted to the Department. FormDR-26S, form DR-26RP, and required documentation must bedelivered directly to the Department, or postmarked, within 6months after the date the housing project or mixed-use projectis deemed to be substantially completed by the local buildinginspector. Form DR-26S, form DR-26RP, and the requireddocumentation should be mailed to:

Florida Department of RevenueRefund SubprocessP. O. Box 6490Tallahassee, Florida 32314-6490.(7) through (8) renumbered (8) through (9) No change.

Specific Authority 212.08(5)(g)6., (h)6., (n)4., (o)4., (15)(e), 212.17(6),212.18(2), 213.06(1) FS. Law Implemented 212.08(5)(g), (h), (n), (o), (q),(15), 212.096, 212.15(2), 212.17(6), 212.18(2) FS. History–New 1-3-96,Amended 6-19-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Suzanne Paul, Tax Law Specialist, Technical Assistance andDispute Resolution, Department of Revenue, P. O. Box 7443,Tallahassee, Florida 32314-7443, telephone (850)922-4733NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Rodney Felix, Revenue ProgramAdministrator I, Technical Assistance and Dispute Resolution,P. O. Box 7443, Tallahassee, Florida 32314-7443; telephonenumber (850)922-4111



DATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 11, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: The proposed rule amendments werenoticed for a rule development workshop in the FloridaAdministrative Weekly on November 30, 2001 (Vol. 27, No.48, pp. 5590-5593). A rule development workshop was held onDecember 18, 2002, in Room 116, Larson Building, 200 E.Gaines Street, Tallahassee, Florida. No one appeared toprovide comments regarding these proposed rule changes. Nowritten comments have been received by the Department.

DEPARTMENT OF REVENUESales and Use TaxRULE TITLES: RULE NOS.:Scope of Rules 12A-17.001Definitions 12A-17.002Registration 12A-17.003Denial, Suspension, or Revocation

of Registration 12A-17.004Public Use Forms 12A-17.005PURPOSE AND EFFECT: The purpose of the proposedchanges to Rule Chapter 12A-17, F.A.C., Registration asSecondhand Dealer or Secondary Metals Recycler, is to: (1)remove the recitation of provisions of Chapter 538, F.S., andother unnecessary provisions of the rule chapter; (2) provideguidelines for the denial, suspension, or revocation of aSecondhand Dealer or Secondary Metals Recycler Certificateof Registration consistent with the provisions of Chapter 120,F.S., and Rule Chapters 28-104 and 28-106, F.A.C.; (3) changethe title of Rule 12A-17.003, F.A.C., to “Registration,” the titleof Rule 12A-17.004, F.A.C., to “Denial, Suspension, orRevocation of Registration,” and the title of Rule 12A-17.005,F.A.C., to “Public Use Forms,” to reflect the proposed changesto those rule sections; and (4) incorporate by reference thecurrent registration and renewal registration forms used by theDepartment for the registration of secondhand dealers andsecondary metals recyclers.SUMMARY: The proposed amendments to Rule 12A-17.001,F.A.C. (Scope of Rules), remove the unnecessary provisionsregarding the denial, suspension, or revocation of registrationthat will be provided in Rule 12A-17.004, F.A.C., as amended.The proposed repeal of Rule 12A-17.002, F.A.C. (Definitions)removes the unnecessary recitation of the provisions ofChapter 538, F.S.The proposed amendments to Rule 12A-17.003, F.A.C.: (1)change the title to “Registration”; and (2) remove theunnecessary recitation of the provisions of Chapter 538, F.S.The proposed substantial rewording of Rule 12A-17.004,F.A.C.: (1) changes the title to “Denial, Suspension, orRevocation of Registration”; (2) removes the unnecessaryrecitation of the provisions of Chapter 538, F.S.; and (3)provides guidelines for the denial, suspension, or revocation of

a Secondhand Dealer or Secondary Metals Recycler Certificateof Registration consistent with the provisions of Chapter 120,F.S., and Rule Chapters 28-104 and 28-106, F.A.C.The proposed amendments to Rule 12A-17.005, F.A.C.: (1)change the title to “Public Use Forms”; (2) incorporate byreference the current registration and renewal registrationforms used by the Department for secondhand dealers andsecondary metals recyclers; and (3) remove a form that doesnot meet the definition of a “rule,” as provided in s.120.52(15), F.S., and is not required to be adopted byreference.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: Since these proposed ruleamendments and proposed rule repeals in Rule Chapter12A-17, F.A.C., only implement statutory provisions, no newregulatory costs are being created. Therefore, no statement ofestimated regulatory costs has been prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative, must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: 120.53(1)(b), 212.17(6), 212.18(2),213.06(1), 538.03, 538.11 FS.LAW IMPLEMENTED: 212.02(15), 212.17(4),(6), 212.18(2),213.06(1), 538.022, 538.03, 538.09, 538.11, 538.15, 538.18,538.22, 538.25, 538.26 FS.A HEARING WILL BE HELD AT THE TIME, DATE ANDPLACE SHOWN BELOW:TIME AND DATE: 11:00 a.m., May 20, 2002 PLACE: Room 116, Larson Building, 200 E. Gaines Street,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Ron Gay, Senior Tax Specialist,Technical Assistance and Dispute Resolution, Department ofRevenue, P. O. Box 7443, Tallahassee, Florida 32314-7443,telephone (850)922-4723NOTICE UNDER THE AMERICANS WITH DISABILITIESACT: Any person requiring special accommodations toparticipate in any proceeding before the Technical Assistanceand Dispute Resolution Office is asked to advise theDepartment at least five (5) calendar days before suchproceeding by contacting Jamie Phillips at (850)488-0717. Ifyou are hearing or speech impaired, please contact theDepartment using the Florida Relay Service, which can bereached at (800)955-8770 (Voice) and (800)955-8771 (TDD).


12A-17.001 Scope of Rules.(1) through (2) No change.



(3) All Department action regarding the denial ofapplications for issuance of, and the revocation, restriction, orsuspension of, certificates of registration under this rule, shallbe governed by ss. 120.569, 120.57, and 120.60, F.S.

(4) The applicable provisions of the Uniform Rules ofProcedure, Chapters 28-101 through 28-110, F.A.C., shall bethe rules of procedure in all department action regarding thedenial of applications for issuance, and the revocation,restriction or suspension of a certificate of registration, forsecondhand dealers and secondary metals recyclers, except asspecifically provided for otherwise herein and in Rule 12-3,F.A.C.Specific Authority 212.17(6), 212.18(2), 213.06(1) FS. Law Implemented538.022, 538.03, 538.09, 538.11, 538.15, 538.18, 538.22, 538.25, 538.26 FS.His tory–New 3-15-90, Amended 11-14-91,________.

12A-17.002 Definitions. Specific Authority 212.17(6), 212.18(2), 213.06(1), 538.03, 538.11 FS. LawImplemented 212.02(15), 538.18 FS. History–New 3-15-90, Amended11-14-91, 4-18-93, 10-18-93, Repealed________.

12A-17.003 Registration; Procedures, Requirements.(1)(a) Any person, corporation, or other business entity

shall file an Application for Secondhand Dealer or SecondaryMetals Recycler Registration (form Form DR-1S, incorporatedby reference in Rule 12A-17.005, F.A.C.) and be issued asecondhand dealer or secondary metals recycler certificate ofregistration before engaging in business as a secondhand dealeror secondary metals recycler. One Application for SecondhandDealer or Secondary Metals Recycler Registration (FormDR-1S), is required shall be filed for each dealer. If a dealer isengaged in business as a secondhand dealer and a secondarymetals recycler, a separate Application for Secondhand Dealeror Secondary Metals Recycler Registration (Form DR-1S)must be filed for each type of business. If a secondhand dealeror secondary metals recycler is the owner of more than onebusiness location, the application must list each locationowned by the same legal entity. The Department will issue aduplicate Certificate of Registration for each location.

(b) An applicant must be a natural person 18 years of ageor older, or a corporation organized or qualified to do businessin the state.

1. If the applicant is a partnership, all of the partners mustmake separate application for registration.

2. If the applicant is a joint venture, association, or othernon-corporate entity, all members of the joint venture,association, or other non-corporate entity must make separateapplication for registration.

3. If the applicant is a corporation, the registration mustinclude the name and address of the corporation's registeredagent for service of process in the state.

(c)1.a. The Department, upon approval of the application,will issue a duplicate Certificate of Registration (FormDR-11S, incorporated by reference in Rule 12A-17.005,F.A.C.), for each location.

b. The Department may issue a Temporary Certificate ofRegistration to each location pending completion of thebackground check by state and federal law enforcementagencies. The Department shall revoke a temporaryregistration if the completed background check reveals aprohibited criminal background.

(b)2. The Certificate of Registration shall not beassignable, and shall be valid only for the person, firm,co-partnership, or corporation to which issued. The certificateshall be displayed conspicuously at all times in the business forwhich it is issued.

(c)3. Engaging in business as a secondhand dealer orsecondary metals recycler without first obtaining a Certificateof Registration (Form DR-11S) or after such Certificate ofRegistration has been revoked or suspended by the Departmentis prohibited.

(2) The effective date of the Certificate of Registration(Form DR-11S) shall be the postmark date of the Applicationfor Secondhand Dealer or Secondary Metals RecyclerRegistration (Form DR-1S), if mailed, or the date received bythe Department, if delivered by means other than mail.

(3)(a) Each Application for Secondhand Dealer ofSecondary Metals Recycler Registration (Form DR-1S) shallbe accompanied by a registration fee that is equal to the federaland state costs for processing required fingerprints, as billed bythe Florida Department of Law Enforcement to the Departmentof Revenue, which are subject to change from time to time.The applicant shall also pay a fee of $6 for each locationowned by the same legal entity at the time of registration.

(b) Any person who desires to obtain information on thecost of the registration fee may contact the Department ofRevenue, Central Registration, at (850) 488-4772 and, for thehearing or speech impaired, TDD at 1-800-367-8331. Awritten request may be mailed to the following address:

Department of RevenueCentral RegistrationP. O. Box 2096Tallahassee, Florida 32316-2096.(4)(a) Except as provided in paragraph (b) each applicant

shall submit with each Application for Secondhand Dealer orSecondary Metals Recycler Registration (Form DR-1S):

1. A complete set of the applicant's fingerprints, certifiedby an authorized law enforcement officer; and

2. A photocopy of a recent fullface photographic personalidentification card of the applicant.

(b) If the applicant is a corporation, the applicant shallsubmit with each Application for Secondhand Dealer orSecondary Metals Recycler Registration (Form DR-1S):

1. A certified copy of statement from the Florida Secretaryof State, Bureau of Corporate Records, Tallahassee, Florida,that the corporation is organized in the state; or



2. If the corporation is organized in a state other thanFlorida, a certified copy of statement from the FloridaSecretary of State, Bureau of Corporate Records, Tallahassee,Florida, that the corporation is qualified to do business in thisstate.

(3)(5) Each person who holds a Certificate of Registration(Form DR-11S) shall annually file an Application for Renewalof Secondhand Dealer or Secondary Metals RecyclerRegistration (form Form DR-1SR, incorporated by reference inRule 12A-17.005, F.A.C.) and pay an annual renewal fee of $6per location. Each renewal fee is payable on October 1 of eachyear.Specific Authority 212.17(6), 212.18(2), 213.06(1), 538.11 FS. LawImplemented 212.17(4), 538.09, 538.11, 538.25, 538.26 FS. History–New3-15-90, Amended 11-14-91, 4-18-93, 10-18-93, 10-17-94,3-20-96,_________.

(Substantial Rewording of Rule 12A-17.004 follows. SeeFlorida Administrative Code for present text.)

12A-17.004 Denial, Fines; Suspension, or Revocation ofRegistration.

(1) The Department may deny an applicant for registrationas a secondhand dealer or revoke, restrict, or suspend aCertificate of Registration, as provided in s. 538.09(5), F.S.The Department may deny an applicant for registration as asecondary metals recycler or revoke, restrict, or suspend aCertificate of Registration, as provided in s. 538.25(4) and (5),F.S.

(2) Pursuant to the requirements of s. 120.60, F.S., theDepartment will notify an applicant for registration as asecondhand dealer who fails to meet the requirements ofs. 538.09, F.S., or an applicant for registration as a secondarymetals recycler who fails to meet the requirements of s. 538.25,F.S., when it intends to deny the application for registration byissuing a Notice of Intent to Deny. The Notice of Intent toDeny notifies the applicant of the Department’s intendedaction and the facts and legal authority that support theintended action.

(3) Pursuant to the requirements of s. 120.60, F.S., theDepartment will commence the revocation, restriction, orsuspension of a secondhand dealer’s or secondary metalsrecycler’s Certificate of Registration by issuing the dealer orrecycler and its respective business associates anAdministrative Complaint. The Administrative Compliantnotifies the dealer or recycler and the respective associates ofthe Department’s intended action and the facts and legalauthority that support the intended action.

(4)(a) In order to challenge the denial of an application forregistration, or the revocation, restriction, or suspension of aCertificate of Registration as a secondhand dealer or secondarymetals recycler, the applicant receiving a Notice of Intent toDeny or a dealer or recycler receiving an Administrative

Complaint must request an administrative hearing under theprovisions of ss. 120.569 and 120.57, F.S., pursuant to RuleChapter 28-106, F.A.C.

(b) The Request for Hearing must contain the informationprovided in Rule Chapter 28-104, F.A.C., and must bedelivered to:

Office of the General CounselDepartment of Revenue501 South Calhoun StreetPost Office Box 6668Tallahassee, Florida 32314-6668.

Specific Authority 120.53(1)(b), 212.17(6), 212.18(2), 213.06(1), 538.11 FS.Law Implemented 538.09, 538.25 FS. History–New 3-15-90, Amended11-14-91, 4-18-93, 3-20-96,________.

12A-17.005 Public Use Forms Used by Public.The In addition to the forms prescribed in Chapter 12A-1,F.A.C., the following public-use forms and instructions areemployed by the Department in its dealings with the public inadministering Ch. 538, F.S., and are incorporated by referencein this rule. Copies of these forms are available, without cost,by one or more of the following methods: 1) writing theFlorida Department of Revenue, Forms Distribution Center,168 Blountstown Highway, Tallahassee, Florida 32304; or 2)faxing the Forms Distribution Center at (850)922-2208850-922-2208; or 3) using a fax machine telephone handset tocall the Department's automated Fax On Demand system at(850)922-3676 850-922-3676; or 4) visiting any localDepartment of Revenue Service Center to personally obtain acopy; or 5) calling the Forms Request Line during regularoffice hours at (800)352-3671 800-352-3671 (in Florida only)or (850)488-6800 850-488-6800; or 6) downloading selectedforms from the Department's Internet site at the address showninside the parentheses (http://www.myflorida.comsun6.dms.state.fl.us/dor/). Persons with hearing or speechimpairments may call the Department's TDD at (800)367-83311-800-367-8331.Form Number Title Effective

Date(1) DR-1S Application for Secondhand

Dealer or Secondary MetalsRecycler Registration(R. 09/00 07/94) ___ 10/94

(2) DR-11S Certificate of RegistrationIssued Pursuant to Chapter538, Florida Statutes (R. 10/91) 10/91

(2)(3) DR-1SR Renewal Application forRenewal of SecondhandDealer or Secondary Metals Recycler Registration(R. 08/00 03/93) ___ 03/93



Specific Authority 212.17(6), 212.18(2), 213.06(1), 538.11 FS. LawImplemented 212.17(6), 212.18(2), 213.06(1), 538.09, 538.11, 538.25 FS.His tory–New 3-15-90, Amended 11-14-91, 4-18-93, 10-17-94,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Ronald Gay, Senior Tax Specialist, Technical Assistance andDispute Resolution, Department of Revenue, P. O. Box 7443,Tallahassee, Florida 32314-7443, telephone (850)922-9407NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Charles B. Strausser, RevenueProgram Administrator I, Technical Assistance and DisputeResolution, P. O. Box 7443, Tallahassee, Florida 32314-7443;telephone number (850)488-4723DATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 11, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: The proposed rule amendments werenoticed for a Rule Development Workshop in the FloridaAdministrative Weekly on January 18, 2002 (Vol. 28, No. 3,pp. 144-147). A rule development workshop was held onFebruary 5, 2002, in Room 116, Larson Building, 200 E.Gaines Street, Tallahassee, Florida, commencing at 10:00 a.m.and concluding at 10:15 a.m. No one appeared to providecomment regarding these proposed rule changes. No writtencomments have been received by the Department.

DEPARTMENT OF REVENUEMiscellaneous TaxRULE TITLES: RULE NOS.:Premium Tax; Rate and Computation 12B-8.001Tax Statement; Overpayments 12B-8.003PURPOSE AND EFFECT: The purpose of the proposedamendments to Rule 12B-8.001, F.A.C. (Premium Tax; Rateand Computation), is to implement s. 32, Chapter 2000-201,L.O.F., which amends the provisions of s. 624.5105, F.S.,regarding the community contribution tax credit against theinsurance premium tax.The purpose of the proposed amendments to Rule 12B-8.003,F.A.C. (Tax Statement; Overpayments), is to adopt changes toforms, and adopt newly created forms, used by the Departmentin the administration of the insurance premium tax. SUMMARY: The proposed amendments to Rule 12B-8.001,F.A.C. (Premium Tax; Rate and Computation), remove therequirement to provide with the applicable return a schedule ofthe computation of carryover of the community contributiontax credit.The proposed amendments to Rule 12B-8.003, F.A.C. (TaxStatement; Overpayments), incorporate by reference changesto forms, and newly created forms, used by the Department inthe administration of the insurance premium tax. SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: Since these proposed ruleamendments to these rule sections in Rule Chapter 12B-8,

F.A.C., only implement statutory provisions, no newregulatory costs are being created. Therefore, no statement ofestimated regulatory costs has been prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative, must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: 213.06(1), 220.183(6), 624.5105(6)FS.LAW IMPLEMENTED: 175.101, 175.121, 175.141,185.08(3), 185.10, 185.12, 213.05, 213.235, 213.37,220.183(3), 624.4621, 624.475, 624.509, 624.5091, 624.5092,624.510, 624.5105, 624.511, 624.518, 624.519, 624.520(2),626.7451(11), 627.3512, 627.357(9), 628.6015, 629.5011,634.131, 634.313(2), 634.415(2) FS.A HEARING WILL BE HELD AT THE TIME, DATE ANDPLACE SHOWN BELOW:TIME AND DATE: 11:00 a.m., May 20, 2002PLACE: Room 116, Larson Building, 200 E. Gaines Street,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Robert DuCasse, Tax Law Specialist,Technical Assistance and Dispute Resolution, Department ofRevenue, P. O. Box 7443, Tallahassee, Florida 32314-7443,telephone (850)922-4715NOTICE UNDER THE AMERICANS WITH DISABILITIESACT: Any person requiring special accommodations toparticipate in any proceeding before the Technical Assistanceand Dispute Resolution Office is asked to advise theDepartment at least five (5) calendar days before suchproceeding by contacting Jamie Phillips at (850)488-0717. Ifyou are hearing or speech impaired, please contact theDepartment using the Florida Relay Service, which can bereached at (800)955-8770 (Voice) and (800)955-8771 (TDD).


12B-8.001 Premium Tax; Rate and Computation.(1) through (2) No change.(3) Credits Against the Tax.(a) through (c) No change.(d) Community Contribution Tax Credit.1. through 2. No change.3. Carryovers of Community Contribution Tax Credit.a. If a credit granted in a tax year exceeds the tax liability

for that year, the unused credit may be carried forward for aperiod not to exceed 5 years.

b. The community contribution tax credit carryover, whichis created in a given year because of an annual contribution,may not exceed the annual $200,000 credit limitation.However, the total carryover for all years may be greater than$200,000.



c. If applicable, a schedule of the computation of anycarryover of the credit, as prescribed by s. 220.183(3)(e), F.S.,shall be included with the return.

4. through 5. No change.(4) through (9) No change.

Specific Authority 213.06(1), 220.183(6), 624.5105(6) F.S. Law Implemented175.101, 175.121, 175.141, 185.08(3), 185.10, 185.12, 213.05, 213.235,220.183(3), 624.4621, 624.475, 624.509, 624.5092, 624.510, 624.5105,624.519, 624.520(2), 626.7451(11), 627.3512, 627.357(9), 628.6015,629.5011, 634.131, 634.313(2), 634.415(2) FS. His tory–New 2-3-80,Formerly 12B-8.01, Amended 3-25-90, 4-10-91, 2-18-93, 6-16-94, 10-19-94,1-2-96, 12-9-97, 6-2-98, 4-2-00, 10-15-01,_______.

12B-8.003 Tax Statement; Overpayments.(1) Tax returns and reports shall be made by insurers on

forms prescribed by the Department. These forms are herebyincorporated by reference in this rule. The Departmentprescribes Form DR-907, Florida Department of RevenueInsurance Premium Installment Payment, dated January 2001,and Form DR-908, Florida Department of Revenue InsurancePremium Taxes and Fees Tax Return, dated January 2001, andaccompanying instructions as the forms to be used for thepurpose of this chapter and hereby incorporates these forms byreference.

(2) through (4) No change.Form Number Title Effective

Date(5)(a) DR-907 Florida Department of

Revenue Insurance PremiumInstallment Payment (R. 01/02) _____

(b) DR-907N Information for Filing InsurancePremium Installment Payment(Form DR-907) (R. 01/02) _____

(6)(a) DR-908 Insurance Premium Taxesand Fees Return CalendarYear-2001 – Due March 1,2002 (R. 01/02) _____

(b) DR-908N Instructions for PreparingForm DR-908 FloridaInsurance Premium Taxesand Fees Return (R. 01/02) _____

(7) DR-350900 2001 Insurance PremiumTax Information for Schedules XII and XIII,DR-908 (R. 01/02) _____

Specific Authority 213.06(1) F.S. Law Implemented 213.05, 213.37,624.5092, 624.511, 624.518 FS. History–New 2-3-80, Formerly 12B-8.03,Amended 3-25-90, 3-10-91, 2-18-93, 6-16-94, 12-9-97, 3-23-98, 7-1-99,10-15-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Robert DuCasse, Tax Law Specialist, Technical Assistanceand Dispute Resolution, Department of Revenue, P. O. Box7443, Tallahassee, Florida 32314-7443, telephone(850)922-4715

NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Rodney Felix, Revenue ProgramAdministrator I, Technical Assistance and Dispute Resolution,P. O. Box 7443, Tallahassee, Florida 32314-7443; telephonenumber (850)922-4111DATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 11, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: The proposed rule amendments werenoticed for a Rule Development Workshop in the FloridaAdministrative Weekly on November 30, 2001 (Vol. 27, No.48, pp. 5593-5594). A rule development workshop was held onDecember 18, 2002, in Room 116, Larson Building, 200 E.Gaines Street, Tallahassee, Florida. No one appeared toprovide comments regarding these proposed rule changes. Nowritten comments have been received by the Department.

DEPARTMENT OF REVENUECorporate Income TaxRULE TITLES: RULE NOS.:Enterprise Zone Program 12C-1.0188Forms 12C-1.051PURPOSE AND EFFECT: The purpose of the proposedamendments to Rule 12C-1.0188, F.A.C. (Enterprise ZoneProgram), is to implement ss. 6 and 7, Chapter 2000-201,L.O.F., which revises the computation of the enterprise zonejobs credit against the corporate income tax for employeeshired after October 1, 2001.The purpose of the proposed amendments to Rule 12C-1.051,F.A.C. (Forms), is to: (1) remove the incorporation of obsoleteor unnecessary forms; and (2) incorporate changes to forms,and new forms, used by the Department in the administrationof the corporate income tax.SUMMARY: The proposed amendments to Rule 12C-1.0188,F.A.C. (Enterprise Zone Program): (1) provide that formF-1156, Florida Enterprise Zone Jobs Credit Certificate ofEligibility for Corporate Income Tax Effective January 1,2002, is used by the Department to administer the enterprisezone jobs credit against the corporate income tax foremployees hired after October 1, 2001; and (2) providesguidelines on how to claim the enterprise zone jobs creditagainst the corporate income tax.The proposed amendments to Rule 12C-1.051, F.A.C. (Forms):(1) adopt new forms and changes to forms used by theDepartment in the administration of the corporate income tax;(2) remove the incorporation of obsolete forms F-1120FA,F-1150, F-1155, and F-1157Z that are no longer used by theDepartment; (3) remove the unnecessary incorporation of formF-1120A (Flats), a form identical to form F-1120A; and (4)remove the adoption of form DR-835, Power of Attorney,which will be incorporated by reference in Rule Chapter 12-6,F.A.C.



SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: Since these proposed ruleamendments to these rule sections in Rule Chapter 12C-1,F.A.C., only implement statutory provisions, no newregulatory costs are being created. Therefore, no statement ofestimated regulatory costs has been prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative, must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: 213.06(1), 220.182(8),220.183(6)(d), 220.51 FS.LAW IMPLEMENTED: 120.55(1)(a)4., 213.05, 213.35,220.03(1), 220.11, 220.12, 220.13(1), (2), 220.131, 220.14,220.15, 220.16, 220.181, 220.182, 220.183, 220.184,220.1845, 220.185, 220.186, 220.1895, 220.19, 220.191,220.21, 220.211, 220.22, 220.221, 220.222, 220.23, 220.24,220.241, 220.31, 220.32, 220.33, 220.34, 220.41, 220.42,220.43, 220.44, 220.51, 220.721, 220.723, 220.725, 220.737,220.801, 220.803, 220.805, 220.807, 220.809, 221.04,290.0055, 290.0065, 290.009(1) FS.A HEARING WILL BE HELD AT THE TIME, DATE ANDPLACE SHOWN BELOW:TIME AND DATE: 11:00 a.m., May 20, 2002PLACE: Room 116, Larson Building, 200 E. Gaines Street,Tallahassee, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Suzanne Paul, Tax Law Specialist,Technical Assistance and Dispute Resolution, Department ofRevenue, P. O. Box 7443, Tallahassee, Florida 32314-7443,telephone (850)922-4733NOTICE UNDER THE AMERICANS WITH DISABILITIESACT: Any person requiring special accommodations toparticipate in any proceeding before the Technical Assistanceand Dispute Resolution Office is asked to advise theDepartment at least five (5) calendar days before suchproceeding by contacting Jamie Phillips at (850)488-0717. Ifyou are hearing or speech impaired, please contact theDepartment using the Florida Relay Service, which can bereached at (800)955-8770 (Voice) and (800)955-8771 (TDD).


12C-1.0188 Enterprise Zone Program.(1) Corporate Income Tax-Enterprise Zone Jobs Credit.(a) No change.(b)1. Forms Required. Taxpayers claiming the Enterprise

Zone Jobs Credit for employees hired on or before October 1,2001, must use Form F-1157Z, Florida Enterprise Zone JobsCredit Certificate of Eligibility for Corporate Income Tax(incorporated by reference in Rule 12C-1.051, F.A.C.), to

compute the allowable Enterprise Zone Jobs Credit amount.Form F-1157Z requires the signature of an officer, under oath,duly authorized to sign. The F-1157Z must be certified by theEnterprise Zone Development Agency, attached to a corporateincome tax return, and submitted to the Department ofRevenue.

2. Forms Required. Taxpayers claiming the EnterpriseZone Jobs Credit for employees hired after October 1, 2001,must use Form F-1156Z, Florida Enterprise Zone Jobs CreditCertificate of Eligibility for Corporate Income Tax-EffectiveJanuary 1, 2002 (incorporated by reference in Rule 12C-1.051,F.A.C.), to compute the allowable Enterprise Zone Jobs Creditamount. Form F-1156Z requires the signature of an officer,under oath, duly authorized to sign. The F-1156Z must becertified by the Enterprise Zone Development Agency,attached to a corporate income tax return, and submitted to theDepartment of Revenue.

3.2. A copy of the certified F-1157 and F-1156Z specifiedin Rule 12C-1.0188(1)(a), F.A.C., above, must be forwarded tothe Florida Department of Revenue, General TaxAdministration, 5050 West Tennessee Street, Tallahassee,Florida 32399-0100, by the Enterprise Zone DevelopmentAgency.

(2) through (5) No change.Specific Authority 213.06(1), 220.182(8), 220.183(6)(d), 220.51 FS. LawImplemented 213.05, 213.35, 220.03(1), 220.131, 220.181, 220.182, 220.183,220.44, 290.0055, 290.0065, 290.009(1) FS. His tory–New 1-3-96,Amended________.

12C-1.051 Forms.(1)(a) The Department of Revenue adopts, and hereby

incorporates by reference in this rule, the following forms andinstructions are used by the Department in its administration ofthe corporate income tax and franchise tax.: These forms arehereby incorporated by reference in this rule.

(b) Copies of these forms are available, without cost, byone or more of the following methods: (1) writing the FloridaDepartment of Revenue, Forms Distribution Center, 168Blountstown Highway, Tallahassee, Florida 32304; or, 2)faxing the Forms Distribution Center at (850)922-2208; or, 3)using a fax machine telephone handset to call the Department’sautomated Fax On Demand system at (850)922-3676; or, 4)visiting any local Department of Revenue Service Center topersonally obtain a copy; or, 5) calling the Forms Request Lineduring regular office hours at (800)352-3671 (in Florida only)or (850)488-6800; or, 6) downloading selected forms from theDepartment’s Internet site at the address shown inside theparentheses (http://myflorida.com/dor/). Persons with hearingor speech impairments may call the Department’s TDD at(800)367-8331.




(2)(1) No change.(2) DR-835 Power of Attorney (r. 01/97) 03/00(3) F-851 Corporate Income/Franchise

and Emergency ExciseTax Affiliations Schedule(r. 01/01 01/99) ____ 03/00

(4)(a) F-1065 Florida Partnership InformationReturn with Instructions,(r. 01/01 01/99) ____ 03/00

(b) F-1065N Instructions for Preparing FormF-1065 Florida PartnershipInformation Return (r. 01/01) ____

(5) F-1120A Florida Corporate Short FormIncome Tax Return(r. 01/02 01/01) ____ 06/01

(6) F-1120A(Flats) Florida Corporate Short FormIncome Tax Return (N. 01/99) 03/00

(6)(a)(7) F-1120 Florida Corporate Income/Franchise and Emergency ExciseTax Return (r. 01/02 01/01) ____ 06/01

(b)(8) F-1120N F-1120 Instructions-CorporateIncome/Franchise and EmergencyExcise Tax Return for taxableyears beginning on or afterJanuary 1, 2001 2000(r. 01/02 01/01) ____ 06/01

(7)(9) F-1120ES Declaration/Installment ofFlorida Estimate IncomeFranchise and/or EmergencyExcise Tax for Taxable Yearbeginning on or after January 1,2002 2000 (Installment 1, 2, 3,4) (r. 01/02 01/01) ____ 06/01

(10) F-1120FA Forms Requisition (r. 01/99) 03/00(8)(11) F-1120P Payment Coupon (r. 01/02

01/01) ____ 06/01(9)(a)(12) F-1120X Amended Florida Corporate

Income/Franchise andEmergency Excise Tax Return(R. 01/02 r. 01/01) ____ 06/01

(b) F-1120XN General Instructions for FilingF-1120X (R. 01/02)

(10)(13) Form F-1122 Authorization and Consentof Subsidiary Corporation tobe Included in a ConsolidatedIncome and Emergency ExciseTax Return (r. 01/01 01/99) ____ 03/00

(14) F-1150 Computation of InstallmentSales Income Adjustment(r. 01/99) 03/00

(15) F-1155 Computation of LongTerm Contract Adjustment(r. 01/99) 03/00

(16) F-1156 Gasohol Development Tax Incentive Credit (r. 01/95) 03/96

(11)(a) F-1156Z Florida Enterprise Zone JobsCredit Certificate of Eligibilityfor Corporate Income TaxEffective January 1, 2002(N. 01/02)

(b) F-1156ZN Instructions for CompletingForm F-1156Z FloridaEnterprise Zone Jobs CreditCertificate of Eligibility forCorporate Income TaxEffective January 1, 2002(N. 01/02)

(12)(17) No change.(13)(a)(18) F-1158 Enterprise Zone Property Tax

Credit (r. 01/00 07/98) ____ 03/00(b) F-1158N Instructions for Form F-1158

Enterprise Zone Property TaxCredit (R. 01/00) ____

(14)(a)(19) F-1158Z Enterprise Zone Property TaxCredit-Effective July 1, 1995(r. 01/00 07/98) ____ 03/00

(b) F-1158ZN Instructions for Form F-1158Z(Effective July 1, 1995)Enterprise Zone Property TaxCredit (R. 01/00) ____

(15)(a)(20) F-1159 Application for Child Care TaxCredits (r. 10/01 N. 12/98) ____ 03/00

(b) F-1159N Instructions for Filing F-1159(R. 10/01) ____

(16) F-1160 Application for CorporateIncome Tax Credit forContributions to NonprofitScholarship FundingOrganizations (N. 01/02) ____

(17)(21) F-2220 Underpayment of EstimatedTax on Florida CorporateIncome/,Franchise andEmergency Excise Tax(R.01/02 r. 01/99) ____ 03/00

(18)(22) F-7004 Florida Tentative Income/Franchise and/or EmergencyExcise Tax Return and/orApplication for Extensionof Time to File Return (r. 01/0201/01) ____ 06/01



Copies of these forms are available by: 1) writing the FloridaDepartment of Revenue, Forms Distribution Center, 168Blountstown Highway, Tallahassee, Florida 32304; or, 2)faxing the Forms Distribution Center at (850)922-2208; or, 3)using a fax machine telephone handset to call the Department’sautomated Fax On Demand system at (850)922-3676; or, 4)visiting any local Department of Revenue Service Center topersonally obtain a copy; or, 5) calling the Forms Request Lineduring regular office hours at (800)352-3671 (in Florida only)or (850)488-6800; or, 6) downloading selected forms from theDepartment’s Internet site at the address shown inside theparentheses (http://myflorida.com/dor/). Persons with hearingor speech impairments may call the Department’s TDD at(800)367-8331.Specific Authority 213.06(1), 220.51 FS. Law Implemented 120.55(1)(a)4.,220.11, 220.12, 220.13(1), (2), 220.14, 220.15, 220.16, 220.181, 220.182,220.183, 220.184, 220.1845, 220.185, 220.186, 220.1895, 220.19, 220.191,220.21, 220.211, 220.22, 220.221, 220.222, 220.23, 220.24, 220.241, 220.31,220.32, 220.33, 220.34, 220.41, 220.42, 220.43, 220.44, 220.51, 220.721,220.723, 220.725, 220.737, 220.801, 220.803, 220.805, 220.807, 220.809,221.04 FS. History–New 9-26-77, Amended 12-18-83, Formerly 12C-1.51,Amended 12-21-88, 12-31-89, 1-31-91, 4-8-92, 12-7-92, 1-3-96, 3-18-96,3-13-00, 6-19-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Suzanne Paul, Tax Law Specialist, Technical Assistance andDispute Resolution, Department of Revenue, P. O. Box 7443,Tallahassee, Florida 32314-7443, telephone (850)922-4733NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Rodney Felix, Revenue ProgramAdministrator I, Technical Assistance and Dispute Resolution,P. O. Box 7443, Tallahassee, Florida 32314-7443; telephonenumber (850)922-4111DATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 11, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: The proposed rule amendments werenoticed for a rule development workshop in the FloridaAdministrative Weekly on November 30, 2001 (Vol. 27, No.48, pp. 5600-5601). A rule development workshop was held onDecember 18, 2001, in Room 116, Larson Building, 200 E.Gaines Street, Tallahassee, Florida. No one appeared toprovide comments regarding these proposed rule changes. Nowritten comments have been received by the Department.

DEPARTMENT OF CORRECTIONSRULE TITLE: RULE NO.:Inmate Substance Abuse Testing 33-108.101PURPOSE AND EFFECT: The purpose and effect of theproposed rule is to clarify procedures and requirements forinmate substance abuse testing.SUMMARY: The proposed rule clarifies circumstances underwhich inmates will be allowed additional time in which toprovide a urine sample for drug testing, and clarifiesdefinitions of terms associated with inmate substance abusetesting.

SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: None.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: 944.09, 944.472, 944.473 FS.LAW IMPLEMENTED: 944.09, 944.472, 944.473 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Perri King Dale, Office of the GeneralCounsel, Department of Corrections, 2601 Blair Stone Road,Tallahassee, Florida 32399-2500


33-108.101 Inmate Substance Abuse Testing.The Office of the Inspector General shall be responsible for thedevelopment and implementation of the department’ssubstance abuse testing program.

(1) Definitions.(a) through (f) No change.(g) Bashful Bladder (Avoidant Paruresis)- is a documented

medical condition that prevents a person from urinating in thepresence of another person or in a public facility.

(2) The Department of Corrections conducts the followingtypes of inmate substance abuse testing:

(a) For-Cause or Reasonable Suspicion Testing.1. No change.2. For-cause drug testing (also referred to as reasonable

suspicion drug testing) means drug testing based on a beliefthat an inmate is using or has used drugs or alcohol based onspecific facts and reasonable inferences drawn from those factsin light of experience. Such facts and inferences shall be basedupon:

a. through b. No change.c. Evidence or intelligence reports indicating determined

to be of a reliable basis that an inmate has used, possessed,sold, solicited or transferred drugs or alcohol.

3. through 6. No change.(2)(b) through (3)(a) No change.(b) Specimen Collection Procedures.1. through 7. No change.8. An inmate who has not provided an adulterated urine

specimen and who indicates a claimed inability to provide anadequate urine specimen shall be detained in the presence ofthe tester or other designated person for a period not to exceed1 hour to provide an adequate specimen. During that time, theinmate shall be allowed to consume one cup (8 oz.) of water orother beverage every 1/2 hour, not to exceed a total of 2 cupsduring this time period and an Acknowledgement of Beverage



Form, DC1-823, shall be completed. Form DC1-823,Acknowledgement of Beverage Form, is incorporated byreference in Section (3)(g) of this rule. If after the 1 hourperiod an inmate still fails to submit a valid adequate urinespecimen, the inmate shall be considered to have refused toprovide a urine specimen and a disciplinary report shall beprepared in accordance with rules 33-601.301-601.314. If aninmate claims an inability to urinate due to a medical “bashfulbladder” condition, procedures set forth in (3)(c) shall apply.Forms DC1-823, Acknowledgement of Beverage Form, isincorporated by reference in Section (3)(g) of this rule.

9. through 12. No change.(c) “Bashful bladder” procedure. Upon notification from

an inmate that he is unable to urinate due to a medicalcondition “bashful bladder”, the officer shall verify withmedical staff that the inmate possesses a specific medicalcondition or is taking medication which inhibits the inmatefrom urinating within the designated time frame. Uponreceiving such verification, the inmate shall be given theopportunity to provide a urine specimen under the followingconditions:

1. through 6. No change.(d) through (g) No change.

Specific Authority 944.09, 944.472, 944.473 FS. Law Implemented 944.09,944.472, 944.473 FS. History–New 2-8-00, Amended 2-5-01, Formerly33-602.2045, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Fred SchuknechtNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Michael W. MooreDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 12, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: March 22, 2002

WATER MANAGEMENT DISTRICTSSt. Johns River Water Management DistrictRULE TITLE: RULE NO.:Agreements 40C-3.035PURPOSE AND EFFECT: The purpose of the proposed ruleamendments is to incorporate by reference the water wellpermitting delegation agreement between St. Johns RiverWater Management District and the Florida Department ofHealth, Putnam County Health Department.SUMMARY: The proposed rule amendment wouldincorporate by reference the District’s water well permittingdelegation agreement with the Florida Department of Health,Putnam County Health Department allowing for regulation ofwater well construction standards for wells less than six inchesin diameter, unless these wells are in a Chapter 62-524, F.A.C.,delineated area.

SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No statement of estimated regulatorycost has been prepared.Any person who wishes to provide information regarding astatement of estimated regulatory cost, or to provide a proposalfor a lower cost regulatory alternative, must do so within 21days of this notice.SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.LAW IMPLEMENTED: 373.046, 373.083, 373.309 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: Following the regularly scheduledGoverning Board Meeting which begins at 9:00 a.m., on June12, 2002PLACE: St. Johns River Water Management District, 4049Reid Street, Palatka, Florida 32177THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Norma Messer, Rules Coordinator,Office of General Counsel, St. Johns River Water ManagementDistrict, P. O. Box 1429, Palatka, Florida 32178-1429,(386)329-4459, Suncom 860-4459 or email [email protected]


40C-3.035 Agreements.The Governing Board hereby incorporates by reference thefollowing documents:

(1) through (11) No change.(12) An agreement between Florida Department of Health,

Putnam County Health Department and St. Johns River WaterManagement District regarding water well permitting dated(effective date).Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.046,373.083, 373.309 FS. History–New 10-14-84, Amended 12-5-85, Formerly40C -3.035, 40C-3.0035, Amended 1-8-96, 4-21-96, 7-21-96, 12-22-96,3-10-97, 1-3-00, 9-6-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Jennifer Springfield, Asst. General Counsel, St. Johns RiverWater Management District, P. O. Box 1429, Palatka, Florida32178-1429, (386)329-4347NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Governing Board of the St. JohnsRiver Water Management DistrictDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 9, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: April 19, 2002



If any person decides to appeal any decision with respect toany matter considered at the above listed public hearing, suchperson may need to ensure that a verbatim record of theproceeding is made to include testimony and evidence uponwhich the appeal is to be based.Anyone requiring special accommodation to participate in thismeeting is requested to advised the District at least 5 work daysbefore the meeting by contacting Ann Freeman at(386)329-4101, or (386)329-4450(TDD).

LAND AND WATER ADJUDICATORY COMMISSIONDouble Branch Community Development DistrictRULE CHAPTER TITLE: RULE CHAPTER NO.:Double Branch Community

Development District 42FF-1RULE TITLES: RULE NOS.:Establishment 42FF-1.001Boundary 42FF-1.002Supervisors 42FF-1.003PURPOSE, EFFECT AND SUMMARY: The purpose of thisproposed rule is to establish a community development district(CDD), the Double Branch Community Development District(“District”), pursuant to Chapter 190, F.S. The petition toestablish the District, filed by Oakleaf Plantation, L.L.C.(Petitioner), requests that the Florida Land and WaterAdjudicatory Commission establish by rule the Double BranchCDD. A Notice of Receipt of Petition for the Double BranchCDD was published in the March 1, 2002, edition of theFlorida Administrative Weekly. The land area proposed to beserved by the District will consist of approximately 1,203acres. All proposed lands in the District are within theboundaries of unincorporated Clay County. There are noout-parcels located within the external boundaries of the parcelof land to be included within the District. The future generaldistribution, location and extent of the public and private landuses under the Planned Unit Development designation (ClayCounty Comprehensive Plan) currently include commercial,single-family residential, multi-family residential, recreation,school, and library. The proposed land uses within the Districtare subject to the approved Villages of Argyle ForestDevelopment of Regional Impact Development Order. TheDistrict, if established, intends to participate in the constructionof certain road and entranceway improvements and to providecertain stormwater, utility and recreation improvements for thelands within the District.SPECIFIC AUTHORITY: 190.005 FS.LAW IMPLEMENTED: 190.004, 190.005 FS.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COSTS: The Petitioner has prepared aStatement of Estimated Regulatory Costs (SERC). Thecomplete text of the SERC is contained as Exhibit 11 to thepetition to establish the District. The Double BranchCommunity Development District is seeking authority to

participate in the construction of certain road and entrancewayimprovements as contemplated in the Villages of Argyle ForestDevelopment of Regional Impact (DRI) Development Order.The District is also expected to provide certain stormwater,utility and recreation improvements for the lands within theDistrict. The District intends to finance these infrastructureimprovements through special or non-ad valorem assessmentrevenue bonds. Repayment of those bonds will be throughspecial non-ad valorem assessments levied against allbenefitted properties within the District. The current and futureproperty owner will be responsible for payment of theseassessments on the basis of the amount of benefitted propertyowned. In exchange for payment of these special assessments,there are substantial potential benefits to be derived by thefuture property owners. The cost of implementing this rule tounincorporated Clay County, its residents and to all applicablestate agencies for processing the documents is nominal. ClayCounty was paid a $15,000.00 processing fee to offset the costof review of the petition to establish the District.Administrative costs will be incurred by the Florida Land andWater Adjudicatory Commission, the Division ofAdministrative Hearings, the Bureau of Local GovernmentFinance/Office of the Comptroller, and the Florida Departmentof Community Affairs. Other than administrative costs, nocosts will be incurred by the State of Florida or the generalcitizenry from the establishment or operations of the District.The impact of District establishment and function oncompetition and the employment market is marginal andgenerally positive, as is the impact on small business. None ofthe reasonable public or private alternatives, including anassessment of less costly and less intrusive methods and ofprobable costs and benefits of not adopting the rule, is aseconomically viable as establishing the District. Creation ofthe District should not have a negative impact on smallcounties because Clay County is not a “small county” definedby Section 120.52, F.S. Analysis provided by the SERC isbased on a straightforward application of economic theory,especially as it relates to tracking the incidence of regulatorycosts and benefits. Inputs were received from the Developer’sEngineer and other professionals associated with theDeveloper.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative, must do so inwriting within 21 days of this notice.IF REQUESTED WITHIN (21) DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 1:00 p.m., Monday, May 20, 2002PLACE: Room 1703G, The Capitol, Tallahassee, Florida



Any person requiring a special accommodation to participatein the workshop because of a disability should contact BarbaraLeighty, (850)487-1884, at least 2 business days in advance tomake appropriate arrangements.COPIES OF THE PROPOSED RULE AND ESTIMATEDREGULATORY COSTS STATEMENT MAY BEOBTAINED BY CONTACTING: Cheryl G. Stuart, HoppingGreen & Sams, P.A., Post Office Box 6526, Tallahassee,Florida 32314, telephone (850)222-7500 or Barbara Leighty,Senior Governmental Analyst, Florida Land and WaterAdjudicatory Commission, The Capitol, Room 1801,Tallahassee, Florida 32399-0001, telephone (850)487-1884


DOUBLE BRANCH COMMUNITY DEVELOPMENTDISTRICT

42FF-1.001 Establishment.The Double Branch Community Development District ishereby established.Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS.His tory–New __________.

