Section I Notices of Development of Proposed Rules and Negotiated Rulemaking

Section I Notices of Development of Proposed Rules and Negotiated Rulemaking DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Division of Forestry 5I-7.001 Rural and Family Lands Protection Program PURPOSE AND EFFECT: This rule is required by Section 570.70 et seq., Florida Statutes, to implement the Rural and Family Lands Protection Act within the Division of Forestry. SUBJECT AREA TO BE ADDRESSED: The new required rule concerns the establishment of an application process, a process and criteria for setting priorities for use of funds consistent with program purposes specified in statute, an appraisal process, and a process for title review and compliance with the requirements of law regarding the acquisition of conservation easements and rural-land-protection easements to maintain agricultural land in its current condition and free from subdivision and conversion to other uses. SPECIFIC AUTHORITY: 570.71(10) FS. LAW IMPLEMENTED: 570.71 FS. DATE AND TIME: Friday, June 20, 2008, 9:00 a.m. PLACE: Eyster Conference Room, Conner Building, 3125 Conner Boulevard, Tallahassee, Florida agency at least 5 days before the workshop/meeting by contacting: Ed Kuester, (850)414-9929. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ed Kuester, Division of Forestry, Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)414-9929 THE CONTACT PERSON LISTED ABOVE. DEPARTMENT OF TRANSPORTATION 14-15.0081 Toll Facilities Description and Toll Rate Schedule PURPOSE AND EFFECT: The proposed rate increases will include an increase in the base SunPass and cash per mile rates, indexing the base rates to the annual rate of inflation, and establishing future base rate increases on an established schedule. Section 338.155(1), Florida Statutes, does not permit the use of the State s toll facilities without paying a toll. SUBJECT AREA TO BE ADDRESSED: The present average toll rate for two-axle vehicles along I-75/Alligator Alley is 2.6 cents per mile for SunPass customers and 3.2 cents per mile for cash customers. The proposed rate increases will include an increase in the base SunPass and cash per mile rates, indexing the base rates to the annual rate of inflation, and establishing future base rate increases on an established schedule. SPECIFIC AUTHORITY: 334.044(2), 338.155(1) FS. LAW IMPLEMENTED: 338.155, 338.165, 338.222, 338.231, 338.26 FS. THE PRELIMINARY DRAFT IS: James C. Myers, Clerk of Agency Proceedings, 605 Suwannee Street, MS 58, Tallahassee, Florida 32399-0458 DEVELOPMENT IS: 14-15.0081 Toll Facilities Description and Toll Rate Schedule. The Toll Facilities Description and Toll Rate Schedule, adopted November 15, 1987, and amended on February 8, 1988, August 1, 1988, February 2, 1989, May 10, 1989, July 1, 1991, August 1, 1991, November 6, 1991, July 11, 1993, November 28, 1993, September 18, 1994, June 6, 1995, July 9, 1995, January 1, 1996, March 31, 1996, April 28, 1996, June 2, 1996, July 28, 1996, September 23, 1997, November 24, 1997, February 12, 1998, June 30, 1998, July 29, 1998, January 6, 1999, February 9, 1999, April 29, 1999, June 21, 1999, September 4, 2001, March 26, 2002, April 10, 2003, October 1, 2003, December 11, 2003, March 7, 2004, May 20, 2004, November 1, 2005, February 5, 2006, July 27, 2006, October 26, 2006, January 15, 2007, and, is hereby incorporated by this rule and made a part of the rules of the Department. Copies of this Department of Transportation Toll Facilities Description and Toll Rate Schedule and any amendments thereto are available at no more than cost. Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2845

