- Notices of Development of Proposed Rules and Negotiated Rulemaking (5)
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To discuss proposed amendments to Rule 19-8.029, F.A.C., Insurer Reporting Requirements and Responsibilities.
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To modify, streamline, and clarify the information required for telecommunications companies in applications for Certificates of Necessity or Authority, Application, and Transfer of Certificate of Necessity or Authority and to avoid applicant confusion, and eliminate redundancy.
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To amend 61B-21.001, 61B-21.002 and 61B-21.003, F.A.C. in order to bring current with amendments made to Chapter 718, F.S.
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To update the rules and forms on applications to become a pay telephone provider, or to transfer a pay telephone certificate previously approved by the Florida Public Service Commission and to repeal the existing rule on applications for approval of a sale or transfer of certificate
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The proposed amendment will bring the rule into compliance with HB 741.
- Petitions and Dispositions Regarding Rule Variance or Waiver (9)
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variance from Robert Willis, through his attorney, Curtis Filaroski, Disability Rights Florida, 2473 Care Drive, Suite 200, Tallahassee, FL 32308. Pursuant to Section 120.542, Fla. Stats., and rule 28-104.002, Florida administrative Code, the Petitioner is seeking a variance from or a waiver of Rule 15A-5.011, Fla. Admin. Code, to allow Mr. Willis a permanent variance from Rule 15A-5.011(5). This rule states: “130 degrees is the minimum acceptable field of vision, for an applicant with 5mm white target.”
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order denying a waiver of Rule 11B-27.002(2)(a), F.A.C., to Amazing Sales. Rule 11B-27.002(2)(a), F.A.C., requires employing agencies to certify a never-before-certified law enforcement, correctional, or correctional probation officer applicant’s eligibility for certificaiton within 30 days of the applicant’s compliance with the certificaiton requirements; Petitioner, who was previously certified as a correctional officer but whose break in service surpassed 4 years, desired a waiver to permit him to become employed and certified as a correctional officer without having to attend a second basic recruit training program. The Petition was filed on April 21, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that the matter was not governed by Rule 11B-27.002(2)(a), F.A.C.; rather, the matter was governed by s. 943.1395, F.S., which requires certified officers who have separated from employment and who are not reemployed within 4 years to meet certain minimum qualifications, including retraining. Section 120.542(1), F.S., does not authorize agencies to grant variances or waivers to statutes.
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On October 4, 2017, the Department of Health issued an order in response to a petition for a variance filed on June 14, 2017, by Toinette Waldon, representing Hissho Sushi @Florida State University, regarding the "Sushi rice and raw animal product". Petitioner sought a variance from Rule 64E-11.004(2) and (8), Florida Administrative Code, which requires all potentially hazardous foods to be kept at 41 degrees Fahrenheit or below or 140 degrees Fahrenheit or above, except during necessary periods of preparation and storage, as well as, raw fish and seafood products be cooked to an internal temperature of 145 degrees Fahrenheit or above for at least 15 seconds. Notice of the petition was published in the October 10, 2017, edition of the Florida Administrative Register.
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-30.006(2)(a), F.A.C., to Miracle Jackson. Rule 11B-30.006(2)(a), F.A.C., provides that individuals are eligible to take the State Officer Certificaiton Examination (SOCE) if, within 4 years of beginning a basic recruit training program, they have successfully completed a basic recruit training program; the waiver permits Petitioner’s passing SOCE score to stand, even though Petitioner sat for and passed the SOCE when she had not completed the defensive tactics portion of the basic recruit training program due to an error on the part of the training school. The Petition was filed on April 26, 2017, and notice of the petition was published on May 3, 2017, in Vol. 43, No. 86, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as she would lose her certification and her employment, and she would have to sit for and pass another SOCE. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the continued employment and certification of Petitioner as a correctional officer, a position for which she is currently qualified and adequately trained.
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On August 29, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order denying a waiver of Rule 11B-35.009(8), F.A.C., to Thomas Verri. Rule 11B-35.009(8), F.A.C., gives individuals who qualify for an exemption from a basic recruit training program 4 years from the beginning date of the required proficiency demonstration to become employed; Petitioner, who qualified for an exemption but did not become employed within 4 years of his proficiency demonstration, desired a waiver to permit him to obtain employment as a law enforcement officer without completing another basic recruit training program. The Petition was filed on May 2, 2017, and notice of the petition was published on May 3, 2017, in Vol. 43, No. 86, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner failed to demonstrate that he would suffer a substantial hardship were the waiver not granted. The CJSTC also determined that it was unknown whether a waiver in this matter would serve the purpose of the underlying statutes as it is unknown whether the waiver would result in the imminent, or even eventual, employment of Petitioner.