42FF-1.002 Boundary.The boundaries of the District are as follows:A parcel of land lying in the being part of Sections 4, 5, 6, 8and 9, Township 4 South, Range 25 East, Clay County,Florida, being more particularly described as follows:Commencing at the Northwest corner of said Section 4, alsobeing the Northeast corner of said Section 5; thence, on theWest line of said Section 4, South 00 degrees 10 minutes 14seconds East, 5.00 feet to the point of beginning; thence,parallel with and 5.0 feet South from the North line of saidSection 4, also being the line dividing Clay County and DuvalCounty, and the North line of said Township 4 South, North 89degrees 50 minutes 04 seconds East, 2039.14 feet to the Westline of Deerfield Pointe, as recorded in Plat Book 22, Pages 62through 65, of the public records of said Clay County; thence,on said West line, South 00 degrees 20 minutes 13 secondsWest, 1354.17 feet to the South line of said Deerfield Pointe;thence, on said South line, North 89 degrees 51 minutes 50seconds East, 675.62 feet to the West line of Spencer’sCrossing Unit 1, as recorded in Plat Book 18, Pages 18 through22, of said public records; thence, on said West line, the Westline of Spencer’s Crossing Unit 5, as recorded in Plat Book 27,Pages 19 through 22, the West line of Sweetbriar, as recordedin Plat Book 32, Pages 61 through 64, the West line of landsrecorded in Official Records Book 1603, Page 1212, and theWest line of a 20 foot right-of-way recorded in OfficialRecords Book 1603, Page 1220, all being recorded in thepublic records of said county, said line also being the East lineof the Southeast quarter of the Northwest quarter and theSouthwest quarter of said Section 4, South 00 degrees 31minutes 32 seconds West, 4050.46 feet to the South line of saidSection 4; thence, on said South line, North 89 degrees 51

minutes 57 seconds West, 662.62 feet to the West line of landsdescribed in Official Records Book 1603, page 1212, of saidpublic records, also being the East line of the West half of theNortheast quarter of the Northwest quarter of said Section 9;thence, on last said line, South 00 degrees 11 minutes 52seconds East, 1388.96 feet to the South line of said Northeastquarter of the Northwest quarter of said Section 9; thence, onsaid South line, South 89 degrees 09 minutes 05 seconds West,662.36 feet to the East line of the Southwest quarter of theNorthwest quarter of said Section 9; thence, on said East line,South 00 degrees 21 minutes 15 seconds East, 699.95 feet tothe South line of the North half of the Southwest quarter of theNorthwest quarter of said Section 9; thence, on said South line,South 88 degrees 36 minutes 38 seconds West, 1327.66 feet tothe West line of said Section 9, also being the East line of saidSection 8; thence, on the South line of the North half of theSoutheast quarter of the Northeast quarter of said Section 8,North 88 degrees 34 minutes 52 seconds West, 1335.51 feet tothe East line of the Southwest quarter of the Northeast quarterof said Section 8; thence, on said East line, South 00 degrees10 minutes 48 seconds East, 700.93 feet to the South line ofsaid Southwest quarter of the Northeast quarter of Section 8;thence, on said South line, North 88 degrees 09 minutes 42seconds West, 1156 feet, more or less, to the centerline of theNorth prong of Double Branch; thence, in a Northwesterlydirection, by and along said centerline and following themeanderings thereof, 12,053 feet, more or less, to a pointbearing South 89 degrees 49 minutes 27 seconds West from thepoint of beginning; thence, parallel with and 5.0 feet Southfrom the North line of said Section 5, North 89 degrees 49minutes 27 seconds East, 5043 feet, more or less, to the pointof beginning. said parcel containing 1203 acres, more or less.Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS.His tory–New__________.

42FF-1.003 Supervisors.The following five persons are designed as the initial membersof the Board of Supervisors: Donald P. Hinson, James T.O’Riley, Donald E. Brown, Charles W. Arnold, III, and GaryF. Hannon.Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS.His tory–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Teresa Tinker, Florida Land and Water AdjudicatoryCommission, Room 1801, The Capitol, Tallahassee, Florida32399-0001NAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Teresa Tinker, Florida Land andWater Adjudicatory CommissionDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 17, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: April 12, 2002



AGENCY FOR HEALTH CARE ADMINISTRATIONDivision of Managed Care and Health QualityRULE CHAPTER TITLE: RULE CHAPTER NO.: Minimum Standards for Home

Medical Equipment Providers 59A-25RULE TITLES: RULE NOS.:Definitions 59A-25.001Licensure Requirements 59A-25.002Scope of Services 59A-25.003Minimum Qualifications for Personnel 59A-25.004Compliance 59A-25.005PURPOSE AND EFFECT: The purpose of this rule is toupdate the rule, including rule reduction, languageclarification, and minor changes to conform to changes in theFlorida Statute.SUMMARY: The proposed rule amendment includes languagethat is added or changed to clarify that central service centersand distribution centers will be licensed; however, distributioncenters that receive orders from the central service center willnot be required to pay the $400 inspection fee since inspectionswill be done through the central service centers. Language isadded that patient and employee records, not stored at thelicensed distribution center, shall be made available to AHCAwithin 48 hours of the time of the survey. Reductions havebeen made in language to conform to changes in the FloridaStatutes regarding the deletion of abuse background screening.Language has been revised to clarify actions to be taken basedon survey findings. Classes for deficiencies have been addedfor the purpose of determining the severity of deficiencies andthe amounts of fines. The definition of a change of ownershiphas been deleted because the definition is already in the FloridaStatutes. Language regarding fining providers that submitrenewal applications late has been changed to conform to the90-day time frame established in the Florida Statutes. Theproposed rule reduces the amount of the surety bond to$25,000 from $50,000. Corporations with multiple licensedlocations will no longer need to resubmit proof of financialability to operate when applying for a license for an additionallocation.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No statement of estimated regulatorycost was prepared. Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 400.925, 400.93, 400.931, 400.932,400.933, 400.934, 400.935, 400.94, 400.95, 400.953, 400.965FS.LAW IMPLEMENTED: Part X of Chapter 400, 400.92-.965FS.

IF REQUESTED, WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW:TIME AND DATE: 10:00 a.m. – 12:00 noon, May 21, 2002PLACE: Agency for Health Care Administration, 2727 MahanDrive, Building 3, Conference Room C, Tallahassee, Florida,32308THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Jan Mills, Agency for Health CareAdministration, Home Care Unit, 2727 Mahan Drive, MailStop #34, Bldg. 1, Room 219, Tallahassee, FL 32308,(850)414-6010. Ms. Mills’ Email address [email protected].


59A-25.001 Definitions.(1) No change.(2) “Central Service Center” means the licensed premises

that is in charge of taking consumer orders, dispatching theorders to their distribution centers that provide home medicalequipment services, and maintaining patient and personnelrecords. The central service center is responsible for theoperation of its designated distribution centers. “Controllinginterest” means 51% or more of the interest in a company.

(3) Class I deficiency is any act, omission, or practice thatresults in a patient's death, disablement, or permanent injury, orplaces a patient at imminent risk of death, disablement, orpermanent injury. Upon finding a class I deficiency, the agencymay impose an administrative fine in the amount of $5,000 foreach occurrence and each day that the deficiency exists. Inaddition, the agency may immediately revoke the license, denythe renewal of a license or impose a moratorium on acceptingnew patients until the factors causing the deficiency have beencorrected. “Distribution centers” means those buildings that arenot located at the address of the home office site and areutilized to provide home medical equipment services.

(4) Class II deficiency is any act, omission, or practice thathas a direct adverse effect on the health, safety, or security of apatient. Upon finding a class II deficiency, the agency mayimpose an administrative fine in the amount of $1,000 for eachoccurrence and each day that the deficiency exists. In addition,the agency may revoke the license, deny the renewal of alicense or impose a moratorium on accepting new patients,until the deficiency has been corrected. “HME” means homemedical equipment.

(5) Class III deficiency is any act, omission, or practicethat has an indirect, adverse effect on the health, safety, orsecurity of a patient. Upon finding an uncorrected or repeatedclass III deficiency, the agency may impose an administrativefine not to exceed $500 for each occurrence and each day thatthe uncorrected or repeated deficiency exists. “Home office”means those buildings where the primary business site islocated.



(6) Class IV deficiency is any act, omission, or practicerelated to required reports, forms, or documents which does nothave the potential of negatively affecting patients. Theseviolations are of a type that the agency determines do notthreaten the health, safety, or security of patients. Upon findingan uncorrected or repeated class IV deficiency, the agency mayimpose an administrative fine not to exceed $200 for eachoccurrence and each day that the uncorrected or repeateddeficiency exists. “Life-supporting or life-sustaining device”,as defined in 21 Code of Federal Regulations part 860.3, meansa device that is essential to, or that yields information that isessential to, the restoration or continuation of a bodily functionimportant to the continuation of human life.

(7) Distribution centers means those licensed premises thatare not located at the address of the central service center butreceive orders from the central service center and are utilizedto provide home medical equipment services.

(8) HME means home medical equipment.(9) Life-supporting or life-sustaining device, as defined in

21 Code of Federal Regulations part 860.3, means a device thatis essential to, or that yields information that is essential to, therestoration or continuation of a bodily function important to thecontinuation of human life.Specific Authority 400.93, 400.931, 400.935 FS. Law Implemented Part X ofChapter 400, 400.92-.957 FS. History–New 6-4-00, Amended________.

59A-25.002 Licensure Requirements.(1)(a) through (e) No change.(f) Any buildings, that are not located at the licensed

central service center home office address, called shops,warehouses, distribution centers, or called by any other name,are required to have a license if that site location providesselection (via telephone, showroom or sales representative),delivery, set up, consumer instruction or and maintenance ofequipment.

(g) Central service centers must provide the names andlocations of all of their designated distribution centers on thelicensure application.

(h) Distribution centers must submit a separate licensureapplication and must specify the name of their central servicecenter on the application.

(i) Each licensed distribution center is required to meet allstandards for licensure but may be determined to meet thestandards through the activities of its designated central servicecenter as referenced in paragraph 59A-25.005(1)(b), F.A.C.

(2) No change.(3) Licensing fees:(a) Fees for initial licensure application and renewal will

be a $300 licensing fee and a $400 inspection fee for atwo-year license per location. Businesses with a central servicecenter having distribution sites are required to submit an

application and a $300 licensing fee for each location, but shallsubmit only one $400 inspection fee with the application of thecentral service center.

(b)1. through 4. No change. (c) The fee for an application package with rules, law,

forms and an instruction package is based on AHCA’s actualcost of postage plus the copying fee per page as authorized inChapter 119.07, F.S. The costs are rounded up to the nextwhole dollar. The documents and forms in the applicationpackage can be printed with no fee from the AHCA web site:www.fdhc.state.fl.us. $7.50 as referenced in Section400.931(15), F.S. Renewal application packages areautomatically sent out free of charge.

(4) Initial licensure application: An application for initiallicensure shall be made on forms prescribed by AHCA. Theapplication package contains the following forms that areincorporated by reference as part of this rule:

(a) Home Medical Equipment Provider Application forLicensure, form number AHCA 3110-1005; April, 2002March, 2000;

(b) through (d) No change.(e) Florida Abuse Hotline Information System

Background Check form number, AHCA 3110-0003, RevisedJuly, 1998; and,

(e)(f) No change.(f) Surety Bond, form number AHCA 3110-1008; May,

2001;These forms may be obtained through the AHCA Home CareUnit, 2727 Mahan Drive, Building 1, Tallahassee, Florida,32308. In addition to the application, the following informationmust be submitted:

(g) Initial applicants must demonstrate Demonstration offinancial ability to operate as referenced in Section 400.931(3),F.S., by submitting one of the following:

1. New providers must submit proof of a current $25,000$50,000 surety bond for each location to be licensed.Submission of a copy of a current Medicaid bond will satisfyas proof of financial ability to operate. Corporations that ownmultiple licensed HME locations will not be required toresubmit proof of financial ability to operate when applying fora license for an additional provider location.

2. Existing providers, with locations established prior to12/31/99, may submit proof of a current $50,000 surety bond(an additional surety bond is not necessary if the provideralready has one) or three current checking account statementsor the applicant’s most current annual report or the latestincome tax return for the applicant.

(h) Background screening:1. The general manager as defined in Section 400.925(7),

F.S., and the financial officer shall submit level 2 screeningdirectly to AHCA as referenced in Section 400.931(5)(a), F.S.



Level 2 screening consists of the Florida Department of LawEnforcement/FBI fingerprint screening and the Florida AbuseHotline Information System Background Check.

2. The general manager shall coordinate the submission oflevel 1 screening for all personnel who enter a consumer’shome, including contractors, hired on or after 7/1/99. Level 1screening is submitted directly to the Florida Department ofLaw Enforcement. and the Department of Children andFamilies. Level 1 screening consists of the submission ofFlorida Abuse Hotline Information System Background Checkto the local Department of Children and Families DistrictScreening coordinator and the submission of the criminalhistory check to the Florida Department of Law Enforcement.The cost of processing screening must be paid by the provideror by the employee that is screened. New employees may workon probationary status, once they have submitted therescreening documents as permitted in Chapter 435, F.S. Thegeneral manager shall submit a signed affidavit with eachinitial and renewal application affirming that direct andcontract personnel who enter the home in the capacity of theiremployment, have been screened for good moral character.

(i) Each licensed HME provider location must obtain andmaintain professional and commercial liability insurance of notless than $250,000 per claim as referenced in Section400.931(6), F.S. In case of contracted services, the contractorshall maintain liability insurance of not less than $250,000 perclaim. A corporation can provide a blanket policy, whichindicates that each of its licensed locations is insured under onepolicy, verifying not less than $250,000 per claim for eachlocation.

(j) No change.(5) Renewal application:(a) An application for renewal of licensure, with its forms

and attachments, is required. AHCA form number 3110-1005,April, 2002 March, 2000, incorporated by reference must besubmitted. AHCA will send out applications 120 to 150 daysprior to the expiration of the license. It is the responsibility ofthe HME provider to submit an application, within thespecified time frames, whether or not they receive separatenotification from AHCA of the impending expiration of thelicense.

(b) If AHCA has reason to believe a provider is financiallyunstable, the applicant must demonstrate financial ability tooperate by submitting proof of a current $25,000 $50,000surety bond as referenced in Section 400.931(3), F.S., beforethe license is renewed. Failure to pay any outstanding fines,unless the fine is being appealed, is an indicator of financialinstability and AHCA will ask the provider to demonstratefinancial ability to operate by submission of proof of a bondunless the provider pays the fine.

(6) Change of ownership: An application for a change ofownership, AHCA form number 3110-1005, April, 2002March, 2000, incorporated by reference, must be submitted per

the requirements in Section 400.931(9), F.S. Any change of51% or more of the controlling interest in an HME business,will require a change of ownership application and fee as statedin (3)(b) above. The application and additional informationnecessary to submit a change of ownership application is thesame as required for the initial licensure application with theaddition of the submission of closing documents. However, ifthe owners remain the same but the percentage of theirownership changes, then a letter regarding the percentagechange should be sent to AHCA instead of an application.

(7) No change.Specific Authority 400.925, 400.931, 400.935 FS. Law Implemented Part X ofChapter 400, 400.92-.957 FS. History–New 6-4-00, Amended__________.

59A-25.003 Scope of Services.(1) Minimum standards: In addition to the minimum

standards listed in Section 400.934, F.S., Each every homemedical equipment provider must: meet the followingminimum standards:

(a) The business must Hhave a visible sign with the nameof the business, business hours, and a phone number where thebusiness can be contacted during business hours.

(b) Each licensed location must Mmaintain personnelrecords for personnel that work at that location. The recordsthat must include the following: employment history for thepast 5 years, proof of background screening including a signedcopy of the good moral character form and a license of anyprofessional that may work from that location. A distributioncenter will not be required to maintain personnel records but itscentral service center shall be responsible for maintainingpersonnel records.

(c) The HME program shall Pprovide management andconsumer instruction regarding the use of home medicalequipment requiring services, as referenced in Section400.925(11), F.S., and any professional services as necessary.Delivery services include transportation of equipment andsupplies to and from consumer homes, equipment setup, andrecord keeping. Providers must be able to serve theirconsumers in a timely manner.

(d) If the HME is no longer able to serve the patient whoneeds continuing services, they must Eensure their patientsreceive continuing service from another provider if the HME isno longer able to serve the patient that still needs continuingservices. to avoid interruption in their service.

(e) Be The HME provider is ultimately responsible for themanagement of all equipment and services even if a contractoris involved.

(f) Honor all express warranties regarding assistivetechnology devices. The duration of the express warranty mustbe at least one year after first delivery of the assistivetechnology device to the consumer as required in Section427.803, F.S. The provider must warranty assistive technologydevices as defined in Section 427.802(2), F.S. The “Assistive



Technology Device Warranty Act rights period” means theperiod ending 1 year after first delivery of the assistivetechnology device to the consumer or the manufacturer’sexpress written warranty, whichever is longer, as referenced inSections 427.803 and 427.804, F.S.

(g) The provider must Hhonor all warranties as required inSection 400.934(9), F.S., and warranty used equipment at least30 days.

(h) The provider must Pprovide the consumer with userinstructions as required in Section 400.934 (13), F.S.

(i) The provider must Bbe able to demonstrate the safetyand infection control measures that follow:

1. Procedures that identify safety precautions to befollowed in the handling and use of each type of equipment andits related supplies;

2. Equipment is routinely inspected for safety and stabilityprior to delivery;

3. The electrical adequacy and safety of a home is assessedprior to placing any electrical or electronic equipment, andinstructions are provided to consumers regarding applicableprecautions and safety measures;

4. Compliance with bedding and mattress reuseregulations;

5. Specific cleaning or sanitizing requirements betweenusages for each type of equipment according to themanufacturers’ guidelines;

6. Storage of unclean equipment separate from cleanequipment;

7. Transportation of unclean equipment separate fromclean equipment; and,

8. Storage of equipment to prevent dust accumulation,water damage, and vermin contact; and

9. Equipment is safely maintained and installed basedupon the manufacturers’ instructions.

(2) through (5) No change.Specific Authority 400.934, 400.935 FS. Law Implemented Part X of Chapter400, 400.92-.957 FS. History–New 6-4-00, Amended_________.

59A-25.004 Minimum Qualifications for Personnel. The provider shall be in compliance with and make available toAHCA surveyors the information referenced in this Section.;however, this Section will not be enforced until three monthsafter the effective date of this rule.

(1) through (4) No change.Specific Authority 400.934, 400.935 FS. Law Implemented Part X of Chapter400, 400.92-.957 FS. History–New 6-4-00, Amended_________.

59A-25.005 Compliance.(1) The survey or inspection:(a) All providers must be in compliance with Part X of

Chapter 400, F.S., and these rules. A provider shall besurveyed on an unannounced basis every two years, unless asurvey is necessary due to a complaint. A renewal survey is to

be completed within eighteen to thirty months from the date ofthe last licensure survey. The renewal survey shall becompleted no earlier than eight months before expiration of theprovider’s license and no later than the license expiration dateand the average gap between surveys shall not exceedtwenty-four months. Area offices may do follow-up surveys tocheck on correction of deficiencies at any time on anunannounced basis.

(b) If a provider is operating with a central service centerthat has one or more distribution centers; the central servicecenter shall be the premises where the survey will be initiated.A surveyor will inspect at least one of the distribution centersassociated with the central service center. The distributioncenter will be held accountable for equipment and servicesprovided but will not be responsible for maintaining patient orpersonnel records. Any home offices located out of state willbe required to provide AHCA with any necessary recordsrequested to perform an inspection or to investigate acomplaint.

(c) All providers must have available, at the time ofsurvey, at least one category of equipment that is provideddirectly, filling orders from its own inventory as referenced inSection 400.934(2), F.S. Failure to have, at the time of survey,at least one category of equipment that is provided directly willresult in the provider's application being denied or theprovider's license being revoked. Once the AHCA surveyorhas finished conducting an inspection, an exit conference isconducted with the general manager or designee to discuss theresults of the inspection and any deficiencies that may havebeen found.

(d) Once the AHCA surveyor has finished conducting aninspection, an exit conference is conducted with the generalmanager or designee to discuss the results of the inspection andany deficiencies that may have been found. If the providerdisagrees with the survey findings of the AHCA surveyor, theprovider may speak with the surveyor regarding the proposeddeficiencies during the exit conference. Once the provider hasreceived the notification of deficiencies report from the areaoffice, if the surveyor’s recommended deficiency citationremains, then the provider may contact the area officesupervisor to appeal the citation. The supervisor may removethe deficiency citation based on documentation supplied by theprovider. Documentation submitted from the provider mayinclude, but is not limited to, a statement from a technicalexpert in the field of HME and services. If the provider wishesto appeal the decision of the area office supervisor, the appeal,with all supporting information, is forwarded to the chief offield operations. If the chief of field operations does notsupport the deficiency citation, a directive to the area officesupervisor will be initiated to remove the citation.

(e) The survey findings will be written and if anynotification of deficiencies prepared if needed were citedduring the survey, a statement of deficiencies will be sent to



the provider. The provider can expect to receive the writtensurvey results and any notification of deficiencies from thearea office within ten working days from the survey.

(f) Except for situations as described in (c), (g) and (h), ifany deficiencies were cited during the survey, the provider willbe given ten working days to submit a plan of correction to thearea office. A follow up visit or a desk review will then bemade by the area office to determine if the plan of correction isacceptable and has been implemented. The plan of correction issubject to approval by the agency. After the follow up visit thearea office will make a recommendation to AHCAheadquarters in Tallahassee.

(g) If a provider is cited regarding serious patient harm ora threat of clear and present danger to the public’s health andsafety, AHCA has the authority to request an injunction to haltoperations through an emergency order or moratorium. Also,AHCA has the authority to deny, revoke or suspend a licensewhen survey findings present a threat or clear and presentdanger to the public’s health and safety as permitted in Section400.932, F.S.

(h) If the provider fails to meet the minimum standards inSection 400.934, F.S., or this rule, the area office mayrecommend denial, revocation or suspension of the provider'slicense or impose an administrative fine as authorized inSection 400.932, F.S.

(i) An acceptable plan of correction must:1. Include specific information on how the deficiency was

or will be corrected;2. Include reasonable time frames based on the dates

discussed during the exit conference;3. Address the problem and be aimed at correction in a

systematic sense, as opposed to correcting an example or anisolated problem;

4. Not be argumentative and generalized;5. Not include unsubstantiated arguments; and,6. Identify the position that will be monitoring the

corrective action to preclude its reoccurrence.(j) All licensed providers must make records available on

the premises during the course of the survey.(2) Complaint investigations:(a) AHCA will conduct investigations of complaints

regarding violations of licensure requirements. Complaintinvestigations will be unannounced. An entrance conferencewill be conducted to inform the general manager of the natureof the complaint. An exit conference will be conducted toreport the findings and to receive additional information orclarification concerning the investigation. Distribution centerswill be allowed forty-eight hours to obtain patient or personnelrecords from their central service center and to submit therecords to the area office when related to a complaintinvestigation.

(b) If necessary, a statement of deficiencies will be sent tothe provider after the investigation. If the complaint wasconfirmed or any incidental deficiencies were cited as a resultof the complaint investigation, the provider must submit a planof correction to the area office. AHCA may impose a fineagainst the provider or revoke or suspend a license as permittedin Section 400.932, F.S., that did cause or could have causedharm to a patient.

(3)(2) Adverse action: Denial, Suspension, Revocation,and Administrative Fines. Fine amounts are not to exceed$5000 per violation, per day as stated in Section 400.932(1),F.S.

(a) AHCA shall deny, suspend or revoke an application forlicense, or impose a fine for the reasons in Section 400.932,F.S., and for the following reasons:

1. If the provider fails to submit an application for achange of ownership within time frames specified in Section400.931(8) and (9), F.S., a $500 fine shall be levied. If theapplication is received after the required filing date, butexhibits a hand-canceled postmark from the U.S. Post Office,or delivery documentation by a carrier service, dated on orbefore the required filing date, no fine will be levied;

2. If the provider fails to submit an application for renewalof a license within ninety sixty days before from the date ofexpiration date of the existing license, as specified in Section400.931(8), F.S., a $50 fine per day, not to exceed $500, a$500 fine will be levied;

3. If the provider fails to notify AHCA of a change ofaddress, within the timeframes in paragraph Section59A-25.002(7), of this rule, a minimum of a $500 fine shall belevied; if a surveyor cannot locate the provider for inspection;

4. If existing providers (providers in existence on theeffective date of this licensure act of 7/1/99) fail to submit anapplication by 12/31/99, a minimum of a $500 fine shall belevied;

4.5. If the applicant fails to screen all employees includingcontracted employees, or is unable to show screening clearancefor any contracted employees who enter a consumer's home, asrequired in Section 400.93, F.S, or employs persons who aredisqualified from employment based on a criminal recordcheck a $1,000 fine shall be levied; abuse registry screening ora criminal record check (fine);

5. If the provider is cited for a class I deficiency that isany act, omission or practice that results in a patient's death,disability, or permanent injury, or places a patient at imminentrisk of death, disability, or permanent injury, the agency mayimpose an administrative fine in the amount of $5,000 for eachoccurrence and each day that the deficiency exists. In addition,the agency may immediately revoke the license, deny therenewal of a license or impose a moratorium on accepting newpatients until the factors causing the deficiency have beencorrected;



6. If the provider is cited for a class II deficiency that isany act, omission or practice that has a direct adverse effect onthe health, safety or security of a patient, the agency mayimpose an administrative fine in the amount of $1,000 for eachoccurrence and each day that the deficiency exists. In additionthe agency may revoke the license, deny the renewal of alicense or impose a moratorium of new patients until thedeficiency has been corrected; If the provider fails to carry outits responsibility regarding the provision of equipment andservices by its staff or contractors in such a way that patientsare subjected to inadequate care (fine or revocation);

7. If the provider is cited for a class III deficiency that isany act, omission or practice that has an indirect, adverse effecton health, safety, or security of a patient, the agency mayimpose an administrative fine not to exceed $500 for eachoccurrence and each day that the uncorrected or repeateddeficiency exists; If the provider is cited for a deficiency thatcould have caused harm to a patient or did cause harm to apatient (fine, revocation, denial);

8. If the provider is cited for a class IV deficiency that isuncorrected or repeated acts or omissions or practices relatedto required reports, forms or documents which do not have thepotential of negatively affecting patients, the agency mayimpose an administrative fine not to exceed $200 for eachoccurrence and each day that the uncorrected or repeateddeficiency exists; If the provider is cited for repeateddeficiencies or for uncorrected violations of state law and rule;(fine, revocation, denial); and,

9. If the provider is not available for inspection during theoffice hours indicated on their licensure application, AHCAshall deny an initial or change of ownership application orimpose a $500 fine upon a licensed provider applying to renewa license. If AHCA goes to inspect an HME during officehours, as indicated on their licensure application, and cannotgain entry and is not permitted to see any records (fine, deny,revoke).

10. A fine of $2,500 shall be levied against providersdetermined to be operating without a license.

11. If the central service center's license is revoked, therevocation includes the licenses of all designated distributioncenters.

12. If the provider fails to submit a plan of correction tothe area office within 10 days of the receipt of the deficiencystatement, AHCA shall deny an initial, a change of ownershipor a renewal application or revoke the license of a licensedprovider.

13. Failure of a provider to provide records to AHCAduring an inspection shall result in a $500 fine.

14. Failure of a distribution center to provide records toAHCA within forty-eight hours shall result in a $500 fine.

(b) No change.(3) Complaint investigations:

(a) AHCA will conduct investigations of complaintsregarding violations of licensure requirements. Complaintinvestigations will be unannounced. An entrance conferencewill be conducted to inform the general manager of the natureof the complaint. An exit conference will be conducted toreport the findings and to receive additional information orclarification concerning the investigation.

(b) If necessary, a Statement of Deficiencies will be sent tothe provider within 10 working days after the investigation. Ifthe complaint was confirmed or any incidental deficiencieswere cited as a result of the complaint investigation, theprovider must submit a Plan of Correction to the area office.AHCA may impose a fine against the provider or revoke orsuspend a license as permitted in Section 400.932, F.S., for anydeficiency or confirmed complaint that did cause or could havecaused harm to a patient.

(4) No change. Specific Authority 400.93, 400.931, 400.932, 400.934, 400.935, FS. LawImplemented Part X of C hapter 400, 400.92-.400.957 FS. History–New6-4-00, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Jan Mills, Health Services and Facilities Consultant, Agencyfor Health Care AdministrationNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Rhonda M. Medows, MD, FAAFP,SecretaryDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 5, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: November 21, 2001

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONRULE TITLE: RULE NO.:General Information and Forms 61-6.0015PURPOSE AND EFFECT: The Department proposes to addthis rule to incorporate the applications, forms andaccompanying instructions, if any, which are to be used in itsdealings with the public. This rule meets the requirements setforth in section 120.55(1)(a)4., F.S.SUMMARY: This rule lists the applications, forms andaccompanying instructions, if any, utilized by the Department.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 455.203(5), 455.213(1) FS.LAW IMPLEMENTED: 455.203(5) FS.



IF REQUESTED IN WRITING WITHIN 21 DAYS OF THEDATE OF THIS NOTICE, A HEARING DATE WILL BENOTICED IN THE NEXT AVAILABLE FLORIDAADMINISTRATIVE WEEKLY.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Erica D. Glover, Assistant GeneralCounsel, Department of Business and Professional Regulation,Northwood Centre, 1940 North Monroe Street, Tallahassee,Florida 32399-2202


61-6.0015 General Information and Forms.Individuals seeking to become licensed by the Department maysubmit a completed application together with any applicableforms. An application can be obtained by writing theDepartment of Business and Professional Regulation, 1940North Monroe Street, Tallahassee, Florida 32399 or by visitingMyFlorida.com. The following is a list of applications, formsand accompanying instructions, if any, utilized by theDepartment:(1) DBPR 0010-2 Master Individual Application(2) DBPR 0020-1 Master Organization Application(3) DBPR 0030-1 Attest Statement(4) DBPR 0040-1 Officers and Directors(5) DBPR 0050-1 Explanatory Information for

Background Questions(6) BPR 0060-1 General Explanatory Description(7) DBPR 0080-1 Request for Address or Name

Change(8) DBPR 0090-1 Duplicate License Request(9) DBPR 0100-1 Request for Release of

Information and Authorization torelease information

(10) DBPR ALU 4051-1 Initial Asbestos ExaminationApplication

(11) DBPR ALU 4052-1 Initial Licensure & Change ofStatus Application

(12) DBPR ALU 4053-1 Secondary Qualifier Application(13) DBPR ALU 4054-1 Request for Training Provider &

Continuing Education CourseApproval Application

(14) DBPR ALU 4055-1 Retake Exam Application(15) DBPR BCAI 4251-1 Certification, Examination and

Endorsement Application(16) DBPR BCAI 4252-1 Affidavit of Work Experience(17) DBPR BCAI 4253-1 Continuing Education Course &

Provider Approval Application(18) DBPR BCAI 4254-1 Training Program and Training

Program Provider ApprovalApplication

(19) DBPR BCAI 4255-1 Attendance Roster

(20) DBPR BCAI 4256-1 Course and Program Approval(21) DBPR BCAI 4257-1 Re-Examination Application for

Inspectors, Plans Examiners andBuilding Code Administrators

(22) DBPR BCAI 4258-1 Application for LimitedLicensure

(23) Instructions and Information forExamination Application

(24) DBPR CILB 4351-1 Examination Application(25) Information Regarding

Completion of Initial Licensure/Change of Status Application

(26) DBPR CILB 4352-1 Initial Licensure/Change ofStatus Application

(27) DBPR CILB 4353-1 Qualify Additional BusinessOrganization

(28) Information for ContinuingEducation Provider and CourseApproval Application

(29) DBPR CILB 4354-1 Continuing Education Providerand Course Approval Application

(30) DBPR CILB 4355-1 Construction-Related ComplaintApplication

(31) DBPR CILB 4356-1 Bond Application(32) DBPR CPA 5001-1 Credit Transfer CPA Examination(33) DBPR CPA 5002-1 Application for Licensure by

Endorsement/TransferringExamination Grades

(34) DBPR CPA 5003-1 CPA Re-ExaminationApplication

(35) DBPR CPA 5007-1 CPA Examination Application(36) DBPR CPA 5008-1 CPA Firm Application(37) DBPR CPA 5009-1 Sole Proprietor Firm Application(38) BPR CPA 5010-1 Non-Resident Temporary

Practice Permit(39) DBPR CPA 5011-1 Request for Change of Status(40) DBPR CPA 5012-1 Authorization For Interstate

Exchange of Examination andLicensure Information

(41) DBPR CPA 5013-1 Request for Course Evaluation(42) DBPR ECLB 4451-1 Examination Application(43) DBPR ECLB 4452-1 Application for Registered

Electrical, Alarm System orSpecialty Contractor

(44) DBPR ECLB 4453-1 Initial Application CertifiedElectrical, Alarm System, orSpecialty Contractors

(45) DBPR ECLB 4454-1 Work Experience Form(46) DBPR ECLB 4455-1 Request for Training Provider

and Continuing EducationCourse Approval



(47) Information for CompletingChange of Status Application

(48) DBPR ECLB 4456-1 Change of Status Application(49) DBPR ECLB 4457-1 Retake Exam Application(50) DBPR HP 4601-1 General Information(51) DBPR PMW 3010-1 Permit Application(52) DBPR PMW 3030-1 Personal History Record(53) DBPR PMW 3040-1 Permit Transfer Application from

One Existing Permitholder toAnother Existing Permitholder

(54) DBPR PMW 3050-1 Veterinary Report of Medication(55) DBPR PMW 3060-1 Permitholder Application for

Annual License and OperatingDates

(56) DBPR PMW 3070-1 Proposed Recipients of Charity/Scholarship PerformanceProceeds

(57) DBPR PMW 3080-1 Permitholder Calendar(58) DBPR PMW 3090-1 Request for Stay(59) DBPR PMW 3100-1 Request for Appeal of Stewards’/

Judges’ Ruling(60) DBPR PMW 3110-1 Animal Owner’s Temporary

License Application(61) Instructions for Individual

Occupational LicensureApplication

(62) DBPR PMW 3120-1 Individual Occupational LicenseApplication

(63) DBPR PMW 3130-1 Business Occupational LicenseApplication

(64) DBPR PMW 3140-1 Attest Statement(65) DBPR PMW 3150-1 Request for Approval of a Card

Game(66) DBPR PMW 3160-1 Permit Application for Annual

License to Operate a Cardroom(67) DBPR PMW 3220-1 Notice of Change of Cardroom

Business Occupational LicenseesProviding Products and Servicesto a Cardroom

(68) DBPR PMW 3230-1 Pari-Mutuel OccupationalLicensee Transfer to Cardroom

(69) DBPR RE 2001-1 Application Requirements(70) DBPR RE 2100-1 Application for Additional

Locations(71) DBPR RE 2010-1 Real Estate Background

Questions(72) DBPR RE 2020-1 Non-Resident Temporary

Appraisal Practice Permit(73) DBPR RE 2030-1 Real Estate Instructor Permit

Qualifications

(74) DBPR RE 2040-1 Appraiser Instructor PermitQualifications

(75) DBPR RE 2050-1 Request for Change of Status(76) DBPR RE 2060-1 Request for Appraiser Change of

Status(77) DBPR RE 2070-1 Request for School/Instructor

Change of Status(78) DBPR RE 2080-1 Request for Instructor Evaluation(79) DBPR RE 2090-1 Request for Course EvaluationSpecific Authority 455.203(5), 455.213(1) FS. Law Implemented 455.213 FS.His tory–New ________.

NAME OF PERSON ORIGINATING PROPOSED RULE:David K. MinacciNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: David K. MinacciDATE PROPOSED RULE APPROVED BY AGENCYHEAD: February 25, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: March 22, 2002

DEPARTMENT OF HEALTHBoard of Hearing Aid SpecialistsRULE TITLE: RULE NO.:Trainee Stages, Minimum Training

Requirements, and Training Program 64B6-8.003PURPOSE AND EFFECT: The Board proposes to update theexisting rule. SUMMARY: The Board clarifies when the training programshall come to an end and that a trainee may repeat the trainingprogram one time. Even after the person may no longerfunction on as a trainee, a qualified person may still sit for theexamination for license on three occasions.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared. Any person who wishes to provide information regarding thestatement of estimated costs, or provide a proposal for a lowercost regulatory alternative must do so in writing within 21 daysof this notice.SPECIFIC AUTHORITY: 484.0445(1), 484.044 FS.LAW IMPLEMENTED: 484.0445, 484.045 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE HELD AT A TIME,DATE AND PLACE TO BE PUBLISHED IN THE NEXTAVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Sue Foster, Board Executive Director,Board of Hearing Aid Specialists, 4052 Bald Cypress Way,Bin #C08, Tallahassee, Florida 32399-3258




64B6-8.003 Trainee Stages, and Minimum TrainingRequirements, and Training Program.

(1) A training program shall be a minimum of not exceedsix months in length. The trainee shall be in a training programfor a minimum of twenty (20) hours each week. A trainee shallbe under the direct supervision of the sponsor at all times whenperforming the functions of a hearing aid specialist. During thesix month training program, a trainee shall complete theNational Hearing Aid Society Home Study Course and shallsubmit proof of passing the home study course finalexamination prior to taking the Florida licensure examination.If the trainee passes the home study course final examinationbut fails the Florida licensure examination, he or she will nothave to repeat the home study course prior to the next availableFlorida licensure examination. The training program shall bedivided into three (3) stages:

(a) through (c) No change.(2) It shall be the responsibility of the sponsor to provide

instruction and guidance, in order to adequately preparetrainees for the written and practical examinations and forpractice as a hearing aid specialist. Training received by atrainee during the training program must consist of training inthe following subject areas:

(a) through (s) No change.(3) The sponsor shall file a complete report with the Board

at the end of each trainee’s training program; this report shallbe filed no later than 30 fifteen (15) days after the terminationof the program. The report shall set forth the number of hoursof training in each subject which has been provided. The reportmust also set forth the educational and training objectives andhours set by the sponsor for the trainees.

(4) No change.(5) Upon completion of the training program, the trainee

shall take the first available licensure examination. A traineemay continue to function as a trainee until she or he hasreceived the results of the licensure examination, provided that,failure of the sponsor to file the complete report requiredherein will preclude the trainee from engaging in any actswhich constitute hearing aid dispensing until such time as thecomplete report is filed. Also, until the complete report is filed,the trainee is not eligible to complete the first availablelicensure examination.

(6) If the trainee fails the licensure examination she or hemay repeat the training program one time by meeting thecriteria in Rule 64B6-8.002, F.A.C., and taking the nextavailable examination.

(7) Failure to sit for or receive a passing score on the nextscheduled licensure examination for which he or she qualifieswill result in termination of trainee status and the ability tofurther perform services as a trainee within seven days of themailing of the examination results, but does not precludeapplication for reexamination as provided in Rule 64B6-2.005,F.A.C.

(8) Every applicant who is qualified to take theexamination shall be allowed to take the examination threetimes. If an applicant fails to sit for or pass the examinationthree times, the applicant shall no longer be eligible to take theexamination.Specific Authority 484.0445(1), 484.044 FS. Law Implemented 484.0445,484.045 FS. History–New 2-12-84, Formerly 21JJ-8.03, Amended 8-12-87,10-1-90, 1-28-91, 4-23-91, 8-19-91, Amended 3-18-93, Formerly 21JJ-8.003,Amended 4-21-94, Formerly 61G9-8.003, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Board of Hearing Aid SpecialistsNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of Hearing Aid SpecialistsDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 5, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: September 21, 2001

DEPARTMENT OF HEALTHBoard of MedicineRULE TITLE: RULE NO.:Definitions 64B8-2.001PURPOSE AND EFFECT: The proposed rule amendments areintended to set forth definitions for the levels of supervision.SUMMARY: The proposed rule amendments define “directsupervision” and “indirect supervision” and remove all otherdefinitions with regard to supervision.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 458.309, 458.315(1),458.317(1)(c), 458.319(1), 766.314(4) FS.LAW IMPLEMENTED: 458.303, 458.311, 458.313,458.315(1), 458.317(1)(c), 458.331(1)(u), 458.3485,766.314(4) FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Larry G. McPherson, Jr., ExecutiveDirector, Board of Medicine/MQA, 4052 Bald Cypress Way,Bin #C03, Tallahassee, Florida 32399-3253




64B8-2.001 Definitions.(1) Levels of Supervision: The phrase “direct supervision

and control” as used in Section 458.303(2), F.S., shall requirethe following: The physical presence of the supervisingphysician on the premises so that the supervising physician isimmediately available when needed.

(a) “Direct supervision” shall require the physicalpresence of the supervising licensee on the premises so that thesupervising licensee is reasonably available as needed. Whenthis term is used in probationary terms of a Final Order, itrequires that the licensee practice medicine only if theapproved supervisor is on the premises.

(b) “Indirect supervision” shall require only that thesupervising licensee practice at a location which is within closephysical proximity of the practice location of the supervisedlicensee and that the supervising licensee must be readilyavailable for consultation as needed. “Close physicalproximity” shall be within 20 miles unless otherwiseauthorized by the Board.

(2) through (5) No change.(6) The phrase “direct responsibility,” as defined by the

Board of Medicine, and as used in Section 458.3485, FloridaStatutes, shall mean that the responsible physician need not bephysically present on the premises but must be within closephysical proximity and easily accessible.

(7) through (12) renumbered (6) through (11) No change.Specific Authority 458.309, 458.315(1), 458.317(1)(c), 458.319(1),766.314(4) FS. Law Implemented 458.303, 458.311, 458.313, 458.315(1),458.317(1)(c), 458.331(1)(u), 458.3485, 766.314(4) FS. History–New11-10-82, Amended 12-4-85, Formerly 21M-29.01, Amended 12-4-86,11-15-88, 3-13-89, 1-1-92, 9-24-92, 2-21-93, Formerly 21M-29.001, Amended4-14-94, Formerly 61F6-29.001, 59R-2.001, Amended 4-7-99,10-2-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Rules Committee, Board of MedicineNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of MedicineDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 6, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: August 31, 2001

DEPARTMENT OF HEALTHBoard of MedicineRULE TITLE: RULE NO.:Disciplinary Guidelines 64B8-44.003PURPOSE AND EFFECT: The proposed rule amendments areintended to set forth violations relating to fraud and to addressviolations with regard to performing health care services on thewrong patient, wrong procedures on a patient, or unauthorizedprocedures on a patient.SUMMARY: The proposed rule amendments set forthviolations relating to fraud and performing health care serviceson the wrong patient, the wrong procedures, or unauthorizedprocedures on a patient.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 456.079, 458.309, 468.507 FS.LAW IMPLEMENTED: 456.079, 468.517, 468.518(2) FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Kaye Howerton, Executive Director,Dietetics and Nutrition Practice Council/MQA, 4052 BaldCypress Way, Bin #C05, Tallahassee, Florida 32399-3255


64B8-44.003 Disciplinary Guidelines.(1) through (3) No change.(4) Violations and Range of Penalties. In imposing

discipline upon applicants and licensees, in proceedingspursuant to Sections 120.57(1) and (2), F.S., the Board shallact in accordance with the following disciplinary guidelinesand shall impose a penalty within the range corresponding tothe violations set forth below. The verbal identification ofoffenses are descriptive only; the full language of eachstatutory provision cited must be consulted in order todetermine the conduct included.



VIOLATION RECOMMENDED RANGE OF PENALTY(a) through (b) No change.(c) Attempting to procure a license by bribery, fraud, ormisrepresentation or through error of the department or thecouncil.(468.518(1)(c), 456.072(1)(h))(c)1. Attempting to obtain an initial license by briberyor fraud.

(c)1. Denial of application and $10,000 fine. From denial orrevocation of licensure with ability to reapply upon payment of afine up to $1,000.00 to denial of license without ability to reapply.

