Florida Register Volume 39, Number 158, August 14, 2013, Pages 4041-4069

• Jurisdiction: Florida
• Library: Florida Register
• Published date: 14 August 2013
• Year: 2013

Florida Administrative Register Volume 39, Number 158, August 14, 2013

4041

Section I

Notice of Development of Proposed Rules

and Negotiated Rulemaking

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:

33-603.411 Warrants for Retaking Offenders

PURPOSE AND EFFECT: The purpose and effect of the

proposed rule is to delete subsection (2) through (4) of the rule

which are unnessary.

SUBJECT AREA TO BE ADDRESSED: Warrants for

Retaking Offenders.

RULEMAKING AUTHORITY: 944.405 FS.

LAW IMPLEMENTED: 944.405 FS.

IF REQUESTED IN WRITING AND NOT DEEMED

UNNECESSARY BY THE AGENCY HEAD, A RULE

DEVELOPMENT WORKSHOP WILL BE NOTICED IN

THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE

REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOP MENT AND A COPY OF

THE PRELIMINARY DRAFT IS: LaDawna Fleckenstein,

501 South Calhoun Street, Tallahassee, Florida 32399

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS:

33-603.411 Warrants for Retaking Offenders.

(1) No change.

(2) An offender who is arrested as provided in subsection

(1) above is ineligible for bond, bail, or release on his own

recognizance.

(3) The issuance of a warrant pursuant to this rule does

not negate or interfere with the right to issuance of a warrant

under any other provision of law, nor will it interfere wit h any

charges or court proceeding p ending against the individual in

any other jurisdiction.

(4) A warrant issued by the department shall be in effect

until the inmate has been returned to the custody of the

department, or until the sentence b eing served by the in mate is

deemed satisfied, whichever occurs first.

(2)(5) The following pr ocedures shall be followed in

cases of offenders who were released in erro r or were

subsequently determined to be statutorily ineligible for

release:

(a) No change.

(b) An offender who wishes to challenge his or her return

to Department of Corrections custody s hall file an emergency

grievance directly with the Office of the Secretary using the

Request for Administrative Re medy or Appeal, For m DC1-

303, in accordance with subsection 33-107.007(6) 33-

103.007(5), F.A.C.

(c) through (d) No change.

Rulemaking Specific Authority 944.405 FS. Law Implemented

944.405 FS. History–New 2-29-88, Amended 1-6-94, Formerly 33-

3.0105, Amended_________.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.: RULE TITLES:

62-550.310 Primary Drinking Water Standards:

Maximum Contaminant Levels and

Maximum Residual Disinfectant Levels

62-550.519 Radionuclides Monitoring Requirements

PURPOSE AND EFFECT: The purpose is to ensure that

customers served by non-transient non-community (NTNC)

water systems, such as institutions, schools, daycares, and

labor camps, are protected against exposure to Radionuclide

contaminants such as Radium and Uranium. It is expected that

over 2,500 Florida customers served by these scho ol, daycare,

institution and labor camp water systems will have reduced

exposure Radionuclides contamination.

SUBJECT AREA TO BE ADDRESSED: The revisions will

require NTNC water systems to monitor periodically and meet

drinking water standards for the Radiological series of

contaminants similar to what the co mmunity systems are

required to do at present.

RULEMAKING AUTHORITY: 403.8055, 403.853 (3),

403.861 (9) FS.

LAW IMPLEMENTED: 403.852(12), 403.853 (1), (3), (7),

403.861 (16), (17) FS.

IF REQUESTED IN WRITING AND NOT DEEMED

UNNECESSARY BY THE AGENCY HEAD, A RULE

DEVELOPMENT WORKSHOP W ILL BE HELD AT THE

DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 3, 2013, 9:00 a.m. EDT

PLACE: Department of Environmental Pr otection, Bob

Martinez Bldg., Room 609, 2600 Blair Stone Rd., Tallahassee,

FL 32399

Pursuant to the provisions of the Americans with Di sabilities

Act, any person requiring special accommodations to

participate in this workshop/meeting is asked to advise the

agency at least 5 days before the workshop/meeting by

contacting: Van Hoofnagle, 2600 Blair Stone Road, MS3520,

Tallahassee, FL 32399-2400; van.hoofnagle@dep.state.fl.us;

(850)245-8631. If you are hearing or speech impaired, please

contact t he agency using the Florida Relay Service,

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

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOP MENT AND A COPY OF

THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Van

Hoofnagle, 2600 Blair Stone Road, MS3520, Tallahassee, FL

32399-2400; van.hoofnagle@dep.state.fl.us; (850)245-8631

Florida Administrative Register Volume 39, Number 158, August 14, 2013

4042

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS AVAILABLE AT NO CHARGE

FROM THE CONTACT PERSON LISTED ABOVE.

