Title: Florida Administrative Weekly
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00002852/00001
 Material Information
Title: Florida Administrative Weekly
Physical Description: Book
Language: English
Publisher: Florida Administrative Weekly
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Florida Administrative Weekly, Vol 13, No. 48, Nov 25, 1987
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 61
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002852
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



Florida Administrative Weekly Vol. 13, No. 48. November 25. 1987
I- --


procedures for an HMO to follow for individual subscriber
enrollments.
RULEMAKING AUTHORITY: Section 641.36, Florida
Statutes
LAW IMPLEMENTED: Section 641.3901,
641.3903(l)(dKh),(2Md),(4)(a)(b),(8), Florida Statutes
SUMMARY OF THE ESTIMATE OF ECONOMIC
IMPACT OF THE RULE: There is no estimated increased
cost or saving to any affected parties other than the cost of
rulemaking.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF
THIS NOTICE, A HEARING WILL BE HELD AT THE
TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE 9:00 a.m. to 4.00 p.m., Friday, December
18, 1987
PLACE: Auditorium, J. Edwin Larson Building, 200 East
Gaines Street, Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE
AMENDED RULE AND ECONOMIC IMPACT
STATEMENT IS: John F. Black, III, Administrator, Human
Services Section, Bureau of Allied Lines, Room 637 Larson
Building, 200 East Gaines Street, Tallahassee, Florida
32399-0300.

THE FULL TEXT OF THE PROPOSED RULE IS:

4-31.105 Individual Subscriber Enrollment Procedures.
(1) After a subscriber signs an HMO enrollment
application and before the HMO can process the application
changing or initiating the subscriber coverage, each HMO
must verify the intent and desire of the individual subscriber
to join the HMO. The verification must be in writing and
conducted by someone outside the HMO's marketing
department. Each verification shall include the following:
(a) Confirmation that the subscriber intends and desires
to join the HMO;
(b) If the subscriber is a Medicare recipient,
confirmation must be provided that the subscriber
understands by joining the HMO they will be limited to the
benefits provided by the HMO, and Medicare will pay the
HMO for the subscriber coverage;
(c) Confirmation that the subscriber understands the
applicable restrictions of HMOs, especially that they must use
the HMO providers and secure approval from the HMO to
use health care providers outside the plan; and
Id) If the subscriber is a member of an HMO,
confirmation must be provided that the subscriber
understands they are transferring to another HMO.
(2) The HMO shall not pay commissions to any sales
representative until verification from the subscriber of their
intent and desire to enroll into the HMO has been secured and
the enrollment process has been completed. The HMO shall
verify the intent of the subscriber to enroll with a written
notice mailed to the subscriber stating that they are
transferring have transferred from their existing coverage (i.e.
from Medicare, another HMO, etc.) to the new HMO Or by
signed statement by the subscriber stating they understand
all of the items listed above. Each written verification notice
shall be accompanied with printed materials explaining the


nature of the HMO and any applicable restrictions and
exclusions. The enrollment process shall be deemed complete
seven days after the HMO mails the confirmation notice. Each
HMO shall must notify the subscriber of the date enrollment
begins and when benefits will be available. Each HMO is
directly responsible for enrollment abuses.
Specific Authority 641.86 FS. Law Implemented 641.S901,
641.3030lldNh), SMdMAM4NMslMS) PS. Hitory-Nm 7.447, Amended
NAME OF PERSON ORIGINATING PROPOSED RULE:
John F. Black, III, Administrator, Human Services Section,
Bureau of Allied Lines
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THE PROPOSED RULE: Robert B. Johnson, Chief, Bureau
of Allied Lines
DATE PROPOSED RULE APPROVED: November 10,1987

6. DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Division of Plant Industry
RULE CHAPTER TITLE: RULE NOS.:
Preservation of Native Flora 5B-40.001-.009
PURPOSE AND EFFECT: The purpose of the proposed
amendments is to make this rule consistent with Section
581.185, Florida Statutes, which was recently amended.
Further, the proposed amendments are designed to clarify and
provide specific instructions regarding the issuance of permits
and confiscation and disposition procedures for plants that
are harvested in violation of this rule. The primary effect of
these proposed amendments will be a more comprehensive rule
that is consistent with the statute and one that enables the
department to more effectively monitor and regulate the
harvesting of plants listed on the regulated plant index as
endangered, threatened or commercially exploited.
SUMMARY: The proposed amendments include a new section
on commercially exploited plants; additional requirements and
clarification on the section for investigating suspected
violations, preservation of endangered, commercially exploited
and/or threatened plants involved, and reporting suspected
violations. Appropriate language has also been added to make
the rule consistent with the statute as it relates to permits
for plants harvested from one's own property.
RULEMAKING AUTHORITY: 570.07(23), 581.185 FS.
LAW IMPLEMENTED: 570.07(13), 581.185 FS.
SUMMARY OF THE ESTIMATE OF ECONOMIC
IMPACT OF THE RULE AMENDMENT: There will be a
minimal increase in the cost to the agency as a result of
additional applications to be processed for persons harvesting
protected plants from their own property, and the cost of
noticing the rule amendment in the Florida Administrative
Weekly.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF
THIS NOTICE, A HEARING WILL BE HELD AT THE
TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 9:00 a.m., December 21, 1987
PLACE: Doyle Conner Builiding, 1911 Southwest 34th Street,
Gainesville, Florida
REQUESTS FOR A HEARING SHOULD BE
SUBMITTED TO, AND A COPY OF THE PROPOSED
RULE AND THE ECONOMIC IMPACT STATEMENT


4487




SIF ":-(!' --- *


Florida Administrative Weekly


OBTAINED FROM: Robert A. Chastain, Legal Office,
Department of Agriculture and Consumer Services, Room 515.
Mayo Building, Tallahassee, Florida 32399-000.

THE FULL TEXT OF THE PROPOSED RULES ARE:

5B-40.001 Definitions. For the purpose of this chapter
rule, the definitions in Sections 581.011 and 581.185(2), Florida
Statutes, and the following definitions shall apply:
(1) Commercially exploited plant list Plants designated
in Section 581.185(5Xc), Florida Statutes, as commercially
e ite. A rised representative An employee isp:ecto- r
or collaborated ef the division
(3) Gertificate. An official doeement stipulating
eempliamee with the requirements of the division
(3 GCellaboeerat A perses aeeperating with the divisive
is seme peaaity whe has been ffiSeiy designated to perform
eertain *dSe for the dijison
( Commissioner. The Commissioner of Agrieultre
(6) Department The Department of Agriculture and
CoG umer 8evices ef the sate.
) Division The Division eo Pleant Industy of the
Department of Agriultaire and ennsome Servies.e
m Endangered pleat. As individua e o speeds ef plant
whieh is lieluded oe the endangered pladt lit.
(208) Endangered plant list. A li of Pplants
designated in Section 581.185(5)6), Florida Statutes, by the'
loerida Legislature as endangered.
() Mve (moved, movement). Te ship, offer for
shipment receive for transportatioe earry, r otherwise
transport.
S16) Nursery. Any grounds or premise en or in which
tw rery steek is grew, propagated, or held for sale or
distributien,
(I1 Nursery steel. A4 plante, r ee, shruboe visn '
bulbe, ueatings, grafts, seines bades grown or kept for or
eapahe ef propagation, distributiea or sale unlee specifically
e e rud d by the rues f the department.
(3XI) Permit An official written document issued by
the department division giving consent to the permitted to
harvest remae commercially exploited or endangered plants
rmth wilds under conditions described thereon.
118) Pereen. Any individual, eorperatieon eempany
society. asseeatiose er ether business entity,
(14) Plaes. Voemss, railroad ear automobiles, aircraft.
ad other vehicle, buildiags, deeks, mraries, erehard aand
ether premises where pla- or plat prdue are grow kept,
or handled.
(1) Plane ud plBnt producer Trees, shrubs vine,
fge asd cereal plants and all other pleae and plea parts
including uttings g-sfts aieas budes fruts vegetables, reete,
bulbs, seeds, weed, lumber, and all products made therefrom.
(4K)M Shipment or shipments. The act or process of
transferring or moving plants or plant products from one point
to another or the plants or plant products being transferred
or moved.
(17 Threatened plant. An individual efa speiee of plant
whieb is included the threatened plat list.