(c)2. Attempting to renew a license by bribery or fraud. (c)2. For the first offense, from revocation of the license withability to reapply upon payment of a $10,000 fine to permanentrevocation. After the first offense, permanent revocation and a$10,000 fine. For a second offense, denial or permanent revocationof licensure with $1,000.00 fine.

(c)3. Obtaining or renewing a license by fraud. (c)3. For the first offense, from revocation of the license withability to reapply upon payment o a $10,000 fine to permanentrevocation. After the first offense, permanent revocation and a$10,000 fine.

(c)4. Obtaining or renewing a license through error ofthe department or the council.

(c)4. Revocation.

(c)5. Obtaining or renewing a license throughnegligent misrepresentation.

(c)5. For the first offense, from a $300 fine and 3 hours ofcontinuing education on ethics to suspension and a reprimand and a$1,000 administrative fine. After the first offense, from suspensionand a reprimand and a $3,000 fine to revocation or denial ofapplication.

(d) through (e) No change.(f) Filing a false report or failing to file a report as required.(468.518(1)(f))(f)1. Negligently filing a false report or failing to filea report as required.

(f)1. For the first offense, from a letter of concern or denial ofapplication to one (1) year probation and an administrative finefrom $300 to $1,500. After the first offense, from one (1) yearprobation to revocation, and an administrative fine from $1,500 to$3,000. From a minimum of one year probation with conditions torevocation or denial of the license, and an administrative fine from$100.00 to $1,000.00.

(f)2. Fraudulently filing a false report or failing to file areport as required.

(f)2. For the first offense, from one (1) year probation to revocationor denial of application, and a $10,000 fine. After the first offense,from suspension to revocation and a $10,000 fine. After the firstoffense, a minimum of three years probation with conditions torevocation or denial of the license, and an administrative fine from$250.00 to $1,000.00.

(g) False, deceptive, or misleading advertising.(468.518(1)(g))(g)1. Negligent false, deceptive or misleading advertising. (g)1. For the first offense, from a letter of concern to one (1) year

suspension or denial of application, and an administrative fine from$300 to $1,500. After the first offense, from reprimand to up to one(1) year suspension or denial of application, and an administrativefine from $1,500 to $3,000. From one year probation withconditions to one year suspension followed by at least one yearprobation with conditions or denial of licensure, and anadministrative fine from $250.00 to $1,000.00.



(5) No change.(6) Letters of Guidance. The provisions of this rule cannot

and shall not be construed to limit the authority of the probablecause panel of the Board to direct the Department to send aletter of guidance pursuant to Section 456.073(4), F.S., in anycase for which it finds such action appropriate. A letter ofguidance may be issued to a licensee in lieu of a finding ofprobable cause, pursuant to Section 456.073(4), F.S.; however,the Department shall not recommend a letter of guidance inlieu of finding probable cause if the subject has already beenissued a letter of guidance for a related offense.

(7) No change.Specific Authority 456.079, 458.309, 468.507 FS. Law Implemented 456.079,468.517, 468.518(2) FS. History–New 12-4-90, Formerly 21M-50.003,Amended 6-22-94, Formerly 61F6-50.003, 59R-44.003, Amended 3-16-98,8-19-99, 9-28-00, 9-26-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Dietetics and Nutrition Practice CouncilNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of MedicineDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 6, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: November 21, 2001

DEPARTMENT OF HEALTHBoard of MedicineElectrolysis CouncilRULE TITLE: RULE NO.:Disciplinary Guidelines 64B8-55.001PURPOSE AND EFFECT: The proposed rule amendments areintended to set forth violations relating to fraud and to addressviolations with regard to performing health care services on thewrong patient, wrong procedures on a patient, or unauthorizedprocedures on a patient.SUMMARY: The proposed rule amendments set forthviolations relating to fraud and performing health care serviceson the wrong patient, the wrong procedures, or unauthorizedprocedures on a patient.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared. Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.

(g)2. Fraudulent false, deceptive or misleading advertising. (g)2. For the first offense, from reprimand to up to one (1) yearsuspension or denial of application, and an administrative fine of$10,000. After the first offense, from suspension up to revocationand a fine of $10,000. For a second offense, two years probationwith conditions to two years suspension followed by at least oneyear probation with conditions or denial of licensure, and anadministrative fine from $350.00 to $1,000.00.(g)3. After the second offense, two to five years suspensionfollowed by two years of probation with conditions to revocation ordenial of licensure, and an administrative fine from $500.00 to$1,000.00.

(h) Committing fraud in the practice. (468.518(1)(h))

(h)1. From one year probation with conditions to revocation ordenial of licensure, and an administrative fine of $10,000 from$250.00 to $1,000.00.(h)2. After the first offense, from one year suspension followed byprobation with conditions to revocation or denial of licensure, andan administrative fine of $10,000 from $400.00 to $1,000.00.

(i) through (q) No change.(r) Performing or attempting to perform health care services on the wrong patient, a wrong procedure,an unauthorized procedure, or a procedure that ismedically unnecessary or otherwise unrelated to thepatient’s diagnosis or medical condition.(456.072(1)(aa))

(r) From reprimand to revocation or denial of licensure, and anadministrative fine from $250 to $10,000.



SPECIFIC AUTHORITY: 456.072, 456.079, 478.52(4) FS.LAW IMPLEMENTED: 456.072, 456.073, 456.079,478.52(4) FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Kaye Howerton, Executive Director,Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C05,Tallahassee, Florida 32399-3255


64B8-55.001 Disciplinary Guidelines.(1) through (2) No change.(3) Violations and Range of Penalties. In imposing

discipline upon applicants and licensees in proceedingspursuant to Section 120.57(1) and 120.57(2), Florida Statutes,the Board shall act in accordance with the followingdisciplinary guidelines and shall impose a penalty as providedin Section 456.072(2) within the range corresponding to theviolations set forth below. The identification of offenses aredescriptive only; the full language of each statutory provisioncited must be consulted in order to determine the conductincluded.

VIOLATION RECOMMENDED RANGE OF PENALTY(a) Attempting to obtain a license by bribery, fraud, or misrepresentation, or through error of the department orthe council.(478.52(1)(a), 456.072(1)(h), F.S.)

(a) Denial or revocation with $1,000 fine.

(a)1. Attempting to obtain an initial licensure by briberyor fraud.

(a)1. Denial of application and $10,000 fine.

(a)2. Attempting to renew a license by bribery or fraud. (a)2. For the first offense, from revocation of the license withability to reapply upon payment of a $10,000 fine to permanentrevocation. After the first offense, permanent revocation and a$10,000 fine.

(a)3. Obtaining or renewing a license by fraud. (a)3. For the first offense, from revocation of the license withability to reapply upon payment of a $10,000 fine to permanentrevocation. After the first offense, permanent revocation and a$10,000 fine.

(a)4. Obtaining or renewing a license through error ofthe department or the council.

(a)4. Revocation.

(a)5. Obtaining or renewing a license throughnegligent misrepresentation.

(a)5. For the first offense, from a $250 fine and 3 hours ofcontinuing education on ethics to suspension and a reprimandand a $1,000 administrative fine.

(b) through (c) No change.(d) Filing a false report or failing to file a report as required.(478.52(1)(d), F.S.)(d)1. Negligently filing a false report or failing to file a report as required.

(d)1. For the first offense, from a letter of concern or denial ofapplication to one (1) year probation and an administrative finefrom $500 to $5,000. After the first offense, from one (1) yearprobation to revocation, and an administrative fine from $1,000to $5,000. From one year probation to revocation or denial, andan administrative fine from $250 to $5,000.

(d)2. Fraudulently filing a false report or failing to file areport as required.

(d)2. For the first offense, from one (1) year probation torevocation or denial of application, and a $10,000 fine. After thefirst offense, from suspension to revocation and a $10,000 fine.After the first offense, from two years probation to revocation ordenial, and an administrative fine from $1,000 to $5,000.

(e) False, deceptive or misleading advertising.(478.52(1)(e), F.S.)(e)1. Negligent false, deceptive, or misleading advertising. (e)1. For the first offense, from a letter of concern to one (1) year

suspension or denial or application, and an administrative finefrom $500 to $2,500. From reprimand to one year suspension ordenial, and an administrative fine from $500 to $5,000.



(4) through (5) No change.(6) Letters of Guidance. The provisions of this rule cannot

and shall not be construed to limit the authority of the probablecause panel of the Board to direct the Department to send aletter of guidance pursuant to Section 456.073(3), FloridaStatutes, in any case for which it finds such action appropriate.However, the Department shall not recommend a letter ofguidance in lieu of finding probable cause if the subject hasalready been issued a letter of guidance for a related offense.

(7) No change.Specific Authority 456.072, 456.079, 478.52(4) FS. Law Implemented456.072, 456.073, 456.079, 478.52(4) FS. History–New 11-16-93, Formerly61F6-80.001, Amended 1-2-95, Formerly 59R-55.001, Amended 2-9-98,10-12-98, 3-1-00, 9-28-00, 5-30-01, 8-8-01, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Electrolysis CouncilNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of MedicineDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 6, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: November 9, 2001

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLE: RULE NO.:Notification and Evidence of Licensure 64B13-4.008PURPOSE AND EFFECT: The Board finds that this rule isunnecessary. Staff routinely sends out timely notices toapplicants who pass an examination, and the law determineswhen a successful applicant may lawfully begin practice.SUMMARY: The rule is being repealed.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared. Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 456.017(1), 463.006(2) FS.LAW IMPLEMENTED: 455.564, 456.017(1), 463.006(2) FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.

(e)2. Fraudulent false, deceptive, or misleading advertising. (e)2. For the first offense, from reprimand to up to one (1) yearsuspension or denial of application, and an administrative fine of$10,000. After the first offense, from suspension up to revocationand a fine of $10,000. After the first offense, from one yearprobation to three year suspension or denial, and anadministrative fine from $1,000 to $5,000.

(f) through (p) No change.(q) Practicing under a name other than that of licensee.(478.52(1)(q), F.S.)(q)1. Negligently practicing under a name other than thatof the licensee.

(q)1. For the first offense, from one (1) year suspension torevocation or denial of application, and an administrative finefrom $250 to $5,000. After the first offense, revocation and anadministrative fine from $1,000 to $5,000. From two yearssuspension to revocation or denial, and an administrative finefrom $250 to $5,000.

(q)2. Fraudulently practicing under a name other than that of the licensee.

(q)2. For the first offense, revocation or denial ofapplication, and an administrative fine of $10,000. For a secondoffense, revocation, and an administrative fine from $1,000 to$5,000.

(r) through (ll) No change.(mm) Violating any provision of chapters 478 or 456, Florida Statutes, or any rule of the Board or Department.(478.52(1)(v))

(mm) Reprimand to revocation and a fine of $250 to $1000,depending on the severity of the offense.

(nn) Performing or attempting to perform electrolysis on the wrong patient, a wrong-site procedure, a wrong procedure, an unauthorized procedure, or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosisor medical condition.(456.072(1)(aa))

(nn) Reprimand to revocation or denial, and a fine of from $250to $5,000. After the first offense, from one year suspensionfollowed by probation to revocation or denial, and a fine of from$1,000 to $5,000.



THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Joe Baker, Jr., Executive Director,Board of Optometry/MQA, 4052 Bald Cypress Way, Bin#C07, Tallahassee, Florida 32399-3257


64B13-4.008 Notification and Evidence of Licensure. Specific Authority 456.017(1), 463.006(2) FS. Law Implemented 455.564,456.017(1), 463.006(2) FS. History–New 6-18-92, Formerly 21Q-4.008,61F8-4.008, Amended 11-21-94, Formerly 59V-4.008, Amended 3-21-00,Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Rules Committee, Board of OptometryNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of OptometryDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 5, 2002

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLE: RULE NO.:Examination Review Fee 64B13-6.002PURPOSE AND EFFECT: The rule is not authorized. TheDepartment has the authority to determine the costs ofexamination review.SUMMARY: The rule is being repealed.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 463.005(1) FS.LAW IMPLEMENTED: 456.017(2) FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Joe Baker, Jr., Executive Director,Board of Optometry/MQA, 4052 Bald Cypress Way, Bin#C07, Tallahassee, Florida 32399-3257


64B13-6.002 Examination Review Fee.Specific Authority 463.005(1) FS. Law Implemented 456.017(2) FS. History–New 11-2-90, Formerly 21Q-6.002, 61F8-6.002, 59V-6.002,Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Rules Committee, Board of OptometryNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of Optometry

DATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 5, 2002

DEPARTMENT OF HEALTHBoard of OptometryRULE TITLE: RULE NO.:Certified Optometrist Examination 64B13-10.0015PURPOSE AND EFFECT: The Board is no longeradministering the certification examination and therefore therule is being repealed.SUMMARY: The rule is being repealed.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 456.017(1), (2), 463.005(1) FS.LAW IMPLEMENTED: 456.017(1), (2), 463.0055 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Joe Baker, Jr., Executive Director,Board of Optometry/MQA, 4052 Bald Cypress Way, Bin#C07, Tallahassee, Florida 32399-3257


64B13-10.0015 Certified Optometrist Examination.Specific Authority 456.017(1),(2), 463.005(1) FS. Law Implemented456.017(1),(2), 463.0055 FS. History–New 3-16-89, Amended 5-29-90,7-10-91, Formerly 21Q-10.0015, 61F8-10.0015, Amended 10-4-94, Formerly59V-10.0015, Amended 3-21-00, 7-12-00, 2-7-01, 10-30-01,Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Rules Committee, Board of OptometryNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of OptometryDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 5, 2002

DEPARTMENT OF HEALTHBoard of PsychologyRULE TITLE: RULE NO.:Licensure by Examination; Additional

Educational Requirements for InitialLicensure 64B19-11.004

PURPOSE AND EFFECT: The proposed rule amendment isintended to specify that prior to licensure, all applicants mustdocument instruction on the prevention of medical errors.



SUMMARY: The proposed rule amendment implementsinstruction on the prevention of medical errors as a conditionof initial licensure.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding thestatement of estimated costs, or to provide a proposal for alower cost regulatory alternative must do so in writing within21 days of this notice.SPECIFIC AUTHORITY: 490.004(4), 456.031, 456.013(7)FS.LAW IMPLEMENTED: 456.031, 456.013(7) FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Kaye Howerton, Executive Director,Board of Psychology/MQA, 4052 Bald Cypress Way, Bin#C05, Tallahassee, Florida 32399-3255


64B19-11.004 Licensure by Examination: AdditionalEducational Requirements for Initial Licensure Course onDomestic Violence.

(1) Before licensure, each applicant shall comply with therequirements of Section 456.031, F.S., and shall demonstratecompliance by completing and submitting PY FORM3.domviol (rev. 12/01), “Domestic Violence AffirmationForm,” effective 3-24-02, which is incorporated herein byreference and which may be obtained from the Board office.Courses on domestic violence approved by any Board withinthe Division of Medical Quality Assurance of the Departmentof Health pursuant to Section 456.031, Florida Statutes, areapproved by this Board.

(2) Before licensure, each applicant shall comply with therequirements of Section 456.013(7), F.S., regarding instructionon prevention of medical errors.Specific Authority 490.004(4), 456.031, 456.013(7) FS. Law Implemented456.031, 456.013(7) FS. History–New 8-12-90, Amended 11-18-92, 7-14-93,Formerly 21U-11.0063, Amended 6-14-94, Formerly 61F13-11.0063,Amended 1-7-96, Formerly 59AA-11.004, Amended 8-3-97,3-24-02,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Board of PsychologyNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Board of PsychologyDATE PROPOSED RULE APPROVED BY AGENCYHEAD: January 31, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: March 15, 2002

DEPARTMENT OF CHILDREN AND FAMILY SERVICESEconomic Self-Sufficiency ProgramRULE TITLE: RULE NO.:Income and Resource Criteria 65A-1.716PURPOSE AND EFFECT: This proposed rule amendmentupdates federal poverty income guidelines used in determiningMedicaid eligibility.SUMMARY: This rule amendment will bring federal povertystandards in the rule to 2002 levels.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: An estimate of the regulatory costwas not prepared for this rule.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: 409.919 FS.LAW IMPLEMENTED: 409.903, 409.904, 409.919 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE HELD AT THETIME, DATE AND PLACE SHOWN BELOW (IF NOTREQUESTED, THIS HEARING WILL NOT BE HELD):TIME AND DATE: 2:00 p.m., May 20, 2002PLACE: Building 3, Room 100, 1317 Winewood Boulevard,Tallahassee, FL 32399-0700THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Audrey Mitchell, ProgramAdministrator, 1317 Winewood Boulevard, Building 3, Room421, Tallahassee, FL 32399-0700. Telephone (850)488-3090


65A-1.716 Income and Resource Criteria.(1) The monthly federal poverty level figures based on the

size of the filing unit are as follows:

Filing Unit Size

90% of Poverty Guideline




1 $665 645 $739 716 $886 859 $982 953 2 896 871 995 968 1194 1161 1324 1287 3 1252 1220 1665 1622 4 1509 1471 2007 1957 5 1765 1723 2348 2291 6 2022 1975 2689 2626 7 2279 2226 3031 2961 8 2535 2478 3372 296 9 2792 2730 3713 363010 3049 2981 4055 96511 3305 3233 4396 430012 3562 3485 4738 4634Add each add. person

$257 252 $342 335



(2) through (5) No change.Specific Authority 409.919 FS. Law Implemented 409.903, 409.904, 409.919FS. History–New 10-8-97, Amended 12-9-99, 2-15-01, 11-26-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Rodney McInnis, Operations Review SpecialistNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Audrey Mitchell, ProgramAdministrator, Public Assistance Policy Bureau – PolicySupport UnitDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 10, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: March 8, 2002

FISH AND WILDLIFE CONSERVATION COMMISSIONFreshwater Fish and WildlifeRULE TITLE: RULE NO.:Quota Hunt Permits and Special-Opportunity

Permits – Application; Selection; Issuance 68A-5.005PURPOSE AND EFFECT: The purpose of the proposedchanges is to modify the permit selection procedures forspecial-opportunity hunts to establish a selection preference forunsuccessful applicants and to apportion permits amongresidents and non-residents. SUMMARY: The proposed changes would establish apreference for special-opportunity hunt applicants who wereunsuccessful the previous year. Each application submitted bypreference-eligible applicants will count as two applicationsfor the purpose of the drawing thereby doubling thatindividual’s chances for being selected for the same WMA andsame type of hunt.The proposed changes would limit the proportion ofspecial-opportunity hunt permits available for non-residents.Under this proposal, no more than 10% of the total permits

available for each specific hunt would be available for issuanceto non-residents, except where 10% is less than one permit, inwhich case 1 permit may be available for non-residents.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: It is estimated that the proposedaction will cost the agency approximately $275 foradministrative preparation and $183 for legal advertising. Noother significant economic impacts are expected.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.A HEARING ON THE PROPOSED RULE WILL BE HELDAT THE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 a.m., each day, May 29, 30 and 31,2002PLACE: World Golf Village Renaissance Resort, 500 SouthLegacy Trail, St. Augustine, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68A-5.005 Quota Hunt Permits and Special-OpportunityPermits – Application; Selection; Issuance.

(1) through (2) No change.(a) through (l) No change.(m) Notwithstanding other provisions of this rule,

unsuccessful applicants for special-opportunity hunts shall beeligible to receive preference in the drawing the subsequentyear. Preference shall only apply to applications submitted forthe same type of hunt and for the same area for which theapplicant was unsuccessful in receiving a permit the previousyear. The preference factor shall be that each such applicationsubmitted will count as two applications for the purpose of thedrawing. The preference factor shall remain in effect for eachsuccessive year provided an application is submitted annuallyor until such time that a permit is issued.

(n) No more than ten percent of the special-opportunitypermits for each specific hunt shall be issued to non-residentsprovided that at least one permit may be available to anon-resident in the event that the ten percent calculation resultsin a number less than one.

(3) through (4) No change.Specific Authority Art. IV, Sec. 9 , Fla. Const. Law Implemented Art. IV, Sec.9, Fla. Const., 372.57(4)(f) FS. History–New 7-1-85, Formerly 39-5.05,Amended 6-1-86, 5-10-87, 4-13-88, 7-1-89, 4-11-90, 4-14-92, 6-1-97, 4-12-98,Formerly 39-5.005, Amended 6-23-99 ,________.

Filing Unit Size





1 $997 967 $1293 1253 $1366 1325 $1477 1432 2 1344 1307 1742 1694 1841 1790 1990 1935 3 2316 2256 2504 2439 4 2791 2722 3017 2942 5 3266 3187 3530 3445 6 3741 3653 4044 3949 7 4215 4118 4557 4452 8 4690 4584 5070 4955 9 5165 5049 5584 545910 5640 5515 6097 596211 6115 5981 6610 646512 6590 6446 7124 6969Add each add. person

$475 466 $514 504



NAME OF PERSON ORIGINATING PROPOSED RULE:Timothy A. BreaultNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Dr. Allan L. EgbertDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 9, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: November 30, 2001

FISH AND WILDLIFE CONSERVATION COMMISSIONFreshwater Fish and WildlifeRULE TITLE: RULE NO.:Permits for Hunting or Other Recreational

Use on Type I Wildlife Management Areas 68A-9.004PURPOSE AND EFFECT: The purpose of the proposedchanges is to establish a recreational user permit fee and quotafor Twelve Mile Swamp Wildlife Management Areadepending upon the outcome of negotiations with thelandowner.SUMMARY: The proposed changes would establish arecreational user permit fee and quota for Twelve Mile SwampWildlife Management Area. The specific permit fee and quotawill be determined through negotiations with the landowner.SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: It is estimated that the proposedaction will cost the agency approximately $185 foradministrative preparation and $115 for legal advertising. Noother significant economic impacts are expected.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.A HEARING ON THE PROPOSED RULE WILL BE HELDAT THE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 a.m., each day, May 29, 30 and 31,2002PLACE: World Golf Village Renaissance Resort, 500 SouthLegacy Trail, St. Augustine, Florida 32092THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68A-9.004 Permits for Hunting or Other Recreational Useon Type I Wildlife Management Areas.

(1) No change.(a) No change.

(b) The cost of recreational user permits as required forhunting on the following privately owned wildlife managementareas as provided by s. 372.57(4)(b)2., F.S., shall be:

1. Nassau WMA – $1972. San Pedro Bay WMA – $2253. Moore’s Pasture WMA – $1254. Bluewater Creek – $1805. Flint Rock – $2066. Twelve Mile Swamp – an adjustment to the user pay fee

established by the Commission may be made pursuant tonegotiations with the landowner.

(c) The total number of permits available for each of thefollowing privately owned wildlife management areasestablished pursuant to s. 372.57(4)(b)2., F.S., shall be:

1. Nassau WMA – 6002. San Pedro Bay WMA – 3003. Moore’s Pasture WMA – 5004. Bluewater Creek – 4005. Flint Rock – 4506. Twelve Mile Swamp – an adjustment to the number of

permits established by the Commission may be made pursuantto negotiations with the landowner.

(d) through (f) No change.(2) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 372.121,372.57, 375.313 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82,Formerly 39-9.04, Amended 6-2-86, 11-1-89, 7-16-98, 5-13-99, Formerly39-9.004, Amended 7-1-00, 5-29-01, 7-22-01,________ .

NAME OF PERSON ORIGINATING PROPOSED RULE:Timothy A. BreaultNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Dr. Allan L. EgbertDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 15, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: November 30, 2001

FISH AND WILDLIFE CONSERVATION COMMISSIONFreshwater Fish and WildlifeRULE TITLE: RULE NO.:Specific Regulations for Type I Wildlife

Management Areas – Northeast Region 68A-15.065PURPOSE AND EFFECT: The purpose of the proposedchanges is to establish specific regulations for Twelve MileSwamp Wildlife Management Area depending upon theoutcome of negotiations with the landowner.SUMMARY: The proposed changes would establish specificregulations for Twelve Mile Swamp Wildlife ManagementArea. Specific regulations will be determined throughnegotiations with the landowner.



SUMMARY OF STATEMENT OF ESTIMATEDREGULATORY COST: It is estimated that the proposedaction will cost the agency approximately $275 foradministrative preparation and $375 for legal advertising. Noother significant economic impacts are expected.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.A HEARING ON THE PROPOSED RULE WILL BE HELDAT THE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 a.m., each day, May 29, 30 and 31,2002.PLACE: World Golf Village Renaissance Resort, 500 SouthLegacy Trail, St. Augustine, Florida 32092THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68A-15.065 Specific Regulations for Type I WildlifeManagement Areas – Northeast Region.

(1) through (30) No change.(31) Twelve Mile Swamp Wildlife Management Area.

Proposed area regulations may be modified pursuant tonegotiations with the landowner.Specific Authority Art. IV, Sec. 9 , Fla. Const. Law Implemented Art. IV, Sec.9, Fla. Cons t., 375.313 FS. His tory–New 6-21-82, Amended 6-29-82, 7-1-83,7-5-84, 10-1-84, 7-1-85, 5-7-86, 5-10-87, 5-1-88, 7-1-89, 12-19-89, 7-1-90,7-1-91, 7-2-91, 7-2-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97,7-1-98, 7-2-98, 8-11-98, 12-28-98, 7-1-99, Formerly 39-15.065, Amended12-20-99, 7-1-00, 12-26-00, 7-1-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Timothy A. BreaultNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Dr. Allan L. EgbertDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 15, 2002 DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: November 30, 2001

FISH AND WILDLIFE CONSERVATION COMMISSIONMarine FisheriesRULE TITLES: RULE NOS.:Minimum Size Limits 68B-24.003Bag Limit 68B-24.004Gear: Traps, Buoys, Identification

Requirements, Prohibited Devices 68B-24.006

PURPOSE AND EFFECT: The purpose of these ruleamendments is to increase the number of undersize spinylobster that may be possessed aboard a commercial trappingvessel for use as attractants, clarify the vessel possession limitapplicable to special recreational harvesters, and specify slatspacing in wood traps allowed to be armored with wire onvertical surfaces. The effect of these changes will be to allowcommercial spiny lobster trappers more flexibility in movingand baiting trap lines, assure that special recreationalharvesters cannot possess more spiny lobster aboard a vesselthan was originally intended, and clarify that armored woodtraps must be capable of harvesting spiny lobster prior to wirebeing attached on the vertical surfaces.SUMMARY: Subsection (3) of Rule 68B-24.003, F.A.C., isamended to allow commercial spiny lobster trappers to possess50 undersize lobsters to use as attractants plus one undersizelobster for each trap aboard the vessel. Subsection (3) of Rule68B-24.004, F.A.C., is amended to clarify that the vesselpossession limit applicable to special recreational harvesters ofspiny lobster is 50 regardless of the number of special orregular harvesters aboard the vessel. Paragraph (2)(a) of Rule68B-24.006, F.A.C., is amended to specify minimum andmaximum spacing of wood slats in traps using wire forarmoring, beginning in August, 2003.A STATEMENT OF ESTIMATED REGULATORY COSTHAS NOT BEEN PREPARED REGARDING THESEPROPOSED RULES: None prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.A HEARING ON THE PROPOSED RULE WILL BE HELDDURING THE COMMISSION’S REGULAR MEETING, ATTHE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 a.m. – 5:00 p.m., each day, May29-31, 2002PLACE: World Golf Village Renaissance Resort, 500 SouthLegacy Trail, St. Augustine, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68B-24.003 Minimum Size Limits. (1) through (2) No change.(3) The holder of a valid crawfish license or trap number,

lobster trap certificates, and a valid saltwater products licenseissued by the Fish and Wildlife Conservation Commission may



harvest and possess, while on the water, undersized spinylobster not exceeding 50 per boat and or 1 per trap aboard eachboat, whichever is greater, if used exclusively for luring,decoying, or otherwise attracting noncaptive spiny lobster intotraps. Such undersized spiny lobster shall be kept alive, whilein possession, in a shaded continuously circulating live wellwith pump capacity to totally replace the water at least every 8minutes and large enough to provide at least 3/4 gallon ofseawater per lobster. All undersized lobster so maintained shallbe released to the water alive and unharmed immediately uponleaving the trap lines and prior to 1 hour after official sunset.

(4) through (5) No change.Specific Authority Art IV, Sec. 9 , Fla. Const. Law Implemented Art IV, Sec. 9,Fla. Cons t. History–New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, Formerly46-24.003, Amended_______.

68B-24.004 Bag Limit.(1) through (2) No change.(3) Special Recreational Crawfish (Spiny Lobster) Bag

Limit – No person who possesses a valid special recreationalcrawfish license issued by the Fish and Wildlife ConservationCommission pursuant to Section 370.063, Florida Statutes,shall harvest in any one day during the regular season specifiedin Rule 68B-24.005(1), more than 50 spiny lobster; provided,however, when one two or more persons possessing a validspecial recreational crawfish license such harvesters are aboarda single vessel in or on state waters, together with any numberof regular recreational harvesters, no more than 50 spinylobster shall be possessed aboard such vessel, irrespective ofthe number of regular recreational harvesters also aboard.

(4) No change.Specific Authority Art IV, Sec. 9 , Fla. Const. Law Implemented Art IV, Sec. 9,Fla. Const. His tory–New 7-2-87, Amended 7-2-90, 7-1-92, 6-1-94, 10-4-95,Formerly 46-24.004 , Amended_________.

68B-24.006 Gear: Traps, Buoys, IdentificationRequirements, Prohibited Devices.

(1) No change.(2) No person shall, in state waters, fish with, set, place, or

cause to be fished with, set, or placed, any trap except a woodtrap or plastic trap meeting the following specifications:

(a) Wood slat traps shall be no larger in dimension than 3feet, by 2 feet, by 2 feet, or the volume equivalent. Such trapsmay be reinforced with wire mesh no heavier than 9 gauge,which shall only be affixed to the wood slats constituting thevertical surfaces of such traps. Beginning August 1, 2003,wire-reinforced wooden slat traps shall be constructed withwood slats that are a minimum of 1 1/4 inches wide, with amaximum spacing between slats of 2 1/4 inches.

(b) Plastic traps shall be no larger in dimension than 3 feet,by two feet, by 2 feet, or the volume equivalent, and shall havea degradable panel no smaller than 6 inches in length and 4inches in width located on the top horizontal section of the

trap. The panel shall only be considered degradable if it isconstructed of cypress or untreated pine slats no thicker than3/4 inch.

(c) The throats or entrances to all traps used to harvestspiny lobster shall be located on the top horizontal section ofthe trap, and shall be measured using the inside dimensions ofthe throat. If the throat is longer in one dimension, the throatsize in the longer dimension shall not be smaller than 6 inchesand in the shorter dimension shall not be smaller than 3 1/2inches. If the throat is round or square, the throat size shall notbe smaller than 5 1/2 inches in diameter or per side,respectively.

(3) through (9) No change.Specific Authority Art IV, Sec. 9 , Fla. Const. Law Implemented Art IV, Sec. 9,Fla. Const. History–New 7-2-87, Amended 7-2-90, 3-1-92, 7-1-92, 6-1-94,10-4-95, 9-30-96, 6-1-99, 7-1-01, Formerly 46-24.006, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE:Florida Fish and Wildlife Conservation CommissionNAME OF SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Dr. Allan L. EgbertDATE PROPOSED RULE APPROVED BY AGENCYHEAD: April 4, 2002DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: April 19, 2002

FISH AND WILDLIFE CONSERVATION COMMISSIONMarine FisheriesRULE TITLE: RULE NO.:Big Bend Region Closed Areas;

Seasonal Closures 68B-31.017PURPOSE AND EFFECT: The purpose of this ruleamendment is to adjust the Big Bend Region closure line inDixie County to allow shrimping on 5,900 acres of bottompreviously closed. The adjustment gives relief to the county’slive bait shrimp harvesters, while continuing to protect thearea’s shallowest nursery waters. The effect will be to makewaters closer to shore available for shrimpers and reduce theirtransportation costs.SUMMARY: Subsection (1) of Rule 68B-31.017, F.A.C., isamended to adjust the shrimping closure in Dixie Countyslightly to the north, to allow additional area for shrimping.A STATEMENT OF ESTIMATED REGULATORY COSTHAS NOT BEEN PREPARED REGARDING THESEPROPOSED RULES.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.



A HEARING ON THE PROPOSED RULE WILL BE HELDDURING THE COMMISSION’S REGULAR MEETING ATTHE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 a.m. – 5:00 p.m., each day, May29-31, 2002PLACE: World Golf Renaissance Resort, 500 South LegacyTrail, St. Augustine, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68B-31.017 Big Bend Region Closed Areas; SeasonalClosures.

(1) Beginning January 1, 1994, no person shall harvestshrimp in the areas of Wakulla, Jefferson, Taylor, Dixie, Levy,Citrus, Hernando, and Pasco Counties landward of the linedescribed as:Beginning at Bailey's Bluff in Pasco County (Point A); thencenortherly to Point B; thence northeasterly to Point C; thencenortherly to Point D; thence northeasterly to Point E; thencenortherly to Point F; thence northwesterly to Point G; thencenortherly to Point H; thence northwesterly to Point I; thencenortherly to Point J; thence northwesterly to Point K; thencesouthwesterly to Point L; thence northwesterly to Point M;thence northerly to Point N; thence northwesterly to Point O;thence northerly to Point P; thence northwesterly to Point Q;thence northerly to Point R; thence northwesterly to Point S;thence southwesterly to flashing channel marker #1 in St.Marks Channel; thence northerly to the St. Marks Lighthouse.Points B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, and Sare expressed as follows by longitude and latitude and Lorannotations (Loran notations are unofficial and are included onlyfor the convenience of fishers.):

Loran Chain North WestPoint W X Y Z Latitude LongitudeB 44930 62920 28° 16.68' 82° 47.21'C 44930 62910 28° 18.28' 82° 45.68'D 45000 62910 28° 26.93' 82° 45.95'E 45000 62900 28° 28.43' 82° 44.49'F 14375 62900 28° 43.53' 82° 45.22'G 14375 62910 28° 44.38' 82° 46.71'H 14410 62910 28° 57.91' 82° 47.53'I 14410 62930 28° 59.41' 82° 50.41'J 14420 62930 29° 03.28' 82° 50.66'K 14420 45420 29° 06.91' 82° 57.81'L 14405 45420 29° 03.38' 83° 01.42'M 14405 63060 29° 07.30' 83° 08.78'N 14440 63110 29° 22.98' 83° 15.89'O 14440 63190 29° 29°58' 83° 26.72'

29° 28.22' 83° 26.58'P 14470 63190 29° 38.25' 83° 26.66'Q 14475 63250 29° 43.36' 83° 34.39'R 14495 63295 29° 52.40' 83° 40.11'S 14495 46450 30° 00.04' 84° 07.63'

(2) No person shall harvest shrimp in the Big Bend Regionas a food shrimp producer during the period beginning July 1and continuing through August 31 of each year.Specific Authority Art. IV, Sec. 9 , Fla. Const. Law Implemented Art. IV, Sec.9, Fla. Cons t. History–New 11-29-93, Formerly 46-31.017, Amended________.


FISH AND WILDLIFE CONSERVATION COMMISSIONMarine FisheriesRULE TITLE: RULE NO.:Horseshoe Crabs Harvest Restrictions:

License Requirements, Gear Specifications, Daily Bag and Possession Limits 68B-46.002

PURPOSE AND EFFECT: The purpose of this ruleamendment is to implement a permitting system for thecollection of horseshoe crabs for biomedical purposes.Secondarily, horseshoe crabs are declared to be saltwaterproducts for purposes of reporting landings of the animals. Theeffect of this rulemaking will be to provide the informationnecessary to fully assess the biological health of horseshoecrab populations and the impact of biomedical collection andrelease.SUMMARY: Subsection (1) of Rule 68B-46.002, F.A.C., isamended to state that horseshoe crabs are considered saltwaterproducts under s. 370.07(6), F.S. Subsection (3) of the rule isamended to add a new sub-subparagraph (3)(b)3., whichestablishes a new Horseshoe Crab Biomedical CollectingPermit. The permit will allow such collectors to temporarilypossess horseshoe crabs for the purpose of collecting the bloodof the animal. The rule amendment also requires an annualreport to allow the FWCC to assess the effect of this use of theresource. The reports are to be made on a form incorporated byreference.A STATEMENT OF ESTIMATED REGULATORY COSTHAS NOT BEEN PREPARED REGARDING THESEPROPOSED RULES: None prepared.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.



A HEARING ON THE PROPOSED RULE WILL BE HELDDURING THE COMMISSION’S REGULAR MEETING ATTHE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 a.m. – 5:00 p.m., each day, May29-31, 2002PLACE: World Golf Village Renaissance Resort, 500 SouthLegacy Trail, St. Augustine, Florida.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68B-46.002 Horseshoe Crabs Harvest Restrictions:License Requirements, Gear Specifications, Daily Bag andPossession Limits.

(1) No person shall harvest, possess, or sell any horseshoecrab unless that person possesses a valid saltwater productslicense. Horseshoe crabs shall be considered saltwater productsfor purposes of Section 370.07(6), Florida Statutes.

(2) The harvest or attempted harvest of any horseshoe crabby or with the use of any means or gear other than by hand orgig is prohibited.

(3)(a) Except as provided in paragraph (b), no person shallharvest in any day, within or without the waters of the state,land, or possess while in or on the waters of the state more than25 horseshoe crabs. No such person shall possess more than 25horseshoe crabs while in, on, or above the waters of the state oron any dock, pier, bridge, beach, or other fishing site adjacentto such waters.

(b)1. The following bag and possession limits apply to aperson with a valid saltwater products license with a marinelife endorsement:

a. No such person shall harvest in any one day, within orwithout the waters of the state, land, or possess while in or onthe waters of the state more than 100 horseshoe crabs.

b. No such person shall possess more than 100 horseshoecrabs while in, on, or above the waters of the state or on anydock, pier, bridge, beach, or other fishing site adjacent to suchwaters.

2. The following bag and possession limits apply to aperson with a valid saltwater products license and a validpermit to harvest eels commercially in the freshwaters of thestate:

a. No such person shall harvest in any one day, within orwithout the waters of the state, land, or possess while in or onthe saltwaters of the state more than 100 horseshoe crabs.

b. No such person shall possess more than 100 horseshoecrabs while in, on, or above the saltwaters of the state or on anydock, pier, bridge, beach, or other fishing site adjacent to suchwaters.

3. The following provisions apply to each personcollecting horseshoe crabs for biomedical purposes:

a. No person shall collect horseshoe crabs for biomedicalpurposes without possessing a valid Horseshoe CrabBiomedical Collecting Permit. This is not a harvesting permit,but rather, allows the holder to temporarily possess horseshoecrabs for the purpose of collecting the blood of the animal.

b. Horseshoe crabs collected for biomedical purposes shallbe handled so as to minimize injury, maintained alive, andreleased alive in the area where collected.

c. Persons possessing a valid Horseshoe Crab BiomedicalCollecting Permit are exempted from bag and possession limitsspecified in paragraph (a) of this subsection, if the horseshoecrabs collected are maintained and released alive.

d. The Horseshoe Crab Biomedical Collection Permit shallbe renewed each year if the holder files the report required insubparagraph e.

e. Each person holding a Horseshoe Crab BiomedicalCollection Permit shall file with the Division of MarineFisheries by May 1 each year a report detailing the use ofhorseshoe crabs. Such reports will be filed on forms providedby the Division (Form DMF-HSC001 (7-02)) and will include,a monthly account of the number of crabs collected, areaswhere horseshoe crabs were collected, statement of percentmortality up to the point of release, and a certification thatcollected horseshoe crabs are solely used by the biomedicalfacility for biomedical purposes and not for other purposes.Specific Authority Art. IV, Sec. 9 , Fla. Const. Law Implemented Art. IV, Sec.9, Fla. Const. History–New 3-30-00, Amended_________.


FISH AND WILDLIFE CONSERVATION COMMISSIONMarine ResourcesRULE TITLE: RULE NO.:Commission Policy Regarding the Assessment

of Administrative Penalties 68E-18.010PURPOSE AND EFFECT: The purpose of this new rule is toestablish the policy of the Fish and Wildlife ConservationCommission regarding the assessment of administrativepenalties against those who fish spiny lobster traps without traptags required by law and rule. The effect of this rule will be toplace violators on notice how the Commission will mete outpenalties within the maximums establish by law for this seriousoffense.



SUMMARY: Proposed new Rule 68E-18.010, F.A.C.,establishes the Commission’s policy for assessingadministrative penalties for first, second, and third andsubsequent violations involving use of spiny lobster trapswithout current year trap tags attached thereto. A STATEMENT OF ESTIMATED REGULATORY COSTHAS NOT BEEN PREPARED REGARDING THESEPROPOSED RULES.Any person who wishes to provide information regarding thestatement of estimated regulatory costs, or to provide aproposal for a lower cost regulatory alternative must do so inwriting within 21 days of this notice.SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.A HEARING ON THE PROPOSED RULE WILL BE HELDDURING THE COMMISSION’S REGULAR MEETING ATTHE TIME, DATES AND PLACE SHOWN BELOW:TIME AND DATES: 8:30 – 5:00 p.m., each day, May 29-31,2002PLACE: World Golf Village Renaissance Resort, 500 SouthLegacy Trail, St. Augustine, FloridaTHE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE AND ECONOMIC STATEMENT IS:James Antista, General Counsel, Florida Fish and WildlifeConservation Commission, 620 South Meridian Street,Tallahassee, Florida 32399-1600


68E-18.010 Commission Policy Regarding theAssessment of Administrative Penalties.It shall be the policy of the Commission to assessadministrative penalties pursuant to s. 370.142(2)(c)4, FloridaStatutes, for a violation involving use of spiny lobster trapswithout current year trap tags as required by s. 370.142(2)(b),F.S.

(1) For a first violation of the referenced regulation, apenalty of up to $1000 shall be assessed and the crawfish trapnumber (also known as the crawfish endorsement) issuedpursuant to s. 370.142(2), F.S., may be suspended for theremainder of the current license year. The Commission shallassess these penalties as follows:

(a) $25 per untagged trap for the possession or use of up toand including 20 untagged lobster traps;

(b) $1000 and suspension of the crawfish endorsement forthe remainder of the current license year for possession or useof 21 or more untagged lobster traps.

(2) For a second violation of the referenced regulationoccurring within 24 months of any previous such violation, anadministrative penalty of up to $2000 shall be assessed and thecrawfish endorsement may be suspended for the remainder ofthe current license year. The Commission shall assess thesepenalties as follows:

(a) $50 per untagged trap for the possession or use of nine(9) or fewer such traps plus suspension of the crawfishendorsement for the remainder of the current license year;

(b) $75 per untagged trap for possession or use of 10 up toand including 20 such traps plus suspension of the crawfishendorsement for the remainder of the current license year;

(c) $2000 and suspension of the crawfish endorsement forthe remainder of the current license year for possession or useof 21 or more untagged spiny lobster traps.

(3) For a third or subsequent violation within 36 months ofany previous two such violations, an administrative penalty ofup to $5000 shall be assessed and the crawfish endorsementmay be suspended for up to 24 months or permanently revokedor the Commission may proceed against the saltwater productslicense pursuant to s. 370.021(2)(e), F.S. The Commissionshall assess these penalties as follows:

(a) $100 per untagged spiny lobster trap and suspension ofthe crawfish endorsement for 12 months for possession or useof one (1) to nine (9) untagged traps;

(b) $250 per untagged spiny lobster trap and suspension ofthe crawfish endorsement for 24 months for possession or useof 10 to 19 untagged traps ;

(c) $5000 and revocation of the crawfish endorsement andsaltwater products license for possession or use of 20 or moreuntagged spiny lobster traps.Specific Authority Art. IV, Sec. 9 , Fla. Const. Law Implemented Art. IV, Sec.9, Fla. Const. History–New_________.


Section III Notices of Changes, Corrections and

Withdrawals

DEPARTMENT OF STATEDivision of ElectionsRULE NO.: RULE TITLE:1S-2.032 Uniform Primary and General

Election BallotNOTICE OF CHANGE

Notice is hereby given that proposed Rule 1S-2.032, publishedin the Florida Administrative Weekly, Pages 5844-5845, Vol.27, No. 50, on December 14, 2001, has been changed to reflect

Section III - Notices of Changes, Corrections and Withdrawals 1925


comments received from the public as well as the JointAdministrative Procedures Committee. Changes were made toRule 1S-2.032, F.A.C., so that it now reads:

(1) The purpose of this rule is to prescribe a uniformprimary and general election ballot design for each certifiedvoting system.

(2) The title shall be printed across the top of an opticalscan ballot and on the first ballot screen of a touchscreen ballotin all caps bold.