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On July 18, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a limited waiver of Rule 11B-20.0016(3), F.A.C., to the Citrus County Public Safety Training Center. Rule 11B-20.0016(3), F.A.C., provides that the effective date of the instructor certificaiton shall be the date the application is approved by commission staff; the waiver allowed the effective date of the instructor certificaiton of Petitioner’s instructor William Roberson to be the date he would have been eligible for certification had Petitioner timely applied for his certification. The Petition was filed on June 9, 2017, and notice of the petition was published on June 16, 2017, in Vol. 43, No. 117, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as it would have to bring back for repeat instruction all the students taught by William Roberson. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the recognition of certification for an adequately trained and qualified instructor during the entire period in which he was eligible for such certification.
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On August 29, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order denying a waiver of Rule 11B-35.009(8), F.A.C., to Jason Cohen. Rule 11B-35.009(8), F.A.C., provides that individuals who have qualified for an exemption from a basic recruit training program have 4 years from the beginning date of their required proficiency demonstration to become employed; Petitioner, who had qualified for an exemption but did not become employed within 4 years from the beginning date of his required proficiency demonstration, sought a waiver to permit Petitioner to obtain employment as a law enforcement officer without completing another basic recruit or equivalency of training program. The Petition was filed on June 26, 2017, and notice of the petition was published on July 5, 2017, in Vol. 43, No. 129, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner failed to demonstrate that he would suffer a substantial hardship were the waiver not granted. The CJSTC also determined that a waiver in this matter would not serve the purpose of the underlying statutes as Petitioner’s training is not current.
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On August 29, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-35.002(2)(a), F.A.C., to Marvin Garcia. Rule 11B-35.002(2)(a), F.A.C., gives individuals 4 years from the start date of a basic recruit training program to complete the program, pass the state officer certificaiton examination, and become employed and certified; the waiver permits Petitioner, who completed a basic recruit training program, passed the SOCE, and sought employment within his 4 year window, 90 days to become formally employed and certified as a law enforcement officer. The Petition was filed on August 2, 2017, and notice of the petition was published on August 4, 2017, in Vol. 43, No. 151, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he would have to undergo another basic recruit training program and pass the SOCE without the benefit of employment. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the imminent employment and certification of an adequately trained law enforcement officer.
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Holiday Inn Orlando-Celebration at 5711 W Irlo Bronson Memorial Hwy, Kissimmee, FL. Petitioner seeks an emergency variance of the requirements of an unspecified Section of A17.1, 1987 edition, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Michelle Comingore, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013 (VW2017-175).
- Notices of Meetings, Workshops and Public Hearings (29)
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The Committee on Continuing Professional Education will meet to discuss items relating to CPE credits.; November 9, 2017, 9:30 a.m.; Teleconference
Conference Number: 1 (888) 670-3525
Conference Code: 4694532213
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This public hearing is being conducted pursuant to Section 339.135(4)(c), Florida Statutes, as amended. The hearing will begin at 6:30 pm with a presentation explaining the FDOT’s work program process followed by a presentation of the Draft Tentative Work Program of projects to occur between July 1, 2018 and June 30, 2023 in Broward, Palm Beach, Martin, St. Lucie and Indian River counties. This public hearing also will include consideration of proposed projects for Florida’s Turnpike Enterprise System, as applicable. A public comment period will follow the presentations and the hearing will adjourn at the conclusion of the public comments.
All Interested person are invited to attend and be heard. This public hearing will be moderated at the District Four Headquarters with the Palm Beach and Treasure Coast Operation Centers participating via video conference. Individuals can elect to attend at one of these locations or participate via webinar. For webinar registration information, please visit https://attendee.gotowebinar.com/register/5822774272880642817
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons who require special accommodations under the Americans with Disabilities Act or persons who require translation services (free of charge) should contact Leslie Wetherell at (866) 336-8435 x 4438 or email leslie.wetherell@dot.state.fl.us or Julie Lucas at (866) 336-8435 x 4631 or email Julie.lucas@dot.state.fl.us. You may also choose to contact either party at the Florida Department of Transportation, District Four, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421. Requests must be made at least seven (7) working days prior to the public hearings. Written comments will be accepted by the Department at the public hearing and within a ten day period after the public hearing. Comments should be addressed to Mr. Gerry O’Reilly, P.E., District Secretary, Florida Department of Transportation, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421.
; October 17, 2017, at 6:30pm; FDOT/District Four Auditorium 3400 West Commercial Blvd. Ft. Lauderdale, Florida 33309; FDOT/Palm Beach Operation Center Auditorium 7900 Forest Hill Blvd. West Palm Beach, Florida, 33413; FDOT/Treasure Coast Operations Main Building, Room One, 3601 Oleander Avenue, Ft. Pierce, Florida 34982.