Vol. No. N. ovamhar 2.5 1987


(5)48 Threatened plant list. A liet of
designated in Section 581.185(5Mbl by the Florida
as threatened.
(6KW) Viable. A state of health whereby a
capable of surviving and functioning in a way 've
common for the species to which it belongs.
Spasfe Authrity 7fO072I I. M1.185lHS t F& Law Implaeuad 7007011. A.
HIMry-New 3480. Formerly 6B-0 U. Amended
5B-40.002 Purpose. To provide rules for the p
preserving the native flora of Florida. by enc
propagation of endangered or depleted species of flora
providing an orderly and controlled procedure for
harvesting of native flora from the wilds, thus
wsntee exploitation or destruction of Florida native
populations.
Spanc Authariy 570.071231 581 IBSIMd PS. Law I rplmmued 570 0711 I
Hisary-New 3480 Fonarly 5B-40 02. Ameaded
5B-40.003 Obtaining a Permit to Harvest
on the Endangered and Commercially Exploited P
(1) Endangered plants.
(aWK To wlfBy harvest, collect, pick, remov -
or destroy any endangered plant listed as endangered
on the private land of another or on any public land
a person shall must obtain the written permission of
of the land or water or his legal representative, r to
harvest eelleut, pie- remove, injure, erdestey any
growing e aay public lnd or water a pereen met"
writer permission eo the superintendent o
lad er water.
(bI) Any A person desiring to harvest one
or more plants or parts thereof of a species contaiMs- '
endangered plant list from the private land of anoti'_r *
any public land or water shall request a permit fr 'l
department division of Pln Industry, Florida Dber"Maw-
ef Agreltrn and C W mm Seprie. A requestl -"'"
permit met mee the fellewing requiremnset.
(c) Any person transporting for the Eurpo9 P
selling, or offering for sale any plant contained O
endangered plant list which is harvested from such ." -L
own property shall request a permit from the depW'
(d) A request for such a permit shall meet the *:u%4Ir 4
requirements:
.I A written request shall must be filed ast l e
calendar days prior to the intended date of harvest '"'' -"
2.M The request ball include a legal descri.r"' '
be aeempanied by proof ownership of the proper' "'
harvesting will occur. Also, written permission is rIu" '
the property owner when a person other than the ow r'"'
to collect or harvest.
3ak Supply other information which may be 0'40"":
by the department division as pertinent to the cowdn4 '
of a permit.
(2) Commercially exploited plants.
(a) To willfully harvest, collect, pick, remove e., iPjr
destroy any plant listed as commercially exploited g'rowir
the private land of another, or on any public land or w''
a person shall obtain the written permission of thea . the land or water or his legal representative.


4488






F'


Vl. 13, No. 48, November 26, 1987


(b) Any person desiring to harvest three or more plants
or parts thereof of a species contained on the commercially
exploited plant list from the private land of another or on any
public land or water shall request a permit from the
department.
(c) Any person transporting for the purpose of sale,
selling or offering for sale any plant contained on the
commercially exploited plant list which is harvested from such
person's own property shall request a permit from the
department.
(d) A request for such a permit shall meet the following
requirements:
1. A written request shall be filed at least 14 days prior
to the intended date of harvest.
2. The request shall include a legal description of the
property where harvesting will occur. Also. written permission
(PI-133) is required of the property owner when a person other
than the owner wishes to collect or harvest.
: Supply other information which may be requested
by the department as pertinent to the consideration of a permit.
(3) Consideration Preferenee shall will be given in
issuing a permit when:
(a) The plans involve salvaging plants from areas being
developed.
(b) Plants will be used for scientific purposes
S(c) Any harvest plan that will provide for the following
considerations:
1. Necessary precautions that will minimize
environmental damage in the area harvested. This should
include preventing development of conditions which will
contribute to eause erosion or fire hazards.
2. Provisions that will assure natural regeneration of
the plants being removed.
3. Provisions that would ensure that the plants
removed are harvested, transported, and stored in such a way
as to provide conditions favorable for survival of the harvested
plants.
Spefic AutLhny 570.071231. 581.1851UM4Ue PS. Lan Impeimatd 570.07115i. MB1 185
PS. Haory-New 3-&0. Formarl SB-4003, Amendd
5B-40.004 Issuance of Permit to Harvest Move Plants
on the Endangered and Commercially Exploited Plant Lists.
(1) All requests for permits Refusal r permission by
the department division shall be reviewed issued within 14
days following receipt of the request a request for permit.
(2) The permit shall include the following information:
(a) Name of the permitted
(b) Address of the permitted
(c) Date issued
(d) Expiration date
(e) Name of the species to be harvested eolleeted
(f) Number of plants to be harvested colleeted
(g) Legal description of the property from which the
plants will be harvested eeleeted
(h) Any special provisions as to conditions which shall
m st be met in harvesting, transporting, or handling the
plants being removed.
(3) Permits issued for endangered or commercially
ePxlo-ted plants shall be valid for one year for those plants


permitted and may be renewed annually by refiling a request
for permit with the department.
Bpawac AuLbrmiy 570.071)55. 61.1818MNerM FM L.w Implw Iq d 170.071131. S1.1S6
PS Huary-New 3450 Formrly IB-40.04. Amended _