(a) The title of the presidential preference primary ballotshall read as follows:Line one – OFFICIAL PRESIDENTIAL PREFERENCEPRIMARY BALLOT Line two – __________________________________PARTYLine three – ______________________COUNTY, FLORIDA Line four – _____(date)_______________________________

(b) The title of the primary ballot shall read as follows:Line one – OFFICIAL PRIMARY BALLOT Line two – __________________________________PARTYLine three – ______________________COUNTY, FLORIDALine four – _______(date)____________________________

(c) The title of the general election ballot shall read asfollows:Line one – OFFICIAL GENERAL ELECTION BALLOT Line two – _______________________COUNTY, FLORIDALine three – ______(date)____________________________

(3) Ballot instructions shall be printed directly under thetitle on the front side of an optical scan paper ballot and on thefirst ballot screen of a touchscreen ballot. For a touchscreenballot, the ballot instructions may appear at any point beforethe listing of candidates or may be prominently posted in eachvoting booth.

(a) For optical scan voting systems, the following shallapply:

1. The ballot instructions for those certified voting systemsusing ovals to be filled in next to the voter ’s choice, shall readas follows: a.• TO VOTE, COMPLETELY FILL IN THE OVAL •

NEXT TO YOUR CHOICE.• Use only the marking device provided or a number 2

pencil. • If you make a mistake, don’t hesitate to ask for a new

ballot. If you erase or make othermarks, your vote may not count.b. In a general election, if there are write-in candidates,

add the following: • To vote for a candidate whose name is not printed on the

ballot, fill in the oval, and write in the candidate’s name on the blank line provided for a write-in candidate.

2. The ballot instructions for those certified voting systemsusing an arrow to point to the voter’s choice, shall read asfollows: a.• TO VOTE, COMPLETE THE ARROW _ > _--- >

POINTING TO YOUR CHOICE.• Use only the marking device provided or a number 2

pencil. • If you make a mistake, don’t hesitate to ask for a new

ballot. If you erase or make other marks, your vote may not count.b. In a general election, if there are write-in candidates,

add the following: • To vote for a candidate whose name is not printed on the

ballot, complete the arrow, and write in the candidate’s name on the blank line provided for a write-in candidate.(b) For certified touch screen voting systems the following

shall apply:1. For the Global ES 2001 Blended system, the

instructions shall be as follows:a.• Make your selection by touching the screen on the

candidate’s name or anywhere in the candidate area or on the Yes or No position until the X appears.

• If you change your mind, touch the candidate’s name or the Yes or No position again to undo the mark.

• Touch the NEXT button at the bottom right of the screen to move to the next ballot page.

• Touch the PREVIOUS button at the bottom left of the screen to move back one page.

• Touch CAST BALLOT button on the last ballot screen to record your vote.

• To begin voting, touch the START button. (This instruction may be modified to instruct the voter to touch the NEXT button, if necessary, because of the placement of the instructions.)b. In a general election, if there are write-in candidates,

add the following prior to the cast ballot instruction:• To vote for a candidate whose name is not printed on the

ballot, touchWRITE-IN and a touch keyboard will appear. Key in thecandidate’s name on the keyboard and then touch RECORDWRITE-IN.

2. For the ES&S iVotronic, the instructions shall be asfollows:a.• Make your selection by touching the screen on the box to

the right of the candidate or response of your choice or anywhere in the candidate area until the X appears.

• If you change your mind, touch the new choice and the X will appear on your new choice.


1926 Section III - Notices of Changes, Corrections and Withdrawals


• Touch the PREVIOUS button at the bottom right of the screen to move back one page.

• Touch REVIEW BALLOT on the last ballot page to review your selections.

• Press the red VOTE button at the top of the machine to cast your ballot.

• To begin voting, touch the NEXT button.b. In a general election, if there are write-in candidates,

add the following prior to the cast ballot instruction:• To vote for a candidate, whose name is not printed on the

ballot, touch the WRITE-IN candidate box and a touch keyboard will appear. Key in the candidate’s name and then touch ACCEPT. 3. For the Sequoia AVC Edge, the instructions shall be as

follows:a.• Make your selection by touching the screen on the circle to

the right of the candidate or response of your choice or anywhere in the candidate area until the check mark appears.

• If you change your mind, touch the check mark again to undo the mark.


• Touch the BACK button at the bottom left of the screen to move back one page.

• Touch the yellow CAST VOTE button in the middle of the last screen to cast your ballot.

• To begin voting, touch the NEXT button.b. In a general election, if there are write-in candidates,

add the following prior to the cast vote instruction:• To vote for a candidate, whose name is not printed on the

ballot, touch WRITE-IN on the bottom of the list of candidates and a touch keyboard will appear. Key in the candidate’s name on the keyboard, then touch OK.(4) Following the instructions, the headings, office titles,

and candidates shall be listed in the order provided in s.101.151, F.S. The headings and office titles shall be in all capsbold. The last name of the candidate shall be in all caps. Thefirst name shall be in upper and lower case.

(5) Under each office heading shall be printed “(Vote forOne)”. For joint candidacies, there shall be printed “(Vote forOne Pair)”. In races where more than one vote is permitted,there shall be printed “(Vote for no more than (enter # to beelected))”.

(6) The marking space for a voter to mark a choice shall beas follows:

(a) For Global Accuvote, on the left of the voter’s choice.(b) For ES&S and Sequoia Optech, on the right of the

voter’s choice.(c) For ES&S M-100, 150, and 550, on the left of the

voter’s choice.

(d) For Global ES 2001 Blended, on the left of the voter’schoice.

(e) For ES&S iVotronic, on the right of the voter’s choice.(f) For Sequoia AVC Edge, on the right of the voter’s

choice.(7) When required, the appropriate abbreviation of a party

name or no party affiliation shall be to the right of thecandidate’s name.

(8) No race shall appear in more than one column on anoptical scan ballot or on more than one screen of a touchscreenballot. If in any election there are more candidates than will fitin one column or screen, the supervisor of elections shallcertify that fact and provide a copy of the proposed ballot to theDivision of Elections for approval prior to distribution.

(9) On optical scan ballots, when races and/or questionsare printed on both sides of the ballot, the words “VOTEBOTH SIDES OF BALLOT” shall be printed on the bottomof the front and back of the ballot in all caps bold.

(10) For counties offering multiple languages ontouchscreen ballots, the language choice may appear prior tothe first ballot screen.

(11) The ballot title for an issue shall be in upper andlower case bold. The substance of the issue shall be in upperand lower case. YES and NO shall be in all caps bold.

(12) When a primary includes one or more UniversalPrimary Contests as defined in Rule 1S-2.002, F.A.C., thefollowing shall apply:

(a) The words “Universal Primary Contest” shall appearunderneath the office title of the Universal Primary Contestand before the “(Vote for …)” text.

(b) The names of all candidates for all partisan offices,including candidates for the Universal Primary Contest, shallbe displayed with an appropriate abbreviation of party name.

(13) Each supervisor of elections shall determine the fontsizes based on the number of candidates and races on theballot. However, on optical scan ballots no font size shall besmaller than 10 point and on touchscreen ballots, the ballotimage displayed to the voter on the screen must measure noless than 10 point. On any ballot, each category shall haveconsistent font sizes. For example, if one candidate’s name isin 10 point type, the names of all candidates on that ballot shallbe in 10 point type.

(14) If in any election there are more candidates than willfit in one column or screen, or a candidate’s name is so longthat the party abbreviation will not fit to the right of thecandidate’s name, or a candidate’s name is too long to fit onone line in the minimum font size, the supervisor of electionsshall certify that fact and provide a copy of the proposed ballotto the Division of Elections for approval prior to distribution ofthe ballot.

(15) All other specifications for ballots must comply withthe Florida Election Code.



(16)(13) A primary ballot for the Global Accuvotecertified voting systems using ovals to be filled in next to thevoter’s choice shall be substantially in accordance with FormDS-DE 30, eff. 4/02 11/01, hereby incorporated by referenceand available from the Division of Elections. A generalelection ballot for the Global Accuvote certified votingsystems using ovals to be filled in next to the voter’s choiceshall be substantially in accordance with Form DS-DE 31, eff.4/02 1/01, hereby incorporated by reference and available fromthe Division of Elections.

(17)(14) A primary ballot for ES&S Optech certifiedvoting systems using an arrow to point to the voter’s choiceshall be substantially in accordance with Form DS-DE 32, eff.4/02 11/01, hereby incorporated by reference and availablefrom the Division of Elections, or Form DS-DE 33, eff. 11/01,hereby incorporated by reference and available from theDivision of Elections. A general election ballot for ES&SOptech certified voting systems using an arrow to point to thevoter’s choice shall be substantially in accordance with FormDS-DE 33 43, eff. 4/02 11/01, hereby incorporated byreference and available from the Division of Elections.

(18) A primary ballot for Sequoia Optech voting systemsshall be substantially in accordance with Form DS-DE 64, eff.4/02, hereby incorporated by reference and available from theDivision of Elections. A general election ballot for SequoiaOptech voting systems shall be substanially in accordance withForm DS-DE 65, eff. 4/02, hereby incorporated by referenceand available from the Division of Elections.

(19) A primary ballot for ES&S M-100, 150, and 550voting systems shall be substantially in accordance with FormDS-DE 16, eff. 4/02, hereby incorporated by reference andavailable from the Division of Elections. A general electionballot for ES&S M-100, 150, and 550 voting systems shall besubstantially in accordance with Form DS-DE 17, eff. 4/02,hereby incorporated by reference and available from theDivision of Elections.

(20)(15) A primary ballot for Global ES 2001 Blendedcertified touchscreen voting systems shall be substantially inaccordance with Form DS-DE 44, eff. 4/02 12/01, herebyincorporated by reference and available from the Division ofElections. A general ballot for Global ES 2001 Blendedcertified touchscreen voting systems shall be substantially inaccordance with Form DS-DE 45, eff. 4/02 12/01, herebyincorporated by reference and available from the Division ofElections.

(21) A primary ballot for ES&S iVotronic touchscreenvoting system shall be substantially in accordance with FormDS-DE 22, eff. 4/02, hereby incorporated by reference andavailable from the Division of Elections. A general electionballot for ES&S iVotronic touchscreen voting system shall besubstantially in accordance with Form DS-DE 23, eff. 4/02,hereby incorporated by reference and available from theDivision of Elections.

(22) A primary ballot for Sequoia AVC Edge touchscreenvoting system shall be substantially in accordance with FormDS-DE 46, eff. 4/02, hereby incorporated by reference andavailable from the Division of Elections. A general electionballot for Sequoia AVC Edge touchscreen voting system shallbe substantially in accordance with Form DS-DE 47, eff. 4/02,hereby incorporated by reference and available from theDivision of Elections.

(23) The ES&S iVotronic audio ballot must provide thefollowing:

(a) Instructions.1. Language instructions shall be as follows:a. If English is the only language available, the message

“Press the diamond button to begin voting” shall be given.b. If multiple language choices are available, the following

message shall be given: “Please select your ballot language.Select your choice by using the down arrow button. Press thediamond shaped select button to confirm your choice.” Thismessage is to be read audibly in each language allowed as achoice until a selection is made.

2. General instructions shall be as follows:a. “To repeat these instructions press the up arrow. You

will be notified at completion. The up and down arrows controlyour movement from contest to contest and candidate tocandidate. To vote a contest you must press the diamondshaped button to enter the candidate or issue selections.Moving up or down through the candidates or issues will bringyou back to the contest titles. When you arrive at a contest, theselections for that contest will be repeated to you so that youmay review your ballot at any time. If you wish to change yourselection, you may do so by moving to your new choice andselecting it by pressing the diamond button. To begin voting,press the diamond button. End of instructions.”

b. After the instructions are given and the diamond buttonis pressed, the system will read the election title, date, andnumber of contests on the ballot (election header). Followingthe election header, the system will read the contest number,office title, vote for statement, and number of candidates.

c. After the diamond button is pressed to enter a contest,the system shall read the candidate number, name of candidate,party designation, if required, and an indication of whether ornot the candidate has been selected by the voter.

3. Write-In Instructions: When a voter has selected towrite in the name of a candidate, the following message shallbe given:“Use the down arrow button to begin the alpha selectionprocess. Press the diamond button to select a letter. Navigateusing the up and down arrow buttons. When complete, arrowdown until you reach the return to ballot message at the end ofthe alphabet. Press the diamond button. The write-in candidatewill be read to you. To accept the write-in candidate, press thediamond button.”



4. If the voter tries to overvote a contest, the followingmessage shall be given:“You have already checked the maximum candidates in thiscontest. If you wish to select a different candidate in thiscontest, you must first uncheck a previous selection by movingto that candidate and pressing the diamond button.”

5. At the end of the ballot, the following message shall beread:“You have reached the end of the ballot. To continue, changeor review your ballot, press the diamond button. To reviewyour selections, use the up and down arrow buttons to movethrough the contest titles to hear your selections. To cast yourballot now, press the vote button located at the top center of thevoting terminal.”

6. When a constitutional amendment is on the ballot themessage shall read as follows:• “Constitutional amendment number _____. Proposing an

amendment to Article _____, section of the Florida Constitution.”a. The ballot title will then be read.b. Following the ballot title, the substance of the

amendment shall be read.c. Following the substance of the amendment, the choices

of Yes and No shall be given.(b) All audio ballot instructions and information shall be

given without voice inflection which either favors or disfavorsany potential selection.

(c) The order of the audio ballot shall be the same as theorder of the touchscreen ballot.

(24) All forms referenced in this rule may be obtainedfrom the Division of Elections, Department of State, 107 WestGaines Street, Tallahassee, FL 32399-0250, (850)245-6200.

(16) All other specifications for ballots must comply withthe Florida Election Code.Specific Authority 101.151 FS. Law Implemented 101.151 FS. History–New________.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICESDivision of Agricultural Environmental ServicesRULE CHAPTER NO.: RULE CHAPTER TITLE:5E-14 Entomology and Pest Control

RegulationsRULE NOS.: RULE TITLES:5E-14.102 Definitions5E-14.105 Contractual Agreements in Public's

Interest – Control and Preventive Treatment for Wood-Destroying Organisms

5E-14.108 Fumigation Requirements – General Fumigation

5E-14.1421 Identification Card – Training Verification

NOTICE OF CHANGENotice is hereby given that the following changes have beenmade to the proposed rule in accordance with subparagraph120.54(3)(d)., F.S., published in Vol. 28, No. 7, February 15,2002, issue of Florida Administrative Weekly.WHEN AMENDED THE PROPOSED RULE WILL READAS FOLLOWS:

5E-14.102 Definitions.(10) “Classroom” – A student or students studying a

subject in a setting conducive to learning, other than fieldtraining as required by Section 482.091(3), F.S., with aninstructor or other multimedia instructional tools, computerinstruction, or correspondence courses.Specific Authority 482.051 FS. Law Implemented 482.021 FS. History–New1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.102, Amended8-11-93,________.

5E-14.105 Contractual Agreements in Public's Interest –Control and Preventive Treatment for Wood-DestroyingOrganisms.Specific Authority 482.051 FS. Law Implemented 482.051(3) FS. History–New 1-1-77, Joint Administrative Procedures Committee ObjectionWithdrawn-See FAW Vol. 3, No. 30, July 29, 1977, Amended 6-27-79,10-25-90, Formerly 10D-55.105, Amended 8-11-93,________.

5E-14.108 Fumigation Requirements – GeneralFumigation.

(4) The Department shall issue an immediate stop-use orstop-work order, DACS 13659 (03-02), incorporated byreference, for fumigation performed in a manner that presentsan immediate serious danger to the health, safety or welfare ofthe public. Fumigant use or work cannot be resumed untilcorrections are made, verified and the release section of thestop order is completed by Department personnel.Specific Authority 482.051 FS. Law Implemented 482.051(1), (6), 482.152(3)FS. History–New 1-1-77, Amended 6-22-83, Formerly 10D-55.108, Amended7-5-95, ________.

5E-14.1421 Identification Card – Training Verification.(1) The licensee shall maintain written training records on

all identification cardholders within their employ and makethose records available during routine inspection or uponrequest of the Department. Licensees must maintain thetraining record for at least a two year period.

(2) The Department will accept any one of the followingas verifiable training:

(a) Written record of attendance on a form prescribed bythe Department and furnished by the licensee or trainer, DACS13662 (03-02), which is incorporated by reference, with acomplete copy of all training materials used during the trainingsession that covers the training topics required by Section482.091(10), F.S.; or

(b) Written record of attendance at a Department approvedcertified operator continuing education course on the formprescribed by the Department and furnished by the trainer,



DACS 13325 (01-02), which is incorporated by reference,provided the course content covers the training topics asrequired by Section 482.091(10), F.S.

(3) Each training session shall be at least 50 minutes inlength or one contact hour. Partial contact hours will not beaccepted. Pesticide safety deals with any aspect of pesticideformulation, handling and use. Example topics would include:pesticide types and formulations, human poisoning symptoms,routes of exposure and protective equipment, pesticide storage,transport and use, spray drift and groundwater runoff.Integrated pest management deals with any aspect of pestmanagement. Example topics would include: inspection(locating and monitoring pests), establishing treatmentthresholds, sanitation/habitat modification, trapping, biologicaland use of pesticides, and pesticide application equipment.Applicable federal and state laws and rules deals with anyaspect of government regulation of the pest control industry.Example topics would include: reviewing federal FIFRArequirements, reviewing or discussing modifications toChapter 482, Florida Statutes, and/or Chapter 5E-14, FloridaAdministrative Code, and reviewing other regulatory agenciesor legislative bodies regulations dealing with pesticide use,hazardous waste storage/disposal and/or transportation.Specific Authority 482.051, 482.091(10) FS. Law Implemented 482.091(1),(2), (3), (4), (10) FS. History–New ________.

DEPARTMENT OF CORRECTIONSRULE NO.: RULE TITLE:33-602.210 Use of Force

NOTICE OF CHANGENotice is hereby given that the following changes have beenmade to the proposed rule in accordance with subparagraph120.54(3)(d)1., F.S., published in Vol. 28, No. 5, February 1,2002, issue of the Florida Administrative Weekly:

33-602.210 Use of Force.(1) through (16) No change.(17) Medical Attention Following Use of Force.

Appropriate medical treatment shall be provided in the case ofa riot or other man-made or natural disaster, if an inmate oremployee is injured. Any treatment or follow-up action shallbe documented in section III of Form DC6-230, InstitutionsReport of Force Used. A qualified health care provider shallexamine any person physically involved in a use of forcewithin one working day (Monday through Friday) to determinethe extent of injury, if any, and shall prepare a report whichshall include, but not be limited to, a statement of whetherfurther examination by a physician is necessary. Anynoticeable physical injury shall be examined by a physicianand the physician shall prepare a report documenting the extentof the injury and the treatment prescribed. Such report shall becompleted within 1 day of the incident and shall be submittedto the warden for initial review. The qualified health providerand physician shall use Form DC4-701C, Emergency Room

Record, to document an examination following use of force.Form DC4-708, Diagram of Injury, shall be used along withForm DC4-701C to document obvious physical injuries. Acopy of the report, along with the referenced forms, shall beattached to the Institutions Report of Force Used. The originalreports shall be filed in the medical record.

(18) through (19) No change.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONBoard of Professional EngineersRULE NO.: RULE TITLE:61G15-20.007 Foreign Degrees

AMENDED NOTICE OF CHANGEPursuant to subparagraph 120.54(3)(d)1., F.S., notice is herebygiven that the following changes have been made to theproposed rule and notice of change, as published in the Vol.28, No. 13, March 29, 2002 and Vol. 28, No.15, April 12, 2002issues of the Florida Administrative Weekly. The changes arein response to comments received from the staff at the JointAdministrative Procedures Committee.Rule 61G15-20.007, Subsection (5) shall now read:

(5) The applicant must request an evaluation of substantialequivalency of his or her credentials to ABET standardsthrough Engineering Credentials Evaluation International,P. O. Box 13084, Baltimore, MD 21203-3084.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Natalie Lowe, Administrator, Board ofProfessional Engineers, 2507 Callaway Road, Suite 200,Tallahassee, Florida 32303-5267

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFlorida Real Estate CommissionRULE NO.: RULE TITLE:61J2-17.012 School Records; Class Roster

NOTICE OF CHANGENotice is hereby given that the following changes have beenmade to the proposed rule referenced above in accordance withsubparagraph 120.54(3)(d)1., F.S., originally published in Vol.27, No. 43, October 2001, issue of the Florida AdministrativeWeekly. The changes are in response to comments received bythe Joint Administrative Procedures Committee and for thepurpose of publishing the entire text of the rule as amended andproposed by the Florida Real Estate Commission.

61J2-17.012 School Records; Class Roster.(1) Each person, school, or institution permitted pursuant

to s. 475.451, Florida Statutes, is required to keep registrationrecords, course rosters, attendance records, a file copy of eachexamination and progress test and all student answer sheets for



a period of at least 3 years subsequent to the beginning of eachcourse and make them available to BPR for inspection andcopying upon request.

(2) Each school permitholder of a proprietary real estateschool, chief administrative person of an institution or coursesponsor shall deliver to the Education Section of the Divisionof Real Estate a copy of the classroom course roster of coursesthat require satisfactory completion of an examination no laterthan 30 days beyond the course completion date, or distanceeducation course roster no later than 30 days beyond the end ofthe calendar month in which the course was completed.

(3) The course roster shall consist of the institution orschool name and permit number (if applicable), the instructor'sname and permit number (if applicable), course title, beginningand ending dates of the course, number of course hours, courselocation (if applicable), student's full name, license number (ifapplicable), student's mailing address and the numerical gradethe student achieved. The course roster shall also include thesignature of the school permit holder, chief administrativeperson or course sponsor.Specific Authority 455.2123, 475.05 FS. Law Implemented 455.2123, 475.04,475 FS.

DEPARTMENT OF HEALTH Board of Chiropractic MedicineRULE NO.: RULE TITLE:64B2-12.015 Certified Chiropractic Physician's

Assistant Fees NOTICE OF CHANGE

Notice is hereby given that the following changes have beenmade to the proposed rule in accordance with subparagraph120.54(3)(d)1., F.S., published in the Vol. 28, No. 3, January18, 2002, issue of the Florida Administrative Weekly. Thechanges are in response to comments received from the JointAdministrative Procedures Committee and from the Boardmeeting held on March 22, 2002. The rule shall now read as follows:

64B2-12.015 Certified Chiropractic Physician's AssistantFees.

(1) through (2) No change.(3) The fee for biennial renewal of an active license shall

be $55.00.(4) The fee for biennial renewal of an inactive license shall

be $27.50.(5) The fee to change licensure status shall be $75.00.(6) The fee for reactivation of an inactive license shall be

$50.00.(7) A delinquent status license shall pay a delinquency fee

of $50.00.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Joe Baker, Jr., Board ExecutiveDirector, Board of Chiropractic Medicine, 4052 Bald CypressWay, Bin #C07, Tallahassee, Florida 32399-3257

DEPARTMENT OF HEALTH Board of Chiropractic MedicineRULE NO.: RULE TITLE:64B2-16.003 Guidelines for the Disposition of

Disciplinary Cases NOTICE OF CHANGE

Notice is hereby given that the following changes have beenmade to the proposed rule in accordance with subparagraph120.54(3)(d)1., F.S., published in the Vol. 28, No. 5, February1, 2002, issue of the Florida Administrative Weekly. Thechanges are in response to comments received from the JointAdministrative Procedures Committee and from the Boardmeeting held on March 22, 2002. The rule shall now read as follows:

64B2-16.003 Guidelines for the Disposition ofDisciplinary Cases.

(1) When the Board finds that an applicant or licenseewhom it regulates pursuant to Chapter 460, Florida Statutes,has violated the below-listed provisions, it shall issue a finalorder imposing appropriate penalties, for each count, as setforth in section 456.072(2), F.S., within the rangesrecommended in the following disciplinary guidelines. Theidentification of offenses are descriptive only; the full languageof each statutory provision cited must be considered in order todetermine the conduct included. For all persons subject to this rule, conditions of probation maybe required following any period of suspension of license andprobation will require compliance with conditions as set forthin (3). For applicants, all offenses listed herein are sufficientfor refusal to certify an application for licensure. If the Boardmakes a finding of pecuniary benefit or self-gain related to theviolation, then the Board shall require refund of fees billed andcollected from the patient or a third party on behalf of thepatient. In addition to any other discipline imposed, the Boardshall assess the actual costs related to the investigation andprosecution of a case. In addition to or in lieu of any guidelinepenalties provided herein, if the violation is for fraud ormaking a false or fraudulent representation, the Board shallimpose a fine of $10,000 per count or offense.

(a) through (q) No change.(r) 460.413(1)(j) or 456.072(1)(l), F.S.: negligent filing of

false report – from a minimum fine of $1,000, up to amaximum of one year probation and a fine of $5,000. For asecond offense, a minimum fine of $2,500 and a reprimand to amaximum fine of $10,000 and two years suspension. After thesecond offense, up to a maximum fine of $10,000 and/orrevocation;Willful filing of false report, impeding, or inducing another tofile false report – from a minimum fine of $5,000 and/orsuspension of license for three months, followed by six monthsof probation, up to a maximum of revocation of license. Afterthe first offense, up to a maximum fine of $10,000 and/orrevocation.



(s) through (mm) No change.(nn) 460.413(1)(ff) or 456.072(1)(b), or 456.072(1)(cc),

F.S.: violating this chapter, chapter 456, F.S., or any Boardrules – from a minimum fine of $1,000 and/or a letter ofconcern up to a maximum fine of $5,000 and/or suspension oflicense for two years followed by two years of probation. For asecond offense, from a minimum fine of $5,000 and/or twoyears of probation up to a maximum fine of $10,000 and/orrevocation of license. After the second offense, from aminimum fine of $7,500 and/or six months of suspensionfollowed by probation up to a maximum fine of $10,000 and/orrevocation;

(oo) through (yy) No change.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Joe Baker, Jr., Board ExecutiveDirector, Board of Chiropractic Medicine, 4052 Bald CypressWay, Bin #C07, Tallahassee, Florida 32399-3257

DEPARTMENT OF HEALTH Board of Hearing Aid SpecialistsRULE NO.: RULE TITLE:64B6-2.005 Reexamination

NOTICE OF CHANGENotice is hereby given that the following changes have beenmade to the proposed rule in accordance with subparagraph120.54(3)(d)1., F.S., published in the Vol. 27, No. 45,November 9, 2001, issue of the Florida AdministrativeWeekly. The changes are in response to the Board meetingheld on April 5, 2002. The rule shall now read as follows:

64B6-2.005 Reexamination.(1) No change.(2) No person may further perform any hearing aid

dispensing services if she or he fails to either sit for or pass thenext available examination for which he or she qualifies.

(3) No change.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Sue Foster, Executive Director, Boardof Hearing Aid Specialists, 4052 Bald Cypress Way, Bin#C08, Tallahassee, Florida 32399-3258

Section IV Emergency Rules

DEPARTMENT OF THE LOTTERYRULE TITLE: RULE NO.:Instant Game Number 414, CASINO NIGHTS 53ER02-19SUMMARY OF THE RULE: This emergency rule describesInstant Game Number 414, “CASINO NIGHTS,” for whichthe Department of the Lottery will start selling tickets on a dateto be determined by the Secretary of the Department. The rule

sets forth the specifics of the game, determination ofprizewinners and the estimated odds of winning, number andsize of prizes in the game.THE PERSON TO BE CONTACTED REGARDING THEEMERGENCY 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:

53ER02-19 Instant Game Number 414, CASINONIGHTS.

(1) Name of Game. Instant Game Number 414, “CASINONIGHTS.”

(2) Price. CASINO NIGHTS lottery tickets sell for $5.00per ticket.

(3) CASINO NIGHTS lottery tickets shall have a series ofnumbers in Machine Readable Code (or bar code) on the backof the ticket, along with a Void If Removed Number (VIRN)under the latex area on the ticket. To be a valid winningCASINO NIGHTS lottery ticket, a combination of essentialelements sufficient to validate the ticket must be present as setforth in paragraph 53ER92-63(1)(a), Florida AdministrativeCode. In the event a dispute arises as to the validity of anyCASINO NIGHTS lottery ticket, or as to the prize amount, theVIRN number under the latex shall prevail over the bar code.

(4) Design of Ticket. There are 5 different games inInstant Game Number 414, CASINO NIGHTS. Game 1 isentitled “HIGH ROLLER.” Game 2 is entitled “HIGHSTAKES ROULETTE.” Game 3 is entitled “SLOTS OFMONEY.” Game 4 is entitled “BLACKJACK.” Game 5 isentitled “BONUS”.

(5) The play symbols and play symbol captions in HIGHROLLER are as follows:

ADD SYMBOL

(6) The prize symbols and prize symbol captions in HIGHROLLER are as follows:

ADD SYMBOL

(7) The legends in HIGH ROLLER are as follows:

ADD SYMBOL

1932 Section IV - Emergency Rules


(8) The “YOUR NUMBER” play symbols and playsymbol captions in HIGH STAKES ROULETTE are asfollows:

ADD SYMBOL

(9) The wheel number play symbols and play symbolcaptions in HIGH STAKES ROULETTE are as follows:

ADD SYMBOL

(10) The prize symbols and prize symbol captions inHIGH STAKES ROULETTE are as follows:

ADD SYMBOL

(11) The legend in HIGH STAKES ROULETTE is asfollows:

ADD SYMBOL

(12) The play symbols and play symbol captions inSLOTS OF MONEY are as follows:

ADD SYMBOL

(13) The “PLAYER” play symbols and play symbolcaptions in BLACKJACK are as follows:

ADD SYMBOL

ADD SYMBOL

(14) The “DEALER’S TOTAL” play symbols and playsymbol captions in BLACKJACK are as follows:

ADD SYMBOL

(15) The prize symbols and prize symbol captions inBLACKJACK are as follows:

ADD SYMBOL

(16) The legends in BLACKJACK are as follows:

ADD SYMBOL

(17) The play symbols and play symbol captions in theBONUS play area are as follows:

ADD SYMBOL

(18) The legend in the BONUS play area is as follows:

ADD SYMBOL

(19) Determination of Prizewinners. Each of the fivegames in Instant Game Number 414, CASINO NIGHTS, usesa different play methodology. The determination ofprizewinners for each game is as follows:

(a) Game 1 – HIGH ROLLER. In HIGH ROLLER thereare two rolls. A ticket having dice in the play area of one rollthat total 7 or 11 shall entitle the claimant to the correspondingprize shown for that roll. The prizes are: TICKET, $1.00,$2.00, $5.00, $10.00, $25.00, $50.00, $100, $250, $500, and$25,000.

(b) Game 2 – HIGH STAKES ROULETTE. In HIGHSTAKES ROULETTE, a ticket having a number in the“YOUR NUMBER“ play area that matches any number in thewheel play area shall entitle the claimant to the correspondingprize shown for that number. The prizes are: TICKET, $1.00,$2.00, $3.00, $5.00, $10.00, $25.00, $50.00, $75.00, $100,$250, $500, and $100,000.

(c) Game 3 – SLOTS OF MONEY. In SLOTS OFMONEY there are four pulls. A ticket having three likesymbols in the play area of one pull shall entitle the claimant to

Section IV - Emergency Rules 1933


the corresponding prize shown for that symbol in the legend.The prizes are: $5, $10, $25, $50, $100, $250, $1,000, $5,000,$25,000, and $50,000.

(d) Game 4 – BLACKJACK.1. In BLACKJACK there are five “PLAYER” hands. A

ticket having two cards in the play area of one hand, the total ofwhich is greater than the total in the “DEALER’S TOTAL”play area, shall entitle the claimant to the corresponding prizeshown for that hand. The prizes are TICKET, $1.00, $2.00,$3.00, $5.00, $10.00, $25.00, $50.00, $100, $1,000, $5,000,$25,000, and $100,000.

2. A ticket having a “DEALER BUSTS” play symbol inthe “DEALER’S TOTAL” play area shall entitle the claimantto all five prizes shown in the “PLAYER” hands.

3. The point value assigned to Kings, Queens, and Jacks is10, and the point value assigned to Aces is 11.

(e) Game 5 – BONUS.A ticket having two matching cards in the “BONUS” play areashall entitle the claimant to a prize of $50.

(f) In Games 1, 2 and 4, a claimant who is entitled to aprize of a “TICKET” shall be entitled to a prize of a $5.00ticket, or combination of instant and on-line tickets that totals$5.00, except as follows. A person who submits by mail aCASINO NIGHTS lottery ticket which entitles the claimant toa prize of a $5.00 ticket and whose mailing address is outsidethe state of Florida will receive a check for $5.00 in lieu of anactual ticket.

(20) Number and Size of Prizes: The estimated odds ofwinning, value and number of prizes in Instant Game Number414 are as follows:

NUMBER OFWINNERS IN

42 POOLS OF

ODDS OF120,000TICKETS

GAME PLAY WIN 1 IN PER POOLTICKET (Games 1, 2, or 4) $5 7.06 714,000G1- ($1 x 2) + G2- $2 + G4- $1 $5 60.00 84,000G1- $1 + G2- $2 + G4- $2 $5 120.00 42,000G1- $1 + G4- ($2 x 2) $5 30.00 168,000G3- $5 $5 30.00 168,000G1- $1 + G2- ($2 x 2) + G4-($1 x 5) (BUSTS) $10 30.00 168,000G1- $1 + G2- ($2 x 3) + G4- $3 $10 120.00 42,000G1- ($1 x 2) + G2- ($3 x 2) +G4- ($1 x 2) $10 120.00 42,000G1- $1 + G2- $2 + G3- $5 +G4- ($1 x 2) $10 120.00 42,000G3- $5 + G4- ($1 x 5) (BUSTS) $10 120.00 42,000G1- $1 + G2- $5 + G3- $5 +G4- ($2 x 2) $15 60.00 84,000G1- ($2 x 2) + G3- $5 + G4- ($2 x 3) $15 120.00 42,000G1- $1 + G3- $10 + G4- ($2 x 2) $15 120.00 42,000G1- $5 + G2- ($2 x 6) + G4-($2 x 4) $25 120.00 42,000

G1- $5 + G2- $5 + G3- $10 +G4- ($1 x 5) (BUSTS) $25 141.18 35,700G1- $5 + G2- $1 + ($2 x 3) +G3- $5 + G4- ($2 x 4) $25 400.00 12,600G1- ($2 x 2) + G3- ($5 x 3) +G4- ($2 x 3) $25 436.36 11,550G1- $2 + G2- ($5 x 2) + G3-$10 + G4- ($1 x 3) $25 533.33 9,450G2- ($5 x 2) + G3- $5 + G4-($5 x 2) $25 600.00 8,400G1- ($1 x 2) + G2- ($5 x 4)+ G3- ($5 x 4) + G4- ($2 x 4) $50 600.00 8,400G5- BONUS $50 218.18 23,100G1- $2 + $5 + G2- ($5 x 2) +($2 x 4) + G3- ($5 x 2) + ($10 x 2) + G4- ($5 x 4)

$75 12,000 420

G1- ($5 x 2) + G2- ($25 x 2) + G3-$5 + G4- ($5 x 2)

$75 12,000 420

G1- ($5 x 2) + G2- ($5 x 3) + G3-$5 + ($10 x 2) + G4- ($5 x 5) (BUSTS)

$75 12,000 420

G1- ($5 x 2) + G2- $25 + G3- $25+ G4- ($5 x 3) $75 12,000 420G1- ($10 x 2) + G2- $10 + G3-$25 + G4- ($10 x 2) $75 12,000 420G3- $25 + G5- BONUS $75 12,000 420G1- $10 + G2- ($25 x 2) +G3- $10 + G4- ($10 x 3) $100 24,000 210

G1- $25 + G2- $10 + G3-$25 + G4- ($10 x 4) $100 24,000 210G1- ($5 x 2) + G2- ($10 x 3) +G3- $50 + G4- ($5 x 2) $100 24,000 210G1- $25 + G2- ($10 x 4) + G3- ($5 x 4) + G4- ($5 x 3) $100 24,000 210G1- $25 + G2- ($10 x 2) + G3-$5 + $10 + G4- ($10 x 4) $100 24,000 210G3- $50 + G5- BONUS $100 12,000 420G1- ($10 x 2) + G2- $50 +$100 + G3- ($50 x 4) +G4- $5 + $25 + $100 $500 252,000 20G1- $50 + G2- ($25 x 2) + $50 +$75 + G3- $25 + $50 + G4- ($50 x 4)

$500 252,000 20

G1- ($10 x 2) + G2- ($25 x 6) +G3- ($5 x 2) + ($10 x 2) + G4- ($50x 5) (BUSTS) + G5- BONUS

$500 252,000 20

G1- ($25 x 2) + G2- ($50 x 4) + G3-($250 x 2) + G4- ($50 x 4) +G5- BONUS $1,000 504,000 10G1- ($50 x 2) + G2- ($50 x 4) + G3-($250 x 2) + G4- ($50 x 4) $1,000 504,000 10G1- ($100 x 2) + G2- $100 +G3- ($100 x 2) + $250 + G4($50 x 5) (BUSTS) $1,000 1,008,000

5

G3- ($250 x 4) $1,000 1,008,000 5G1- ($250 x 2) + G4- ($100 x5) (BUSTS)

$1,000 1,008,000 5

G2- ($250 x 2) + G3- $1,000 + G4-($100 x 5) (BUSTS) $2,000 1,008,000 5

1934 Section IV - Emergency Rules


(21) The overall odds of winning some prize in InstantGame Number 414 are 1 in 2.75. Some prizes, including thetop prizes, may be sold out at time of ticket purchase.

(22) For reorders of Instant Game Number 414, theestimated odds of winning, value and number of prizes shall beproportionate to the number of tickets reordered.

(23) By purchasing a CASINO NIGHTS lottery ticket theplayer agrees to comply with and abide by all rules andregulations of the Florida Lottery.

(24) Payment of prizes for CASINO NIGHTS lotterytickets shall be made in accordance with rules of the FloridaLottery governing procedures for awarding prizes. A copy of the current rule can be obtained from the FloridaLottery, Office of the General Counsel, 250 Marriott Drive,Tallahassee, Florida 32399-4011.Specific Authority 24.105(9)(a), (b, (c), 24.109(1), 24.115(1) FS. LawImplemented 24.105(9)(a), (b, (c), 24.115(1) FS. History–New 4-12-02.

THIS EMERGENCY RULE TAKES EFFECTIMMEDIATELY UPON BEING FILED WITH THEDEPARTMENT OF STATE.EFFECTIVE DATE: April 12, 2002

DEPARTMENT OF THE LOTTERYRULE TITLE: RULE NO.:Instant Game Number 422, FAST

SPRINGTIME CASH 53ER02-20SUMMARY OF THE RULE: This emergency rule describesInstant Game Number 422, "FAST SPRINGTIME CASH," forwhich the Department of the Lottery will start selling tickets ona date to be determined by the Secretary of the Department.The rule sets forth the specifics of the game, determination ofprizewinners and the estimated odds of winning, number andsize of prizes in the game.THE PERSON TO BE CONTACTED REGARDING THEEMERGENCY 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:

53ER02-20 Instant Game Number 422, FASTSPRINGTIME CASH.

(1) Name of Game. Instant Game Number 422, “FASTSPRINGTIME CASH.”

(2) Price. FAST SPRINGTIME CASH lottery tickets sellfor $2.00 per ticket.

(3) FAST SPRINGTIME CASH lottery tickets shall havea series of numbers in Machine Readable Code (or bar code)on the back of the ticket, along with a Void If RemovedNumber (VIRN) under the latex area on the ticket. To be avalid winning FAST SPRINGTIME CASH lottery ticket, acombination of essential elements sufficient to validate theticket must be present as set forth in paragraph53ER92-63(1)(a), Florida Administrative Code. In the event adispute arises as to the validity of any FAST SPRINGTIMECASH lottery ticket, or as to the prize amount, the VIRNnumber under the latex shall prevail over the bar code.

(4) The “YOUR NUMBERS” play symbols and playsymbol captions are as follows:

ADD SYMBOL

(5) The “WINNING NUMBERS” play symbols and playsymbol captions are as follows:

ADD SYMBOL

(6) The prize symbols and prize symbol captions are asfollows:

ADD SYMBOL

(7) The legends are as follows:

ADD SYMBOL

(8) Determination of Prize Winners.(a) A ticket having a number in the “YOUR NUMBERS”

play area that matches either number in the “WINNINGNUMBERS” play area shall entitle the claimant to thecorresponding prize shown for that number. A ticket may have

G1- ($500 x 2) + G2- ($500 x 6) +G3- $1,000 + G4- ($1,000x 5) (BUSTS) $10,000 2,520,000

2

G2- ($250 x 4) + G3- ($1,000 x4) + G4- ($1,000 x 5) (BUSTS) $10,000 2,520,000 2G3- ($5,000 x 2) $10,000 2,520,000 2G3- $25,000 $25,000 2,520,000 2G4- ($5,000 x 5) (BUSTS) $25,000 2,520,000 2G1- $25,000 + G3- $50,000 +G4- $25,000

$100,000 5,040,000 1

G2- $100,000 $100,000 5,040,000 1G4- $100,000 $100,000 5,040,000 1

Section IV - Emergency Rules 1935


up to ten matching sets of numbers. The prizes are: TICKET,$2.00, $3.00, $5.00, $10.00, $25.00, $50.00, and $100. Aclaimant who is entitled to a prize of a “TICKET” shall beentitled to a prize of a $2.00 ticket or any combination ofinstant and on-line tickets that total $2.00, except as follows. Aperson who submits by mail a FAST SPRINGTIME CASHlottery ticket which entitles the claimant to a prize of a $2.00ticket and whose mailing address is outside the state of Floridawill receive a check for $2.00 in lieu of an actual ticket.

(b) A ticket having a “dollar bill” symbol in the “YOURNUMBERS” play area shall be entitled to a prize of $50.00.

(9) The estimated odds of winning, value, and number ofprizes in Instant Game Number 422 are as follows:

(10) The estimated overall odds of winning some prize inInstant Game Number 422 are 1 in 3.31. Some prizes,including the top prizes, may be sold out at time of ticketpurchase.

(11) For reorders of Instant Game Number 422, theestimated odds of winning, value, and number of prizes shallbe proportionate to the number of tickets reordered.

(12) By purchasing a FAST SPRINGTIME CASH lotteryticket the player agrees to comply with and abide by all rulesand regulations of the Florida Lottery.

(13) Payment of prizes for FAST SPRINGTIME CASHlottery tickets shall be made in accordance with rules of theFlorida Lottery governing procedures for awarding prizes. Acopy of the current rule can be obtained from the FloridaLottery, Office of the General Counsel, 250 Marriott Drive,Tallahassee, Florida 32399-4011.

Specific Authority 24.105(9)(a), (b), (c), 24.109(1), 24.115(1) FS. LawImplemented 24.105(9)(a), (b), (c), 24.115(1) FS. His tory–New 4-12-02.

THIS EMERGENCY RULE TAKES EFFECTIMMEDIATELY UPON BEING FILED WITH THEDEPARTMENT OF STATE. EFFECTIVE DATE: April 12, 2002

Section V Petitions and Dispositions Regarding Rule

Variance or Waiver

DEPARTMENT OF TRANSPORTATION

NOTICE IS HEREBY GIVEN that, on April 12, 2002, theFlorida Department of Transportation issued an order denyingthe Petition of Lamar East Florida, seeking a waiver of theprovisions of Rule 14-10.007, F.A.C. The Petition for Waiverwas received by the Department on January 17, 2002. TheDepartment published its Notice of Receipt of the Petition forWaiver in Vol. 28, No. 6, edition of the Florida AdministrativeWeekly, dated February 8, 2002. Rule 14-10.007, F.A.C.,prohibits reconstruction of destroyed nonconforming signs,unless the signs are destroyed by vandalism or other criminalor tortious act. The Department’s order, issued in DOT CaseNo. 02-010, dismissed the Petition because Rule 14-10.007,F.A.C., is required by federal law, the requested waiver iscontrary to the mandates of two District Courts of Appeal, andbecause the request for waiver is legally barred.A copy of the Department’s order may be obtained from theClerk of Agency Proceedings, Department of Transportation,605 Suwannee Street, M.S. 58, Tallahassee, Florida32399-0458. For additional information, contact James C.Myers at (850)414-5393.

NOTICE IS HEREBY GIVEN that, on April 4, 2002, theFlorida Department of Transportation issued an order denyingthe Petition of Clear Channel Outdoor – Melbourne, seeking awaiver of the provisions of Rule 14-10.007, F.A.C. ThePetition for Waiver was received by the Department onJanuary 17, 2002. The Department published its Notice ofReceipt of the Petition for Waiver in Vol. 28, No. 6, edition ofthe Florida Administrative Weekly, dated February 8, 2002.Rule 14-10.007, F.A.C., prohibits reconstruction of destroyednonconforming signs, unless the signs are destroyed byvandalism or other criminal or tortious act. The Department’sorder, issued in DOT Case No. 02-009, dismissed the Petitionbecause Rule 14-10.007, F.A.C., is required by federal law, therequested waiver is contrary to the mandates of two DistrictCourts of Appeal, and because the request for waiver is legallybarred.

