PDF Section I Notice of Development of Proposed Rules and ...

Florida Administrative Register

Volume 43, Number 159, August 16, 2017

Section I Notice of Development of Proposed Rules

and Negotiated Rulemaking

DEPARTMENT OF EDUCATION

State Board of Education RULE NO.: RULE TITLE: 6A-1.09414 Course Requirements - Grades PK-12

Exceptional Student Education PURPOSE AND EFFECT: To adopt course requirements for

each course contained in the "Course Code Directory and

Instructional Personnel Assignments" for Grades PK-12

Exceptional Student Education. The effect will be the proposed

adoption of the exceptional education course descriptions as

appropriate for each grade level and content area.

SUBJECT AREA TO BE ADDRESSED: Public school course

descriptions for exceptional student education in grades PK-12.

RULEMAKING AUTHORITY: 1001.02, 1001.03,

1011.62(1)(t), FS.

LAW IMPLEMENTED: 1001.03, 1011.62(1)(t), 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 DEVELOPMENT AND A COPY OF

THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Monica

Verra-Tirado, Ed.D., Chief, Bureau of Exceptional Education

and Student Services, 325 West Gaines Street, Tallahassee, FL

32399-0400, (850)245-0475. To request a rule development

workshop, please contact: Chris Emerson, Agency Clerk,

Department of Education, (850)245-9601 or email

Christian.Emerson@

or

go

to

.

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT

IS:

Available

at

.

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-4.0012

Application Information

PURPOSE AND EFFECT: To revise all hard copy certification

application forms and website links used by current and

prospective educators. The new forms will conform to Versa,

the new licensing system, scheduled to be implemented by the

Bureau of Educator Certification and Florida school districts in

November 2017.

SUBJECT AREA TO BE ADDRESSED: Educator Certification RULEMAKING AUTHORITY: 1001.02, 1012.55, 1012.56, 1012.586, 1012.59, FS. LAW IMPLEMENTED: 1012.31, 1012.32, 1012.55, 1012.56, 1012.586, 1012.59, 1012.798, FS. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: August 31, 2017, 10:00 a.m. ET and 2:00 p.m. ET PLACE: Florida Department of Education, Room 244A, 325 West Gaines Street, Tallahassee, FL 32399-0400 and Conference Call: 1(888)670-3525, Conference Code: 4667615653# THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: David LaJeunesse, Chief of Educator Certification, 325 W. Gaines St., Suite 201, Tallahassee, FL 32399, (850)2450431. To comment on this rule development workshop, please contact: Chris Emerson, Director, Office of Executive Management, Department of Education, (850)245-9661 or email: christian.emerson@, or go to . THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.: RULE TITLE:

59G-4.050

Community Behavioral Health Services

PURPOSE AND EFFECT: The purpose of the amendment to

Rule 59G-4.050, Florida Administrative Code (F.A.C.), is to

incorporate by reference the Florida Medicaid Behavioral

Health Therapy Services Coverage Policy, __________ and

revise the rule title. The incorporated coverage policy will

specify recipient eligibility, provider requirements, service

coverage, and reimbursement information. The amendment

also revises the rule title to Behavioral Health Therapy

Services.

SUBJECT AREA TO BE ADDRESSED: Community

Behavioral Health Services.

RULEMAKING AUTHORITY: 409.919, 409.961, FS.

LAW IMPLEMENTED: 409.902, 409.906, 409.907, 409.908,

409.912, 409.913, 409.973, FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 31, 2017, 10:00 a.m. to 11:00 a.m.

PLACE: In Person: Agency for Health Care Administration,

2727 Mahan Drive, Building 3, Tallahassee, Florida 32308-

5407. Remote Listeners: Register to view the presentation at

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075. A call-in number will be provided upon successful registration through which remote attendees may listen to the discussion via telephone. 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 48 hours before the workshop/meeting by contacting: Lakera Reddick. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lakera Reddick, Bureau of Medicaid Policy, 2727 Mahan Drive, Mail Stop 20, Tallahassee, Florida 32308-5407, telephone: (850)412-4206, e-mail: Lakera.Reddick@ahca.. Please note that a preliminary draft of the reference material, if available, will be posted prior to the workshop at . Official comments to be entered into the rule record will be received until 5:00 p.m. on September 1, 2017 and may be emailed to MedicaidRuleComments@ahca.. For general inquiries and questions about the rule, please contact the person specified above.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

59G-4.050 Community Behavioral Health Therapy

Services.