5B-40.005 To Harvest Move Plants on the Threatened
Plant List.
(1) To willfully harvest, collect, pick, remove, injure or
destroy any such plant listed as threatened growing on the
private land of another or on any public land or water, a person
shall must obtain the written permission of the owner of the
land or water or his legal representative, o to willfully ha st
eeeet., pickremove injure; or destr y weby sh plant growing
en any peblie laed or water a peren must obtain the wrien
permissio of the supe tended e ustedi of aueh land o

(2) To transport, carry, or convey on any public road
or highway or sell or offer for sale in any place threatened
plants which have been collected without the written
permission of the property owner or his legal representative,
or in the case of public land and water the superintendent or
custodian of such public land or water, is in violation of this
chapter seetion.ea
Spedlk Aubnlty 570.0723). 581 IM513.4UIM FS. Law Impluimted 570.0715), 581.181
PS. HUstwy--New 340. Formrly B-40 05. Amended
5B-40.006 Certification.
p.din Authority 570.071O31.s681 l.dIc FS Law Impmmmted 570.07(13).681.131,581.1856
F& Hmory-New s40. Formerly so-o4.6. eed_
5B-40.007 Entry Upon Property. Authorized
representatives of the department division shall have the
authority to enter upon properties where harvesting r storage
of endangered plants ander threatened plant in order to
assure compliance with the provisions of this chapter rule.
Speci Auotority 170.07(231. 681.18(IIMM I Law Impl atd 1670.071131. 681
PS Hstory-Ne. 3-40. Formrly i-40.07, Amended
5B-40.008 Investigating Cheeking Suspected
Violations, Preservation of Handling Endangered,
Commercially Exploited and/or Threatened Plants Involved,
and Reporting Suspected Violations. Upon any suspected
violation of this chapter rule, any authorized representative
or eellaborater of the department division shall be empowered
to:
(1) Request identification of the person individual
involved and vehicles utilized in the transportation of the
endangered, commercially exploited and/or threatened plants
as well as information on the origin and destination of such
plants.
(2) Take an inventory of the endangered, commercially
exploited and/or threatened plants involved.
(3) Take temporary possession of the endangered,
commercially exploited and/or threatened plants awaiting legal
action. Such possession shall not be for a period of more than
72 hours (excluding Saturday, Sunday or legal holiday), after
which holding of the plants) property shall must be on the
basis of legal action through the use of injunction or other legal
processes.
(4) Endangered, commercially exploited and/or
threatened plants being harvested or moved in suspected


4489


Florida Administrative Weekly


- ---- -- --


--r


I




.!
i' r .P


Florida Administrative Weekly


Vol. 13, No. 48, November 25. 1987


violation of this chapter rle shall meet be maintained in a
viable condition by the person having possession until action
is may be takento allow movement or for eeolieatioe of the
plants in question are confiscated.
(5) Violation report. A violation report (PI-17) shall be
filed with the department by the authorized representative
within 72 hours (excluding Saturday, Sunday or legal holiday)
of the violation.
(8) Endangered. commercially exploited and/or
threatened plants which legally become the property of the
department may be donated to a nt-forprofit organization
such as a botanical garden or state park for preservation
purpo Such donations shall be documented by the
department.
(7) Any permit which has been issued may be
Withdrawn by an authorized representative or the director if
It is determined that the holder thereof has not complied with
an condition f e of the document. The reasons for the
withdrawal shall be confirmed in writi as as
cirermstances allow. An person whose permit has been
withdrawal may appel the decision in writing to the doctor
within 10 days after receiving the written notification of the
withdrawal. The aeal shall state all the facts and reasons
upon which th er reles to show that the per was
wroatwithdrawn. The director shall grant or deny the
apg i writing, stating the reasons for the decision as
promptly as circmsta s allow. If there is a conflict as to any
material fat, a ing ma be held to resolve such conflict.
spfi Aadmkty s7aO7, Ia.IUiiuMd VS. L& I"in. ll. sw6sla. 5OIA.MI
rs Hi Lm-rp-~n. 3-, ru .. Ho4.ee4, Amnem
5B-40.009 Penalties for Violations. Any person,
icui nursrm stoed pat broke? and ag2ts,
who fails to co ly with iio of his chapter shall
bes b to penalties as provided by Sections 581.141 and
581.211. Florida Statutes.
ssM ASu 2 otst s3.1MU6 r La.... .d 58.1.41 511211 Hsati