NUMBER OFWINNERS IN28 POOLS OF

ODDS OF 180,000 TICKETSGAME PLAY WIN 1 IN PER POOLTICKET $2 TICKET 7.14 705,600$2 $2 30.00 168,000$2 x 2 $4 37.50 134,400$2 + $3 $5 30.00 168,000$5 $5 30.00 168,000$2 x 5 $10 75.00 67,200($2 x 2) + ($3 x 2) $10 150.00 33,600$10 $10 150.00 33,600($2 x 5) + ($5 x 3) $25 450.00 11,200$5 x 5 $25 450.00 11,200$25 $25 450.00 11,200Autowin = “DollarBill” Symbol $50 900.00 5,600$5 x 10 $50 5,000.00 1,008$25 x 2 $50 5,142.86 980$10 x 10 $100 18,000.00 280$25 x 4 $100 18,000.00 280$100 $100 18,000.00 280

1936 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver


A copy of the Department’s order may be obtained from theClerk of Agency Proceedings, Department of Transportation,605 Suwannee Street, M.S. 58, Tallahassee, Florida32399-0458. For additional information, contact James C.Myers at (850)414-5393.

AGENCY FOR HEALTH CARE ADMINISTRATIVE

The Agency for Health Care Administration has received aPetition for Waiver from the State of Florida Department ofHealth for A.G. Holly Hospital, Lantana, Florida pursuant toSection 395.1055(1), Florida Statutes and paragraph59A-3.2085(1)(b), Florida Administrative Code. The petitionerrequests a waiver from the requirement that its Nutritional CareDepartment employ the services of a registered dietician andthat the hospital be permitted to employ the services of alicensed dietician instead.Comments received within 15 days of publication will beconsidered by the Agency prior to making a determination forDenial of Waiver.Additional information may be obtained by writing to theAgency for Health Care Administration, 2727 Mahan Drive,MS #31, Tallahassee, Florida 32308, by phone at(850)487-2717 or by e-mailing Amance R. (Si) Simas,Hospital and Outpatient Services Unit [email protected]

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DEP received on March 7, 2002, a petition from LegendaryIncorporated for a variance or waiver pursuant to subsection376.3071(12)(k)5., F.S., of certain record keepingrequirements under subsection 376.3071(12)(e), F.S., for theDestin Yacht Club Marina. The full text of this notice ispublished on the Internet at the Department of EnvironmentalProtection’s home page at http://www.dep.state.fl.us/ under thelink or button titled “Official Notices.”

DEP received on March 30, 2001, a petition from MAS TEC,INC., f/k/a Burnup and Sims TelCom of Florida, Inc., for awaiver pursuant to subsection 376.3071(12)(k)5., F.S., ofcertain record keeping requirements under subsection376.3071(12)(e), F.S. On April 4, 2002, upon execution of aSettlement Agreement Petitioner voluntarily withdrew itspetition. The full text of this notice is published on the Internetat the Department of Environmental Protection’s home page athttp://www.dep.state.fl.us/ under the link or button titled“Official Notices.”

The Department of Environmental Protection gives notice ofits intent to grant a variance (File No. 0188265-002-EV) to theSanta Rosa Island Authority, from the provisions of paragraph62-4.244(5)(c), F.A.C., to allow the turbidity mixing zone toexceed 150 meters. The expanded mixing zone would extend

1,500 meters along shore and 500 meters shore perpendicularfrom the point of sand discharge onto the beach disposal area(within the Gulf Islands National Seashore – OutstandingFlorida Waters), for a period not to exceed 10 months. Thevariance is associated with the proposed beach restorationproject at Pensacola Beach (File No. 0188265-001-JC). Theentire project area is located on or gulfward of PensacolaBeach, Escambia County, Florida. The beach restorationproject area is located within the limits of the Gulf IslandsNational Seashore, which extends one mile seaward of theMHW line, and is designated as an Outstanding Florida Water(OFW). The borrow area is located in the Gulf of Mexico,approximately 3.5 miles offshore from Pensacola Beach and issituated in Class III Waters, not OFW.A person whose substantial interests are affected by theDepartment's proposed action may petition for anadministrative hearing in accordance with Sections 120.569and 120.57, Florida Statutes. The petition must contain theinformation set forth below and must be filed (received by theclerk) in the Office of General Counsel of the Department at3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,Florida 32399-3000.Because the administrative hearing process is designed toredetermine final agency action on the application, the filing ofa petition for an administrative hearing may result in amodification of the variance or even a denial of the application.Under subsection 62-110.106(4), Florida Administrative Code,a person whose substantial interests are affected by theDepartment’s action may also request an extension of time tofile a petition for an administrative hearing. The Departmentmay, for good cause shown, grant the request for an extensionof time. Requests for extension of time must be filed with theOffice of General Counsel of the Department at 3900Commonwealth Boulevard, Mail Station 35, Tallahassee,Florida 32399-3000, before the applicable deadline. A timelyrequest for extension of time shall toll the running of the timeperiod for filing a petition until the request is acted upon. If arequest is filed late, the Department may still grant it upon amotion by the requesting party showing that the failure to file arequest for an extension of time before the deadline was theresult of excusable neglect.In the event that a timely and sufficient petition for anadministrative hearing is filed, other persons whose substantialinterests will be affected by the outcome of the administrativeprocess have the right to petition to intervene in theproceeding. Any intervention will be only at the discretion ofthe presiding judge upon the filing of a motion in compliancewith Rule 28-106.205, F.A.C.In accordance with subsection 28-106.111(2) and paragraph62-110.106(3)(a)(1), F.A.C., petitions for an administrativehearing by the applicant must be filed within 21 days of receiptof this written notice. Petitions filed by any persons other thanthe applicant, and other than those entitled to written notice

Section V - Petitions and Dispositions Regarding Rule Variance or Waiver 1937


under Section 120.60(3), F.S., must be filed within 21 days ofpublication of the notice or within 21 days of receipt of thewritten notice, whichever occurs first. Under Section120.60(3), F.S., however, any person who has asked theDepartment for notice of agency action may file a petitionwithin 21 days of receipt of such notice, regardless of the dateof publication.The petitioner shall mail a copy of the petition to the applicantat the address indicated above at the time of filing. The failureof any person to file a petition for an administrative hearingwithin the appropriate time period shall constitute a waiver ofthat person’s right to request an administrative determination(hearing) under Sections 120.569 and 120.57, F.S.In accordance with Rule 28-106.201, F.A.C., a petition thatdisputes the material facts on which the Department’s action isbased must contain the following information: (a) The nameand address of each agency affected and each agency’s file oridentification number, if known; (b) The name, address, andtelephone number of the petitioner; the name, address, andtelephone number of the petitioner’s representative, if any,which shall be the address for service purposes during thecourse of the proceeding; and an explanation of how thepetitioner’s substantial interests are or will be affected by theagency determination; (c) A statement of when and how thepetitioner received notice of the agency decision; (d) Astatement of all disputed issues of material fact. If there arenone, the petition must so indicate; (e) A concise statement ofthe ultimate facts alleged, including the specific facts that thepetitioner contends warrant reversal or modification of theagency’s proposed action; (f) A statement of the specific rulesor statutes that the petitioner contends require reversal ormodification of the agency’s proposed action; and (g) Astatement of the relief sought by the petitioner, statingprecisely the action that the petitioner wishes the agency totake with respect to the agency’s proposed action.A petition that does not dispute the material facts on which theDepartment’s action is based shall state that no such facts arein dispute and otherwise shall contain the same information asset forth above, as required by Rule 28-106.301, F.A.C. UnderSections 120.569(2)(c) and (d), F.S., a petition foradministrative hearing must be dismissed by the agency if thepetition does not substantially comply with the aboverequirements or is untimely filed.This intent to grant variance constitutes an order of theDepartment. The applicant has the right to seek judicial reviewof the order under Section 120.68, F.S., by the filing of a noticeof appeal under Rule 9.110 of the Florida Rules of AppellateProcedure with the Clerk of the Department in the Office ofGeneral Counsel, 3900 Commonwealth Boulevard, MailStation 35, Tallahassee, Florida 32399-3000; and by filing acopy of the notice of appeal accompanied by the applicablefiling fees with the appropriate district court of appeal. Thenotice of appeal must be filed within 30 days from the date

when the final order is filed with the Clerk of the Department.The applicant, or any party within the meaning of Section373.114(1)(a), F.S., may also seek appellate review of thisorder before the Land and Water Adjudicatory Commissionunder Section 373.114(1), F.S. Requests for review before theLand and Water Adjudicatory Commission must be filed withthe Secretary of the Commission and served on the Departmentwithin 20 days from the date when the final order is filed withthe Clerk of the Department.The application is available for public inspection duringnormal business hours, 8:00 a.m. to 5:00 p.m., Mondaythrough Friday, except legal holidays, at the Department ofEnvironmental Protection, Office of Beaches and CoastalSystems, 5050 West Tennessee Street, Building B,Tallahassee, Florida 32304-9201. The “CONSOLIDATEDNOTICE OF INTENT TO ISSUE JOINT COASTALPERMIT AND AUTHORIZATION TO USE SOVEREIGNSUBMERGED LANDS”; the “DRAFT CONSOLIDATEDJOINT COASTAL PERMIT AND INTENT TO GRANTSOVEREIGN SUBMERGED LANDS AUTHORIZATION”and the “DRAFT VARIANCE FINAL ORDER” can beviewed at the Department’s Internet Web site at:http://www.dep.state.fl.us/beaches/permitting/permits.htm

DEPARTMENT OF HEALTH

The Board of Medicine hereby gives notice that it has receiveda petition filed on April 11, 2002, on behalf of Yadira E.Bayona-Salcedo, M.D., seeking a waiver from Rule64B8-5.001, F.A.C., with regard to the time frame for passageof the USMLE. Comments on this petition should be filed withBoard of Medicine, MQA, 4052 Bald Cypress Way, Bin #C03,Tallahassee, Florida 32399-3253, within 14 days of publicationof this notice.For a copy of the petition, contact: Larry G. McPherson, Jr.,Executive Director, Board of Medicine, at above address ortelephone (850)245-4131.

FLORIDA HOUSING FINANCE CORPORATION

NOTICE IS HEREBY GIVEN that on April 16, 2002, FloridaHousing Finance Corporation received a Petition forEmergency Variance from or Waiver of the Florida HousingFinance Corporation Development Proximity List, fromAllapattah Gardens, Ltd. (“Petition”). The Petition is seeking avariance from Rule 67-48.002(116), F.A.C., which providesfor the Development Proximity List (“List”) which listsWynwood Tower, ID 2001-0515 (“Wynwood”), as not so asnot to apply that portion to the List which lists Wynwood to thePetitioner in this review cycle. A copy of the Petition can beobtained from Sheila A. Freaney, Public Records Clerk,Florida Housing Finance Corporation, 227 North BronoughStreet, Suite 5000, Tallahassee, Florida 32399-1329. FloridaHousing will accept comments concerning the Petition for 14

1938 Section V - Petitions and Dispositions Regarding Rule Variance or Waiver


days from the date of publication of this notice. To beconsidered, comments must be received on or before 5:00 p.m.,Eastern Standard Time, on the 14th day after publication ofthis notice at Florida Housing Finance Corporation, 227 NorthBronough Street, Suite 5000, Tallahassee, Florida 32399-1329.

Section VI Notices of Meetings, Workshops and Public

Hearings

DEPARTMENT OF STATE

The Friends of the Knott House, Inc., announces a Publicmeeting to which all persons are invited.DATE AND TIME: May 7, 2002, 9:00 a.m.PLACE: Knott House Museum, Tallahassee, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:Budget and membership strategy.A copy of the agenda may be obtained by writing: The Friendsof the Knott House, Inc., 500 S. Bronough St., Tallahassee,Florida 32399.Should any person wish to appeal any decision made withrespect to the above mentioned meeting, he or she may need toensure verbatim recording of the proceedings in order toprovide a record of judicial review.Pursuant to Rule 286.26, Florida Statutes, people withdisabilities wishing to attend this meeting should contact theagency at least 48 hours before, in order to request any specialassistance.

NOTICE IS HEREBY GIVEN that at the Department ofState, Division of Elections will determine the order ofcandidates for circuit judges on the primary ballot, pursuant toSection 105.041, Florida Statutes. The determination will beconducted in a drawing by lot.DATE AND TIME: May 17, 2002, 3:30 p.m.PLACE: Division of Elections, Training Room, Room 112,The Collins Building, 107 West Gaines Street, Tallahassee,FloridaAny persons wishing additional information or directions maycontact: L. Clayton Roberts, Director, Division of Elections,(850)245-6200.

The Private Investigation, Recovery and Security AdvisoryCouncil announces a public meeting to which all persons areinvited.DATE AND TIME: Thursday, June 20, 2002, 9:00 a.m.PLACE: Sheraton Studio City Hotel, 5905 International Drive,Orlando, Florida, (407)351-2100

GENERAL SUBJECT MATTER TO BE CONSIDERED: Thequarterly meeting of the Council pursuant to the requirement ofSection 493.6104(4), Florida Statutes. The Council willconduct a general business meeting.A copy of the agenda may be obtained by writing: Departmentof State, Division of Licensing, Attention: April Howard, PostOffice Box 6687, Tallahassee, Florida 32314-6687.In accordance with the Americans with Disabilities Act,persons needing a special accommodation to attend themeeting should contact the Director, Division of Licensing notlater than 48 hours prior to the meeting at the address given onthe notice, (850)488-6982.

The Department of State, Division of Licensing announces apublic meeting to which all persons are invited.DATE AND TIME: Wednesday, June 19, 2002, 9:00 a.m.PLACE: Sheraton Studio City Hotel, 5905 International Drive,Orlando, Florida, (407)351-2100GENERAL SUBJECT MATTER TO BE CONSIDERED: TheDivision will receive input regarding training and examinationfor private investigators and interns.In accordance with the Americans with Disabilities Act,persons needing a special accommodation to attend themeeting should contact the Director, Division of Licensing notlater than 48 hours prior to the meeting at the address given onthe notice, (850)488-6982.

DEPARTMENT OF LEGAL AFFAIRS

The Annual Report Committee of the Florida Commission onthe Status of Women will hold a telephone conference onDATE AND TIME: Wednesday, May 8, 2002, 10:00 a.m.PLACE: Call: (850)414-3300 for instructions on participationGENERAL SUBJECT MATTER TO BE CONSIDERED: Todiscuss general issues.If you need an accommodation because of disability in order toparticipate, please notify FCSW in writing at least five days inadvance at Office of the Attorney General, The Capitol,Tallahassee, FL 32399-1050.

The Annual Report Committee of the Florida Commission onthe Status of Women will hold a telephone conference on:DATE AND TIME: Wednesday, May 8, 2002, 10:00 a.m.PLACE: Call: (850)414-3300 for instructions on participationGENERAL SUBJECT MATTER TO BE CONSIDERED: Todiscuss general issues.If you need an accommodation because of disability in order toparticipate, please notify FCSW in writing at least five days inadvance at Office of the Attorney General, The Capitol,Tallahassee, FL 32399-1050.

Section VI - Notices of Meetings, Workshops and Public Hearings 1939


The LCSW Task Force Committee of the Florida Commissionon the Status of Women will hold a telephone conference on:DATE AND TIME: Wednesday, May 8, 2002, 3:00 p.m.PLACE: Call: (850)414-3300 for instructions on participationGENERAL SUBJECT MATTER TO BE CONSIDERED: Todiscuss general issues.If you need an accommodation because of disability in order toparticipate, please notify FCSW in writing at least five days inadvance at Office of the Attorney General, The Capitol,Tallahassee, FL 32399-1050.

The Finance and Budget Committee of the FloridaCommission on the Status of Women will hold a telephoneconference on:DATE AND TIME: Thursday, May 9, 2002, 10:00 a.m.PLACE: Call: (850)414-3300 for instructions on participationGENERAL SUBJECT MATTER TO BE CONSIDERED: Todiscuss general issues.If you need an accommodation because of disability in order toparticipate, please notify FCSW in writing at least five days inadvance at Office of the Attorney General, The Capitol,Tallahassee, FL 32399-1050.

The Bylaws Committee of the Florida Commission on theStatus of Women will hold a telephone conference on:DATE AND TIME: Friday, May 10, 2002, 3:00 p.m.PLACE: Call: (850)414-3300 for instructions on participationGENERAL SUBJECT MATTER TO BE CONSIDERED: Todiscuss general issues.If you need an accommodation because of disability in order toparticipate, please notify FCSW in writing at least five days inadvance at Office of the Attorney General, The Capitol,Tallahassee, FL 32399-1050.

DEPARTMENT OF BANKING AND FINANCE

The Bureau of Unclaimed Property announces a publicmeeting and all persons are invited to attend.DATE AND TIME: Thursday, May 6, 2002, 2:00 p.m. – 4:00p.m.PLACE: Room G-16C, Fletcher Building, 101 East GainesStreet, Tallahassee, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED: Todiscuss the implementation of HB 0543 entitled an act relatingto public records.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this meeting is asked to advise Don McKay,(850)410-9952, at least 48 hours before the meeting. If you are

hearing or speech impaired, contact Don McKay via theFlorida Relay Service at 1(800)955-8771 (TDD) or1(800)955-8770 (Voice), for assistance.

DEPARTMENT OF INSURANCE

The Department of Insurance, Division of State FireMarshal announces a public meeting to which all persons areinvited.DATE AND TIME: May 14, 2002, 8:30 a.m.PLACE: St. Petersburg College, Room 129J, 3200 34th Street,South, St. Petersburg, Florida 33711GENERAL SUBJECT MATTER TO BE CONSIDERED:Public meeting of the Florida Fire Code Advisory Council todiscuss fire code issues pertaining CS/HB443 as it relates topublic schools.A copy of the agenda may be obtained by writing: Division ofState Fire Marshal, Bureau of Fire Prevention, 200 East GainesStreet, Tallahassee, FL 32399-0342.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this program, please advise the Department atleast 5 calendar days before the program by contactingMillicent King, (850)413-3619.

The Department of Insurance, Division of State FireMarshal announces a public meeting to which all persons areinvited.DATE AND TIME: May 14, 2002, 10:00 a.m.PLACE: City of Lake Buena Vista, Reedy Creek ImprovementDistrict, Administrative Building, 3rd Floor, 1900 Hotel PlazaBlvd., Lake Buena Vista, FLGENERAL SUBJECT MATTER TO BE CONSIDERED:Quarterly meeting of the Florida Fire Safety Board.A copy of the agenda may be obtained by writing: Division ofState Fire Marshal, Bureau of Fire Prevention, RegulatoryLicensing Section, 200 East Gaines Street, Tallahassee, FL32399-0342.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

The Florida Department of Agriculture and ConsumerServices announces a public meeting to which all persons areinvited.DATE AND TIME: May 15, 2002, 1:00 p.m. – 4:00 p.m.PLACE: Steinbrenner’s Ramada Inn and Conference Center,Belmont Room, I-75 and US 27, Ocala, Florida,(352)732-3131

1940 Section VI - Notices of Meetings, Workshops and Public Hearings


GENERAL SUBJECT MATTER TO BE CONSIDERED:This is a meeting of the Florida Propane Education, Safety andResearch Council and representatives of the DACS MarketingDivision to discuss current and proposed Council programsand budget issues.Additional information may be obtained by writing: VickiO’Neil, Bureau Chief, Bureau of LP Gas Inspections, Suite N,3125 Conner Blvd., Tallahassee, FL 32399-1650 or by callingVicki O’Neil, (850)921-8001.Pursuant to the Americans with Disabilities Act, any personrequiring special accommodations to participate in thismeeting is asked to advise the agency at least 48 hours inadvance by contacting Ms. O’Neil at the number above.

The Department of Agriculture and Consumer Servicesannounces a meeting of the Viticulture Advisory Council.DATE AND TIME: May 6, 2002, 1:00 p.m.GENERAL SUBJECT MATTER TO BE CONSIDERED:Welcome GuestsCommittee meetings:1:00 p.m. Promotion Committee.2:00 p.m. Research Committee.3:00 p.m. Industry Opportunities and Issues.3:00 p.m. Best Management Practices.4:00 p.m. Legislative Committee.5:00 p.m. Tour of Blue Heron Vineyard.DATE AND TIME: May 7, 2002, 9:00 a.m.GENERAL SUBJECT MATTER TO BE CONSIDERED:Welcome GuestCommittee reports:Report on trust fund collections.Progress report on increased acreage program.Report on Viticulture Trust Fund Collections.Vote on Budget for 2002/2003.PLACE: Blue Heron Vineyard, 331 Lewis Road, Lithia, FL33547, (813)633-8692A copy of the agenda can be obtained by contacting: GeorgeDemetree, Room 423, Mayo Building, 407 South CalhounStreet, Tallahassee, FL 32399-0800 or calling (850)488-4131.If special accommodations are needed to attend this meeting,because of a disability, please contact George Demetree assoon as possible.

The Florida Department of Agriculture and ConsumerServices, Division of Forestry announces a meeting of theFlorida Forestry Council which is open to all interestedpersons.DATE AND TIME: Thursday, May 16, 2002, 9:30 a.m.PLACE: Florida Division of Forestry, Room 239, 3125 ConnerBoulevard, Tallahassee, Florida

GENERAL SUBJECT MATTER TO BE CONSIDERED:Updates on Division of Forestry programs.A copy of the agenda may be obtained by contacting: L. EarlPeterson, Director, Division of Forestry, 3125 ConnerBoulevard, Tallahassee, Florida 32399-1650, (850)488-4274.

DEPARTMENT OF EDUCATION

The Florida Department of Education (DOE) announces ameeting of the Partnership for School Safety and Security towhich all persons are invited.DATE AND TIME: May 16, 2002, 10:00 a.m. – 5:00 p.m.PLACE: West Palm Beach Crowne Plaza, 1601 BelvedereRoad, West Palm Beach, Florida 33406DATE AND TIME: May 17, 2002, 9:00 a.m. – 12:00 NoonPLACE: Atlantic High School, 2501 Seacrest Boulevard,Delray Beach, Florida 33444GENERAL SUBJECT MATTER TO BE CONSIDERED:Meeting of the Partnership for School Safety and SecurityMembers appointed by Governor Jeb Bush in October 2000.The Partnership for School Safety and Security welcomesparticipation from any interested members of the public.Any persons requiring special accommodation at this meetingbecause of a disability or physical impairment should contactFelicia Williams-Elliott, Office of Safe Schools,(850)414-7777, at least five calendar days prior to the meeting.Additional information may be obtained by writing:Department of Education, Office of Safe Schools, Room 301,325 West Gaines Street, Tallahassee, Florida 32399-0400.

The Gulf Coast Community College District, Board ofTrustees will hold its monthly meeting as follows.DATE AND TIME: May 9, 2002, 10:00 a.m. (EDT)PLACE: Gulf/Franklin CenterGENERAL SUBJECT MATTER TO BE CONSIDERED:Regular monthly meeting.Contact person for the meeting is: Dr. Robert L. McSpadden,President.

DEPARTMENT OF COMMUNITY AFFAIRS

The Department of Community Affairs announces a meetingof the State Energy Program (SEP) Clean Fuel FloridaAdvisory Board (CFF) to which all interested parties areinvited.SEP CFF MEETINGDATES AND TIMES: May 2, 2002, 9:00 a.m. – 4:30 p.m.;May 3, 2002, 9:00 a.m. – 3:00 p.m.PLACE: University of South Florida, Center for UrbanTransportation Research, Room CUT – 100, 4202 East FowlerAvenue, Tampa, Florida 33620-5375ACTIONS TO BE TAKEN: The CFF will consider thefollowing items:



1. Report on State Energy Initiatives.2. Legislative Initiative Report.3. State EPACT Compliance.4. State/Regional/National Transportation Meeting.5. Education and Out Reach Program.6. Long Range Plan.APPEAL INFORMATION: If a person decides to appeal anydecision of the Department of Community Affairs with respectto any matter considered at this public meeting he or she mayneed a record or transcript of the proceeding, and for suchpurposes he or she may need to ensure that a record of theproceeding is made, which record may include testimony andevidence relevant to the appeal.Anyone who wants a copy of the agenda or additionalinformation on this meeting may write or call: Essie Turner,Staff Assistant, Department of Community Affairs, 2255Shumard Oak Boulevard, Tallahassee, Florida 32399-2100,(850)488-2475.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactthe SEP, (850)488-2475, at least five calendar days prior to themeeting. If you are hearing impaired, please contact the SEP,(850)488-2475, at least five calendar days prior to the meeting.If you are hearing impaired, please contact the SEP using theFlorida Dual Party System which can be reached at1(800)955-8770 (Voice) and 1(800)955-8771 (TDD).

The Florida Communities Trust announces pre-applicationtechnical assistance workshops to which all interested personsare invited. No advanced registration fee is required to attendthese workshops.FIRST WORKSHOPDATE AND TIME: May 14, 2002, 9:00 a.m. – 12:00 Noon(EDT)PLACE: Ragan Park Community Center, 1200 East LakeAvenue, Tampa, Florida, (813)231-1330SECOND WORKSHOPDATE AND TIME: May 15, 2002, 9:00 a.m. – 12:00 Noon(EDT)PLACE: South Florida Regional Planning Council, ConferenceRoom, Suite 140, 3440 Hollywood Boulevard, Hollywood,Florida, (954)985-4416THIRD WORKSHOPDATE AND TIME: May 16, 2002, 9:00 a.m. – 12:00 Noon(EDT)PLACE: East Central Florida Regional Planning Council,Suite 100, Conference Room, 631 N. Wymore Road, Maitland,Florida, (407)623-1075FOURTH WORKSHOPDATE AND TIME: May 17, 2002, 9:00 a.m. – 12:00 Noon(EDT)

PLACE: Northeast Florida Regional Planning Council, 6850Belfort Oaks Place, Jacksonville, Florida, (904)279-0880FIFTH WORKSHOPDATE AND TIME: May 22, 2002, 9:00 a.m. – 12:00 Noon(EDT)PLACE: Department of Community Affairs, Kelley TrainingCenter, Room 305, Sadowski Building, 2555 Shumard OakBoulevard, Tallahassee, Florida, (850)922-2207SIXTH WORKSHOPDATE AND TIME: May 22, 2002, 2:00 p.m. – 5:00 p.m.(EDT)PLACE: Department of Community Affairs, Kelley TrainingCenter, Room 305, Sadowski Building, 2555 Shumard OakBoulevard, Tallahassee, Florida, (850)922-2207SEVENTH WORKSHOP – VIDEO TELECONFERENCEDATE AND TIME: May 22, 2002, 1:00 p.m. – 4:00 p.m.(CDT)PLACE: Room 501, General Daniel James Building, 160Government Center, Pensacola, Florida, (850)595-8081GENERAL SUBJECT MATTER TO BE CONSIDERED: Thepurpose of these workshops is to provide information andtechnical assistance to eligible applicants to assist in thepreparation of applications for awards for land acquisitionsunder the Florida Communities Trust Florida Forever Program.ACTION TO BE TAKEN: Information will be presented toassist local governments in completing the FloridaCommunities Trust Florida Forever application form and inunderstanding the review, evaluation and acquisitionprocedures.The Agenda for the workshops will be as follows:1. Call to order.2. Explanation by representatives of the Trust as to the

purpose of the Florida Communities Trust Florida ForeverProgram and the application procedure.

3. Public questions.4. Adjournment.WHERE TO OBTAIN COPIES: A copy of the FloridaCommunities Trust Florida Forever Program application FF-2(eff. _________) and Rule Chapter 9K-7, F.A.C., the rulegoverning the Florida Forever Program of the FloridaCommunities Trust, will be available at the workshops or maybe obtained by visiting the website www.dca.state.fl.us, calling(850)922-2207, Suncom 292-2207 or by writing: FloridaCommunities Trust, 2555 Shumard Oak Boulevard,Tallahassee, Florida 32399-2100.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactthe Florida Communities Trust, (850)922-2207, Suncom292-2207, at least five calendar days prior to the meeting. Ifyou are hearing or speech impaired, please contact the Florida



Communities Trust using the Florida Dual Party Relay Systemwhich can be reached at 1(800)955-8770 (Voice) and1(800)955-8771 (TDD).

DEPARTMENT OF TRANSPORTATION

The Florida Department of Transportation, District 5conducted a Public Hearing on:DATE AND TIME: April 2, 2002, 6:30 p.m.PLACE: Riverdale Elementary School, 11301 LokanotosaTrail, Orlando, Orange County, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:This Public Hearing was conducted to afford interested personsthe opportunity of expressing their views concerning thereclassification of the existing access managementclassification from an Access Class 3 to an Access Class 5, perRule Chapter 14-97-005, F.A.C. and FDOT Procedure525-0300-155-c, of S.R. 50 (Colonial Drive) from Dean Roadto Old Cheney Highway.With the public’s concurrence, the Department has determinedthat an Access Class 5 would be the most appropriateclassification for this section of S.R. 50. This change will allowfor median openings and driveways to be spaced more closelythan were allowed under the previous classification, subject toapproval by the Department.

The Florida High Speed Rail Authority announces a publicmeeting to which all persons are invited.DATE AND TIME: Wednesday, May 8, 2002, 9:00 a.m. –ConclusionPLACE: Orange County Convention Center, Room 300, 9800International Drive, Orlando, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED: Toconduct Florida High Speed Rail Authority business.Information may be obtained by contacting: Nazih Haddad,605 Suwannee Street, Tallahassee, Florida 32399-0450,(850)414-4500.Pursuant to provisions of the Americans with Disabilities Act,any person requiring special accommodations to participate inthese meetings is asked to advise the Authority at least 48hours before the meetings by contacting Betty Sizemore,(850)414-5244.

The Department of Transportation announces a ruledevelopment workshop to be held on Rule 14-10.0052, F.A.C.,Comprehensively Enacted Zoning and Zoning EnactedPrimarily to Permit Signs. The rule development workshop is scheduled as follows:DATE AND TIME: May 20, 2002, 10:00 a.m.PLACE: The Suwannee Room, Room 250, 605 SuwanneeStreet, Tallahassee, Florida

The notice of Proposed Rule Development was published inFlorida Administrative Weekly, Vol. 28, No. 14, dated April 5,2002, pages 1540 and 1541. A rule development workshop hasbeen requested by the Florida Outdoor AdvertisingAssociation.SUBJECT AREA TO BE ADDRESSED: A new rule is beingadopted pertaining to comprehensively enacted zoning andzoning enacted primarily to permit signs. The text of theproposed new rule was included in the notice of ruledevelopment as published.

STATE BOARD OF ADMINISTRATION

NOTICE IS HEREBY GIVEN by the State Board ofAdministration of a public meeting of the Advisory Councilto the Florida Hurricane Catastrophe Fund to which all personsare invited.DATE AND TIME: Friday, May 3, 2002, 10:00 a.m. – 11:00a.m. (Eastern Standard Time)PLACE: This meeting will be a teleconference call. Personswho wish to participate or listen may call (850)488-8295 orSuncom 278-8295 on the date and at the time indicated foraccess to the meeting.GENERAL SUBJECT MATTER TO BE CONSIDERED: Toobtain approval, contingent upon enrolled bills CS/HB 1418,CS/SB 1822 and/or CS/HB 385 becoming law, to engage inemergency rulemaking with respect to Rules 19-8.010, F.A.C.(Reimbursement Contract) and 19-8.029, F.A.C. (InsurerReporting Requirements) and with respect to Loss ReportForms FHCF-L1A, FHCF-L1B and FHCF-L1C. FHCFcoverage for certain additional living expenses is provided forin CS/HB 1418 and FHCF coverage for certain collateralprotection policies is provided for in CS/SB 1822 and CS/HB385. Permission will also be sought, should these bills becomelaw, to begin rulemaking, under the usual non-emergencyprocess, with respect to these rules and forms. In addition,other general business of the Council may be addressed.Anyone wishing a copy of the agenda for either meeting shouldcontact: Patti Elsbernd, Florida Hurricane Catastrophe Fund,Post Office Drawer 13300, Tallahassee, FL 32317-3300.In compliance with the Americans with Disabilities Act, anyperson needing special accommodation to participate in themeeting is requested to contact Patti Elsbernd by mail, at theaddress given immediately above or by telephone,(850)413-1346, as soon as possible prior to the meeting so thatappropriate arrangements can be made.

PUBLIC SERVICE COMMISSION

NOTICE IS HEREBY GIVEN that the Florida Public ServiceCommission will hear an oral argument in the followingdockets:



Docket No.: 020262-EI – Petition for Determination of Needfor an Electrical Power Plant in Martin County by FloridaPower & Light Company.Docket No.: 020263-EI – Petition for Determination of Needfor an Electrical Power Plant in Manatee County by FloridaPower & Light Company. The oral argument will be heard atthe following:DATE AND TIME: May 3, 2001, 9:30 a.m. (EST)PLACE: The Betty Easley Conference Center, Room 148,4075 Esplanade Way Tallahassee, FL 32399GENERAL SUBJECT MATTER TO BE CONSIDERED: Thepurpose of this oral argument is to provide parties theopportunity to argue the Joint Motion for Summary FinalOrder filed by Calpine Energy Services, L.P. and ReliantEnergy Power Generation, Inc.Any person requiring some accommodation at this oralargument because of a physical impairment should call theDivision of the Commission Clerk and AdministrativeServices, (850)413-6770, at least 48 hours prior to the hearing.Any person who is hearing or speech impaired should contactthe Commission by using the Florida Relay Service, which canbe reached at 1(800)955-8771 (TDD).For additional information, please contact: Martha CarterBrown, Office of General Counsel, 2540 Shumard OakBoulevard Tallahassee, FL 32399-0850, (850)413-6187.

WATER MANAGEMENT DISTRICTS

The Suwannee River Water Management Districtannounces the following public meetings to which allinterested persons are invited.DATE AND TIME: May 19, 2002, 9:00 a.m.PLACE: Tommy Usher Center, 506 S. W. 4th Avenue,Highway 345, Chiefland, FLGENERAL SUBJECT MATTER TO BE CONSIDERED:Board Meeting – to consider District business, and conductpublic hearings on regulatory and land acquisition matters.PURPOSE: Public hearing in accordance with Section373.139(3)(a), F.S., concerning the proposed purchase ofproperty for the Wachovia Bank/Jennings Wastewater Tract,107 acres +/-, Hamilton County, Florida; the proposedpurchase of the Curtis/Davis Tract, 180 acres +/-, HamiltonCounty, Florida; the proposed purchase of the Randal andCheryl Spradley/Price Creek Tract, 25 acres +/-, ColumbiaCounty, Florida; proposed acceptance of the Gilchrist CountyDonation/Bell Springs Addition, 26.7 acres, Gilchrist County,Florida; and proposed acceptance of the DOF/Santa Fe RiverMitigation/Donation, 41.7 acres +/-, Gilchrist County, Florida,all using funds from the Florida Forever Trust Fund.DATES AND TIMES: May 9, 2002, 2:00 p.m.; May 10, 2002,8:30 a.m.PLACE: Cedar Key Historical Museum, Second Street andHighway 24, Cedar Key, Florida

GENERAL SUBJECT MATTER TO BE CONSIDERED:Governing Board Workshop on FY 2003 Budget.A copy of the agenda(s) may be obtained by writing: SRWMD,9225 CR 49, Live Oak, Florida 32060.If any person decides to appeal any decision with respect toany matter considered at the above cited meeting, such personmay need to ensure that a verbatim record of the proceedings ismade to include the testimony and evidence upon which theappeal is to be based.Persons with disabilities who need assistance in order toparticipate in this meeting may contact Lisa Cheshire,(386)362-1001 or 1(800)226-1066 (Florida only), at least twobusiness days in advance to make appropriate arrangements.

The St. Johns River Water Management District announcesthe following Projects and Land Committee meetings and tour:PROJECTS AND LAND COMMITTEE MEETINGDATE AND TIME: Thursday, May 2, 2002, 2:00 p.m. – 5:00p.m.PLACE: Brevard County Government Complex, 2725 JudgeFran Jamieson Way, Viera, FL 32940GENERAL SUBJECT MATTER TO BE CONSIDERED: ForA Prioritization of Projects meeting. (For Discussion Only)DATE AND TIME: Thursday, May 2, 2002, 6:30 p.m.PLACE: Brevard County Government Complex, 2725 JudgeFran Jamieson Way, Viera, FL 32940GENERAL SUBJECT MATTER TO BE CONSIDERED:Overview of the Upper Basin Project and Presentation onMelbourne’s Water Supply History.PROJECTS AND LAND COMMITTEE BUSINESSMEETINGDATE AND TIME: May 3, 2002, 10:00 a.m. –12:00 NoonPLACE: Brevard County Government Complex, 2725 JudgeFran Jamieson Way, Viera, FL 32940GENERAL SUBJECT MATTER TO BE CONSIDERED: TheBusiness meeting will be followed by lunch and a tour of theWater Plant and Moccassin Island.A copy of the agenda can be obtained by writing: St. JohnsRiver Water Management District, P. O. Box 1429, Palatka,FL 32178-1429 or by calling Sonia Kuecker, BRS IV/WaterResources, (904)312-2330.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this meeting is asked to advise the agency at least48 hours before the meeting by contacting Mrs. LindaLorenzen, (904)329-4262. If you are hearing or speechimpaired, please contact the agency by calling (904)329-4450(TDD).



The St. Johns River Water Management District announcesthe following public meetings and hearings, which may beconducted by means of or in conjunction with communicationstechnology, to which all persons are invited:MEETING OF GOVERNING BOARD CHAIR ANDCOMMITTEE CHAIRSDATE AND TIME: Tuesday, May 7, 2002, 9:30 a.m.PLACE: District Headquarters, Highway 100, West, Palatka,Florida 32177GENERAL SUBJECT MATTER TO BE CONSIDERED:Discussion and consideration of District business includingregulatory and non-regulatory matters.FINANCE AND ADMINISTRATION COMMITTEEMEETINGDATE AND TIME: Tuesday, May 7, 2002, 10:00 a.m.PLACE: District Headquarters, Highway 100, West, Palatka,FL 32177GENERAL SUBJECT MATTER TO BE CONSIDERED:Discussion of Finance, Facilities/Planning/Construction,Information Technology and Personnel agenda items followedby committee recommendations to be approved by the fullGoverning Board.REGULATORY COMMITTEE MEETINGDATE AND TIME: Tuesday, May 7, 2002, 10:00 a.m.PLACE: District Headquarters, Highway 100, West, Palatka,FL 32177GENERAL SUBJECT MATTER TO BE CONSIDERED:Discussion of Regulatory agenda items followed by committeerecommendations to be approved by the full Governing Board.GOVERNING BOARD/REGULATORY MEETING ANDPUBLIC HEARINGDATE AND TIME: Tuesday, May 7, 2002, 1:00 p.m.PLACE: District Headquarters, Highway 100, West, Palatka,Florida 32177GENERAL SUBJECT MATTER TO BE CONSIDERED:Discussion and consideration of District business includingregulatory and non-regulatory matters. All or part of thismeeting may be conducted as a teleconference in order topermit maximum participation of Governing Board members.GOVERNING BOARD MEETING AND PUBLICHEARINGDATE AND TIME: Wednesday, May 8, 2002, 9:00 a.m.PLACE: District Headquarters, Highway 100, West, Palatka,Florida 32177GENERAL SUBJECT MATTER TO BE CONSIDERED:Staff will recommend approval of external budgetamendments. Discussion and consideration of District businessincluding regulatory and non-regulatory matters. All or part ofthis meeting may be conducted as a teleconference in order topermit maximum participation of Governing Board members.

NOTE: In the event of a declared emergency or emergencyconditions due to an imminent tropical storm or hurricane, thismeeting may be conducted by teleconference.A copy of the agenda for these meetings may be obtained bywriting: St. Johns River Water Management District, P. O. Box1429, Palatka, Florida 32178-1429, Attention: Ann Freeman,Executive Office.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in these meetings and hearings is requested toadvise the District at least 48 hours before the meeting orhearing by contacting Ann Freeman, (386)329-4101. If you arehearing or speech impaired, please contact the District bycalling (386)329-4450 (TDD).If any person decides to appeal any decision with respect toany matter considered at the above-listed meetings or hearings,such person may need to ensure that a verbatim record of theproceedings is made to include the testimony and evidenceupon which the appeal is to be based.

The South Florida Water Management District announces apublic meeting(s) to which all interested parties are invited:DATE AND TIME: May 2, 2002, 8:30 a.m.PLACE: South Florida Water Management, Auditorium, 3301Gun Club Road, West Palm Beach, FL 33406GENERAL SUBJECT MATTER TO BE CONSIDERED:Water Resources Advisory Commission Meeting.TENTATIVE MEETING DATES FOR MAY. If at the May 2,2002, meeting, the Water Resources Advisory Commissiondecides to hold additional meetings and/or Issue Workshops,the following dates are being scheduled and noticed. If you’replanning to attend any of the followings meetings please callthe staff identified in this notice to ensure that a meeting hasnot been cancelled:DATES AND TIMES: Monday May 6, 2002, 10:30 a.m.;Monday May 13, 2002, 10:30 a.m.; Monday May 20, 2002,10:30 a.m.; Thursday May 23, 2002, 8:30 a.m.PLACE: SFWMD Headquarters, 3301 Gun club Road, WestPalm Beach, FL 33406A copy of the agenda(s) may be obtained at the District websiteseven (7)days prior to the meeting athttp://www.sfwmd.gov/gover/wrac/agendas.html) or bywriting: South Florida Water Management District, Mail Stop6115, P. O. Box 24680, West Palm Beach, Florida33416-4680.Appeals from any South Florida Water Management DistrictBoard decision require a record of the proceedings. AlthoughWater Resources Advisory Commission (WRAC) meetingsand workshops are normally recorded, affected persons areadvised that it may be necessary for them to ensure that averbatim record of the proceeding is made, including thetestimony and evidence upon which the appeal is to be based.



Persons with disabilities who need assistance may contactPaula Moree, District Deputy Clerk, (561)682-6447, at leasttwo business days in advance of the meeting to makeappropriate arrangements.Those who desire more information, please contact: JulioFanjul, (561)682-2769 or Paula Moree, (561)682-6447,Governing Board Operations Department, DistrictHeadquarters, 3301 Gun Club Road, West Palm Beach, Florida33406.

The South Florida Water Management District announces aprivate closed door attorney-client session:DATE AND TIME: Wednesday, May 8, 2002, at or after 2:00p.m.PLACE: South Florida Water Management District, GoverningBoard Chambers, 3301 Gun Club Road, West Palm Beach,FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:Closed door attorney-client session pursuant to Fla. Stat.Section 286.011(8)(2001), Laws of Florida, to discusslitigation strategy in Miccosukee Tribe of Indians of Florida, v.South Florida Water Management District and Sam Poole, andFriends of Everglades v. South Florida Water ManagementDistrict, United States Court of Appeals Eleventh Circuit, CaseNo. 00-15703.ATTENDEES: Governing Board Members T. Williams, P.Brooks-Thomas, M. Collins, H. English, G. Fernandez, P.Gleason, N. Gutiérrez, L. Lindahl, H. Thornton; ExecutiveDirector H. Dean; District attorneys J. Fumero, S. Glazier, D.MacLaughlin and J. Nutt.The subject matter shall be confined to the pending litigation.Pursuant to Florida Law, the entire attorney-client session shallbe recorded by a certified court reporter. No portion of thesession shall be off the record.A copy of the transcript will be made part of the public recordat the conclusion of the litigation. All or part of this meetingmay be conducted as a teleconference in order to permitmaximum participation of governing board members.A copy of the agenda may be obtained: (1) District websitehttp://www.sfwmd.gov/agenda.html or (2) by writing: SouthFlorida Water Management District, Mail Stop 2130, PostOffice Box 24680, West Palm Beach, Florida 33416-4680.

The South Florida Water Management District announces apublic meeting which may be conducted by means of or inconjunction with communications technology, to which allinterested parties are invited:DATE AND TIME: May 8, 2002, 9:00 a.m. – 12:00 NoonPLACE: 16450 S. E. Federal Highway, Hobe Sound, FL33455, 1(800)326-3521

GENERAL SUBJECT MATTER TO BE CONSIDERED:SFWMD Board Workshop. Governing Board Members willparticipate in a tour at Jonathan Dickinson State Park in HobeSound. http://www.dep.state.fl.us/parks/districts5/jonathandickinson/index.aspDATE AND TIME: May 8, 2002, 2:00 p.m.PLACE: South Florida Water Management District,Headquarters, Auditorium, Building B-1, 3301 Gun ClubRoad, West Palm Beach, FL 33406, (561)682-8800GENERAL SUBJECT MATTER TO BE CONSIDERED: A.Regular Governing Board Workshop/Meeting to discuss andconsider District business including regulatory andnon-regulatory matters. B. Conduct meeting of the HumanResources Committee.All of part of this meeting may be conducted as ateleconference in order to permit maximum participation ofGoverning Board members. In the event of emergencyconditions due to an imminent tropical storm or hurricane, thismeeting may be conducted by teleconference in order to takeaction on items listed on the Thursday, May 9, 2002, meetingagenda, including regulatory and non-regulatory items.NOTE: Due to extensive demolition and construction at themain complex for the next 12 months, parking will be severelyimpacted. Additional parking for the public will be available atthe National Guard Armory just east of the main complex or atLake Lytel Park, located west of the main complex.DATE AND TIME: May 9, 2002, 8:30 a.m.PLACE: District Headquarters, Auditorium, Building B-1,3301 Gun Club Road, West Palm Beach, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:Regular Governing Board meeting for consideration ofregulatory and non-regulatory matters, including publicmeetings.All or part of this meeting may be conducted as ateleconference in order to permit maximum participation ofGoverning Board members.A copy of the agenda may be obtained by writing: SouthFlorida Water Management District, P. O. Box 24680, WestPalm Beach, Florida 33416-4680, or may be acquired via theSFWMD Web Site at http://www.sfwmd.gov/agenda.html.Appeals from any South Florida Water Management DistrictBoard decision require a record of the proceedings. AlthoughGoverning Board meetings and hearings are normallyrecorded, affected persons are advised that it may be necessaryfor them to ensure that a verbatim record of the proceeding ismade, including testimony and evidence upon which the appealis to be based.Persons with disabilities who need assistance may contactPaula Moree, Assistant District Clerk, (561)682-6447, at leasttwo business days in advance to make appropriatearrangements.