Specific Authority 334.044(2), 338.155(1) FS. Law Implemented 338.155, 338.165, 338.222, 338.231, 338.26 FS. History New 11-15-87, Amended 2-8-88, 8-1-88, 2-2-89, 5-10-89, 7-1-91, 8-1-91, 11-6-91, 7-11-93, 11-28-93, 9-18-94, 6-6-95, 7-9-95, 1-1-96, 3-31-96, 4-28-96, 6-2-96, 7-28-96, 9-23-97, 11-24-97, 2-12-98, 6-30-98, 7-29-98, 1-6-99, 2-9-99, 4-29-99, 6-21-99, 9-4-01, 3-26-02, 4-10- 03, 10-1-03, 12-11-03, 3-7-04, 5-20-04, 11-1-05, 2-5-06, 7-27-06, 10-26-06, 1-15-07,. DEPARTMENT OF TRANSPORTATION 14-85.004 Logo Sign Program PURPOSE AND EFFECT: Rule 14-85.004, F.A.C., Logo Sign Program is being revised to implement provisions of Section 479.261, Florida Statutes, relating to business participant eligibility criteria, annual logo permit fees, and the implementation of a rotation-based program for participating businesses. SUBJECT AREA TO BE ADDRESSED: The rule is being amended to implement the provisions of Section 479.261, Florida Statutes, regulating the logo sign program. SPECIFIC AUTHORITY: 334.044(2), 479.02(7), 479.08, 479.261 FS. LAW IMPLEMENTED: 334.044(28), 479.08, 479.261 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. STATE BOARD OF ADMINISTRATION 19-8.010 Reimbursement Contract PURPOSE AND EFFECT: To address a proposed amendment to Rule 19-8.010, F.A.C., the annual Reimbursement Contract. SUBJECT AREA TO BE ADDRESSED: The proposed amendment to this rule addresses the changes made to Section 215.555, F.S., by the Legislature during the 2008 Legislative Session. SPECIFIC AUTHORITY: 215.555(3) FS. LAW IMPLEMENTED: 215.555 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Tracy Allen, Senior FHCF Attorney, State Board of Administration, P. O. Box 13300, Tallahassee, Florida 32317-3300, telephone: (850)413-1341, email: tracy.allen@sbafla.com THE CONTACT PERSON LISTED ABOVE OR ON THE AGENCY WEBSITE: www.sbafla.com. STATE BOARD OF ADMINISTRATION 19-15.001 Insurance Capital Build-Up Incentive Program PURPOSE AND EFFECT: The Legislature made changes to the Insurance Capital Build-Up Incentive Program, Section 215.5595, F.S., during the 2008 Legislative Session. Due to this legislation, an amendment to Rule 19-15.001, F.A.C. is necessary. SUBJECT AREA TO BE ADDRESSED: The proposed amendment to this rule addresses the changes made to Section 215.5595, F.S., by the Legislature during the 2008 Legislative Session. SPECIFIC AUTHORITY: 215.5595 FS. LAW IMPLEMENTED: 215.5595 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Tracy Allen, Senior FHCF Attorney, State Board of Administration, P. O. Box 13300, Tallahassee, Florida 32317-3300, telephone: (850)413-1341, email: tracy.allen@sbafla.com THE CONTACT PERSON LISTED ABOVE OR ON THE AGENCY WEBSITE: www.sbafla.com. 2846 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking

WATER MANAGEMENT DISTRICTS South Florida Water Management District 40E-2.011 Policy and Purpose 40E-2.301 Conditions for Issuance of Permits 40E-2.331 Modification of Permits PURPOSE AND EFFECT: To identify the implementation authorities and tools to be used to protect water for the natural system from consumptive uses, and specifically define the volume and timing of water to be reserved from allocation for the Picayune Strand Restoration Project, as part of the Comprehensive Everglades Restoration Plan. SUBJECT AREA TO BE ADDRESSED: This rule is to be applied to protect waters for the natural systems that occur within the boundaries of the South Florida Water Management District. SPECIFIC AUTHORITY: 373.016, 373.044, 373.103(1), 373.113, 373.171, 373.216, 373.219, 373.223, 373.229, 373.233 FS. LAW IMPLEMENTED: 373.103(1), 373.103(4), 373.118, 373.203, 373.216, 373.219, 373.223, 373.229, 373.233, 373.239, 373.249 FS. DATE AND TIME: June 17, 2008, 1:30 p.m. PLACE: Collier County Commission Chambers, Third Floor, Collier County Government Center, Building F, 3301 East Tamiami Trail, Naples, Florida agency at least 5 days before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, 1(800)432-2045, ext. 2087 or (561)682-2087. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Brenda Mills, Lead Planner, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 4208 or (561)682-4208, email: bmills@sfwmd.gov, or Beth Lewis, Senior Supervising Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6343 or (561)682-6343, email: belewis@sfwmd.gov. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6299 or (561)682-6299, email: jsluth@sfwmd.gov. WATER MANAGEMENT DISTRICTS South Florida Water Management District 40E-10.011 Purpose and General Provisions 40E-10.021 Definitions 40E-10.031 Implementation Tools 40E-10.221 Protected Natural Systems Water Bodies 40E-10.321 Regional Wetland Systems 40E-10.421 Water Reservations 40E-10.431 Water Reservation Areas: Lower West Coast 40E-10.441 Water Reservation Areas: Lower East Coast 40E-10.451 Water Reservation Areas: Upper East Coast 40E-10.461 Water Reservation Areas: Kissimmee Planning Area 40E-10.471 Water Reservation Areas: Lake Okeechobee Service Area PURPOSE AND EFFECT: To identify the authorities and regulatory tools to be used to protect water for the natural system from consumptive uses, and specifically define the volume and timing of water to be reserved from allocation for the Picayune Strand Restoration Project, as part of the Comprehensive Everglades Restoration Plan. SUBJECT AREA TO BE ADDRESSED: The rule is to be applied to protect waters for the natural systems that occur within the boundaries of the South Florida Water Management District. SPECIFIC AUTHORITY: 373.016, 373.044, 373.103(4), 373.113, 373.171, 373.219, 373.223 FS. LAW IMPLEMENTED: 373.026(8), 373.036, 373.0361, 373.1501, 373.4592, 373.4595 FS. DATE AND TIME: June 17, 2008, 1:30 p.m. PLACE: Collier County Commission Chambers, Third Floor, Collier County Government Center, Building F, 3301 East Tamiami Trail, Naples, Florida agency at least 5 days before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, 1(800)432-2045, ext. 2087 or (561)682-2087. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Brenda Mills, Lead Planner, South Florida Water Management Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2847

District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 4208 or (561)682-4208, email: bmills@sfwmd.gov, or Beth Lewis, Senior Supervising Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6343 or (561)682-6343, email: belewis@sfwmd.gov. For procedural questions, contact: Jan Sluth, Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6299 or (561)682-6299, email: jsluth@sfwmd.gov. DEVELOPMENT IS NOT AVAILABLE WATER MANAGEMENT DISTRICTS South Florida Water Management District 40E-20.301 Conditions for Issuance of General Water Use Permits 40E-20.302 Types of General Water Use Permits 40E-20.331 Modification of General Water Use Permits PURPOSE AND EFFECT: To identify the authorities and regulatory tools to be used to protect water from the natural system from consumptive uses and specifically to define the volume and timing of water to be reserved from allocation for the Picayune Strand Restoration Project as part of the Comprehensive Everglades Restoration Plan. SUBJECT AREA TO BE ADDRESSED: The rule is to be applied to protect waters for the natural systems that occur within the boundaries of the South Florida Water Management District. SPECIFIC AUTHORITY: 373.016, 373.044, 373.103(4), 373.113, 373.118, 373.171, 373.219, 373.223 FS. LAW IMPLEMENTED: 373.026(8), 373.036, 373.0361, 373.103(4), 373.118, 373.1501, 373.223, 373.229, 373.4592, 373.4595 FS. DATE AND TIME: June 17, 2008, 1:30 p.m. PLACE: Collier County Commission Chambers, Third Floor, Collier County Government Center, Building F, 3301 East Tamiami Trail, Naples, Florida agency at least 5 hours before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, 1(800)432-2045, ext. 2087 or (561)682-2087. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Brenda Mills, Lead Planner, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 4208 or (561)682-4208, email: bmills@sfwmd.gov. or Beth Lewis, Senior Supervising Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6343 or (561)682-6343, email: belewis@sfwmd.gov. For procedural questions, contact: Jan Sluth, Sr. Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6299 or (561)682-6299, email: jsluth@sfwmd.gov. AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid 59G-13.081 Developmental Disabilities Waiver Provider Rate Table 59G-13.084 Developmental Disabilities Waiver Residential Habilitation Services in a Licensed Facility Provider Rate Table PURPOSE AND EFFECT: The purpose of the amendment to Rule 59G-13.081, F.A.C., is to incorporate by reference in rule the Developmental Disabilities Home and Community-Based Services Waiver Provider Rate Table, July 1, 2008. The purpose of Rule 59G-13.084, F.A.C., is to incorporate by reference in rule the Developmental Disabilities Home and Community-Based Services Waiver Residential Habilitation Services in a Licensed Facility Provider Rate Table, July 1, 2008. The rate tables were revised to comply with proviso language following Specific Appropriation 263 of the 2008-2009 General Appropriations Act. The effect of the amendment to Rule 59G-13.081, F.A.C., will be to incorporate by reference in rule the Developmental Disabilities Home and Community-Based Services Waiver Provider Rate Table, July 1, 2008. The effect of Rule 59G-13.084, F.A.C., will be to incorporate by reference in rule the Developmental Disabilities Home and Community-Based Services Residential Habilitation Services in a Licensed Facility Provider Rate Table, July 1, 2008. SUBJECT AREA TO BE ADDRESSED: Developmental Disabilities Waiver Provider Rate Table and Developmental Disabilities Residential Habilitation Services in a Licensed Facility Provider Rate Table. SPECIFIC AUTHORITY: 409.919 FS. LAW IMPLEMENTED: 393.0661, 409.906, 409.908 FS. 2848 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking

DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: Monday, June 16, 2008, 1:00 p.m. 3:00 p.m. PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, Florida 32308 THE PRELIMINARY DRAFT IS: Pamela Kyllonen, Medicaid Services, 2727 Mahan Drive, Mail Stop 20, Tallahassee, Florida 32308-5407, (850)414-9756, Kyllonep@ahca. myflorida.com DEVELOPMENT IS: 59G-13.081 Developmental Disabilities Waiver Provider Rate Table. (1) No change. (2) All developmental disabilities waiver services providers enrolled in the Medicaid program must be in compliance with the Developmental Disabilities Home and Community-Based Services Waiver Provider Rate Table, July 1, 2008 January 1, 2007, which is incorporated by reference. The rate table is available from the Medicaid fiscal agent s Web Portal website at http://mymedicaid-florida.com floridamedicaid.acs-inc.com. Click on Provider Support, and then on Fees Schedules. Paper copies of the rate table may be obtained from the Agency for Health Care Administration, Bureau of Medicaid Services, 2727 Mahan Drive, M.S. 20, Tallahassee, Florida 32308. Specific Authority 409.919 FS. Law Implemented 393.0661, 409.906, 409.908 FS. History New 5-29-06, Amended 11-15-07,. 59G-13.084 Developmental Disabilities Waiver Residential Habilitation Services in a Licensed Facility Provider Rate Table. (1) This rule applies to all developmental disabilities waiver services providers enrolled in the Medicaid program. (2) All developmental disabilities waiver services providers enrolled in the Medicaid program must be in compliance with the Developmental Disabilities Waiver Residential Habilitation Services in a Licensed Facility Provider Rate Table, July 1, 2008, which is incorporated by reference. The rate table is available from the Medicaid fiscal agent s Web Portal at http://mymedicaid-florida.com. Click on Provider Support, and then on Fee Schedules. Paper copies of the rate table may be obtained from the Agency for Health Care Administration, Bureau of Medicaid Services, 2727 Mahan Drive, M.S. 20, Tallahassee, Florida 32308. Specific Authority 409.919 FS. Law Implemented 393.066, 409.906, 409.908 FS. History New. DEPARTMENT OF MANAGEMENT SERVICES Agency for Workforce Innovation 60BB-9.115 School Readiness Plan Requirements PURPOSE AND EFFECT: The purpose of the proposed rule development is to establish the criteria for approval of school readiness plans and the format and procedure for submission of early learning coalition plans to the Agency for Workforce Innovation for review and