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Approval for the Department to publish Notices of Proposed Rule for the following rules:
Rule 12D-7.001 Applications for Exemptions
Rule 12D-16.002 Index to Forms
; October 17, 2017, during a regular meeting of the Governor and Cabinet, 8:00 a.m.; Cabinet Meeting Room, Lower Level-03, The Capitol, Tallahassee, Florida.
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To conduct a Rules Committee Meeting.; November 16, 2017 at 4:00 p.m. EST; Radisson Resort Orlando-Celebration
2900 Parkway Blvd.
Kissimmee, FL 34747
(407) 997-7032
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In accordance with Section 120.525, Florida Statutes, a bid opening is hereby noticed for the following Request for Proposal Number: DOS RFP 07/17-05 Rebid – Statewide Centralized Digital Repository Consultant (Rebid). The Department reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. The Department will post notice of any changes or additional meetings within the Vendor Bid System (VBS) in accordance with Section 287.042(3), Florida Statutes, and need not re-advertise notice in the Florida Administrative Register. Access the VBS at: http://vbs.dms.state.fl.us/vbs/main_menu; October 20, 2017, 4:00 p.m; R.A. Gray Building, 500 S. Bronough Street, Room #428, Tallahassee, FL 32399
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To conduct general board business.; October 25, 2017 at 10:00 a.m. EST; (888) 670-3525 when prompted, enter conference code 4552635641#
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Essay Contest Task Force
DATE AND TIME: October 19, 2017 at 2:00 p.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Awards & Recognition Committee
DATE AND TIME: October 24, 2017 at 10:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public Policy Committee
DATE AND TIME: October 25, 2017 at 10:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Nominating Committee
NOTE: In the absence of quorum, items on this agenda will be discussed as workshop, and notes will be recorded although no formal action will be taken. If you have any questions, please call (850) 414-3300.; October 18, 2017 at 10:00 a.m.; Please call (850) 414-3300 for instructions on participation.
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This post-Hurricane Irma outreach meeting will be held to provide affected citizens and property owners in St. Johns County information on Coastal Construction Control Line permitting (including permits for coastal armoring), repair/recovery activities authorized under applicable Department Emergency Final Orders, beach and dune repair, and beach restoration funding.; October 18, 2017, from 5:30 to no later than 7:00 p.m.; Ponte Vedra Branch Library, 101 Library Blvd., Ponte Vedra Beach, FL
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Various Board information; October 19, 2017, 11:30 a.m.; Walton County Health Department
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Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; October 18, 2017, 9:30 a.m.; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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Debrief from last meeting and plan agenda for upcoming meeting for which date is to be determined.; October 13, 2017, 2:00pm; Telephone conference number: 1(888)670-3525; participant code: 450-816-1561
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Fiscal Year 2017-2018 Proposed Budget; October 12, 2017, 9:00 AM - 5:00 PM; 215 N Perviz, Ave., Opa-locka, FL
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Meeting of the Dementia Cure and Care Initiative Task force for the City of Sarasota. The goal of the DCCI Task force is to engage communities across the state to be more dementia friendly, promote better care for Floridians affected by dementia, and support research efforts to find a cure. The vision of the DCCI Task Force is to see all Florida communities engaged in providing better care for those affected by dementia while we work towards a cure.; Wednesday, October 18, 2017, 10:00 a.m.; Tidewell Hospice
5957 Rand Blvd
Sarasota, FL 34238
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Approval to publish a Notice of Proposed Rulemaking for the following rules:
Rule 12E-1.030 - Administrative Establishment of Child Support Obligations
Rule 12E-1.036 - Administrative Establishment of Paternity and Support Obligations
; October 17, 2017, during a regular meeting of the Governor and Cabinet, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rules:
Rule 12-16.003 Form of Consent Agreements
; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Wednesday, November 15, 2017 at 4:00 p.m.: Probable Cause Panel (Portions may be closed to the public); Thursday, November 16, 2017 at 8:30 a.m.: Discipline and General Business; Friday, November 17, 2017 at 8:30 a.m.: General Business.; Wednesday, November 15, 2017 at 4:00 p.m.; Thursday, November 16, 2017 at 8:30 a.m.; Friday, November 17, 2017 at 8:30 a.m.; Embassy Suites Orlando International Drive, 8250 Jamaican Ct, Orlando, FL 32819. (407) 345-8250
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12-29.003 Florida Tax Credit Scholarship Program; Applications
; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rules:
Rule 12A-1.004 Sales Tax Brackets
Rule 12A-1.005 Admissions
Rule 12A-1.038 Consumer’s Certificate of Exemption; Exemption Certificates
Rule 12A-1.044 Vending Machines
Rule 12A-1.060 Registration
Rule 12A-1.070 Leases and Licenses of Real Property; Storage of Boats and Aircraft
Rule 12A-1.087 Exemption for Power Farm Equipment; Electricity Used
for Certain Agricultural Purposes; Suggested Exemption Certificate for Items Used for Agricultural Purposes
Rule 12A-1.097 Public Use Forms
; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12A-12.003 Registration; October 17, 2017, a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12A-15.014 Transition Rule; October 17, 2017, a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12A-16.004 Registration; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12A-19.100 Public Use Forms; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rules:
Rule 12B-5.030 Importers
Rule 12B-5.040 Carriers
Rule 12B-5.050 Terminal Suppliers
Rule 12B-5.060 Wholesalers
Rule 12B-5.070 Terminal Operators
Rule 12B-5.080 Exporters
Rule 12B-5.110 Blenders
Rule 12B-5.120 Resellers and Retail Dealers
Rule 12B-5.150 Public Use Forms.