Section II

Proposed Rules

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker's Compensation

RULE NO.: RULE TITLE:

69L-7.602 Florida Workers' Compensation Medical

Services Billing, Filing and Reporting Rule

PURPOSE AND EFFECT: The p roposed rule amendment

reduces regulatory burdens placed on insurers under existing

provisions of the rule. In the case of medical bills for

pharmaceuticals or pharmaceutical services p rovided by a

pharmacy or pharmacist under Chapter 465, F.S., the insurer,

service company/TPA or any entity acting on behalf of the

insurer, would be relieved of the obligation o f issuing an

Explanation of Bill Review (“EOBR”) to that pharmacy or

pharmacist if there is a preexisting contract between the two

that governs and specifies the amount of reimbursement due

on the medical bill.

SUMMARY: The rule is amended to provide that insurers, or

other entities acting on behalf of an i nsurer, are not required to

issue an Explanation of Bi ll Review to pharmacists for

pharmaceutical services in cases where a preexisting contract

between the parties specifies the terms of reimbursement for

the services provided.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS AND LEGISLATIVE

RATIFICATION:

The Agency ha s determined that this will not have an adverse

impact on small business or likely i ncrease directly or

indirectly regulatory costs in excess of $200,000 in the

aggregate within one year after the implementation of the rule.

A SERC has been prepared by the agency.

The Agency has d etermined that the proposed rule is not

expected to require legislative ratification based on the

statement of esti mated regulatory co sts or if no SERC is

required, the information expressly relied upon and described

herein: The agency has determined that the proposed

amendments to the rule chapter are not expected to require

legislative rati fication based on the information expressly

relied upon and described herein: 1) no requirement for a

SERC was triggered under subsection 120.54(1) and

paragraph 120.54(3)(b), F.S.; and 2) there are no adverse

impacts or regulator y costs associated with the proposed rules

that will exceed any of the criteria established in p aragraph

120.541(2)(a), F.S.

Any person who wishes to provide information regarding a

statement of estimated regulatory costs, or provide a proposal

for a lower cost regulatory alternative must do so in writing

within 21 days of this notice.

RULEMAKING AUTHORITY: 440.13(4), 440.15(3)(b), (d),

440.185(5), 440.525(2), 440.591, 440.593(5) FS.

LAW IMPLEMENTED: 440.09, 440.13(2)(a), (3), (4), (6),

(11), (12), (14), (16), 440.15(3)(b), (d), 44 0.185(5), (9),

440.525(2), 440.593 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF

THIS NOTICE, A HEARING WILL BE HELD AT THE

DATE, TIME AND PLACE SHOWN BELOW (IF NOT

REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, September 12, 2013 , 10:00

a.m.

PLACE: Room 102 , Hartman Building, 2012 Capital Circle

Southeast, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities

Act, any person requiring special accommodations to

participate in this workshop/meeting is asked to advise the

agency at least 5 days before the workshop/meeting by

contacting: Eric Lloyd, (850)413-1689 or

Eric.Lloyd@myfloridacfo.com. If you are hearing or speech

impaired, please contact the agency using the Florida Relay

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

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE IS: Eric Lloyd, Program Administrator,

Office of Medical Services, Division of Workers’

Compensation, Department of Financial Services, 200 East

Gaines Street, Tallahassee, Florida 32399-4232, (850)413-

1689 or Eric.Lloyd@myfloridacfo.com

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-7.602 Florida Workers’ Compensation Medical

Services Billing, Filing and Reporting Rule.

(1) through (4) No change.

(5) Insurer Responsibilities.

(a) through (p) No change.

(q) An insurer, ser vice company/TPA or any entity actin g

on behalf of the insurer to pay, adjust, disallow or deny a filed

bill shall submit to the health care provider an Explanation of

Bill Review detailing the adjudication of the submitted bill by

line item, utilizing only the EOBR codes and code descriptors