Those who desire more information may contact: GarrettWallace, District Clerk, 3301 Gun Club Road, West PalmBeach, Florida 33416-4680.

The South Florida Water Management District announces aprivate closed door attorney-client session in the event thissubject matter is not reached as noticed for May, 8, 2002, in theFriday, April 26, 2002 issue of the Florida AdministrativeWeekly.DATE AND TIME: Thursday, May 9, 2002, at or after 8:30a.m.PLACE: South Florida Water Management District, GoverningBoard Chambers, 3301 Gun Club Road, West Palm Beach,FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:Closed door attorney-client session pursuant to Fla. Stat.Section 286.011(8)(2001), Laws of Florida, to discusslitigation strategy in Miccosukee Tribe of Indians of Florida, v.South Florida Water Management District and Sam Poole, andFriends of Everglades v. South Florida Water ManagementDistrict, United States Court of Appeals Eleventh Circuit, CaseNo. 00-15703.ATTENDEES: Governing Board Members T. Williams, P.Brooks-Thomas, M. Collins, H. English, G. Fernandez, P.Gleason, N. Gutiérrez, L. Lindahl, H. Thornton; ExecutiveDirector H. Dean; District attorneys J. Fumero, S. Glazier, D.MacLaughlin and J. Nutt.The subject matter shall be confined to the pending litigation.Pursuant to Florida Law, the entire attorney-client session shallbe recorded by a certified court reporter. No portion of thesession shall be off the record. A copy of the transcript will be made part of the public recordat the conclusion of the litigation. All or part of this meetingmay be conducted as a teleconference in order to permitmaximum participation of governing board members.A copy of the agenda may be obtained: (1) District websitehttp://www.sfwmd.gov/agenda.html or (2) by writing: SouthFlorida Water Management District, Mail Stop 2130, PostOffice Box 24680, West Palm Beach, Florida 33416-4680.

SPACEPORT FLORIDA AUTHORITY

The Florida Space Authority announces a Board ofSupervisors meeting to with the public is invited.DATE AND TIME: May 8, 2002, 10:00 a.m. – 12:00 Noon(EDT)PLACE: Florida Space Authority, 100 Spaceport Way, CapeCanaveral, FL 32920GENERAL SUBJECT MATTER TO BE CONSIDERED: TheBoard will continue discussion on the status of negotiationsregarding the financing, acquisition, and leasing of a researchpark, status of Authority projects, development and

administrative issues of the Authority, and to consider othermatters related to the business of the Authority and other Stateagencies.For more information, contact Patricia Sweetman,(321)730-5301, Ext. 1210. To obtain a copy of the agenda,write: Florida Space Authority, 100 Spaceport Way, CapeCanaveral, Florida 32920-4003.Any person requiring special accommodation at this meetingbecause of a disability or physical impairment should contactFlorida Space Authority at least seven (7) days prior to themeeting.Please note that if a person decides to appeal any decisionmade by the Board of Supervisors with respect to any matterconsidered at the above cited meeting or hearing, they willneed a record of the proceedings, and for such purpose, theymay need to ensure that a verbatim record of the proceeding,which record includes the testimony and evidence upon whichthe appeal is to be based.

AGENCY FOR HEALTH CARE ADMINISTRATION

NOTICE OF CORRECTION – The Agency for Health CareAdministration announces a meeting pertaining to regulatoryissues for Long Term Care and Adult Living Facilities for allinterested persons.DATE AND TIME: May 13, 2002, 10:00 a.m.PLACE: The Agency for Health Care Administration, Ft.Knox Complex, Conference Room E, Bldg. 3, 2727 MahanDrive, Tallahassee, Florida, contact Earlean Roberts-Taylor,(850)922-9138Agenda items should be sent to: [email protected], byCOB, May 1, 2002.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

The Division of Hotels and Restaurants announces a meetingof the Elevator Safety Technical Advisory Committee to whichall interested parties are invited:DATE AND TIME: Monday, May 6, 2002, 10:00 a.m.PLACE: Conference Call: Suncom 277-8856 or(850)487-8856, Division of Hotels and Restaurants, 1940North Monroe Street, Tallahassee, Florida 32399-1012GENERAL SUBJECT MATTER TO BE CONSIDERED: Thepurpose of the meeting is to discuss the regulation of elevatorsafety.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this workshop is asked to advise the agency atleast 48 hours before the meeting by contracting Cathy White,(850)488-9097. Hearing or speech impaired please use FloridaRelay 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).



The person to be contacted regarding the meeting is: CathyWhite, Department of Business and Professional Regulation,Division of Hotels and Restaurants, 1940 North Monroe Street,Tallahassee, Florida 32399-1012, (850)488-9097 or The JohnsBuilding, 725 South Bronough Street, Tallahassee, Florida.

The Division of Hotels and Restaurants announces a meetingof the Hotels and Restaurants Advisory Council to which allpersons are invited:DATE AND TIME: May 8, 2002, 10:00 a.m. – 1:00 p.m.PLACE: Florida Restaurant Association, The Board Room,230 South Adams Street, Tallahassee, FLGENERAL SUBJECT MATTER TO BE CONSIDERED:Routine meeting of the Hotels and Restaurants AdvisoryCouncil.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this workshop is asked to advise the agency atleast 48 hours before the meeting by contacting Lee M.Cornman, Management Review Specialist, (850)488-9263. Ifyou are hearing or speech impaired, please contact the agencyby calling 1(800)955-8771 (TDD).A copy of the agenda may be obtained by contacting: LeeCornman, Division of Hotels and Restaurants, 1940 NorthMonroe Street, Tallahassee, Florida 32399-1012,(850)488-9263.The person to be contacted regarding the public meeting is:Lee M. Cornman, Management Review Specialist, Departmentof Business and Professional Regulation, Division of Hotelsand Restaurants, 1940 North Monroe Street, Tallahassee, FL32399-1012, (850)488-9263.

The Florida Board of Architecture and Interior Designannounces the following meeting to which all persons areinvited to attend.DATE AND TIME: May 17, 2002, 10:00 a.m.PLACE: Department of Business and Professional Regulation,1940 North Monroe Street, Tallahassee, FL 32399,(850)488-0951GENERAL SUBJECT MATTER TO BE CONSIDERED:Probable Cause Panel meeting, portions which are closed tothe public and a Probationary Committee meeting.To obtain a copy of the agenda, further information or submitwritten or other physical evidence, contact in writing: Board ofArchitecture and Interior Design, 1940 N. Monroe St.,Tallahassee, Florida 32399.If a person decides to appeal any decision made by the Boardwith respect to any matter considered at this meeting orhearing, he/she will need a record of the proceedings, and forsuch purpose he/she may need to ensure that a verbatim recordof the proceedings is made, which record includes thetestimony and evidence upon which the appeal is to be based.

Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactthe Board Office, (850)488-6685, at least five calendar daysprior to the meeting. If you are hearing or speech impaired,please contact the Board office using the Florida Dual PartyRelay System which can be reached at 1(800)955-8770(Voice) and 1(800)955-8771 (TDD).

The Board of Accountancy announces the following publicmeetings to which all person are invited:INDEPENDENCE TASK FORCEDATE AND TIME: Wednesday, May 29, 2002, 9:00 a.m.PLACE: Hilton Airport, 2225 Lois Avenue, Tampa FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:Independence Task Force meeting to discuss possible changesto Rule 61H-21.001, F.A.C., Independence. This is a publicmeeting.A copy of the Board agenda may be obtained by writing:Martha P. Willis, Division Director, Division of CertifiedPublic Accounting, Suite A, 240 N. W. 76th Drive,Gainesville, Florida 32607.If a person decides to appeal any decision made by the Boardwith respect to any matter considered at these meetings, hemay need to ensure that a verbatim record of the proceedings ismade, which record includes the testimony and evidence uponwhich the appeal is based.Pursuant to the provisions of the Americans with DisabilitiesAct any person requiring special accommodations toparticipate in this workshop/hearing/meeting is asked to advisethe agency at least 48 hours before theworkshop/hearing/meeting by contacting Martha Willis,(352)333-2500. If you are hearing or speech impaired, pleasecontact the agency by calling 1(800)955-8711.

The Florida Real Estate Appraisal Board announces ameeting of its Probable Cause Panel.DATE AND TIME: Monday, May 6, 2002, 9:00 a.m. PLACE: Department of Business and Professional Regulation,Division of Real Estate, Room 301, Third Floor, North Tower,400 W. Robinson Street, Orlando, FL 32801GENERAL SUBJECT MATTER TO BE CONSIDERED:Official business of the Florida Real Estate Appraisal BoardProbable Cause Panel. Portions of the probable cause panelmeeting are not open to the public.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactthe Florida Real Estate Appraisal Board, Division of RealEstate, (407)245-0800, at least five calendar days prior to themeeting. If you are hearing or speech impaired, please contactthe Florida Real Estate Appraisal Board, Division of Real



Estate using the Florida Dual Party Relay System which can bereached at 1(800)955-8770 (Voice) and 1(800)955-8771(TDD).

The Probable Cause Panel of the Florida Real EstateCommission announces a meeting to which all interestedpersons are invited.DATE AND TIME: May 14, 2002, 1:30 p.m. or the soonestthereafterPLACE: Suite 301, North Tower, 400 West Robinson Street,Orlando, FloridaPortions of the probable cause proceedings are not open to thepublic.Any person who desires a special accommodation at thismeeting because of a disability or physical impairment shouldcontact the Division of Real Estate, (407)245-0800 (betweenthe hours of 9:00 a.m. – 4:00 p.m.), at least five calendar daysprior to the meeting. If you are hearing or speech impaired,please call the Real Estate Division using the Florida DualParty Relay System which can be reached at 1(800)955-8770(Voice) and 1(800)955-8771 (TDD).

The Florida Real Estate Commission (FREC) announces ameeting to which all persons are invited.DATE AND TIME: May 15, 2002, 8:30 a.m.PLACE: Division of Real Estate, Commission Meeting Room301, North Tower, 400 West Robinson Street, Orlando, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:Official business of Commission – among topics included, butnot limited to, are proposed legislation affecting Chapter 475,Part I, F.S., rule development workshops, FloridaAdministrative Code 61J2 rule amendments, budgetdiscussions, escrow disbursement requests, Recovery FundClaims, education issues, petitions for declaratory statement,and disciplinary actions.If a person decides to appeal a decision made by theCommission, with respect to any matter considered at thismeeting or hearing, a record of the proceedings for suchpurpose, upon which the appeal is based, may be required.A copy of the agenda may be obtained by writing: DeputyClerk, Florida Real Estate Commission, 400 W. RobinsonStreet, Orlando, Florida 32801-1772.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactthe Department of Business and Professional Regulation,(407)245-0800, at least five (5) calendar days prior to themeeting. If you are hearing or speech impaired, please call theDivision of Real Estate using the Florida Dual Party RelaySystem, 1(800)955-8770 (Voice) and 1(800)955-8771 (TDD).


The Department of Environmental Protection announces apublic hearing on:DATE AND TIME: May 29, 2002, 2:00 p.m.PLACE: Room 611, Twin Towers Office Building, 2600 BlairStone Road, Tallahassee, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED: Toreceive testimony and public comment and to take final actionon the management of the FY 2002 State Revolving Fund(SRF) loan priority list for water pollution control projectsunder Rule 62-503.680, Florida Administrative Code.Approximately $80 million is projected to be available forassignment to qualifying wastewater, stormwater or nonpointsource projects.The full text of this notice is published on the internet at theDepartment of Environmental Protection’s home page athttp://www.dep.state.fl.us/ under the link or button titled“Official Notices.” For more information regarding the Notice,please contact Gary Powell, (850)488-8163.


The Department of Health, Abstinence Education Program isconducting a technical assistance workshop. All Department ofHealth’s funded abstinence projects in Pasco, Pinellas, Orange,Osceola, Hillsborough, Lake, Volusia and Seminole Countiesare invited to attend.DATE AND TIME: May 6, 2002, 9:00 a.m. – 4:00 p.m.PLACE: Orange County Health Department, 832 West CentralBoulevard, Orlando, FLGENERAL SUBJECT MATTER TO BE CONSIDERED:This workshop is designed to assist abstinence educationprograms in completing required documentation and to assistthe programs in problem solving programmatic issues.Additionally, discussions will be held on enhancedaccountability and evaluation requirements andcommunity-based media campaigns.Workshop facilitators will include Abstinence EducationProgram Staff, Colleen Shuster of Kidd and Driscoll, TomPavey of Department Of Health Communications Bureau, TheSchool of Social Work at Florida State University, and TheInstitute of Public Health at Florida A & M University.

The Department of Health, Bureau of Emergency MedicalServices announces a public meeting to which all persons areinvited.DATE AND TIME: May 23, 2002, 12:00 Noon – 4:00 p.m.PLACE: Broward General Medical Center, 1600 SouthAndrews Avenue, Ft. Lauderdale, FL 33316GENERAL SUBJECT MATTER TO BE CONSIDERED: Acommittee appointed by the Bureau of Emergency MedicalServices is holding a meeting to assist the Department of



Health in the implementation of the 1999 trauma legislationwhich requires the development of criteria for the consultationand transfer of trauma victims between trauma centers andacute care hospitals.A copy of the agenda may be obtained by writing: Departmentof Health, Bureau of Emergency Medical Services, 2020Capital Circle, Southeast, BIN #C18, Tallahassee, FL32399-1738 or by calling George Schaffer, (850)245-4440.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this meeting is asked to advise the agency beforeMay 16, 2002, by contacting George Schaffer, (850)245-4440.If you are hearing or speech impaired, please contact theagency using the Florida Dual Party Relay System which canbe reached at 1(800)955-8770 (Voice) and 1(800)955-8771(TDD).Purchase Order Number F00396

The Florida Board of Medicine announces a telephoneconference call to be held via meet me number.DATE AND TIME: Wednesday, May 8, 2002, 12:00 NoonPLACE: Meet Me Number: Florida Board of Medicine,(850)245-4131 for the meet me numberGENERAL SUBJECT MATTER TO BE CONSIDERED: Toconduct general business of the Board.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactthe Florida Board of Medicine, (850)245-4131, at least five (5)calendar days prior to the meeting. If you are hearing or speechimpaired, please call the Florida Board of Medicine using theFlorida Dual Party Relay System which can be reached at1(800)955-8770 (Voice) and 1(800)955-8771 (TDD).A copy of the agenda may be obtained by writing: LarryMcPherson, Board Director, Medical Quality Assurance, 4052Bald Cypress Way, BIN #C03, Tallahassee, Florida32399-3253.Please note that if a person decides to appeal any decisionmade by the Board with respect to any matter considered at theabove cited meeting or hearing, he will need a record of theproceedings, and for such purpose, may need to ensure that averbatim record of the proceeding is made, which recordincludes the testimony and evidence upon which the appeal isto be based. A verbatim tape record of the proceeding may beobtained from a court reporter, if present, or an audio recordfrom the Board Director.

The Department of Health, Board of Nursing HomeAdministrators announces an Application Review Committeemeeting to which all interested persons are invited.DATE AND TIME: May 9, 2002, 3:00 p.m.PLACE: Quality Inn & Suites, 2020 Apalachee Parkway,Tallahassee, Florida 32301

GENERAL SUBJECT MATTER TO BE CONSIDERED:Review applications for the 07/2002 NHA exam. The Boardwill also discuss a declaratory statement for nursing homeadministrator duties.A copy of the agenda may be obtained by writing: Board ofNursing Home Administrators, 4052 Bald Cypress Way, BIN#C-04, Tallahassee, Florida 32399-3254.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactDaisy King, Board of Nursing Home Administrators,(850)245-4292, Ext 3602, at least five calendar days prior tothe meeting. If you are hearing or speech impaired, pleasecontact the Department using the Florida Dual Party RelaySystem which can be reached at 1(800)955-8770 (Voice) and1(800)955-8771 (TDD).If a person decides to appeal any decision made by the Boardwith respect to any matter considered at this meeting, he willneed a record of the proceedings, and for such purpose, he mayneed to ensure that a verbatim record of the proceedings ismade, which record includes the testimony and evidence uponwhich the appeal is to be made.

The Department of Health, Board of Nursing HomeAdministrators announces a General Board Meeting to whichall interested persons are invited.DATE AND TIME: May 10, 2002, 9:00 a.m.PLACE: Quality Inn & Suites, 2020 Apalachee Parkway,Tallahassee, Florida 32301GENERAL SUBJECT MATTER TO BE CONSIDERED:Approve applications, conduct disciplinary proceedings andgeneral business of the Board. The Board will also discuss adeclaratory statement for nursing home administrator duties.A copy of the agenda may be obtained by writing: Board ofNursing Home Administrators, 4052 Bald Cypress Way, BIN#C-04, Tallahassee, Florida 32399-3254.Any person requiring a special accommodation at this meetingbecause of a disability or physical impairment should contactDaisy King, Board of Nursing Home Administrators,(850)245-4444, Ext 3602, at least five calendar days prior tothe meeting. If you are hearing or speech impaired, pleasecontact the Department using the Florida Dual Party RelaySystem which can be reached at 1(800)955-8770 (Voice) and1(800)955-8771 (TDD).If a person decides to appeal any decision made by the Boardwith respect to any matter considered at this meeting, he willneed a record of the proceedings, and for such purpose, he mayneed to ensure that a verbatim record of the proceedings ismade, which record includes the testimony and evidence uponwhich the appeal is to be made.

The Department of Health and the Board of OccupationalTherapy Practice announces a Conference Call to which allpersons are invited:



DATE AND TIME: April 26, 2002, 8:00 a.m. (EST) or soonthereafterPLACE: Number: (850)488-8295, Suncom 278-8295GENERAL SUBJECT MATTER TO BE CONSIDERED:Reconsideration of cases previously heard by Probable CausePanel.A copy of the agenda may be obtained by writing: Departmentof Health, Board of Occupational Therapy Practice, 4052 BaldCypress Way, BIN #C05, Tallahassee, Florida 32399-3255 orby calling the Board Office, (850)245-4373.Pursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this workshop/hearing/meeting is asked to advisethe department at least 48 hours before theworkshop/hearing/meeting by contacting the Board Office,(850)245-4373. If you are hearing or speech impaired, pleasecontact the department by calling 1(800)955-8770 (Voice) or1(800)955-8771 (TDD).Please note that if a person decides to appeal any decisionmade by the Board with respect to any matter considered at theabove-cited meeting or hearing, he/she will need to ensure thata verbatim record of the proceedings is made, which recordincludes the testimony and evidence upon which the appeal isto be based.

The Community Hospital Education Council announces aconference call to be held to which all persons are invited:DATE AND TIME: May 7, 2002, 2:00 p.m. – 3:00 p.m. (EST)PLACE: Call: 1(800)647-7427GENERAL SUBJECT MATTER TO BE CONSIDERED:General business of the council.A copy of the agenda may be obtained by writing: ArlishaRoberts, Office of Community Health Resources, 4052 BaldCypress Way, BIN #C15, Tallahassee, Florida 32399-1735,(850)245-4440, Ext. 3504.If you are hearing or speech impaired, please call the Office ofCommunity Health Resources using the Florida Dual PartyRelay System which can be reached at 1(800)955-8770(Voice) and 1(800)955-8771 (TDD).

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

The Council on Homelessness announces the meeting of theirApplication and Rule Committee to which all persons areinvited.DATE AND TIME: Thursday, May 9, 2002, 9:00 a.m.PLACE: Department of Children and Family Services, Room203, Building 1, 1317 Winewood Boulevard, Tallahassee, FL32399-0700

GENERAL SUBJECT MATTER TO BE CONSIDERED: TheCommittee will begin to assess the Challenge Grant andHomeless Housing Assistance Grant applications received forthis year’s awards, to see what changes are recommended toprepare for the 2003 applications.A copy of the agenda may be obtained by contacting: TomPierce, State Office on Homelessness, Room 103-A, Building2, 1317 Winewood Boulevard, Tallahassee, FL 32399-0700,(850)922-9850, [email protected] to Section 286.26, Florida Statutes, any disabledperson wishing to attend this meeting in order to request anyneeded special assistance should contact the office at least 48hours in advance of the meeting.

OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT ACCOUNTABILITY

The Miami-Dade Land Acquisition and Facilities AdvisoryBoard announces its meeting.DATE AND TIME: April 29, 2002, 1:00 p.m. – 4:00 p.m.PLACE: Miami-Dade School Board Administration Building,1450 N. E. 2nd Ave., Miami, FLGENERAL SUBJECT MATTERS TO BE CONSIDERED:The Advisory Board will consider several matters relating toMiami-Dade Land Acquisition and Facilities. These mattersmay include: the costs of facilities and operations, potentialsites for purchase, and revisions to the land acquisition process.The advisory board will also consider information regardingany recommendations it may make to the school district.A copy of the agenda can be obtained by contacting: MelissaCrawford, Office of Program Policy Analysis and GovernmentAccountability, Suite 312, 111 West Madison Street,Tallahassee, FL 32399-1475, (850)487-9256.If special accommodations are needed to attend this meetingbecause of a disability, please contact the above-mentionedindividual in advance of the meeting.

COUNCIL FOR EDUCATION POLICY, RESEARCH AND IMPROVEMENT

The Council for Education Policy, Research andImprovement announces a public meeting to which allinterested persons are invited.DATE AND TIME: Monday, May 6, 2002, 4:30 p.m. – 9:00p.m.; Tuesday, May 7, 2002, 8:30 a.m. – 5:00 p.m.PLACE: North Broward Preparatory School, 7600 LyonsRoad, Coconut Creek, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED: Theallotted time on May 6, 2002, is for committee meetings. TheCouncil will take action on reports related to facultyproductivity and student progression and will discuss theMaster Plan and other ongoing assignments.



For further information contact: Dr. William B. Proctor,Executive Director, Council for Education Policy Research andImprovement, Tallahassee, Florida 32399-1400,(850)488-7894.

SPACE COAST WORLD TRADE COUNCIL

The Space Coast World Trade Council, The U.S. CensusBureau, and the Regional Small Business Development Centerat Brevard Community College offer three Automated ExportSystem or AES Workshops in Brevard County. Enjoy thebenefits of free electronic filing of Shippers ExportDeclarations (SEDs) via the Internet. The workshops includean overview of the Automated Export System and hands-on PCtraining on the Census Bureau’s free on-line AESDirectsystem. Upon successful completion of a certification quiz,participants may start filing exports electronicallyimmediately.All exporters take note: AES replaces the paper ShippersExport Declaration on October 1st. You need this training!DATE AND TIME: May 7, 2002, 2:00 p.m. – 5:30 p.m.PLACE: BCC Titusville Campus, Room 214, Building 1, 1311N. US 1, Titusville FL 32780DATE AND TIME: May 8, 2002, 8:30 a.m. – 12:00 NoonPLACE: BCC Cocoa Campus, Building 12 BCC/UCF, 1519Clearlake Road, Cocoa FL 32922DATE AND TIME: May 8, 2002, 2:00 p.m. – 5:30 p.m.Enjoy the benefits of free electronic filing of Shippers ExportDeclarations (SEDs) via the Internet. The workshops includean overview of the Automated Export System and hands-on PCtraining on the Census Bureau’s free on-line AESDirectsystem. Upon successful completion of a certification quiz,participants may start filing exports electronically immediatelyat BCC Palm Bay Campus, 250 Community College Parkway,Palm Bay FL 32905. Cost: SCWTC Members, $35.Non-Members, $45. To register, please email: [email protected] more information, please call (321)725-3611.

ORANGE COUNTY RESEARCH AND DEVELOPMENT AUTHORITY

The Orange County Research and Development Authorityannounces a public meeting to which all persons are invited:DATE AND TIME: May 8, 2002, 8:00 a.m.PLACE: Lowndes, Drosdick, Doster, Kantor & Reed, 215North Eola, Orlando, FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED:General Business Meeting.

FLORIDA CENTER FOR ADVISING AND ACADEMIC SUPPORT

The Florida Center for Advising and Academic Support(FCAAS) announces a public meeting to which all persons areinvited.DATE AND TIME: May 10, 2002, 10:00 a.m. – 3:00 p.m.PLACE: Marriott Hotel, Tampa International Airport, Tampa,FloridaGENERAL SUBJECT MATTER TO BE CONSIDERED: Thequarterly meeting of the FCAAS Board will be held to discussthe ongoing development and administration of the FACTSproject.A copy of the agenda may be obtained by writing: FCAAS,Suite 1414, 325 West Gaines Street, Tallahassee, Florida32399-0400.Any persons requiring special accommodations to attend thismeeting because of a disability or physical impairment maycontact Yvette Hargreaves, FCAAS, (850)201-7363, at leastseven days in advance so that their needs can beaccommodated.

PALM BEACH COMMUNITY COLLEGE

The Region XII, Training Council and Assessment Center,Board of Directors announces a public meeting to which allinterested persons are invited:DATE AND TIME: Tuesday, May 14, 2002, 10:00 a.m.PLACE: Palm Beach Community College, Criminal JusticeRoom 101, 4200 Congress Avenue, Lake Worth FL 33461GENERAL SUBJECT MATTER TO BE CONSIDERED: Theagenda will include but is not limited to: F.D.L.E./C.J.S.T.C.updates; Palm Beach Community College/ Criminal JusticeInstitute Assessment Center update; Region XII BudgetApproval and any other business.A copy of the agenda may be obtained by contacting: SueVoccola, Secretary of the Criminal Justice Institute, PalmBeach Community College, 4200 Congress Avenue, LakeWorth, FL 33461, (561)868-3403.

NORTHEAST FLORIDA CRIMINAL JUSTICE TRAINING AND EDUCATION CENTER

The Region V Training Council will hold its Bi-AnnualAdvisory Meeting:DATE and TIME: May 15, 2002, 2:00 p.m.PLACE: Northeast Florida Criminal Justice Center,Conference Room, 4501 Capper Road, Jacksonville, FLFor an advance copy of the agenda, contact: Frank Heinze,Northeast Florida Criminal Justice Training and EducationCenter, (904)713-4828, Fax (904)713-4900.



Section VII Notices of Petitions and Dispositions

Regarding Declaratory Statements


NOTICE IS GIVEN THAT THE Agency for Health CareAdministration has issued a final order AHCA Case No.200205141, entitled In Re: Petition for Declaratory Statementof Adventist Health System/Sunbelt, Inc., d/b/a FloridaHospital. The final order was rendered on April 17, 2002 inresponse to the petition, which was noticed in the FloridaAdministrative Weekly, Vol. 27, No. 34 (August 24, 2001).The petition sought the Agency’s opinion on the followingquestion: Is surgery required to be reported under the“wrong-site surgical procedure” language of Section395.0197(5)(b), Florida Statutes, when the surgical site ismodified during surgery, not due to an error or mistake as tothe site, or a misidentification or error in pre-surgical preparingof the patient, but due to the clinical indications that manifestor can be observed only after the surgery has begun. TheAgency responded in the affirmative.A copy of the petition and the final order may be obtained bywriting: Agency Clerk, Agency for Health CareAdministration, 2727 Mahan Drive, Mail Stop 3, Tallahassee,Florida 32308.


NOTICE IS HEREBY GIVEN THAT the Division of FloridaLand Sales, Condominiums and Mobile Homes, Department ofBusiness and Professional Regulation, State of Florida, hasissued a final order In Re: Petition for Declaratory Statement,Steven Krupnick, Unit Owner, Nine Island AvenueCondominium, Petitioner; Docket Number CD2002-017. Thedivision denied the petition because this matter is the subject oflitigation presently before the circuit court.A copy of the final order may be obtained by writing: AgencyClerk, Department of Business and Professional Regulation,Division of Florida Land Sales, Condominiums and MobileHomes, 1940 North Monroe Street, Tallahassee, Florida32399-2217.

NOTICE IS HEREBY GIVEN THAT the Division of FloridaLand Sales, Condominiums and Mobile Homes, Department ofBusiness and Professional Regulation, State of Florida,received a petition for declaratory statement In Re: Petition forDeclaratory Statement, John J. Johnson, Unit Owner,Baywatch Condominium, Petitioner, on April 4, 2002.

The Petitioner requests an interpretation as to whether theassociation may prepare reviewed financial statements inaccordance with Section 718.111(13)(a)(2), Florida Statutes,where the bylaws provide for the preparation of auditedfinancial statements.A copy of the Petition for Declaratory Statement, DocketNumber CD2002-025, may be obtained by writing: AgencyClerk, Department of Business and Professional Regulation,Division of Florida Land Sales, Condominiums and MobileHomes, 1940 North Monroe Street, Tallahassee, Florida32399-2217. Please refer all comments to Joseph Garwood,Assistant General Counsel, Department of Business andProfessional Regulation, Division of Florida Land Sales,Condominiums and Mobile Homes, 1940 North MonroeStreet, Tallahassee, Florida 32399-2202.

Section VIII Notices of Petitions and Dispositions

Regarding the Validity of Rules

Notice of Petition for Administrative Determination hasbeen filed with the Division of Administrative Hearings onthe following rules:

NONE

Notice of Disposition of Petition for AdministrativeDetermination have been filed by the Division ofAdministrative Hearings on the following rules:

NONE

Section IX Notices of Petitions and Dispositions

Regarding Non-rule Policy Challenges

NONE

Section X Announcements and Objection Reports of

the Joint Administrative Procedures Committee

NONE

Section VII - Notices of Petitions and Dispositions Regarding Declaratory Statements 1953


Section XI Notices Regarding Bids, Proposals and

Purchasing

DEPARTMENT OF EDUCATION

INVITATION TO BID #FO&M 26-1Diesel Fuel and Gasoline

PURPOSE: The purpose of this bid is to establish an indefinitequantity, fixed mark-up agreement to be used as the primarysource for the purchase of Diesel Fuel and Gasoline for theFlorida State University, located in Tallahassee, Florida.Vendors shall respond to this bid with only the mark-up to theprice per gallon for each product shown as listed in the OilPrice Information Service for St. Marks. The successful vendormust invoice each shipment at the cost per gallon on St. Marksat the time of the delivery to the University plus the markupoffered on this bid. The mark-up per gallon you offer mustinclude all costs to the University except taxes.TERMS OF AGREEMENT: The effective period of anyagreement resulting from this Invitation to Bid will begin July1, 2002 and end June 30, 2003. Florida State University shallhave the option, at its discretion, to extend this agreement fortwo (2) additional one-year periods, July 1, 2003-June 30,2004 and July l, 2004-June 30, 2005, upon the written noticeto, and written acceptance from the vendor.AVAILABILITY OF FUNDS: The obligations of FloridaState University under the agreement are subject to theavailability of funds lawfully appropriated annually for thispurpose by the Legislature of the State of Florida.FAILURE OF VENDOR TO PERFORM: In the event that thevendor violates any of the provisions of the agreement, theUniversity may serve written notice upon such vendor of itsintention to terminate the agreement. Such notice is to state thereasons of such intention to terminate the agreement, andunless within (10) ten days after serving such notice upon thevendor, such violation has ceased and satisfactoryarrangements for correction be made, the agreement shall,upon expiration of said ten (10) days, cease and terminate, butthe liability of such vendor and his surety for any and all suchviolation(s) shall not be affected by any such termination.RIGHTS OF TERMINATION: Either party for any reason orwithout cause, damages or penalty can cancel this bid/contractwith a 30 day written notice to the other. However, during thethirty (30) day period after such notice is given, the rights,obligation and liability of each party to this agreement shallremain in full force and affect. Such cancellation shall end theobligations of both parties with regard to the purchase order.DELIVERY: In cases where “KEEP FULL” IS NOT specified,fuel will be delivered only upon request and unloaded intotanks indicated on specific work requests issued by FacilitiesOperations and Maintenance. Delivery must be made within24-hours after receipt of a delivery order unless the ordering

department for that one order grants approval for a longerdelay. In the event of a longer delay, Florida State Universityreserves the right to buy from any vendor other than the oneawarded the contract if said other vendor can provide deliverywithin a shorter period than the contract supplier can. Thisprovision will not be used to circumvent the intent of this bid.In the event that Florida State University declares andemergency, fuel must be delivered to the “KEEP FULL” siteswithin two hours of receiving notice from an authorizedUniversity representative.URGENT REQUIREMENTS: In the event of a bonifideemergency, wherein immediate delivery of an order is neededand the successful vendor cannot meet such a requirement, theUniversity reserves the right to order from any vendor that canmeet such a delivery requirement, without penalty to thecontract vendor. This provision will not be used to circumventthe intent of the agreement.PURCHASING METHODS:A. PURCHASING ORDERS: A regular purchase order will be

issued in instances where there is a known requirement,fixed quantity or one-time delivery.

B. BLANKET ORDERS: Blanket purchase orders for deliveryon an “AS NEEDED” basis will be issued in those instanceswhere there is a recurring need for indefinite quantities ofthe item covered by this agreement. Each blanket ordershould be referenced and invoiced by the blanket purchaseorder number. The blanket delivery orders will specify anestimated dollar amount to cover anticipated purchases, theperiod to be covered by that particular order, the size(s) andlocation(s) of the tank(s), the department or unit and thename of the individual(s) authorized to request releaseagainst that order. Only the Facilities Operations andMaintenance Department can change the dollar amount ofthis purchase order by a written change order. Some ordersmay specify “KEEP FULL” service for that particular orderonly.

BILLING INSTRUCTIONS: In cases where “KEEP FULL”service is NOT specified, any item delivered on a purchaseorder based on this agreement which is not delivered to theMaintenance Supply receiving dock, 106 Mendenhall BuildingA, must be accounted for by a signed delivery receipt by one ofthe individuals listed on the purchase order authorized torequest releases on the order. This signed delivery receipt mustbe submitted with the vendors invoice. Invoices must includethe number of gallons delivered, the Oil Price, and the firmmark-up offered on this bid. A copy of the report for the periodmust accompany each invoice for audit purposes. In caseswhere “KEEP FULL” service IS specified, the FacilitiesOperations and Maintenance, Utilities Section must be notifiedin advance of delivery. Due to DEP law specifying tanks be nomore than 7/8 full, the Maintenance Specialist in charge ofEmergency Generators must be present when the tanks arefilled.

1954 Section XI - Notices Regarding Bids, Proposals and Purchasing


TELEPHONE SERVICE: Please indicate below if the vendorwill provide toll free telephone service during the performanceperiod of any other resulting from this agreement:

YES (provided): _______________NO (not provided): _______________AGREEMENT CONTACT PERSON: Name, Address, andTelephone number of person to contact concerningagreement, delivery, and/or performance.NAME:_________________________________________ADDRESS:______________________________________

_______________________________________________TELEPHONE NUMBER:__________________________

FREIGHT: Any bid submitted which requires Florida StateUniversity to pay freight in addition to the amount bid WILLNOT be accepted. Unit price MUST include freight.TAXES: Prices bid on all items shall be firm mark-up pergallon for #2 diesel fuel and gasoline.EXCLUSIVE OF STATE AND FEDERAL TAXES:Appropriate State of Florida taxes should be added to eachinvoice. The taxes should be clearly itemized anddocumentation justifying the taxes presented if requested bythe University. Federal Excise tax on diesel fuel should not becharged to the University. A certificate of exemption will beprovided to the successful vendor as required by the InternalRevenue Service. The University reserves the right to negotiatewith the successful vendor the best avenue for addressing thecollection and payment of taxes on diesel fuel.AWARD: Award will be based on the firm mark-up per gallonincluding delivery cost, overhead, profit, and other costs. TheUniversity reserves the right to award this bid on an “all ornone” basis or by type of fuel, as in our best interests.SUPPORT DOCUMENTATION: Bidder must submitcomplete Support Documentation with his bid. Discounts forprompt payment WILL NOT be considered in determining thelow responsive bidder. Any cash discount a bidder wishes tooffer should be reflected in the bid price quoted.NOTE TO VENDOR: The successful vendor will be requiredto clean-up any and all fuel oil spills on University property,which are caused by the vendor. The vendor must send arepresentative to clean up any spill within one (1) hour fromthe time that he is aware of or has been notified by theUniversity that a spill has occurred. The Florida StateUniversity Environmental Health and Safety Office will be thesole judge as to whether a spill has been cleaned upsatisfactorily. Due to the possible threat to human life andproperty caused by spills, failure to comply with this provisionshall be grounds for cancellation of any purchase order(s)resulting from this bid.ESTIMATED USAGE: The below listed quantities representthe estimated Diesel Fuel and Gasoline requirements of theUniversity for the time period listed in this bid. The University

does not guarantee that the listed quantities will be purchased.However, the University does reserve the right to purchasemore or less depending upon actual needs.

Unleaded Gasoline – approximately 200,000 gallonsDiesel Fuel – approximately 50,000 gallonsDELIVERY SITES: Fuel will be delivered to the followingsites:A: Facilities Operations and Maintenance Supply, 106Mendenhall Building A.B: Seminole Golf Course.C: Keep Full Sites/Emergency Generators.Special Note: FSU MAINTENANCE REQUESTSMETERED DELIVERY RECEIPT FOR EACHDELIVERY.NOTICE TO BIDDERS:THERE WILL BE A PUBLIC BID OPENING:April 29, 2002, 2:00 p.m.Florida State UniversityFO&M Maintenance, Mendenhall Building A, Room 116Tallahassee, FL 32306

TO ENSURE YOUR BID OR NO BID RESPONSEREMAINS SEALED UNTIL OPENING TIME, YOU MUSTPUT BID NUMBER DATE AND TIME OF OPENING ONTHE OUTSIDE OF THE ENVELOPE OR FEDERALEXPRESS, ETC.PLEASE INDICATE ON ENVELOPE IF THIS IS A “NOBID”.QUOTE PRICE(S) F.O.B. FLORIDA STATE UNIVERSITY,TALLAHASSEE, FLORIDA 32306. ALL BID RESPONSESMUST INCLUDE FREIGHT. IF NOT INCLUDED IN THEPRICE FOR EACH ITEM, IT MUST BE LISTEDSEPARATELY AND INDIVIDUALLY FOR EACH ITEM.BIDDER MUST SUBMIT COMPLETE DESCRIPTIVELITERATURE AND SPECIFICATIONS ALONG WITHTHEIR BID FAILURE TO COMPLY WITH EITHER OFTHE ABOVE CONDITIONS MAY BE GROUNDS TOREJECT THE OFFENDING VENDOR’S BID.I CERTIFY BY THE SIGNING OF THIS INVITATION TOBID THAT THE PRICES OFFERED TO FLORIDA STATEUNIVERSITY ON THE ITEMS INCLUDED ARE LESSTHAN OR EQUAL TO THOSE OFFERED OTHER STATEUNIVERSITIES FOR THE SAME OR SIMILAR ITEMS.TERMS: DELIVERY DATE: IT IS ESSENTIAL THATYOUR FEDERAL EMPLOYER IDENTIFICATIONNUMBER (FEID) OR SOCIAL SECURITY NUMBER ISINCLUDED ON YOUR BID. SHOULD YOU BE THE LOWBIDDER, A PURCHASE ORDER CANNOT BE ISSUEDWITHOUT THIS NUMBER.THE AGENCY AND THE COMMISSION ON MINORITYECONOMICAL AND BUSINESS DEVELOPMENT ISHEREBY GRANTED STANDING TO PROTEST,PURSUANT TO SECTION 287.0954, F.S., IN A TIMELY

Section XI - Notices Regarding Bids, Proposals and Purchasing 1955


MANNER, ANY PROPOSED CONTRACT AWARD INCOMPETITIVE BIDDING FOR CONTRACTUALSERVICES AND CONSTRUCTION CONTRACTS THATFAIL TO INCLUDE MINORITY BUSINESS ENTERPRISEPARTICIAPTION, IF ANY RESPONDING BIDDER HASDEMONSTRATED THE ABILITY TO ACHIEVE ANYLEVEL OF PARTICIPATION, OR ANY CONTRACTAWARD FOR COMMODITIES WHERE, A REASONABLEAND ECONOMICAL OPPORTUNITY TO RESERVE ACONTRACT STATEWIDE OR DISTRICT LEVEL, FORMINORITY PARTICIPATION WAS NOT EXECUTED OR,AN AGENCY FAILED TO ADOPT PREFERENCE FORMINORITY PARTICIPATION. ANY LOW BIDDER WITHNO PARTICIPATION MAY BE DEEMED NOT IN “GOODFAITH.”NOTICE TO BIDDERS: A PERSON OR AFFILIATE WHOHAS BEEN PLACED ON THE CONVICTED VENDORLIST FOLLOWING A CONVICTION FOR A PUBLICENTITY CRIME MAY NOT SUBMIT A BID ON ACONTRACT TO PROVIDE ANY GOODS OR SERVICESTO A PUBLIC ENTITY, MAY NOT SUBMIT A BID ON ACONTRACT WITH A PUBLIC ENTITY FOR THECONSTRUCTION OR REPAIR OF A PUBLIC BUILDINGOR PUBLIC WORK, MAY NOT SUBMIT BIDS ONLEASES OF REAL PROPERTY TO A PUBLIC ENTITY,MAY NOT BE AWARDED OR PERFORM WORK AS ACONTRACTOR, SUPPLIER, SUBCONTRACTOR ORCONSULTANT UNDER A CONTRACT WITH ANYPUBLIC ENTITY, AND MAY NOT TRANSACTBUSINESS WITH ANY PUBLIC ENTITY IN EXCESS OFTHE THRESHOLD AMOUNT PROVIDED IN SECTION287.017, F.S., FOR CATEGORY TWO FOR A PERIOD OF36 MONTHS FROM THE DATE OF BEING PLACED ONTHE CONVICTED VENDOR LIST.NOTICE OF BID REQUEST FOR PROPOSALS PROTESTBIDING REQUIREMENT: ANY PERSON WHO FILES ANACTION PROTESTING A DECISION OR INTENDEDDECISION PURSUANT TO SECTION 120.53(5)(b), F.S.,PERTAINING TO THIS BID/REQUEST FOR PROPOSALS,SHALL POST WITH B. J. LEWIS, PURCHASING AGENT,FACILITIES OPERATIONS AND MAINTENANCE ATFLORIDA STATE UNIVERSITY AT THE TIME OFFILING THE FORMAL WRITTEN PROTEST A BONDPAYABLE TO FLORIDA STATE UNIVERSITY IN ANAMOUNT EQUAL TO THE AMOUNT OF YOURBID/PROPOSAL OR $5,000, WHICH EVER IS LESS. THISBOND SHALL BE CONDITIONED ON THE PAYMENTOF ALL COSTS WHICH MAY BE ADJUDGED AGAINSTTHE PROTESTING PARTIES IN THE ADMINISTRATIVEHEARING IN WHICH THE ACTION IS BROUGHT ANDIN ANY SUBSEQUENT APPELLATE COURTPROCEEDING. IN LIEU OF A BOND, THE UNIVERSITY

MAY ACCEPT A CASHIER’S CHECK OR MONEYORDER IN THE AMOUNT OF THE BONDREQUIREMENT.FAILURE TO FILE THE PROPER BOND AT THE TIMEOF FILING THE FORMAL WRITTEN PROTEST SHALLRESULT IN A DENIAL OF THE PROTEST.

Emergency Generator Building # CapacityBuildings1. Bellamy 8 400 gal2. Biomedical Research 9 150 gal3. Central Utilities, Main Plant 30 600 gal4. Central Utilities, Satellite Plant 33 150 gal5. Conradi 133 1,500 gal6. Diffenbaugh 2 300 gal7. Dirac Science 20 150 Gal8. Dittmer Chemistry Lab I 38 200 gal9. Dodd Hall Auditorium 49 150 gal10. DRS – Knowledge Center 247 1,500 gal11. ETV – Transmitter Tower,

HWY 20 147 500 gal12. Housewright Music North 54 300 gal13. Keen – I 41 125 gal14. Keen – II 41 1,000 gal15. Kuersteiner Music – South 89 200 gal16. Leach Recreation Center 26 80 gal17. Love 116 150 gal18. Love 116 2,000 gal19. Magnetic Lab, Innovation Park 22 1,000 gal20. Mendenhall Maint. A 77 500 gal21. Mission Rd. Greenhouse

(off campus) 367 2,500 gal22. Mission Rd. Greenhouse

(off campus) 366 2,000 gal23. Moore Athletic 200 300 gal24. Molecular Biophysics – IMB 146 500 gal25. Lk. Bradford Rd. Nursery 490 1,000 gal26. Parking Garage 70 500 gal27. Pepper Center 57 500 gal28. Sandels 135 500 gal29. Shores 19 275 gal30. Stone 50 425 gal31. Strozier Library 134 250 gal32. Tanner – FSU Police 76 600 gal33. Turnbull Conference – CPD 10 200 gal34. University Center – A 223 800 gal35. University Center – B 224 300 gal



36. University Center – C 225 1,000 gal37. Westcott 1 1,000 gal38. Williams 3 750 gal39. WFSU – TV (Innovation Park) 18 500 gal

COMPETITIVE SOLICITATIONSealed bids shall be received by the Florida State UniversityPurchasing Department until the dates and times shown for thefollowing projects. Proposals may be brought to the proposalopening or sent to:

Purchasing DepartmentSuite A1400, University CenterFlorida State UniversityTallahassee, FL 32306-32370

prior to bid opening. Proposer must reference proposalnumber, opening date and time on outside of proposal packageto insure proper acceptance. Proposals submitted by facsimileare not acceptable. For information relating to the CompetitiveSolicitation contact the Purchasing Agent identified in theproposal.K 4436-7: Non-Linear Sports Film Editing

System for the BasketballProgram

Public Proposal Opening: 11:00 a.m. (EST)Wednesday, May 15, 2002Suite A1400, University CenterPurchasing DepartmentFlorida State University

NOTICE TO PROFESSIONAL CONSULTANTSFlorida Atlantic University, on behalf of the State of Florida,Board of Education announces that professional services forMinor projects are required in the following disciplines:ARCHITECTURE.Project(s): Campus Service for Minor ProjectsProject(s) Location: Florida Atlantic University, All campuses.Projects included in the scope of this agreement will bespecific projects for renovations, alterations and additions thathave a basic construction budget estimated to be $1,000,000 orless, or studies for which the fee for professional services is$100,000 or less. Campus Service contracts for minor projectsprovide that the consultant will be available on an as-neededbasis for the upcoming fiscal year, July 1-June 30. Theconsultant receiving the award will not have an exclusivecontract to perform services for these projects. The Universitymay have additional campus service professionals undercontract during the same time period. Three firms will beselected for contract under this discipline for the upcomingfiscal year.

Firms desiring to provide professional services shall apply byletter specifying the discipline for which they are applying.Proximity of location will be a prime factor in the selection ofthe firm. Design ability will be considered as a selectioncategory.Attach to each letter of application:1. The most recent version of the Board of Regents

“Professional Qualifications Supplement” completed by theapplicant. Applications on any other form will not beconsidered.

2. A copy of the applicant’s current Professional RegistrationCertificate from the appropriate governing board. Anapplicant must be properly registered at the time ofapplication to practice its profession in the State of Florida.If the applicant is a corporation, it must be properlychartered by the Florida Department of State to operate inFlorida.

Submit four (4) copies of the above requested data bound in theorder listed above. Applications which do not comply with theabove instructions will not be considered. Application materialwill not be returned.The plans and specifications for A/E projects are subject toreuse in accordance with the provisions of Section 287.055,Florida Statutes. As required by Section 287.133, FloridaStatutes, a consultant may not submit a proposal for thisproject if it is on the convicted vendor list for a public entitycrime committed within the past 36 months. The selectedconsultant must warrant that it will neither utilize the servicesof, nor contract with, any supplier, subcontractor or consultantin excess of $15,000.00 in connection with this project for aperiod of 36 months from the date of their being placed on theconvicted vendor list.Professional Qualification Supplement forms, descriptiveproject information and selection criteria may be obtained bycontacting: Facilities Planning Department, Florida AtlanticUniversity, Attention: Alan R. Moldof, 777 Glades Road,Bldg. T-10, Room 9, Boca Raton, Florida 33431,(561)297-3039. PQS forms are available on the FloridaAtlantic University Division of the University Architect webpages at http://www.fau.edu/divdept/univarch/.Submittals must be received in the Facilities PlanningDepartment, Florida Atlantic University, 777 Glades Road,Bldg. T-10, Room 9, Boca Raton, Florida 33431, by 5:00 p.m.(Local Time), May 28, 2002. Facsimile (FAX) submittals arenot acceptable and will not be considered.



NOTICE TO PROFESSIONAL CONSULTANTSFlorida Atlantic University, on behalf of the State of Florida,Board of Education announces that professional services forMinor projects are required in the following disciplines:GEOTECHNICAL ENGINEERING.Project(s): Campus Service for Minor ProjectsProject(s) Location: Florida Atlantic University, All campuses.Projects included in the scope of this agreement will bespecific projects for which the fee for professional services is$100,000 or less. Campus Service contracts for minor projectsprovide that the consultant will be available on an as-neededbasis for the upcoming fiscal year, July 1-June 30. Theconsultant receiving the award will not have an exclusivecontract to perform services for these projects. The Universitymay have additional campus service professionals undercontract during the same time period.Firms desiring to provide professional services shall apply byletter specifying the discipline for which they are applying.Proximity of location will be a prime factor in the selection ofthe firm. Design ability will not be considered as a selectioncategory.Attach to each letter of application:1. The most recent version of the Board of Regents

“Professional Qualifications Supplement” completed by theapplicant. Applications on any other form will not beconsidered.

2. A copy of the applicant’s current Professional RegistrationCertificate from the appropriate governing board. Anapplicant must be properly registered at the time ofapplication to practice its profession in the State of Florida.If the applicant is a corporation, it must be properlychartered by the Florida Department of State to operate inFlorida.

Submit four (4) copies of the above requested data bound in theorder listed above. Applications which do not comply with theabove instructions will not be considered. Application materialwill not be returned.The plans and specifications for A/E projects are subject toreuse in accordance with the provisions of Section 287.055,Florida Statutes. As required by Section 287.133, FloridaStatutes, a consultant may not submit a proposal for thisproject if it is on the convicted vendor list for a public entitycrime committed within the past 36 months. The selectedconsultant must warrant that it will neither utilize the servicesof, nor contract with, any supplier, subcontractor or consultantin excess of $15,000.00 in connection with this project for aperiod of 36 months from the date of their being placed on theconvicted vendor list.Professional Qualification Supplement forms, descriptiveproject information, and selection criteria may be obtained bycontacting: Facilities Planning Department, Florida AtlanticUniversity, Attention: Alan R. Moldof, 777 Glades Road,Bldg. T-10, Room 9, Boca Raton, Florida 33431,

(561)297-3039. PQS forms are available on the FloridaAtlantic University Division of the University Architect webpages at http://www.fau.edu/divdept/univarch/.Submittals must be received in the Facilities PlanningDepartment, Florida Atlantic University, 777 Glades Road,Bldg. T-10, Room 9, Boca Raton, Florida 33431, by 5:00 p.m.(Local Time), May 28, 2002. Facsimile (FAX) submittals arenot acceptable and will not be considered.

NOTICE TO PROFESSIONAL CONSULTANTSThe Florida International University Board of Trusteesannounces that Professional Services in the discipline ofEngineering will be required for the project listed below:Project Name and Number: Central Utilities Plant Sub StationBR-822 Project Location: This facility will be located at FloridaInternational University, University Park.Project Description: This project is for construction of a newsatellite utility plant station with two 1,500-ton chillers. Thissub station and transport loop will be integrated with theexisting chilled water loop which will produce a doublelooped, single distribution system. This proposed expansionmust be capable of providing the necessary capacity andredundancy for growth projections outlined in the University’sCampus Master Plan and in accordance with guidelines forresearch Universities. A new tower to support the two chillersis required to be included within this substation. This facilitywill include a structure of approximately 5,000 GSF.The selected firm will provide design development,construction documents, and construction administration.Blanket professional liability insurance will be required in theamount of $500,000 and will be provided as a part of BasicServices.

INSTRUCTIONSFirms and Joint Ventures desiring to apply for considerationshall submit a letter of application.The letter of application should have attached:1. A completed (former Board of Regents) “Professional

Qualifications Supplement (SUSPQS),” dated September1999. Applications on any other form will not beconsidered. The MBE point scale in the PQS is no longerused. Disregard paragraph 4 on page 2 of the instructions.

2. A copy of the applicant’s current Professional RegistrationCertificate from the appropriate governing board.

An applicant must be properly registered at the time ofapplication to practice its profession in the State of Florida. Ifthe applicant is a corporation, it must be properly chartered bythe Florida Department of State to operate in Florida.



Submit seven (7) copies of the above requested data bound inthe order listed above. Applications that do not comply withthe above instructions will not be considered. State of FloridaMinority Business Enterprise certification is no longerrequested. Application material will not be returned.The plans and specifications for A/E projects are subject toreuse in accordance with the provisions of Section 287.055,Florida Statutes. As required by Section 287.133, FloridaStatutes, a firm may not submit a proposal for this project if itis on the convicted vendor list for a public entity crimecommitted within the past 36 months. The selected firm mustwarrant that it will neither utilize the services of, nor contractwith, any supplier, subcontractor or consultant in excess of$15,000.00 in connection with this project for a period of 36months from the date of their being placed on the convictedvendor list.Professional Qualifications Supplement forms may be obtainedon-line at http://www.fldcu.org/chn/cms.asp(Architect/Engineer Selection CM-N-06.03-09/99) and theProject Fact Sheet may be obtained by written request toFacilities Planning and Construction, Florida InternationalUniversity, Campus Support Complex, Room 236, UniversityPark, Miami, Florida 33199, or by FAXING a request to(305)348-4010. Requests for meetings by individual firms willnot be granted.Submit qualifications to: Mary Varela Witham, FacilitiesPlanner, Florida International University, Facilities Planningand Construction, Campus Support Complex, University Park,Miami, Florida 33199, by 2:00 p.m. (Local Time), Monday,May 27, 2002. Late submittals shall be disqualified. Facsimile(FAX) submittals are not acceptable and will not beconsidered.

CM SELECTION RESULTSThe Florida School for the Deaf and the Blind announces thaton the date listed below ranking was determined and an intentwas issued to negotiate and enter into a contract forConstruction Management Services in accordance with theConsultants Competitive Negotiation Act for the following:DATE: April 12, 2002NAME OF AGENCY: The Florida School for the Deaf and theBlindPROJECT NUMBER: FSDB 20020003PROJECT NAME: McLane Hall Renovation1. Batson-Cook Company, Jacksonville2. W. G. Mills, Inc., Jacksonville3. Auld & White Constructors, Inc., Jacksonville4. Perry-McCall Construction, Inc., Jacksonville

NOTICE OF CORRECTIONNOTICE TO PROFESSIONAL CONSULTANTS FOR

Request for Proposal (RFP)Professional Services

Pursuant to the publication on April 12, 2002 of thisadvertisement, the project entitled “Addition of Two ScienceLabs at Paxon Middle School No. 75/DCSB Project No.C-90130” should read “Addition of Two Science Labs atPaxon Middle School No. 75/DCSB Project No. C-90130”.Please note this change in the school name. All otherinformation remains the same.If you have any questions, call: James Scott, Project Manager,(904)390-2279.

BID REQUEST FORFRESH MILK AND OTHER DAIRY PRODUCTS

BID NO. 6009OPENING DATE: WEDNESDAY, MAY 8, 2002, 2:00 P.M.(EST)Request a bid package by:Phone: (239)479-4250, Fax: (239)337-8200In Person or Mail: 3308 Canal Street, Fort Myers, Florida33916-6594Requests must be received by Wednesday, April 30, 2002,2:00 P.M.Complete bid package available only upon request.By: Linda Owen, Senior Buyer

Invitation To Bid (ITB)For a General Contractor

Sealed bids will be received by Duval County Public Schools,Division of Facilities Services, Room 535, 1701 PrudentialDrive, Jacksonville, FL 32207 until the time and date(s)recorded below and immediately thereafter publicly openedand recorded in Fifth (5th) Floor Conference Room 513 D,School Board Building.

May 28, 20022:00 P.M.

DCSB Project No. M-88780 Replacement of Windows atJoseph Stilwell Middle School No. 219 and BrookviewElementary School No. 206Replace Windows at Brookview Elementary School No. 206Estimated Construction Budget is $350,000All contractors that are interested in bidding are required toattend a mandatory pre-bid conference to be held on May 15,2002, 10:00 a.m., Brookview Elementary School No. 206,10450 Theresa Drive, Jacksonville, Florida 32246. Failure toattend the pre-bid conference shall result in disqualification ofthat firm’s proposal. Attendees will be required to sign anattendance register.



All bidders and subcontractors shall be licensed contractorsand registered corporations as required by the laws of the Stateof Florida.Contract documents for bidding may be obtained for arefundable fee of $150 at the office of:

Akin & Associates Architects, Inc.6501 Arlington Expressway, Suite B-202Jacksonville, Florida 32211

DCSB Point of Contact: John Merrill, (904)858-6310Contract documents for bidding may be examined at:

F. W. Dodge MacGraw Hill Plan RoomConstruction BulletinConstruction MarketData, Inc.Business Service Center

MBE Participation Goal: Encouragement PlanThe Bid Award Recommendation will be posted on the FirstFloor, Bulletin Board, Duval County School Board Building,1701 Prudential Drive, Jacksonville, Florida 32207-8182.

Invitation To Bid (ITB)For a General Contractor

Sealed bids will be received by Duval County Public Schools,Division of Facilities Services, Room 535, 1701 PrudentialDrive, Jacksonville, FL 32207 until the time and date(s)recorded below and immediately thereafter publicly openedand recorded in Room 513D, 5th Floor, School BoardBuilding.

BIDS ARE DUE ON OR BEFORE MAY 28, 2002AND WILL BE ACCEPTED UNTIL 2:00 P.M.

Additions to Alfred I. duPont Middle School No. 66 DCPSPROJECT NO. C-90140This project will provide new construction for ten (10)classrooms. The estimated construction cost of this project is$1,800,000.All contractors that are interested in bidding are required toattend a mandatory pre-bid conference to be held on May 8,2002, 10:30 a.m., 2710 duPont Avenue, Jacksonville, Florida32217. Failure to attend the pre-bid conference shall result indisqualification of that firm’s proposal. Attendees will berequired to sign an attendance register.All bidders and subcontractors shall be licensed contractorsand registered corporations as required by the laws of the Stateof Florida.Contract documents for bidding may be obtained for arefundable fee of $250 at the office of:

Waitz & Moye, Inc./Engineers Planners6900 N. Southpoint Drive, Suite 4Jacksonville, Florida 32216Telephone (904)332-9911

DCSB Point of Contact: Tony Gimenez, (904)390-2279Contract documents for bidding may be examined at Waitz &Moye, Inc./Engineers Planners at the address listed aboveMBE Participation Goal: 10% AA; 5% WBE; 5% HANAThe Bid Award Recommendation will be posted on the FirstFloor, Bulletin Board, Duval County School Board Building,1701 Prudential Drive, Jacksonville, Florida 32207-8182.

REGIONAL TRANSPORTATION AUTHORITIES

REQUEST FOR PROPOSAL NO. 02-709PROFESSIONAL AUDITING SERVICES

Tri-County Commuter Rail Authority (TCRA), an agency ofthe State of Florida, operates a 71 mile commuter railroad witheighteen (18) stations in Miami-Dade, Broward and PalmBeach Counties.THE PURPOSE of this Request for Proposal (RFP) is to enterinto an Agreement with a Certified Public Accounting Firm toaudit the financial statements of Tri-County Commuter RailAuthority (TCRA). The Contractor will perform audits for thefiscal years ending June 30, 2002, June 30, 2003, and June 30,2004, with the option of auditing TCRA’s financial statementsfor the next two subsequent years. TCRA has instituted amandatory exclusion clause prohibiting any firm fromparticipating if it has provided auditing services to TCRAwithin the past 5 years.A REQUEST FOR DOCUMENTS should be directed to: Mr.Robert Becker, Tri-Rail, 800 N. W. 33 Street, Suite 100,Pompano Beach, Florida 33064, (954)788-7909. The cost ofthe solicitation document is Fifty Dollars ($50.00)non-refundable. Checks or money orders made payable toTri-Rail should be forwarded to Mr. Becker at the addressabove. Solicitation documents will be available on or aboutApril 29, 2002.A PRE-PROPOSAL CONFERENCE will be held in theTri-Rail Board Room at the address above on May 6, 2002,2:00 p.m. The purpose of the meeting will be for Tri-Rail torespond to questions from document holders and clarifyrequirements in an open forum. Attendance is not mandatorybut is recommended.RECEIPT OF SEALED PROPOSALS: All proposals must bereceived in a sealed envelope no later than 5:00 p.m., May 30,2002, at the TCRA office in Pompano Beach.TCRA reserves the right to postpone, to accept, or reject anyand all proposals in whole or in part. All Proposers must certifythat they are not on the State of Florida Comptroller General’sList of Ineligible Bidders. All proposals must remain in effectfor One Hundred Eighty (180) days from the RFP submissiondue date.



DBE PARTICIPATION: TCRA solicits and encouragesDisadvantaged Business Enterprise (DBE) participation. DBEswill be afforded full consideration of their responses and willnot be subject to discrimination.

FLORIDA HOUSING FINANCE CORPORATION

Request for Proposals2002/02 Program Administrator/Master Servicer

The Florida Housing Finance Corporation invites all qualifiedand interested parties wishing to provide services as ProgramAdministrator/Master Servicer for the Single Family MortgageRevenue Bond Program to submit proposals for consideration.Written, sealed proposals shall be accepted until 12:00 Noon(Eastern Time), May 31, 2002, to the attention of RobinGrantham, Senior Contracts Analyst, Florida Housing FinanceCorporation, 227 North Bronough Street, Suite 5000,Tallahassee, Florida 32301-1329. For questions or additionalinformation, please contact Robin Grantham, (850)488-4197or [email protected] obtain a copy of the Request for Proposals, which outlinesselection criteria and offeror’s responsibilities, please submityour request to the attention of Robin Grantham, or you candownload the Request for Proposals from the Florida HousingFinance Corporation website athttp://www.floridahousing.org/rfps.html. Any modificationsthat occur to the Request for Proposals will be posted at thewebsite and may result in an extension of the deadline.

PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD

REQUEST FOR PROPOSALSFOR CHILD CARE SERVICES

The Palm Beach County Workforce Development Board, Inc.(WDB) is accepting proposals for the provision of childcareservices for dependent children of program participantsincluding infants, pre-schoolers, toddlers and school-agechildren. Services provided shall be in accordance with thePalm Beach County Health Department’s licensingrequirements and minimum standards for childcare programsconducted in Palm Beach County and with any otherapplicable federal, state, county or municipal law.The deadline for receipt of RFP responses is 5:00 p.m.(EasternDaylight Time) as determined by WDB, May 17, 2002 atWDB’s administrative office, 2051 Martin Luther King, Jr.,Blvd., Suite 302, Riviera Beach, FL 33404, ATTN: Kenneth E.Montgomery, President without exception.The RFP is available for pickup between the hours of 8:00 a.m.and 5:00 p.m., April 18, 2002 through May 17, 2002 at theWDB administrative office address stated above for anon-refundable service charge of $20.00 per RFP application.

Make checks payable to the “Palm Beach County WorkforceDevelopment Board, Inc.” The RFP is also available free ofcharge on WDB’s website at www.pbcworks.com. WDB maychange scheduled dates if it is to the advantage of WDB to doso. WDB will notify applicants of all RFP changes via postingon the WDB website, www.pbcworks.com, at the samelocation as the RFP. A bidder’s conference to answer questionsregarding the RFP will be held at WDB’s administrative officeon May 2, 2002, 2:00 p.m. and May 9, 2002, 9:00 a.m. TheWDB complies with the provisions of the Americans WithDisabilities Act. If you are a disabled person requiring anyaccommodations or assistance, please notify the WDB,Kenneth E. Montgomery at least 72 hours (3 days) in advance.WDB encourages women and minority businesses to submitproposals. WDB reserves the right to reject any or allproposals.

Section XII Miscellaneous

DEPARTMENT OF INSURANCE

DEPARTMENT OF INSURANCEOFFICE OF THE TREASURER

BUREAU OF COLLATERAL MANAGEMENTPUBLIC DEPOSITS SECTION

**************************************************FOR PUBLIC DEPOSITORS TO RECEIVE THEPROTECTION FROM LOSS PROVIDED IN CHAPTER280, FLORIDA STATUTES, THEY SHALL COMPLYWITH THE FOLLOWING ON EACH PUBLIC DEPOSITACCOUNT IN ADDITION TO ANY OTHERREQUIREMENTS SPECIFIED IN CHAPTER 280: (1)EXECUTE THE PUBLIC DEPOSIT IDENTIFICATIONAND ACKNOWLEDGMENT FORM DI4-1295 WITH THEQUALIFIED PUBLIC DEPOSITORY (QPD), MAINTAIN ITAS A VALUABLE RECORD, AND CONFIRM THEACCOUNT ANNUALLY; (2) EXECUTE AREPLACEMENT FORM DI4-1295 WHEN THERE IS AMERGER, ACQUISITION, NAME CHANGE, OR OTHEREVENT WHICH CHANGES THE ACCOUNT NAME,ACCOUNT NUMBER, OR NAME OF THE QPD.

THE FOLLOWING QPDS ARE AUTHORIZED TO HOLDPUBLIC DEPOSITS. THEY ARE LISTED UNDER THESTATE OF HOME OFFICE LOCATION. INSTITUTIONSMARKED WITH AN ASTERISK HAVE LIMITED THEAMOUNT OF PUBLIC DEPOSITS THEY WILLADMINISTER AND ARE NOT ACCEPTING NEW PUBLIC

Section XII - Miscellaneous 1961


DEPOSIT ACCOUNTS. DEPOSITORIES WITHDRAWINGFROM THE PROGRAM HAVE A STATED EFFECTIVEDATE OF WITHDRAWAL BESIDE THE NAMES ANDSHALL NOT RECEIVE OR RETAIN PUBLIC DEPOSITSAFTER THE DATE LISTED.**************************************************ALABAMA

BIRMINGHAMAMSOUTH BANKCOMPASS BANKREGIONS BANKSOUTHTRUST BANK

MONTGOMERYCOLONIAL BANK

WARRIORTHE BANKBRANCHES OF THIS QPD CONDUCT BUSINESS INFLORIDA UNDER THE NAMES THE BANK ANDEMERALD COAST BANK

CALIFORNIA

SAN FRANCISCOCITIBANK, F.S.B.

FLORIDA

ALACHUAFIRST NATIONAL BANK OF ALACHUA

APALACHICOLAAPALACHICOLA STATE BANK

ARCADIAFIRST STATE BANK OF ARCADIA

AVENTURATURNBERRY BANK

BARTOWCITRUS & CHEMICAL BANKCOMMUNITY NATIONAL BANK AT BARTOW

BELLE GLADEBANK OF BELLE GLADE

BONIFAYBANK OF BONIFAY

BRADENTONAMERICAN BANKCOAST BANK OF FLORIDAFIRST BRADENTON BANKFIRST NATIONAL BANK & TRUSTFLAGSHIP NATIONAL BANK

BRANDONPLATINUM BANK

BROOKSVILLEHERNANDO COUNTY BANK

CANTONMENTCITIZENS & PEOPLES BANK, N.A.

CAPE CORALRIVERSIDE BANK OF THE GULF COAST

CARRABELLEGULF STATE COMMUNITY BANK

CHIEFLANDDRUMMOND COMMUNITY BANK

CLEWISTONFIRST BANK OF CLEWISTONFIRST FEDERAL SAVINGS BANK OF THE GLADES

COOPER CITYFIRST WESTERN BANK

CORAL GABLESBANKUNITED, F.S.B.GIBRALTAR BANK, F.S.B.METRO BANK OF DADE COUNTY

CRAWFORDVILLECITIZENS BANK OF WAKULLAWAKULLA BANK

CRESTVIEWFIRST NATIONAL BANK OF CRESTVIEW

CRYSTAL RIVERCRYSTAL RIVER BANK

1962 Section XII - Miscellaneous


DADE CITYFIRST NATIONAL BANK OF PASCO

DAVIEREGENT BANK

DEBARYFIRST COMMUNITY BANK

DESTINDESTIN BANK

DUNNELLONDUNNELLON STATE BANK

ENGLEWOODENGLEWOOD BANKPENINSULA BANK

FERNANDINA BEACHFIRST COAST COMMUNITY BANKFIRST NATIONAL BANK OF NASSAU COUNTY

FORT LAUDERDALEBANKATLANTIC, F.S.B.EQUITABLE BANKGATEWAY AMERICAN BANK OF FLORIDA 05/15/2002LANDMARK BANK, N.A.

FORT MYERSEDISON NATIONAL BANK

FORT PIERCEHARBOR FEDERAL SAVINGS BANKRIVERSIDE NATIONAL BANK OF FLORIDA

FORT WALTON BEACHBEACH COMMUNITY BANKFIRST CITY BANK OF FLORIDAFIRST NATIONAL BANK & TRUST

FROSTPROOFCITIZENS BANK OF FROSTPROOF

GAINESVILLEMERCHANTS & SOUTHERN BANKMILLENNIUM BANK

GRACEVILLE*BANK OF JACKSON COUNTYPEOPLES BANK OF GRACEVILLE

GROVELANDPEOPLES STATE BANK OF GROVELAND

HAINES CITYFIRST NATIONAL BANK OF POLK COUNTY

HALLANDALEDESJARDINS FEDERAL SAVINGS BANK

HOMESTEADCOMMUNITY BANK OF FLORIDAFIRST NATIONAL BANK OF SOUTH FLORIDA

HOMOSASSA SPRINGSHOMOSASSA SPRINGS BANK

IMMOKALEEFLORIDA COMMUNITY BANK

INDIANTOWNFIRST BANK OF INDIANTOWN

INVERNESSBANK OF INVERNESS

JACKSONVILLEFIRST ALLIANCE BANK

JACKSONVILLE BEACHOCEANSIDE BANK

KEY LARGOTIB BANK OF THE KEYS

KEY WESTFIRST STATE BANK OF THE FLORIDA KEYS

KISSIMMEEFIRST NATIONAL BANK OF OSCEOLA COUNTY

LADY LAKECITIZENS FIRST BANK



LAKE CITYCNB NATIONAL BANKCOLUMBIA COUNTY BANKPEOPLES STATE BANK

LAKELANDFLORIDAFIRST BANK

LAKE MARYCOMMUNITY NATIONAL BANK OF MID FLORIDA

LAKE WALESAMERICAN BANK & TRUST OF POLK COUNTY

LARGOPremier Community Bank of Florida

LAUDERHILLUNION BANK OF FLORIDA

LEESBURGFIRST FEDERAL SAVINGS BANK OF LAKE COUNTY

LIVE OAKFIRST FEDERAL SAVINGS BANK OF FLORIDA

LONGWOODLIBERTY NATIONAL BANK

MADISONMADISON COUNTY COMMUNITY BANK

MALONEPCB, THE COMMUNITY BANK

MARATHONMARINE BANK OF THE FLORIDA KEYS

MAYOLAFAYETTE STATE BANK

MIAMIBAC FLORIDA BANKCITY NATIONAL BANK OF FLORIDACOCONUT GROVE BANKCOMMERCIAL BANK OF FLORIDACONTINENTAL NATIONAL BANK OF MIAMIEAGLE NATIONAL BANK OF MIAMIEASTERN NATIONAL BANKESPIRITO SANTO BANK

EXECUTIVE NATIONAL BANKGULF BANKHEMISPHERE NATIONAL BANKINTERAMERICAN BANK, F.S.B.INTERNATIONAL BANK OF MIAMI, N.A.MELLON UNITED NATIONAL BANKNORTHERN TRUST BANK OF FLORIDA, N.A.OCEAN BANKSOFISA BANK OF FLORIDATOTALBANKTRANSATLANTIC BANK

MILTONFIRST NATIONAL BANK OF FLORIDA

MONTICELLOFARMERS & MERCHANTS BANK

MOUNT DORAFIRST NATIONAL BANK OF MOUNT DORAFLORIDA CHOICE BANK

NAPLESBANK OF NAPLESCOMMUNITY BANK OF NAPLES, N.A.FIFTH THIRD BANK, FLORIDAFIRST NATIONAL BANK OF FLORIDAORION BANK

NEW SMYRNA BEACHFRIENDS BANK

NICEVILLEPEOPLES NATIONAL BANK

NORTH LAUDERDALE*SECURITY BANK, N.A.

NORTH MIAMIKISLAK NATIONAL BANK

NORTH PALM BEACHCOMMUNITY SAVINGS, F.A.ENTERPRISE NATIONAL BANK OF PALM BEACHPALM BEACH NATIONAL BANK & TRUST COMPANY

OAKLAND PARKAMERICAN NATIONAL BANK



OCALAFLORIDA CITIZENS BANK

OKEECHOBEEBIG LAKE NATIONAL BANK

ORANGE PARKFIRST NATIONAL BANKHERITAGE BANK OF NORTH FLORIDA

ORLANDOCENTURY NATIONAL BANKCITRUS BANKSOUTHERN COMMUNITY BANKUNITED HERITAGE BANK

ORMOND BEACHCOQUINA BANK

OVIEDOCITIZENS BANK OF OVIEDO

PAHOKEEFIRST COMMUNITY BANK OF PALM BEACH COUNTY

PALATKAFIRST FEDERAL BANK OF NORTH FLORIDAPUTNAM STATE BANK

PALM BEACHBANKERS TRUST FLORIDA, N.A.

PALM BEACH GARDENSADMIRALTY BANK

PALM COASTCYPRESS BANK

PALM HARBORPEOPLES BANK

PANAMA CITYBAY BANK & TRUST COMPANYFIRST NATIONAL BANK NORTHWEST FLORIDAPEOPLES FIRST COMMUNITY BANK

PEMBROKE PINESPOINTE BANK

PENSACOLABANK OF PENSACOLABANK OF THE SOUTH

PERRYCITIZENS BANK OF PERRY

PORT RICHEYGULFSTREAM COMMUNITY BANK

PORT ST. LUCIEFIRST PEOPLES BANK

QUINCYQUINCY STATE BANK

ST. AUGUSTINEBANK OF ST. AUGUSTINEPROSPERITY BANK

ST. CLOUDPUBLIC BANK

ST. PETERSBURGFIRST COMMUNITY BANK OF AMERICAMERCANTILE BANKREPUBLIC BANKUNITED BANK & TRUST COMPANY

SANTA ROSA BEACHFIRST AMERICAN BANK OF WALTON COUNTY

SEBRINGHEARTLAND NATIONAL BANKHIGHLANDS INDEPENDENT BANK

SOUTH MIAMIFIRST NATIONAL BANK OF SOUTH MIAMI

STARKECOMMUNITY STATE BANK OF STARKE

STUARTFIRST NATIONAL BANK & TRUST OF THE TREASURECOASTGULFSTREAM BUSINESS BANK



TALLAHASSEECAPITAL CITY BANKFIRST SOUTH BANKTALLAHASSEE STATE BANK

TAMPAFIRST CITRUS BANKFLORIDA BANK, N.A.SOUTHERN EXCHANGE BANK

TRENTONTRI-COUNTY BANK

UMATILLAUNITED SOUTHERN BANK

VALPARAISOVANGUARD BANK & TRUST COMPANY

VERO BEACHINDIAN RIVER NATIONAL BANK

WAUCHULAFIRST NATIONAL BANK OF WAUCHULAWAUCHULA STATE BANK

WEST PALM BEACHFIDELITY FEDERAL BANK & TRUSTGRAND BANK & TRUST OF FLORIDA

WEWAHITCHKA*WEWAHITCHKA STATE BANK

WILLISTONPERKINS STATE BANK

WINTER PARKBANKFIRST

ZEPHYRHILLSCOMMUNITY NATIONAL BANK OF PASCO COUNTY

GEORGIA

ATLANTASUNTRUST BANK

DARIENSOUTHEASTERN BANK

LOUISIANA

NEW ORLEANSWHITNEY NATIONAL BANK

MASSACHUSETTS

BOSTONBOSTON BANK OF COMMERCEBRANCHES OF THIS QPD CONDUCT BUSINESS INFLORIDA UNDER THE NAME PEOPLES BANK OFCOMMERCE

MINNESOTA

EDINAINTER SAVINGS BANK, F.S.B.

NEW YORK

NEW YORK CITYINTERVEST NATIONAL BANK

NORTH CAROLINA

CHARLOTTEBANK OF AMERICA, N.A.WACHOVIA BANK, N.A.

OHIO

CINCINNATIPROVIDENT BANK

TENNESSEE

MEMPHISUNION PLANTERS BANK, N.A.

**************************************************THE FOLLOWING IS A LIST OF INSTITUTIONS THATHAD A CHANGE SINCE THE LAST PUBLICATION OFTHIS REPORT.**************************************************

BANK OF CENTRAL FLORIDAORLANDOMERGED INTO FIRST NATIONAL BANK OF FLORIDA(NAPLES).



CITIZENS FEDERAL SAVINGS BANK OF PORT ST. JOEPORT ST. JOEMERGED INTO THE BANK (WARRIOR, ALABAMA).

FIRST NATIONAL BANK OF THE FLORIDA KEYSMARATHONCHANGED ITS NAME TO ORION BANK AND ITS HOMEOFFICE LOCATION TO NAPLES. IT WILL NOW BEFOUND AS ORION BANK LISTED UNDER NAPLES INFUTURE PUBLICATIONS.

FIRST UNION NATIONAL BANKCHARLOTTE, NORTH CAROLINAAFTER WACHOVIA BANK, N.A. WAS MERGED INTOFIRST UNION NATIONAL BANK; FIRST UNIONNATIONAL BANK CHANGED ITS NAME TOWACHOVIA BANK, N.A.

FLORIDA BANK OF COMMERCEPALM HARBORMERGED INTO SOUTHERN EXCHANGE BANK(TAMPA).GULF COAST NATIONAL BANKNAPLESMERGED INTO FIRST NATIONAL BANK OF THEFLORIDA KEYS (MARATHON).

HUNTINGTON NATIONAL BANKCOLUMBUS, OHIOSUNTRUST BANK (ATLANTA, GEORGIA) ACQUIREDTHE FLORIDA OPERATIONS OF HUNTINGTONNATIONAL BANK. HUNTINGTON NATIONAL BANK ISNO LONGER A QUALIFIED PUBLIC DEPOSITORY.

WACHOVIA BANK, N.A.WINSTON-SALEM, NORTH CAROLINAMERGED INTO FIRST UNION NATIONAL BANK(CHARLOTTE, NORTH CAROLINA).

DCA Final Order No.: DCA02-OR-107In re: A LAND DEVELOPMENT REGULATION

ADOPTED BY ISLAMORADAVILLAGE OF ISLANDS, ORDINANCE NO. 02-16

_________________________________________________FINAL ORDER

The Department of Community Affairs (the“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.

(2001), approving a land development regulation adopted by alocal government within the Florida Keys Area of CriticalState Concern as set forth below.

FINDINGS OF FACT1. On March 1, 2002, the Department received for review

Islamorada, Village of Islands Ordinance No. 02-16 whichwas adopted by the Village Council on February 21, 2002(“Ord. 02-16”). Ord. 02-16 adopts definitions applicableto the Village’s Land Development Regulations.

2. Ord. 02-16 is consistent with the Village ComprehensivePlan.

CONCLUSIONS OF LAW3. The Department is required to approve or reject land

development regulations that are enacted, amended orrescinded by any local government in the Florida KeysArea of Critical State Concern. §§ 380.05(6) and (11), Fla.Stat., and § 380.0552(9), Fla. Stat. (2001).

4. Islamorada, Village of Islands is a local governmentwithin the Florida Keys Area of Critical State Concern.§ 380.0552, Fla. Stat. (2001), and Rule 28-29.002(superseding Chapter 27F-8), Fla. Admin. Code.

5. “Land development regulations” include local zoning,subdivision, building and other regulations controlling thedevelopment of land. § 380.031(8), Fla. Stat. (2001). Theregulations adopted by Ord. 02-16 are land developmentregulations.

6. All land development regulations enacted, amended orrescinded within an area of critical state concern must beconsistent with the Principles for Guiding Development(the “Principles”) as set forth in § 380.0552(7), Fla. Stat.(2001). The Principles are construed as a whole and nospecific provision is construed or applied in isolation fromthe other provisions.

7. Ordinance 02-16 promotes and furthers the followingPrinciples:(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.

8. Ordinance 02-16 is not inconsistent with the remainingPrinciples. Ord. 02-16 is consistent with the Principles forGuiding Development as a whole.WHEREFORE, IT IS ORDERED that Ord. 02-16 is found

to be consistent with the Principles for Guiding Developmentof the Florida Keys Area of Critical State Concern, and ishereby APPROVED.

This Order becomes effective 21 days after publication inthe Florida Administrative Weekly unless a petition is filed asdescribed below.



DONE AND ORDERED in Tallahassee, Florida.________________________________SONNY TIMMERMAN, DIRECTORDivision of Community PlanningDepartment of Community Affairs2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

NOTICE OF ADMINISTRATIVE RIGHTSANY PERSON WHOSE SUBSTANTIAL INTERESTS

ARE AFFECTED BY THIS ORDER HAS THEOPPORTUNITY FOR AN ADMINISTRATIVEPROCEEDING PURSUANT TO SECTION 120.569,FLORIDA STATUTES, REGARDING THE AGENCY’SACTION. DEPENDING UPON WHETHER YOU ALLEGEANY DISPUTED ISSUE OF MATERIAL FACT IN YOURPETITION REQUESTING AN ADMINISTRATIVEPROCEEDING, YOU ARE ENTITLED TO EITHER ANINFORMAL PROCEEDING OR A FORMAL HEARING.

IF YOUR PETITION FOR HEARING DOES NOTALLEGE ANY DISPUTED ISSUE OF MATERIAL FACTCONTAINED IN THE DEPARTMENT’S ACTION, THENTHE ADMINISTRATIVE PROCEEDING WILL BE ANINFORMAL ONE, CONDUCTED PURSUANT TOSECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND III, FLORIDAADMINISTRATIVE CODE. IN AN INFORMALADMINISTRATIVE PROCEEDING, YOU MAY BEREPRESENTED BY COUNSEL OR BY A QUALIFIEDREPRESENTATIVE, AND YOU MAY PRESENTWRITTEN OR ORAL EVIDENCE IN OPPOSITION TOTHE DEPARTMENT'S ACTION OR REFUSAL TO ACT;OR YOU MAY EXERCISE THE OPTION TO PRESENT AWRITTEN STATEMENT CHALLENGING THEGROUNDS UPON WHICH THE DEPARTMENT HASCHOSEN TO JUSTIFY ITS ACTION OR INACTION.

IF YOU DISPUTE ANY ISSUE OF MATERIAL FACTSTATED IN THE AGENCY ACTION, THEN YOU MAYFILE A PETITION REQUESTING A FORMALADMINISTRATIVE HEARING BEFORE ANADMINISTRATIVE LAW JUDGE OF THE DIVISION OFADMINISTRATIVE HEARINGS, PURSUANT TOSECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND II, FLORIDAADMINISTRATIVE CODE. AT A FORMALADMINISTRATIVE HEARING, YOU MAY BEREPRESENTED BY COUNSEL OR OTHER QUALIFIEDREPRESENTATIVE, AND YOU WILL HAVE THEOPPORTUNITY TO PRESENT EVIDENCE ANDARGUMENT ON ALL THE ISSUES INVOLVED, TOCONDUCT CROSS-EXAMINATION AND SUBMITREBUTTAL EVIDENCE, TO SUBMIT PROPOSEDFINDINGS OF FACT AND ORDERS, AND TO FILEEXCEPTIONS TO ANY RECOMMENDED ORDER.

IF YOU DESIRE EITHER AN INFORMALPROCEEDING OR A FORMAL HEARING, YOU MUSTFILE WITH THE AGENCY CLERK OF THEDEPARTMENT OF COMMUNITY AFFAIRS A WRITTENPLEADING ENTITLED, “PETITION FORADMINISTRATIVE PROCEEDINGS” WITHIN 21CALENDAR DAYS OF PUBLICATION OF THIS NOTICE.A PETITION IS FILED WHEN IT IS RECEIVED BY THEAGENCY CLERK, IN THE DEPARTMENT'S OFFICE OFGENERAL COUNSEL, 2555 SHUMARD OAKBOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.

THE PETITION MUST MEET THE FILINGREQUIREMENTS IN RULE 28-106.104(2), FLORIDAADMINISTRATIVE CODE. IF AN INFORMALPROCEEDING IS REQUESTED, THEN THE PETITIONSHALL BE SUBMITTED IN ACCORDANCE WITH RULE28-106.301, FLORIDA ADMINISTRATIVE CODE. IF AFORMAL HEARING IS REQUESTED, THEN THEPETITION SHALL BE SUBMITTED IN ACCORDANCEWITH RULE 28-106.201(2), FLORIDA ADMINISTRATIVECODE.

A PERSON WHO HAS FILED A PETITION MAYREQUEST MEDIATION. A REQUEST FOR MEDIATIONMUST INCLUDE THE INFORMATION REQUIRED BYRULE 28-106.402, FLORIDA ADMINISTRATIVE CODE.CHOOSING MEDIATION DOES NOT AFFECT THERIGHT TO AN ADMINISTRATIVE HEARING.

YOU WAIVE THE RIGHT TO AN INFORMALADMINISTRATIVE PROCEEDING OR A FORMALHEARING IF YOU DO NOT FILE A PETITION WITH THEAGENCY CLERK WITHIN 21 DAYS OF PUBLICATIONOF THIS FINAL ORDER.

CERTIFICATE OF FILING AND SERVICEI HEREBY CERTIFY that the original of the foregoing

Final Order has been filed with the undersigned Agency Clerkof the Department of Community Affairs, and that true andcorrect copies have been furnished to the persons listed belowby the method indicated this __ day of April, 2002.

____________________________Paula Ford, Agency Clerk

By U.S. Mail:Honorable Frank Kulisky, MayorIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036Carol Simpkins, Village ClerkIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036John Herin, Esq.



Weiss, Serota, Helfman, Pastoriza & Guedes, P.A.2665 South Bayshore DriveMiami, FL 33133By Hand Delivery or Interagency Mail:Michael McDaniel, Growth Management Administrator, DCATallahasseeRebecca Jetton, DCA Florida Keys Field OfficeRichard A. Lotspeich, Assistant General Counsel, DCATallahassee


ADOPTED BY ISLAMORADAVILLAGE OF ISLANDS ORDINANCE NO. 02-18

_________________________________________________FINAL ORDER

The Department of Community Affairs (the“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.(2001), approving a land development regulation adopted by alocal government within the Florida Keys Area of CriticalState Concern as set forth below.


Islamorada, Village of Islands Ordinance No. 02-18 whichwas adopted by the Village Council on February 21, 2002(“Ord. 02-18”). Ord. 02-18 adopts the Official ZoningMap for the Village and replaces the Monroe CountyZoning Map.

2. Ord. 02-18 is consistent with the Village ComprehensivePlan.



4. Islamorada, Village of Islands is a local governmentwithin the Florida Keys Area of Critical State Concern. §380.0552, Fla. Stat. (2001), and Rule 28-29.002(superseding Chapter 27F-8), Fla. Admin. Code.


6. All land development regulations enacted, amended orrescinded within an area of critical state concern must beconsistent with the Principles for Guiding Development(the “Principles”) as set forth in § 380.0552(7), Fla. Stat.

(2001). The Principles are construed as a whole and nospecific provision is construed or applied in isolation fromthe other provisions.

7. Ordinance 02-18 promotes and furthers the followingPrinciples:(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation. (b) To protect shoreline and marine resources includingmangroves, coral reef formations, seagrass beds, wetlands,fish and wildlife, and their habitat.(c) To protect upland resources, tropical biologicalcommunities, freshwater wetlands, native tropicalvegetation, (for example, hardwood hammocks andpinelands), dune ridges and beaches, wildlife, and theirhabitat.(e) To limit the adverse impacts of development on thequality of water throughout the Florida Keys.(f) To enhance natural scenic resources, promote aestheticbenefits of the natural environment, and ensure thatdevelopment is compatible with the unique historiccharacter of the Florida Keys.(k) To provide adequate alternatives for the protection ofpublic safety, and welfare in the event of a natural ormanmade disaster and for a postdisaster reconstructionplan. (l) To protect the public health, safety, and welfare of thecitizens of the Florida Keys and maintain the Florida Keysas a unique Florida resource.

8. Ordinance 02-18 is not inconsistent with the remainingPrinciples. Ord. 02-18 is consistent with the Principles forGuiding Development as a whole.WHEREFORE, IT IS ORDERED that Ord. 02-18 is found

to be consistent with the Principles for Guiding Developmentof the Florida Keys Area of Critical State Concern, and ishereby APPROVED.




ARE AFFECTED BY THIS ORDER HAS THEOPPORTUNITY FOR AN ADMINISTRATIVE



PROCEEDING PURSUANT TO SECTION 120.569,FLORIDA STATUTES, REGARDING THE AGENCY’SACTION. DEPENDING UPON WHETHER YOU ALLEGEANY DISPUTED ISSUE OF MATERIAL FACT IN YOURPETITION REQUESTING AN ADMINISTRATIVEPROCEEDING, YOU ARE ENTITLED TO EITHER ANINFORMAL PROCEEDING OR A FORMAL HEARING.



IF YOU DESIRE EITHER AN INFORMALPROCEEDING OR A FORMAL HEARING, YOU MUSTFILE WITH THE AGENCY CLERK OF THEDEPARTMENT OF COMMUNITY AFFAIRS A WRITTENPLEADING ENTITLED, “PETITION FORADMINISTRATIVE PROCEEDINGS” WITHIN 21CALENDAR DAYS OF PUBLICATION OF THIS NOTICE.A PETITION IS FILED WHEN IT IS RECEIVED BY THEAGENCY CLERK, IN THE DEPARTMENT’S OFFICE OFGENERAL COUNSEL, 2555 SHUMARD OAKBOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.





Final Order has been filed with the undersigned Agency Clerkof the Department of Community Affairs, and that true andcorrect copies have been furnished to the persons listed belowby the method indicated this ___ day of April, 2002.


By U.S. Mail:Honorable Frank Kulisky, MayorIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036Carol Simpkins, Village ClerkIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036John Herin, Esq.Weiss, Serota, Helfman, Pastoriza & Guedes, P.A.2665 South Bayshore DriveMiami, FL 33133By Hand Delivery or Interagency Mail:Michael McDaniel, Growth Management Administrator, DCATallahasseeRebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCATallahassee



DEPARTMENT OF COMMUNITY AFFAIRS



__________________________________________________FINAL ORDER

The Department of Community Affairs (the“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.(2001), approving in part and rejecting in part a landdevelopment regulation adopted by a local government withinthe Florida Keys Area of Critical State Concern as set forthbelow.


Islamorada, Village of Islands Ordinance No. 02-22 whichwas adopted by the Village Council on January 31, 2002(“Ord. 02-22”). Ord. 02-22 adopts Division 5.1 of Article5, Chapter 9.5 of the Village Code which establishes aseries of zoning districts that regulate land use.

2. Except for Sections 5.1.2(d)(1), 5.1.2(e)(9) and 5.1.3(d)(1)of the Code, Ord. 02-22 is consistent with the VillageComprehensive Plan.


development regulations or portions thereof that areenacted, amended or rescinded by any local government inthe Florida Keys Area of Critical State Concern.§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla.Stat. (2001).




7. Except for Sections 5.1.2(d)(1), 5.1.2(e)(9) and 5.1.3(d)(1)of the Code, Ordinance 02-22 promotes and furthers thefollowing Principles: (a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.(b) To protect shoreline and marine resources includingmangroves, coral reef formations, seagrass beds, wetlands,fish and wildlife, and their habitat.(c) To protect upland resources, tropical biologicalcommunities, freshwater wetlands, native tropicalvegetation, (for example, hardwood hammocks andpinelands), dune ridges and beaches, wildlife, and theirhabitat.(d) To ensure the maximum well-being of the FloridaKeys and its citizens through sound economicdevelopment.(e) To limit the adverse impacts of development on thequality of water throughout the Florida Keys.(f) To enhance natural scenic resources, promote aestheticbenefits of the natural environment, and ensure thatdevelopment is compatible with the unique historiccharacter of the Florida Keys.(h) To protect the value, efficiency, cost-effectiveness, andamortized life of existing and proposed major publicinvestments, including:1. The Florida Keys Aqueduct and water supply facilities;3. Solid waste collection and disposal facilities;5. Transportation facilities;9. Other utilities, as appropriate.(k) To provide adequate alternatives for the protection ofpublic safety, and welfare in the event of a natural ormanmade disaster and for a postdisaster reconstructionplan.(l) To protect the public health, safety, and welfare of thecitizens of the Florida Keys and maintain the Florida Keysas a unique Florida resource.

8. Sections 5.1.2(d)(1), 5.1.2(e)(9), and 5.1.3(d)(1) of theCode are inconsistent with the following Principle:(c) To protect upland resources, tropical biologicalcommunities, freshwater wetlands, native tropicalvegetation, (for example, hardwood hammocks andpinelands), dune ridges and beaches, wildlife, and theirhabitat.

9. Except for Sections 5.1.2(d)(1), 5.1.2(e)(9), and5.1.3(d)(1) of the Code, Ordinance 02-22 is notinconsistent with the remaining Principles. Except forSections 5.1.2(d)(1), 5.1.2(e)(9), and 5.1.3(d)(1) of theCode, Ord. 02-22 is consistent with the Principles forGuiding Development as a whole.



WHEREFORE, IT IS ORDERED that except for Sections5.1.2(d)(1), 5.1.2(e)(9), and 5.1.3(d)(1) of the Code, Ord.02-22 is found to be consistent with the Principles for GuidingDevelopment of the Florida Keys Area of Critical StateConcern, and is hereby APPROVED. Sections 5.1.2(d)(1),5.1.2(e)(9), and 5.1.3(d)(1) of the Code are found to beinconsistent with the Principles and are hereby REJECTED.


DONE AND ORDERED in Tallahassee, Florida./s/ SONNY TIMMERMAN, DIRECTORDivision of Community PlanningDepartment of Community Affairs2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100



IF YOUR PETITION FOR HEARING DOES NOTALLEGE ANY DISPUTED ISSUE OF MATERIAL FACTCONTAINED IN THE DEPARTMENT’S ACTION, THENTHE ADMINISTRATIVE PROCEEDING WILL BE ANINFORMAL ONE, CONDUCTED PURSUANT TOSECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND III, FLORIDAADMINISTRATIVE CODE. IN AN INFORMALADMINISTRATIVE PROCEEDING, YOU MAY BEREPRESENTED BY COUNSEL OR BY A QUALIFIEDREPRESENTATIVE, AND YOU MAY PRESENTWRITTEN OR ORAL EVIDENCE IN OPPOSITION TOTHE DEPARTMENT’S ACTION OR REFUSAL TO ACT;OR YOU MAY EXERCISE THE OPTION TO PRESENT AWRITTEN STATEMENT CHALLENGING THEGROUNDS UPON WHICH THE DEPARTMENT HASCHOSEN TO JUSTIFY ITS ACTION OR INACTION.

IF YOU DISPUTE ANY ISSUE OF MATERIAL FACTSTATED IN THE AGENCY ACTION, THEN YOU MAYFILE A PETITION REQUESTING A FORMALADMINISTRATIVE HEARING BEFORE ANADMINISTRATIVE LAW JUDGE OF THE DIVISION OFADMINISTRATIVE HEARINGS, PURSUANT TOSECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND II, FLORIDA

ADMINISTRATIVE CODE. AT A FORMALADMINISTRATIVE HEARING, YOU MAY BEREPRESENTED BY COUNSEL OR OTHER QUALIFIEDREPRESENTATIVE, AND YOU WILL HAVE THEOPPORTUNITY TO PRESENT EVIDENCE ANDARGUMENT ON ALL THE ISSUES INVOLVED, TOCONDUCT CROSS-EXAMINATION AND SUBMITREBUTTAL EVIDENCE, TO SUBMIT PROPOSEDFINDINGS OF FACT AND ORDERS, AND TO FILEEXCEPTIONS TO ANY RECOMMENDED ORDER.






Final Order has been filed with the undersigned Agency Clerkof the Department of Community Affairs, and that true andcorrect copies have been furnished to the persons listed belowby the method indicated this 17th day of April, 2002.

/s/ Paula Ford, Agency Clerk

By U.S. Mail:Honorable Frank Kulisky, MayorIslamorada, Village of Islands



Post Office Box 568Islamorada, FL 33036Carol Simpkins, Village ClerkIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036John Herin, Esq.Weiss, Serota, Helfman, Pastoriza & Guedes, P.A.2665 South Bayshore DriveMiami, FL 33133By Hand Delivery or Interagency Mail:Jim Quinn, Bureau of State Planning, DCA TallahasseeRebecca Jetton, DCA Florida Keys Field OfficeRichard A. Lotspeich, Assistant General Counsel, DCATallahassee

DCA Final Order No.: DCA02-OR-110In re: CITY OF MARATHON LAND DEVELOPMENT

REGULATIONS ADOPTED BYCITY OF MARATHON ORDINANCE NO. 01-07-04

______________________________________________FINAL ORDER

The Department of Community Affairs (the“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.(2001), approving City of Marathon Ordinance No. 01-07-04as set forth below.

FINDINGS OF FACT1. The Florida Keys Area is a statutorily designated area of

critical state concern, and the City of Marathon is a localgovernment within the Florida Keys Area.

2. On March 13, 2002, the Department received for reviewCity of Marathon Ordinance No. 01-07-04 which wasadopted by the City of Marathon City Council on July 10,2001 (“Ord. 01-07-04”). Ord. 01-07-04 amends the CityLand Use District Map for certain property owned by theFlorida Keys Electric Cooperative, legally described as aportion of Government Lot 3, Key Vaca, Section 10,Township 66 South, Range 32 East, to change the Mapdesignation from its current designation of SuburbanCommercial (SC) and Commercial Fishing SpecialDistrict 15 (CFSD 15) to Suburban Commercial (SC).

3. Ord. 01-07-04 is consistent with the City’s 2010Comprehensive Plan.



5. The City of Marathon is a local government within theFlorida Keys Area of Critical State Concern. § 380.0552,Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter27F-8), Fla. Admin. Code.

6. “Land development regulations” include local zoning,subdivision, building and other regulations controlling thedevelopment of land. § 380.031(8), Fla. Stat. (2001). Theregulations adopted by Ord. 01-07-04 are landdevelopment regulations.

7. All land development regulations enacted, amended orrescinded within an area of critical state concern must beconsistent with the Principles for Guiding Development(the “Principles”). § 380.0552(7), Fla. Stat.; see Rathkampv. Department of Community Affairs, 21 F.A.L.R. 1902(Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d DCA1999). The Principles are construed as a whole and nospecific provision is construed or applied in isolation fromthe other provisions. § 380.0552(7), Fla. Stat. (2001).

8. Ord. 01-07-04 promotes and furthers the followingPrinciples, §380.0552(7), Fla. Stat. (2001):(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.(h) To protect the value, efficiency, cost-effectiveness, andamortized life of existing and proposed major publicinvestments, including:8. City electric service and the Florida Keys ElectricCo-op; and(l) To protect the public health, safety, and welfare of thecitizens of the Florida Keys and maintain the Florida Keysas a unique Florida resource.

9. Ord. 01-07-04 is not inconsistent with the remainingPrinciples. Ord. 01-07-04 is consistent with the Principlesfor Guiding Development as a whole.WHEREFORE, IT IS ORDERED that Ord. 01-07-04 is

found to be consistent with the Principles for GuidingDevelopment of the Florida Keys Area of Critical StateConcern, and is hereby APPROVED.


DONE AND ORDERED in Tallahassee, Florida._________________________________SONNY TIMMERMAN, DIRECTORDivision of Community PlanningDepartment of Community Affairs2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100





IF YOUR PETITION FOR HEARING DOES NOTALLEGE ANY DISPUTED ISSUE OF MATERIAL FACTCONTAINED IN THE DEPARTMENT’S ACTION, THENTHE ADMINISTRATIVE PROCEEDING WILL BE ANINFORMAL ONE, CONDUCTED PURSUANT TOSECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND III, FLORIDAADMINISTRATIVE CODE. IN AN INFORMALADMINISTRATIVE PROCEEDING, YOU MAY BEREPRESENTED BY COUNSEL OR BY A QUALIFIEDREPRESENTATIVE, AND YOU MAY PRESENTWRITTEN OR ORAL EVIDENCE IN OPPOSITION TOTHE DEPARTMENT’S ACTION OR REFUSAL TO ACT;OR YOU MAY EXERCISE THE OPTION TO PRESENT AWRITTEN STATEMENT CHALLENGING THEGROUNDS UPON WHICH THE DEPARTMENT HASCHOSEN TO JUSTIFY ITS ACTION OR INACTION.


IF YOU DESIRE EITHER AN INFORMALPROCEEDING OR A FORMAL HEARING, YOU MUSTFILE WITH THE AGENCY CLERK OF THEDEPARTMENT OF COMMUNITY AFFAIRS A WRITTENPLEADING ENTITLED, “PETITION FORADMINISTRATIVE PROCEEDINGS” WITHIN 21CALENDAR DAYS OF PUBLICATION OF THIS NOTICE.

A PETITION IS FILED WHEN IT IS RECEIVED BY THEAGENCY CLERK, IN THE DEPARTMENT’S OFFICE OFGENERAL COUNSEL, 2555 SHUMARD OAKBOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.





Final Order has been filed with the undersigned designatedAgency Clerk, and that true and correct copies have beenfurnished to the persons listed below by the method indicatedthis __ day of April, 2002.


By U.S. Mail:Honorable Robert K. MillerMayor City of Marathon10054-55 Overseas HighwayMarathon, Florida 33050Katherine V. SelchanCity ClerkCity of Marathon210 University DriveCoral Springs, Florida 33071Craig WrathellCity ManagerCity of Marathon10054-55 Overseas HighwayMarathon, Florida 33050John R. Herin, Jr.Weiss, Serota, Helfman, Pastoriza and Guedes, P.A.City Attorneys



City of Marathon2665 South Bayshore Drive, Suite 420Miami, Florida 33133By Hand Delivery or Interagency Mail:Michael McDaniel, Growth Management Administrator, DCATallahasseeRebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCATallahassee

DCA Final Order No.: DCA02-OR-111In re: CITY OF MARATHON LAND DEVELOPMENT

REGULATIONS ADOPTED BYCITY OF MARATHON ORDINANCE NO. 01-07-05

_______________________________________________FINAL ORDER

The Department of Community Affairs (the“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.(2001), approving City of Marathon Ordinance No. 01-07-05as set forth below.


critical state concern, and the City of Marathon is a localgovernment within the Florida Keys Area.

2. On March 13, 2002, the Department received for reviewCity of Marathon Ordinance No. 01-07-05 which wasadopted by the City of Marathon City Council on July 10,2001 (“Ord. 01-07-05”). Ord. 01-07-05 amends the CityLand Use District Map by re-designating the zoningclassification of a parcel of land (Florida Keys Marina)from Commercial Fishing Special District 15 (CFSD 15)to Mixed Use (MU), in order to make the Zoning Mapconsistent with the transitional Future Land Use Map.

3. Ord. 01-07-05 is consistent with the City’s 2010Comprehensive Plan.



5. The City of Marathon is a local government within theFlorida Keys Area of Critical State Concern. § 380.0552,Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter27F-8), Fla. Admin. Code.

6. “Land development regulations” include local zoning,subdivision, building and other regulations controlling thedevelopment of land. § 380.031(8), Fla. Stat. (2001). Theregulations adopted by Ord. 01-07-05 are landdevelopment regulations.


8. Ord. 01-07-05 promotes and furthers the followingPrinciples, § 380.0552(7), Fla. Stat. (2001):(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.(l) To protect the public health, safety, and welfare of thecitizens of the Florida Keys and maintain the Florida Keysas a unique Florida resource.

9. Ord. 01-07-05 is not inconsistent with the remainingPrinciples. Ord. 01-07-05 is consistent with the Principlesfor Guiding Development as a whole.WHEREFORE, IT IS ORDERED that Ord. 01-07-05 is






IF YOUR PETITION FOR HEARING DOES NOTALLEGE ANY DISPUTED ISSUE OF MATERIAL FACTCONTAINED IN THE DEPARTMENT’S ACTION, THENTHE ADMINISTRATIVE PROCEEDING WILL BE ANINFORMAL ONE, CONDUCTED PURSUANT TOSECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES,



AND CHAPTER 28-106, PARTS I AND III, FLORIDAADMINISTRATIVE CODE. IN AN INFORMALADMINISTRATIVE PROCEEDING, YOU MAY BEREPRESENTED BY COUNSEL OR BY A QUALIFIEDREPRESENTATIVE, AND YOU MAY PRESENTWRITTEN OR ORAL EVIDENCE IN OPPOSITION TOTHE DEPARTMENT’S ACTION OR REFUSAL TO ACT;OR YOU MAY EXERCISE THE OPTION TO PRESENT AWRITTEN STATEMENT CHALLENGING THEGROUNDS UPON WHICH THE DEPARTMENT HASCHOSEN TO JUSTIFY ITS ACTION OR INACTION.




A PERSON WHO HAS FILED A PETITION MAYREQUEST MEDIATION. A REQUEST FOR MEDIATIONMUST INCLUDE THE INFORMATION REQUIRED BY

RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE.CHOOSING MEDIATION DOES NOT AFFECT THERIGHT TO AN ADMINISTRATIVE HEARING.



Final Order has been filed with the undersigned designatedAgency Clerk, and that true and correct copies have beenfurnished to the persons listed below by the method indicatedthis ___ day of April, 2002.

_____________________________Paula Ford, Agency Clerk

By U.S. Mail:Honorable Robert K. MillerMayor City of Marathon10054-55 Overseas HighwayMarathon, Florida 33050Katherine V. SelchanCity ClerkCity of Marathon210 University DriveCoral Springs, Florida 33071Craig WrathellCity ManagerCity of Marathon10054-55 Overseas HighwayMarathon, Florida 33050John R. Herin, Jr.Weiss, Serota, Helfman, Pastoriza and Guedes, P.A.City AttorneysCity of Marathon2665 South Bayshore Drive, Suite 420Miami, Florida 33133By Hand Delivery or Interagency Mail:Michael McDaniel, Growth Management Administrator, DCATallahasseeRebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCATallahassee

DCA Final Order No.: DCA02-OR-112In re: MONROE COUNTY LAND DEVELOPMENT

REGULATIONS ADOPTED BYMONROE COUNTY ORDINANCE NO. 050-2001

_________________________________________________



FINAL ORDERThe Department of Community Affairs (the

“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.(2001), approving Monroe County Ordinance No. 050-2001 asset forth below.


critical state concern, and Monroe County is a localgovernment within the Florida Keys Area.

2. On March 20, 2002, the Department received for reviewMonroe County Ordinance No. 050-2001 which wasadopted by the Monroe County Board of CountyCommissioners on December 20, 2000 (“Ord. 050-2001”).Ord. 050-2001 amends the City’s Land Use District Mapby re-designating the zoning classification of severalparcels of land (Lots 43, 44, 45 and 46 of Block 3,Buccaneer Point Subdivision, Key Largo) from NativeArea (NA) and Improved Subdivision (IS) to justImproved Subdivision (IS) in order to make the ZoningMap consistent with the Future Land Use Map.

3. Ord. 050-2001 is consistent with the County’s 2010Comprehensive Plan.



5. Monroe County is a local government within the FloridaKeys Area of Critical State Concern. § 380.0552, Fla. Stat.(2001) and Rule 28-29.002 (superseding Chapter 27F-8),Fla. Admin. Code.

6. “Land development regulations” include local zoning,subdivision, building and other regulations controlling thedevelopment of land. § 380.031(8), Fla. Stat. (2001). Theregulations adopted by Ord. 050-2001 are landdevelopment regulations.


8. Ord. 050-2001 promotes and furthers the followingPrinciples in § 380.0552(7):

(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.(f) To enhance natural scenic resources, promote aestheticbenefits of the natural environment, and ensure thatdevelopment is compatible with the unique historiccharacter of the Florida Keys.(h) To protect the value, efficiency, cost-effectiveness, andamortized life of existing and proposed major publicinvestments, including:1. The Florida Keys Aqueduct and water supply facilities;8. City electric service and the Florida Keys ElectricCo-op; and9. Other utilities, as appropriate.

9. Ord. 050-2001 is not inconsistent with the remainingPrinciples. Ord. 050-2001 is consistent with the Principlesfor Guiding Development as a whole.WHEREFORE, IT IS ORDERED that Ord. 050-2001 is





ARE AFFECTED BY THIS ORDER HAS THEOPPORTUNITY FOR AN ADMINISTRATIVEPROCEEDING PURSUANT TO SECTION 120.569,FLORIDA STATUTES, REGARDING THE ENCY’SACTION. DEPENDING UPON WHETHER YOU ALLEGEANY DISPUTED ISSUE OF MATERIAL FACT IN YOURPETITION REQUESTING AN ADMINISTRATIVEPROCEEDING, YOU ARE ENTITLED TO EITHER ANINFORMAL PROCEEDING OR A FORMAL HEARING.

IF YOUR PETITION FOR HEARING DOES NOTALLEGE ANY DISPUTED ISSUE OF MATERIAL FACTCONTAINED IN THE DEPARTMENT’S ACTION, THENTHE ADMINISTRATIVE PROCEEDING WILL BE ANINFORMAL ONE, CONDUCTED PURSUANT TOSECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES,AND CHAPTER 28-106, PARTS I AND III, FLORIDAADMINISTRATIVE CODE. IN AN INFORMAL



ADMINISTRATIVE PROCEEDING, YOU MAY BEREPRESENTED BY COUNSEL OR BY A QUALIFIEDREPRESENTATIVE, AND YOU MAY PRESENTWRITTEN OR ORAL EVIDENCE IN OPPOSITION TOTHE DEPARTMENT’S ACTION OR REFUSAL TO ACT;OR YOU MAY EXERCISE THE OPTION TO PRESENT AWRITTEN STATEMENT CHALLENGING THEGROUNDS UPON WHICH THE DEPARTMENT HASCHOSEN TO JUSTIFY ITS ACTION OR INACTION.




A PERSON WHO HAS FILED A PETITION MAYREQUEST MEDIATION. A REQUEST FOR MEDIATIONMUST INCLUDE THE INFORMATION REQUIRED BY

RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE.CHOOSING MEDIATION DOES NOT AFFECT THERIGHT TO AN ADMINISTRATIVE HEARING.



Final Order has been filed with the undersigned designatedAgency Clerk, and that true and correct copies have beenfurnished to the persons listed below by the method indicatedthis __ day of April, 2002.

___________________________Paula Ford, Agency Clerk

By U.S. Mail:Honorable George NeugentMayor of Monroe County500 Whitehead StreetKey West, Florida 33040Danny L. KolhageClerk to the Board of County Commissioners500 Whitehead StreetKey West, Florida 33040Timothy J. McGarry, AICPDirector, Growth Management Division2798 Overseas Highway, Suite 400Marathon, Florida 33050By Hand Delivery or Interagency Mail:Michael McDaniel, Growth Management Administrator, DCATallahasseeRebecca Jetton, DCA Florida Keys Field Office Richard A. Lotspeich, Assistant General Counsel, DCATallahassee



_________________________________________________FINAL ORDER

The Department of Community Affairs (the“Department”) hereby issues its Final Order, pursuant to§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat.(2001), approving in part and rejecting in part a landdevelopment regulation adopted by a local government withinthe Florida Keys Area of Critical State Concern as set forthbelow.




Islamorada, Village of Islands Ordinance No. 02-17 whichwas adopted by the Village Council on February 21, 2002(“Ord. 02-17”). Ord. 02-17 adopts Division 4.10 of Article4, Chapter 9.5 of the Village Code which establishes anannual allocation system for the issuance of buildingpermits.

2. Except for Sections 4.10.4(c) and 4.10.5(h) of the Code,Ord. 02-17 is consistent with the Village ComprehensivePlan.


development regulations or portions thereof that areenacted, amended or rescinded by any local government inthe Florida Keys Area of Critical State Concern.§§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla.Stat. (2001).




7. Except for Sections 4.10.4(c) and 4.10.5(g) of the Code,Ordinance 02-17 promotes and furthers the followingPrinciples:(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.(b) To protect shoreline and marine resources includingmangroves, coral reef formations, seagrass beds, wetlands,fish and wildlife, and their habitat.(c) To protect upland resources, tropical biologicalcommunities, freshwater wetlands, native tropicalvegetation, (for example, hardwood hammocks andpinelands), dune ridges and beaches, wildlife, and theirhabitat.(e) To limit the adverse impacts of development on thequality of water throughout the Florida Keys.

(h) To protect the value, efficiency, cost-effectiveness, andamortized life of existing and proposed major publicinvestments, including:1. The Florida Keys Aqueduct and water supply facilities;5. Transportation facilities;8. City electric service and the Florida Keys ElectricCo-op; and9. Other utilities, as appropriate.(j) To make available adequate affordable housing for allsectors of the population of the Florida Keys.

8. Sections 4.10.4(c) and 4.10.5(h) of the Code areinconsistent with the following Principles:(a) To strengthen local government capabilities formanaging land use and development so that localgovernment is able to achieve these objectives without thecontinuation of the area of critical state concerndesignation.(b) To protect shoreline and marine resources includingmangroves, coral reef formations, seagrass beds, wetlands,fish and wildlife, and their habitat.(c) To protect upland resources, tropical biologicalcommunities, freshwater wetlands, native tropicalvegetation, (for example, hardwood hammocks andpinelands), dune ridges and beaches, wildlife, and theirhabitat.(e) To limit the adverse impacts of development on thequality of water throughout the Florida Keys.(h) To protect the value, efficiency, cost-effectiveness, andamortized life of existing and proposed major publicinvestments, including:1. The Florida Keys Aqueduct and water supply facilities;2. Sewage collection and disposal facilities;3. Solid waste collection and disposal facilities;4. Key West Naval Air Station and other militaryfacilities;5. Transportation facilities;6. Federal parks, wildlife refuges, and marine sanctuaries;7. State parks, recreation facilities, aquatic preserves, andother publicly owned properties;8. City electric service and the Florida Keys ElectricCo-op; and9. Other utilities, as appropriate.(k) To provide adequate alternatives for the protection ofpublic safety, and welfare in the event of a natural ormanmade disaster and for a post-disaster reconstructionplan.

9. Except for Sections 4.10.4(c) and 4.10.5(h) of the Code,Ord. 02-17 is not inconsistent with the remainingPrinciples. Except for Sections 4.10.4(c) and 4.10.5(h) ofthe Code, Ord. 02-17 is consistent with the Principles forGuiding Development as a whole.



WHEREFORE, IT IS ORDERED that except for Sections4.10.4(c) and 4.10.5(h) of the Code, Ord. 02-17 is found to beconsistent with the Principles for Guiding Development of theFlorida Keys Area of Critical State Concern, and is herebyAPPROVED. Sections 4.10.4(c) and 4.10.5(h) of the Code arefound to be inconsistent with the Principles and are herebyREJECTED.







IF YOU DESIRE EITHER AN INFORMALPROCEEDING OR A FORMAL HEARING, YOU MUSTFILE WITH THE AGENCY CLERK OF THEDEPARTMENT OF COMMUNITY AFFAIRS A WRITTENPLEADING ENTITLED, “PETITION FORADMINISTRATIVE PROCEEDINGS” WITHIN 21CALENDAR DAYS OF PUBLICATION OF THIS NOTICE.A PETITION IS FILED WHEN IT IS RECEIVED BY THEAGENCY CLERK, IN THE DEPARTMENT'S OFFICE OFGENERAL COUNSEL, 2555 SHUMARD OAKBOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.







Final Order has been filed with the undersigned Agency Clerkof the Department of Community Affairs, and that true andcorrect copies have been furnished to the persons listed belowby the method indicated this ___ day of April, 2002.


By U.S. Mail:Honorable Frank Kulisky, MayorIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036Carol Simpkins, Village ClerkIslamorada, Village of IslandsPost Office Box 568Islamorada, FL 33036John Herin, Esq.Weiss, Serota, Helfman, Pastoriza & Guedes, P.A.2665 South Bayshore DriveMiami, FL 33133By Hand Delivery or Interagency Mail:Jim Quinn, Bureau of State Planning, DCA TallahasseeRebecca Jetton, DCA Florida Keys Field OfficeRichard A. Lotspeich, Assistant General Counsel, DCATallahassee

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Notice of Publication for the Relocation of aFranchise Motor Vehicle Dealer in a County of More

than 300,000 PopulationPursuant to Section 320.642, Florida Statutes, notice is

given that American Honda Motor Co., Inc., intends to allowthe relocation of 600 L. C. d/b/a Space Coast Honda, as adealership for the sale of Honda motor vehicles, from itspresent location at 1700 East Merritt Island Causeway, Merritt

Island, FL 32952, to a proposed location at 1885 WestHighway 520, Cocoa (Brevard County), Florida 32926, on orafter April 12, 2002.

The name and address of the dealer operator(s) andprincipal investor(s) of 600 L. C. d/b/a Space Coast Honda aredealer operator: Scott Demassio, 404 Rio Villa Blvd.,Indianlantic, FL 32903 principal investor(s): Scott Demasso,404 Rio Villa Blvd., Indianlantic, FL 32903, Vernon G.Buchanan, 835 Longboat Club Rd., Longboat Key, FL 34228and Kevin S. Brodsky, 219 Lansing Island Drive, IndianHarbor Beach, FL 32937.

The notice indicates intent to relocate the franchise in acounty of more than 300,000 population, according to the latestpopulation estimates of the University of Florida, Bureau ofEconomic and Business Research.

Certain dealerships of the same line-make may havestanding, pursuant to Section 320.642, Florida Statutes, asamended by Chapter 88-395, Laws of Florida, to file a petitionor complaint protesting the application.

Written petitions or complaints must be received by theDepartment of Highway Safety and Motor Vehicles within 30days of the date of publication of this notice and must besubmitted to: Mr. Ronald D. Reynolds, Administrator, DealerLicense Section, Department of Highway Safety and MotorVehicles, Room A-312, Neil Kirkman Building, 2900Apalachee Parkway, Tallahassee, Florida 32399-0635.

A copy of such petition or complaint must also be sent byUS Mail to: Bill Green, Market Planning Manager, AmericanHonda Motor Company, Inc., 1919 Torrance, CA 90501-2746.

If no petitions or complaints are received within 30 daysof the date of publication, a final order will be issued by theDepartment of Highway Safety and Motor Vehicles approvingthe relocation of the dealership, subject to the applicant’scompliance with the provisions of Chapter 320, FloridaStatutes.

Notice of Publication for a New PointFranchise Motor Vehicle Dealer in a County of More

than 300,000 PopulationPursuant to Section 320.642, Florida Statutes, Thunder

Mountain Custom Cycles, Inc. intends to allow theestablishment of Ride In Style, Inc., as a dealership for the sale



of Thunder Mountain Custom Cycles, at 402 N. Beach Street,Daytona Beach (Volusia County), Florida, on or after April 9,2002.

The name and address of the dealer operator(s) andprincipal investor(s) of Ride in Style, Inc. are dealeroperator(s) and principal investor(s): Joseph P. Fonfara, 315W. Oak Street, Suite 102, Ft. Collins, CO 80521.

The notice indicates intent to establish the new pointlocation in a county of more than 300,000 population,according to the latest population estimates of the University ofFlorida, Bureau of Economic and Business Research.

Certain dealerships of the same line-make may havestanding, pursuant to Section 320.642, Florida Statutes, to filea petition or complaint protesting the application.

Written petitions or complaints must be received by theDepartment of Highway Safety and Motor Vehicles within 30days of the date of publication of this notice and must besubmitted to: Mr. Ronald D. Reynolds, Administrator, DealerLicense Section, Department of Highway Safety and MotorVehicles, Room A-312, Neil Kirkman Building, 2900Apalachee Parkway, Tallahassee, Florida 32399-0635.

A copy of such petition or complaint must also be sent byUS Mail to: Todd A. Erdmann, President, Thunder MountainCustom Cycles, Inc., 1303 S. W. Frontage Road, Ft. Collins,CO 80524.

If no petitions or complaints are received within 30 daysof the date of publication, a final order will be issued by theDepartment of Highway Safety and Motor Vehicles approvingthe establishment of the dealership, subject to the applicant’scompliance with the provisions of Chapter 320, FloridaStatutes.

LAND AND WATER ADJUDICATORY COMMISSION

NOTICE OF RECEIPT OF PETITIONOn March 4, 2002, the Florida Land and Water AdjudicatoryCommission (“FLWAC” or “Commission”) received a petitionto establish the Bellalago Community Development District(the “District”). The Commission will follow the requirementsof Rule Chapter 42-1, Florida Administrative Code (F.A.C.),as amended, and Chapter 190, Florida Statutes (F.S.), asamended, in ruling on this petition.

SUMMARY OF CONTENTS OF PETITION: The petitionfiled by Avatar Properties, Inc., requests that the Commissionestablish a community development district located in OsceolaCounty, Florida. The land area proposed to be served by theDistrict comprises approximately 1,313 acres. The proposedDistrict is bounded on the east by Lake Tohopekaliga andundeveloped property; bounded on the west by Pleasant HillRoad; bounded on the north by Osceola County Regional Park;and bounded on the south by undeveloped property and asingle-family residence, which is located in the southwestcorner bordering the proposed District. The proposed Districtis planned as a residential community of approximately 1,700single-family and 600 multi-family residential dwelling units,passive recreational areas, parks and a clubhouse. The land usedesignation on the Osceola County Comprehensive PlanFuture Land Use Map for the proposed District is “Agriculturaland Suburban Overlay.” The proposed uses are consistent withthe Future Land Use Element of the Osceola CountyComprehensive Plan, as amended and currently in effect forapproximately 820 residential single-family units to beconstructed within the District. The Petitioner is also pursuingapproval of a Development of Regional Impact and relatedComprehensive Plan amendment that would permitdevelopment of a total of approximately 2,300 units within theDistrict. The District, if established, currently intends to fundoff-site roadway improvements, stormwater management,drainage structures, mitigation creation, mitigation areaacquisition, stormwater land acquisition, a potable watersupply system, and a sanitary sewer system for the lands withinthe District.SUMMARY OF ESTIMATED REGULATORY COSTS: Thestatement of estimated regulatory costs (SERC) supports thepetition to establish the District. The complete text of theSERC is contained as Exhibit 7 to the petition to establish theDistrict. The scope of the SERC is limited to evaluating theregulatory costs consequences of approving the proposal toestablish the District. The requirements for a SERC are foundin Section 120.541(2), F.S. A SERC must contain (a) a goodfaith estimate of the number and types of individuals likely tobe required to comply with the rule of who will be affected; (b)a good faith estimate of the costs to any state and localgovernment entities of implementing and enforcing theproposed rule, and any anticipated effect on state and localrevenues; (c) a good faith estimate of the transactional costs



likely to be incurred by individuals and entities; (d) an analysisof the impact on small businesses, small counties, and smallcities; (e) any additional information that the agencydetermines may be useful; and (f) any good faith writtenproposal submitted under paragraph (1)(a) and either astatement adopting the alternative or a statement rejecting thealternative in favor of the proposed rule. Addressing section(a), the principle entities that are likely to be required tocomply with the rules include the District, the State of Florida,and Osceola County. In addition, future property owners willbe affected by the establishment of the proposed District.Under section (b), the FLWAC and State of Florida will incurminimal administrative costs. Osceola County will also incurone-time administrative costs which are offset by the requiredfiling fee paid to Osceola County by the Petitioner. Adoptionof the proposed rule to approve the formation of the Districtwill not have adverse impact on State and local revenues.Addressing section (c), the District may levy non-ad valoremspecial assessments on properties within its boundaries tofinance infrastructure that the District funds and to defray thecosts of operating and maintaining the infrastructure andassociated community facilities. The District may issue notes,bonds, or other indebtedness to fund its improvement program.Prospective future landowners would be required to pay offsuch indebtedness over time in the form of non-ad valoremspecial assessments or other rates, fees or charges. The Districtmay also impose an annual levy for the operations andmaintenance of the District. Under section (d), approval of thepetition to establish the District will have only incidental or apositive impact on a small business and will not have anyimpact on small counties and cities. Osceola County is not asmall county as defined. Under section (e), the analysis wasbased on the straightforward application of economic theory,with input received from the developer’s engineer and otherprofessionals associated with the developer.A LOCAL HEARING WILL BE HELD AT THE TIME,DATE, AND PLACE SHOWN BELOW:DATE AND TIME: Friday, May 10, 2002, 10:00 a.m.PLACE: Osceola County Courthouse

Courtroom 4C2 Courthouse SquareKissimmee, Florida

Any person requiring a special accommodation to participatein the hearing because of a disability should contact TeresaMoore, (561)650-7900, at least 2 business days in advance tomake appropriate arrangements.Copies of the petition may be obtained by contacting: TeresaMoore, Greenberg Traurig, P.A., Post Office Box 20629, WestPalm Beach, Florida 33416-0629 or Barbara Leighty, Florida

Land and Water Adjudicatory Commission, Office of Policyand Budget, Executive Office of the Governor, The Capitol,Room 1801, Tallahassee, Florida 32399-0001, (850)487-1884.


CERTIFICATE OF NEEDEXEMPTIONS

The Agency for Health Care Administration authorizedthe following exemptions pursuant to Section 408.036(3),Florida Statutes:County: Orange District: 7ID #: 0100051 Decision: A Issue Date: 4/10/2002Facility/Project: Presbyterian Retirement Communities, Inc.Applicant: Winter Park TowersProject Description: Delicense one sheltered skilled nursingbedsProposed Project Cost: $0AHCA Purchase Order Number S5900J00496

The Agency for Health Care Administration has received anapplication for services exemption from Hialeah Hospital,Miami, Florida pursuant to Section 395.1041(3), FloridaStatutes and Section 59A-3.207, Florida Administrative Code.The service category for which the exemption is requested isotorhinolaryngology. Comments received within 15 days ofpublication will be considered by the Agency prior to making adetermination exemption status.Additional information may be obtained by writing to theAgency for Health Care Administration, 2727 Mahan Drive,MS #31, Tallahassee, Florida 32308, by phone at(850)487-2717 or by e-mailing Julio Gonzalez, Hospital andOutpatient Services Unit at [email protected].


On April 11, 2002, Kim Binkley-Seyer, Secretary of theDepartment of Business and Professional Regulation, issued anOrder of Emergency Suspension of Licensure with regard tothe auctioneer license of Joseph A. Shaia, license number AU0000717. Mr. Shaia’s last known address is Shaia’sAuctioneers, 606 Water Oak Lane, Longwood, Florida32779-2539. This Emergency Suspension Order waspredicated upon the Secretary’s findings of an immediate andserious danger to the public health, safety and welfare pursuantto Sections 455.225(8) and 120.60(6), Florida Statutes. The



Secretary determined that this summary procedure was fairunder the circumstances, in that there was no other methodavailable to adequately protect the public.


The Department of Environmental Protection gives notice ofits intent to grant a water quality exemption (OGC CaseNumber 02-0303) to the City of North Port. The water qualityexemption is to allow the Myakkahatchee Creek WaterTreatment Plant aquifer storage and recovery project to exceedthe secondary drinking water standards for color, iron, and pH. The full text of this notice is published on the Internet at theDepartment of Environmental Protection’s home page athttp://www.dep.state.fl.us/ under the link or button titled“Official Notices,” under program area “ground water.” Forinformation concerning this intent to grant, contact RichardDeuerling, (850)921-9417.


On April 11, 2002, John O. Agwunobi, M.D., Secretary of theDepartment of Health, issued an Order of EmergencySuspension, with regard to the license of Beverly Kouzoujian,R.N. Kouzoujian holds license number RN 2868492.Kouzoujian’s last known address is 3800 S. A1A, Apartment#303, Daytona Beach Shores, Florida 32118. This EmergencyOrder was predicated upon the Secretary’s findings of animmediate and serious danger to the public health, safety andwelfare pursuant to Sections 456.073(8) and 120.60(8), FloridaStatutes. The Secretary determined that this summaryprocedure was fair under the circumstances, in that there wasno other method available to adequately protect the public.

On April 15, 2002, John O. Agwunobi, M.D., M.B.A.,Secretary of the Department of Health, issued an Order ofEmergency Suspension with regard to the license of Wilfred

Peter Fernandez, M.D., license number ME 0050322. ThisEmergency Suspension Order was predicated upon theSecretary’s findings of an immediate and serious danger to thepublic health, safety and welfare pursuant to Sections455.225(8) and 120.60(8), Florida Statutes. The Secretarydetermined that this summary procedure was fair under thecircumstances, in that there was no other method available toadequately protect the public.

FISH AND WILDLIFE CONSERVATION COMMISSION

The Florida Fish and Wildlife Conservation Commissionannounces the availability of permits granting alligator farmersthe authority to collect alligator hatchlings pursuant to Rule68A-25.031(1), F.A.C. Persons wishing to apply for anavailable permit shall do so in writing within 30 days afteroriginal publication of this notice. Late applications shall notbe accepted. If all openings are not filled after first 30 days,permits will be granted on a first come first serve basis. Onlypersons licensed as alligator farmers pursuant to Section372.6673, Florida Statutes, may apply, and only oneapplication per person shall be accepted. The available permitsshall be assigned by random drawing of qualified applicants.Individuals assigned an available permit shall be notified.Applicants shall have 180 days after notification to meet theeligibility criteria for alligator farm facilities specified inFlorida Administrative Code.The applications should be sent to: The Florida Fish andWildlife Conservation Commission, Attn: Lieutenant DelmarTeagan, 620 South Meridian Street, Tallahassee, Florida32399-1600.



Section XIII Index to Rules Filed During Preceding Week

RULES FILED BETWEEN April 8, 2002and April 12, 2002

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

DEPARTMENT OF INSURANCE4-149.022 4/12/02 5/2/02 27/49 28/12

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICESDivision of Plant Industry5B-36.001 4/8/02 4/28/02 28/95B-36.002 4/8/02 4/28/02 28/95B-36.0024 4/8/02 4/28/02 28/95B-36.0028 4/8/02 4/28/02 28/95B-36.005 4/8/02 4/28/02 28/9

Division of Agricultural Environmental Services5E-14.113 4/9/02 4/29/02 28/65E-14.117 4/9/02 4/29/02 28/65E-14.123 4/9/02 4/29/02 28/65E-14.132 4/9/02 4/29/02 28/65E-14.136 4/9/02 4/29/02 28/65E-14.142 4/9/02 4/29/02 28/6

DEPARTMENT OF EDUCATIONState Board of Education6A-1.09432 4/9/02 4/29/02 28/8

DEPARTMENT OF COMMUNITY AFFAIRSDivision of Housing and Community Development9B-74.010 4/12/02 5/2/02 27/509B-74.020 4/12/02 5/2/02 27/50 28/99B-74.030 4/12/02 5/2/02 27/509B-74.040 4/12/02 5/2/02 27/509B-74.050 4/12/02 5/2/02 27/50

DEPARTMENT OF REVENUE12-24.001 4/10/02 4/30/02 27/4712-24.002 4/10/02 4/30/02 27/47 27/5012-24.003 4/10/02 4/30/02 27/4712-24.004 4/10/02 4/30/02 27/4712-24.005 4/10/02 4/30/02 27/47 28/412-24.006 4/10/02 4/30/02 27/4712-24.007 4/10/02 4/30/02 27/47 28/412-24.008 4/10/02 4/30/02 27/47 28/412-24.009 4/10/02 4/30/02 27/47 28/412-24.010 4/10/02 4/30/02 27/47

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

12-24.021 4/10/02 4/30/02 27/4712-24.023 4/10/02 4/30/02 27/47 28/412-24.024 4/10/02 4/30/02 27/4712-24.025 4/10/02 4/30/02 27/47 28/412-24.026 4/10/02 4/30/02 27/4712-24.027 4/10/02 4/30/02 27/4712-24.028 4/10/02 4/30/02 27/4712-24.029 4/10/02 4/30/02 27/4712-24.030 4/10/02 4/30/02 27/47 28/4

DEPARTMENT OF CITRUS20-13.0011 4/11/02 5/1/02 28/7

DEPARTMENT OF CORRECTIONS33-208.101 4/10/02 4/30/02 28/1033-601.105 4/10/02 4/30/02 28/8 28/1033-601.737 4/9/02 4/29/02 28/933-603.101 4/9/02 4/29/02 28/9

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONBoard of Pilot Commissioners61G14-17.004 4/11/02 5/1/02 28/9

DEPARTMENT OF HEALTHBoard of Clinical Laboratory Personnel64B 3-5.004 4/9/02 4/29/02 28/5 28/1064B 3-7.001 4/9/02 4/29/02 27/52 28/1064B 3-9.001 4/9/02 4/29/02 28/1 28/10

Board of Dentistry64B 5-2.0126 4/11/02 5/1/02 28/6

Board of Nursing64B 9-2.011 4/12/02 5/2/02 27/45 28/1164B 9-5.011 4/12/02 5/2/02 27/45 28/1164B 9-8.006 4/12/02 5/2/02 27/51 28/11

Board of Optometry64B 13-15.002 4/11/02 5/1/02 28/1064B 13-15.005 4/11/02 5/1/02 28/1064B 13-15.006 4/11/02 5/1/02 28/1064B 13-15.009 4/11/02 5/1/02 28/10

Division of Family Health Services64F-8.001 4/11/02 5/1/02 28/564F-8.002 4/11/02 5/1/02 28/5

Section XIII - Index to Rules Filed During Preceding Week 1985

Documents

DEPARTMENT OF BANKING AND FINANCE Division of ......and Rates Universal Standardized Data Letter,” completely filled out in accordance with Form DI4-1507A, “The Florida Department