approval. SUBJECT AREA TO BE ADDRESSED: The proposed rule development will address development of plans for implementing school readiness programs to meet the requirements of Section 411.01, Florida Statutes, and the performance standards and outcome measures for school readiness programs; the criteria for approval of school readiness plans; the content and format of plans; and the procedure for submission and revision of plans. SPECIFIC AUTHORITY: 411.01(4)(e), 411.01(4)(l) FS. LAW IMPLEMENTED: 411.01(2), 411.01(4)(d), 411.01(4)(j), 411.01(4)(l), 411.01(4)(o), 411.01(5)(a)-(f), 411.01(6), 411.01(7)(a), 411.01(8) FS. DATE AND TIME: Monday, June 23, 2008, 2:00 p.m. 5:00 p.m. PLACE: Agency for Workforce Innovation, 107 East Madison Street, Room B-29, Tallahassee, Florida 32399-4128 agency at least 48 hours before the workshop/meeting by contacting: Audrey Gaten at (850)245-7160. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PRELIMINARY DRAFT, IF AVAILABLE, IS: C.J. Weinman, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, (850)245-7150 DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to http://www.dep.state.fl.us/ under the link or button titled Official Notices. Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2849

DEPARTMENT OF ENVIRONMENTAL PROTECTION 62-210.200 Definitions PURPOSE AND EFFECT: The Department issued a Notice of Rule Development on April 4, 2008, for Chapter 62-210, F.A.C., Stationary Sources General Requirements, involving corrective and clarifying amendments. This proposed rule development involves two additional amendments to rule language in Chapter 62-210, F.A.C. The amendments correct typographical/grammatical errors in the definitions of Best Available Control Technology or BACT and Net Emissions Increase. SUBJECT AREA TO BE ADDRESSED: The proposed rule amendments address the department s general requirements for stationary sources of air pollutant emissions. SPECIFIC AUTHORITY: 403.061 FS. LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Terri Long at (850)921-9556 or terri.long@dep.state.fl.us THE CONTACT PERSON LISTED ABOVE. DEPARTMENT OF HEALTH Division of Medical Quality Assurance 64B-9.002 Physician Survey Procedures PURPOSE AND EFFECT: To update and expand the rule relating to physician workforce surveys. SUBJECT AREA TO BE ADDRESSED: Physician Survey Procedures. SPECIFIC AUTHORITY: 458.3191(4), 459.0081(4) FS. LAW IMPLEMENTED: 381.4018, 458.3191, 459.0081 FS. THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lola Pouncey, Bureau Chief, 4052 Bald Cypress Way, Bin #C10, Tallahassee, Florida 32399-3255 DEPARTMENT OF CHILDREN AND FAMILY SERVICES Economic Self-Sufficiency Program 65A-4.220 Amount and Duration of Cash Payment PURPOSE AND EFFECT: This proposed rule amendment explains agency error policy for purposes of cash assistance benefits. The effect of the proposed rule amendment is to clarify when agency policy will not result in a redetermination of cash assistance benefit amount. SUBJECT AREA TO BE ADDRESSED: The proposed rule amendment clarifies agency policy pertaining to agency error and the effect of agency error on the calculation of the cash assistance benefit amount. SPECIFIC AUTHORITY: 414.45 FS. LAW IMPLEMENTED: 414.095 FS. DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: June 16, 2008, 1:30 p.m. PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700 THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Room 413, Tallahassee, Florida 32399-0700, telephone (850)410-3291 Section II Proposed Rules DEPARTMENT OF LEGAL AFFAIRS Division of Victim Services and Criminal Justice Programs 2A-8.005 Adjustments to Reflect Consumer Price Index PURPOSE AND EFFECT: The proposed rule amendments are intended to reflect changes to benefits with regard to the recent changes in the Consumer Price Index. SUMMARY: The proposed rule amendments reflect revised benefit payments in response to adjustments to the Consumer Price Index. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. 2850 Section II - Proposed Rules