NAME OF PERSON ORIGINATING PROPOSED RULE:
Dr. S. A. Alfier, Director, Division of Plant Industry
NAME OF SUPERVISOR OR PERSON WHO APPROVED
THIS RULE: Doyle Connr, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED: November 17,1987

7. DEPARTMENT OF PROFESSIONAL REGULATION
RULE CHAPTER TITLE: RULE NOS.:
Impaired Practitioner Program 21-20.001-.005
PURPOSE AND EFFECT' The rules establish Impaired
Practitiors Programs, directed by consultants, with the aid
of the Impaired Practitioners Committee to provide a
therapeutic alternative fr those practitioners who are unable
to practice with reasonab skill and safety for reason of illness
or use of alcohol, drugs, narcotics, chemicals or other type of
material, or as a result of any mental condition; provides for
procedure to enter into the program after voluntary
withdrawing from practice during evaluation treatment as an
alternative to disciplinary probable cause; provide for
examination and consultation and the release of medical
information during evaluation treatment; provide for release


from program after satisfactory progress or unsatisfactory
progress.
SUMMARY: This rule provides procedures and policies to
implement the Impaired Practitioners Program required by
Chapters 86-71, 86-245, 86-256, 86-284, 86-290, Laws of
Florida.
RULEMAKING AUTHORITY: 455.203(2), 458.3315(2),
459.0155(2). 461.0132(2), 464.0185(2), 465.0165(2), Florida
Statute
LAW IMPLEMENTED: 455.26, Florida Statute
SUMMARY OF THE ESTIMATE OF ECONOMIC
IMPACT OF THE RULE: The cost of a4dmpnlstation or
consultants and the Impaired Practitioners Committee.will
be borne by the Department Impaired Prctitioners will be
required to pay the cost of their evaluation,, treatment and
rehabilitation. The individual professional practitioner will be
impacted in a positive manner in that they will receive
treatment and rehabilitation in lieu of disciplinary action
which could result in the permanent loss of their license.
Additionally, the health, welfare and safety of the general
public will benefit in that those practitioners whe re unsafe
will be removed from practice of their profession during the
evaluation treatment and rehabilitation. There will be no
impact on small and minority busin ses.
IF REQUESTED WITHIN 21 DAYS OF THIS NOTICE,
A HEARING WILL BE HELD AT THE TIME, DATE
AND PLACE SHOWN BELOW:
TIME AND DATE: 9:00 A.M., Tuesday, December 18,1987
PLACE: Tampa Airport Holiday Inn, Cypress Street, Tampa,
Florida
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED AMENDMENT AND ECONOMIC IMPACT
STATEMENT IS: Chester G. Sent, Deputy General Counsel,
130 N. Monroe Street Tallahassee, Florida 32301.

THE FULL TEXT OF THE PROPOSED RULES ARE:

21-20.001 pupo. It is the intent of the Department
that:
(1) There be established Impaired Practitioners'
Program directed by the consultant) appointed and retained
puragsat to Sections 455.26. 4"68815. 489.0165, 461.0132.
464.0185 and 465.01166 Florida atute and that the
conseltant(s) with the aid of the impaired practitioners
committee shall array out the responsibilities as outlined in
the aforementioned statute.
(2) The Impaied Practitioners Prgrams provides a
therapeutic alternative for those practitioners who are unable
to practice with reasonable skill and safety to patients by
reason of illness or use of alcohol, drugs, narcotics, chemicals.
or any other type of material or a a result of any mental
condition;
(3) Participation in the program may be either an
alternative to or mitigation of disciplinary action; and
(4) The Impaired Practitioners Programs function
under the policies and guidelines of the Impaired Practitioners
Committee to:
(a) Assist in locating, evaluating, and monitoring
approved treatment providers and treatment resources, as


4490


i_~~_ ~i__________~l ___I _1~_~ *___l~aijp______lrl__i__L1 ~_~__~~~rr___~__ _


~


.
P~;


"'
~L~




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs