Florida Register Volume 43, Number 161, August 18, 2017, Pages 3593-3634
| Jurisdiction | Florida |
| Library | Florida Register |
| Published date | 18 August 2017 |
| Year | 2017 |
Florida Administrative Register Volume 43, Number 161, August 18, 2017
3593
Section I
Notice of Development of Proposed Rules
and Negotiated Rulemaking
DEPARTMENT OF MANAGEMENT SERVICES
E911 Board
RULE NO.: RULE TITLE:
60FF1-5.003 E911 State Grant Programs
PURPOSE AND EFFECT: The proposed rule development is
to consider clarifying and expanding the state grant program.
SUBJECT AREA TO BE AD DRESSED: Clarifying and
expanding state grant program.
RULEMAKING AUTHORITY: 365.172(6)(a)11. FS.
LAW IMPLEMENTED: 365.172(6)(a)3.b., 365.173(2)(i),
365.172(9)(a), (b), (c) FS.
IF REQUEST ED IN WRITI NG 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 , IF AVAILABLE, IS: Heath
Beach, Chairman, E911 Board, 4030 Esplanade Way, Suite
135F, Tallahassee, Florida 32399-0950.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.: RULE TITLE:
64B8-44.0055 Notice of Non-Compliance - Minor
Violations
PURPOSE AND EFFECT: The proposed new rule designates
minor violations for the first-time offense, in compliance with
recent statutory changes to Section 120.69, F.S.
SUBJECT AREA TO BE ADDRESSED: Non-compliance
action for minor violations.
RULEMAKING AUTHORITY: 120.695, 456.073(3), 468.507
FS.
LAW IMPLEMENTED: 120.695, 456.073(3) FS.
IF REQUEST ED IN WRITI NG 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, IF AVAILABLE, IS: Allen
Hall, Executive Director, Dietetics and Nutrition Pr actice
Council, Board of Medicine, 4052 Bald Cypress W ay, Bin
#C05, Tallahassee, Florida 32399-3255.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.: RULE TITLE:
64B8-51.001 Manner of Application
PURPOSE AND EFFECT: The Board proposes the
development of a rule amendment to address manner of
application.
SUBJECT AREA TO BE ADDRESSED: Update rule language
regarding manner of application.
RULEMAKING AUTHORITY: 456.013, 478.43(1), (4) FS.
LAW IMPLEMENTED: 456.013, 456.0635, 478.45, 478.46,
478.47, 478.55 FS.
IF REQUEST ED IN WRITI NG 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, IF AVAILABLE, IS: Allen
Hall, Executive Director, Electrolysis Council/MQA, 4052
Bald Cypress W ay, Bin # C05, Tallahassee, Florida 32399-
3255, Allen.Hall@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.: RULE TITLE:
64B8-51.002 Licensure by Examination
PURPOSE AND EFFECT: The Board proposes the
development of a rule amendment to address licensure by
examination.
SUBJECT AREA TO BE ADDRESSED: Update rule language
regarding licensure by examination.
RULEMAKING AUTHORITY: 478.43(1), (4) FS.
LAW IMPLEMENTED: 456.017, 456.0635, 478.45 FS.
IF REQUEST ED IN WRITI NG 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, IF AVAILABLE, IS: Allen
Florida Administrative Register Volume 43, Number 161, August 18, 2017
3594
Hall, Executive Director, Electrolysis Council/MQA, 4052
Bald Cypress W ay, Bin # C05, Tallahassee, Florida 32399-
3255, Allen.Hall@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.: RULE TITLE:
64B8-51.006 Rule Governing Licensure and Inspection of
Electrology Facilities
PURPOSE AND EFFECT: The Board proposes the
development of a rule amendment to address licensure and
inspection of electrology facilities.
SUBJECT AREA TO BE ADDRESSED: Update rule language
regarding licensure and inspection of electrology facilities.
RULEMAKING AUTHORITY: 456.037, 478.43(1), (4),
478.51(3), (11) FS.
LAW IMPLEMENTED: 456.037, 456.0635, 478.43, 478.49,
478.51, 478.55 FS.
IF REQUEST ED IN WRITI NG 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, IF AVAILABLE, IS: Allen
Hall, Executive Director, Electrolysis Council/MQA, 40 52
Bald Cypress W ay, Bin # C05, Tallahassee, Florida 32399-
3255, Allen.Hall@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF HEALTH
Board of Medicine
RULE NO.: RULE TITLE:
64B8-56.002 Equipment and Devices; Protocols for Laser
and Light-Based Devices
PURPOSE AND EFFECT: The Board proposes the
development of a rule amendment to addr ess equipment and
devices; protocols for laser and light-based devices.
SUBJECT AREA TO BE ADDRESSED: Update rule language
regarding equipment and devices; protocols for laser and light -
based devices.
RULEMAKING AUTHORITY: 458.331(1)(v), 478.43(1), (4)
FS.
LAW IMPLEMENTED: 458.331(1)(v), 458.348(3), 478.42(5),
478.43(1), (3), (4) FS.
IF REQUEST ED IN WRITI NG 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, IF AVAILABLE, IS: Allen
Hall, Executive Director, Electrolysis Council/MQA, 4052
Bald Cypress W ay, Bin # C05, Tallahassee, Florida 32399-
3255, Allen.Hall@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF HEALTH
Board of Nursing
RULE NO.: RULE TITLE:
64B9-8.005 Unprofessional Conduct
PURPOSE AND EFFECT: The purpose of the a mendment is
to add actions that constitute unprofessional conduct.
SUBJECT AREA TO BE ADDRESSED: Actions t hat
constitute unprofessional conduct.
RULEMAKING AUTHORITY: 464.006, 464.018(1)(h) FS.
LAW IMPLEMENTED: 464.018(1)(h) FS.
IF REQUEST ED IN WRITI NG 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, IF AVAILABLE, IS: Joe R.
Baker, Jr., Executive Director, Board of Nursing, 4052 Bald
Cypress Way, Bin # C02, T allahassee, Florida 32399;
Joe.Baker@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM
THE CONTACT PERSON LISTED ABOVE.
DEPARTMENT OF HEALTH
Board of Nursing Home Administrators
RULE NO.: RULE TITLE:
64B10-15.001 Continuing Education for Licensure
Renewal
PURPOSE AND EFFECT: The Board proposes the
development of a rule amendment to address continuing
education for licensure renewal.
SUBJECT AREA TO BE ADDRESSED: Update rule language
regarding continuing education for licensure renewal.
RULEMAKING AUTHORITY: 456.0 13(6), (7), 468.1685(1),
468.1715(3) FS.
LAW IMPLEMENTED: 456.013, 468.1715(3) FS.
IF REQUEST ED IN WRITI NG AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
Florida Administrative Register Volume 43, Number 161, August 18, 2017
3595
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, IF AVAILABLE, IS: Anthony
Spivey, Executive Director, Board of Nursing Home
Administrators, 40 52 Bald Cypress Way, Bin #C07,
Tallahassee, Florida 32399-3257,
Anthony.Spivey@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE
DEVELOPMENT IS NOT AVAILABLE.
DEPARTMENT OF HEALTH
Board of Psychology
RULE NO.: RULE TITLE:
64B19-11.012 Application Forms
PURPOSE AND EFFECT: The Board proposes the
development of a rule amendment to clarify the application.
SUBJECT AREA TO BE ADDRESSED: To clarify the
application.
RULEMAKING AUTHORITY: 456.013, 456.025,
490.004(4), 490.005 FS.
LAW IMPLEMENTED: 456.013, 456.025, 456.0635, 490.005,
490.006, 490.007(1) FS.
IF REQUEST ED IN WRITI NG AND NOT DEEMED
UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE NOTICE D 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, IF AVAILABLE, IS: Allen
Hall, Executive Director, Board of Psychology, 40 52 Bald
Cypress Way, Bin # C05, Tallahassee, Florida 32399-3055.
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 AGRICULTURE AND CONSUMER
SERVICES
Division of Consumer Services
RULE NO.: RULE T ITLE:
5J-6.005 Licensing Requirement, Commercial
Telephone Seller, Salesperson
5J-6.013 Exemption
5J-6.014 Denials
5J-6.015 Security Requirements
PURPOSE AND EFFECT: The p roposed rulemaking
incorporates new depart ment forms, updates current
incorporated forms and establishes a procedure for the
registration of substance abuse marketing service providers.
SUMMARY: The proposed rules update department forms
incorporated by re ference, incorporate new forms and provide
guidance to applicants seeking licensure as a s ubstance abuse
marketing service provider. These amendments will ensure
statutory compliance with ch. 2017-173, Laws of Florida and
the Florida Telemarketing Act.
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 increase directly or indirectly
regulatory costs in excess of $200,000 in the aggregate within
one year after the implementa tion of the rule. A SERC has not
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 es timated regulatory costs or i f no SERC is
required, the information expressly relied upon and described
herein: The proposed revisions update department forms
incorporated by re ference, incorporate new forms and provide
guidance to applicants seeking licen sure as a substance abuse
marketing service provider. Additionally, no interested party
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