(1) This rule applies to all providers rendering Florida

Medicaid of behavioral health therapy community behavioral

health services to recipients who are enrolled in the Florida

Medicaid program.

(2) All providers of community behavioral health services

who are enrolled in the Florida Medicaid program must be in

compliance with the provisions of the Florida Medicaid

Community Behavioral Health Therapy Services Coverage

Policy, and Limitations Handbook, ______, March2014,

available

at

,

incorporated by reference. The policy handbook is available on

the Agency for Health Care Administration's from the

Medicaid fiscal agent's Web site at

, and

at [DOS place holder Ref-_______] mymedicaid-

. Select Public Information for Providers, then

Provider Support, and then Provider Handbooks. Paper copies

of the handbook may be obtained by calling the Provider

Services Contact Center at 1-800-289-7799 and selecting Option 7.

(3) The following forms that is are included in the Florida Medicaid Community Behavioral Health Coverage and Limitations Handbook and is are incorporated by reference: Temporary Limited Service Authorization, AHCA Form 50003510, Revised December 2012. This form is available by photocopying it from the Florida Medicaid Community Behavioral Health Coverage and Limitations Handbook. Rulemaking Authority 409.919, 409.961 FS. Law Implemented 409.902, 409.906, 409.907, 409.908, 409.9081, 409.912, 409.913, 409.973 FS. History?New 1-27-82, Amended 10-25-84, Formerly 10C-7.525, Amended 1-19-94, Formerly 10C-7.0525, Amended 9-2198, 11-14-00, 1-19-05, 3-13-14, ________.

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal RULE NO.: RULE TITLE: 69A-64.005 Adjustments to Reflect Consumer Price

Index PURPOSE AND EFFECT: The purpose of the amendment is

to adjust the firefighter death benefits provided in section

112.191, F.S., for the 2017-2018 year based on the Consumer

Price Index (CPI) for All Urban Consumers published by the

United States Department of Labor.

SUBJECT AREA TO BE ADDRESSED: Adjustment of

firefighter line of duty death benefits.

RULEMAKING AUTHORITY: 112.191(2)(h) FS.

LAW IMPLEMENTED: 112.191 FS.

IF REQUESTED IN WRITING AND NOT DEEMED

UNNECESSARY BY THE AGENCY HEAD, A RULE

DEVELOPMENT WORKSHOP WILL BE HELD AT THE

DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 15, 2017, 9:30 a.m.

PLACE: Division of State Fire Marshal, 3rd Floor Conference

Room, The Atrium Building, 325 John Knox Road,

Tallahassee, FL

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: Jason Fryar at telephone: (850)413-3647, email:

Jason.Fryar@. 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 DEVELOPMENT AND A COPY OF

THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jason

Fryar, Government Analyst II, Division of State Fire Marshal,

address: 200 E. Gaines Street, Tallahassee, FL 32399-0342,

telephone:

(850)413-3647,

email:

Jason.Fryar@. The text of the proposed

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rule is also available on the Department's website @ . 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 EDUCATION State Board of Education RULE NO.: RULE TITLE: 6A-1.094224 Uniform Assessment Calendar

Requirements PURPOSE AND EFFECT: To revise the date by which the Department is required to post the populated Uniform Assessment Calendar for the following two years. The rule currently states that the calendars must be posted by August 1 of each year. However, House Bill 7069 (signed into law in June 2017) amended s. 1008.22(7), F.S., to require that the calendars instead be posted by January 1 of each year. This amendment will bring rule language into compliance with that statutory language. SUMMARY: This rule amendment changes the rule language to require the Department to post the populated Uniform Assessment Calendar for the following two school years by January 1 of each year, in accordance with s. 1008.22, F.S. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule revision relate only to the required date by which the Department must post the populated Uniform Assessment Calendar for the following two school years by January 1 of each year, in accordance with s. 1008.22, F.S.; therefore there is no impact on economic growth, private sector job creation, employment, private sector investment, or business competitiveness. If there is any impact on such economic growth and private sector job creation, the impact would be positive because the use of a uniform assessment calendar aids in the uniformity of standardized testing across the state and, by making the uniform assessment calendar available to parents, assists in preparing students for

standardized assessments, leading to higher testing

performance. For the same reasons, though no impact on

business competitiveness is anticipated, any impact would be

positive. Because the proposed rule only relates to the date of

posting the uniform assessment calendar, it is not likely to

increase regulatory costs or require legislative ratification.

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:

1002.23(5),

1008.22(7)(i),(13), FS.

LAW IMPLEMENTED: 1002.23(5), 1008.22(7), FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND

PLACE SHOWN BELOW:

DATE AND TIME: September 13, 2017, 9:00 a.m.

PLACE: Tallahassee Community College Downtown Center,

300 West Pensacola Street, Tallahassee, FL 32301.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE IS: Vince Verges, Assistant Deputy

Commissioner, Division of Accountability, Research, and

Measurement, Office of Assessment, 325 W. Gaines Street,

Suite 414, Tallahassee, FL 32399, (850)245-0513.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.094224 Uniform Assessment Calendar. (1) The purpose of this rule is to establish the criteria for the format of the Uniform Assessment Calendar template, as required by Section 1008.22(7), F.S. (2) By January August 1 of each year, the Department shall populate the Uniform Assessment Calendar template for each statewide assessment required by Section 1008.22, F.S. The Commissioner shall publish the populated template on the Department website and provide it to school district superintendents. (3) through (5) No change. Rulemaking Authority 1002.23(5), 1008.22(7)(i) (g), (13) (12) F.S. Law Implemented 1002.23(5), 1008.22(7) F.S. HistoryNew 7-26-16, Amended_____.

NAME OF PERSON ORIGINATING PROPOSED RULE: Juan Copa, Deputy Commissioner, Division of Accountability, Research and Measurement. NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education. DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2017 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 25, 2017

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DEPARTMENT OF EDUCATION

State Board of Education RULE NO.: RULE TITLE: 6A-1.099827 Charter School Corrective Action and

School Improvement Plans PURPOSE AND EFFECT: The proposed rule revises the criteria of charter schools required to submit a school improvement plan with a corrective action to a charter school that earns three consecutive grades below a "C". The rule conforms to HB7069 which passed in June 2017 and made changes to certain provisions within Section 1002.33, Florida Statutes. SUMMARY: The proposed rule revises the criteria of charter schools required to submit a school improvement plan with a corrective action to a charter school that earns three consecutive grades below a "C". The proposed rule also removes the requirement for charter schools with a grade of "D" or "F" that improve at least one letter grade to continue implementing strategies identified in the approved school improvement plan. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 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: 1002.33(28), FS. LAW IMPLEMENTED: 1002.33(9), FS. A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: September 13, 2017, 9:00 a.m. PLACE: Tallahassee Community College Capitol Center, 300 W. Pensacola Street, Tallahassee, FL 32301. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Charter Schools Director, Department of Education, 325 West Gaines Street, Suite 1044, Tallahassee, FL 32399, (850)245-0502, adam.emerson@.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099827 Charter School Corrective Action and School Improvement Plans.

(1) Required Plans. (a) A charter school that receives a school grade of "D" or "F" pursuant to Section 1008.34(2), F.S., must develop and submit a school improvement plan to its sponsor. (b) A charter school that earns three (3) consecutive grades below a "C" of "D", two (2) consecutive grades of "D" followed by a grade of "F", or two (2) nonconsecutive grades of "F" within a three (3) year period must submit to its sponsor a school improvement plan that includes one of the corrective actions listed in subsection (6) of this rule. (2) through (3) No change. (4) School Improvement Plans. (a) No change. (b) A charter school that improves at least one (1) letter grade is not required to submit a new school improvement plan but must continue to implement the strategies identified in the approved school improvement plan and continue to report annually to the sponsor pursuant to paragraph (7)(b) of this rule. (c)(b) A charter school that is subject to corrective action pursuant to paragraph (1)(b) of this rule shall submit to its sponsor a school improvement plan that includes, at a minimum, each of the components listed in paragraph (4)(a) of this rule and the following: 1. Governing board resolution selecting one of the corrective action options pursuant to subsection (6) of this rule; 2. A detailed implementation timeline; and, 3. A charter school may submit as part of its school improvement plan a request to waive the requirement to implement a corrective action. The waiver request must include information that demonstrates that the school is likely to improve a letter grade if additional time is provided to implement the strategies included in the school improvement plan. (5) No change. (6) Corrective Actions. (a) through (b) No change. (c) A charter school is no longer required to implement a corrective action if it improves to a "C" or higher by at least one (1) letter grade, but must continue to implement the strategies identified in the school improvement plan. (d) A charter school implementing a corrective action that does not improve to a "C" or higher by at least one (1) letter grade after two (2) full school years of implementation must select a different corrective action to be implemented in the next

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school year unless the sponsor determines that the charter school is likely to improve a letter grade if additional time is provided.

(7) through (8) No change. Rulemaking Authority 1002.33 FS. Law Implemented 1002.33(9) FS. History?New 8-21-12, Amended 10-22-13, 12-20-16,______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Miller, Executive Director, Office of Independent Education and Parental Choice. NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education. DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2017 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2017

DEPARTMENT OF EDUCATION

State Board of Education RULE NO.: RULE TITLE:

6A-6.0573

Industry Certification Process.

PURPOSE AND EFFECT: To adopt the most recent CAPE

Industry Certification Funding List, recommendations from

CareerSource Florida and the Department of Agriculture and

Consumer Services, and required forms. In addition, a technical

wording change is included to clarify the rules for industry

certifications earned through a performance-based exam only.

The effect is to ensure that appropriate certifications are

included on the most recent CAPE Industry Certification

Funding List.

SUMMARY: The amendment includes revisions to the rule and

documents incorporated by reference as follows: 1) Adoption

by reference of the 2017-2018 CAPE Industry Certification

Funding List; 2) Adoption by reference of the industry

certification recommendations from CareerSource Florida; 3)

Adoption of an updated registration form for career-themed

courses; and 4) Clarifying language on industry certifications

earned through a performance-based exam only.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS AND LEGISLATIVE

RATIFICATION:

The Agency has determined that this will not have an adverse

impact on small business or likely increase directly or indirectly

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

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

been prepared by the Agency.

The Agency has determined that the proposed rule is not

expected to require legislative ratification based on the

statement of estimated regulatory costs or if no SERC is

required, the information expressly relied upon and described herein: 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: 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1)(o), FS. LAW IMPLEMENTED: 1003.4203, 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1)(o), FS. A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW: DATE AND TIME: September 13, 2017, 9:00 a.m. PLACE: Tallahassee Community College Downtown Center, 300 West Pensacola Street, Tallahassee, FL 32301. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Goodman, Bureau Chief, Division of Career and Adult Education, 325 West Gaines Street, Room 744, Tallahassee, Florida 32399-0400, Phone (850)245-9001, Tara.Goodman@.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0573 Industry Certification Process.

(1) through (2) No change.

(3) Adoption of the 2017-2018 2016-2017 CareerSource

Florida Recommendations. CareerSource Florida's list of

recommended

industry

certifications

(

07467) is adopted by the State Board of Education and

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

from the Department of Education, Room 744, Turlington

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

(4) No Change.

(5) Adoption of an annual "CAPE Industry Certification

Funding List." The "CAPE Industry Certification Funding List"

is composed of industry certifications, certificates, and courses

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

(a) The list includes the following certifications and

certificates:

1. "CAPE Industry Certifications;"

2. "CAPE Acceleration Industry Certifications;" and,

3. "CAPE Digital Tool Certificates."

(b) This list will be known as the "2017-2018 2016-2017

CAPE Industry Certification Funding List, Updated"

(

07468) published by the Department of Education and is

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

from the Department of Education, Room 744, Turlington

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

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