Rule 12B-5.300 Aviation Fuel Licensees
Rule 12B-5.400 Producers and Importers of Pollutants
; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12B-8.003 Tax Statement; Overpayments; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Approval to publish a Notice of Proposed Rulemaking for the following rule:
Rule 12B-11.005 Registration; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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In accordance with Section 120.525, Florida Statutes, a negotiation team meeting to develop recommendations for award is hereby noticed for the following Invitation to Negotiate (ITN): Number - ITN 4500115, titled, Lease Number 450:0115 DOS – Leased Space for Leon County. The Department reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. The Department will post notice of any changes or additional meetings within the Vendor Bid System (VBS) in accordance with Section 287.042(3), Florida Statutes, and need not re-advertise notice in the Florida Administrative Register. Access the VBS at: http://vbs.dms.state.fl.us/vbs/main_menu; November 15, 2017, 10:00 a.m.; R.A. Gray Building, 500 S. Bronough Street, Room #428, Tallahassee, FL 32399
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Approval to publish a Notice of Proposed Rulemaking for the following rules:
Rule 12C-1.0222 Returns; Extensions of Time; Payments of Tentative Tax
Rule 12C-1.034 Special Rules Relating to Estimated Tax
Rule 12C-1.051 Forms
; October 17, 2017, 8:00 a.m.; Cabinet Meeting Room, Lower Level - 03, The Capitol, Tallahassee, Florida
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Outpatient Hospital Services. This is the rescheduled workshop from October 10, 2017.; October 24, 2017, from 2:00 to 2:30 p.m.; Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Tallahassee, Florida 32308-5407.
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The Florida Department of Transportation (FDOT) will host a public grant workshop Wednesday, November 1, 2017 from 8:30 a.m. to 3 p.m. CDT, at the Florida Department of Transportation Complex, Design Conference Room, 1074 Highway 90, Chipley, Florida 32428.
FDOT is soliciting applications for Federal Transit Administration’s Sections 5310, 5311 and 5339 operating and capital grant programs. This workshop is being held to discuss the following for interested applicants:
• Overview of new grant application process and schedule
• Application eligibility requirements
• Review of the process once a grant is awarded
• The Department’s vehicle procurement process
• Collision investigation information
• Urban and rural methodology and cost allocation
Companies or groups that provide mobility transit which includes private, for-profit, non-profit, local governments and taxi companies are eligible to apply. Agency grant writers, administrators, and transportation managers are encouraged to attend the workshop.
RSVP is requested for attendance to the workshop before Wednesday, October 25, 2017 to Zach Balassone at znbalassone@transystems.com or (321) 320-5694.; Wednesday, November 1, 2017 from 8:30 a.m. - 3:00 p.m.; Florida Department of Transportation District Three Office - 1074 Highway 90, Chipley, Florida 32428
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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TransferWise, Inc.; On July 18, 2017, the Florida Office of Financial Regulation (Consumer Finance) received a Petition for declaratory statement from Transferwise Inc. The petition sought a declaratory statement from the Office on whether Chapter 560, Florida Statutes allow ACH receivables to be included in the calculation of Permissible Investments under Chapter 560.210, Florida Statutes.
On October 9, 2017, the Office issued a Final Order on the Petition for Declaratory Statement. The Office determined that Petitioner's proposed activities place TransferWise, Inc squarely within the definition of a money service business. TransferWise's ACH receivables do not fall within one of the enumerated permissible investments included within section 560.210, Florida Statutes, or any rule thereof.
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Graduates Unbound; On July 14, 2017, the Florida Office of Financial Regulation (Consumer Finance) received a Petition for declaratory statement from Graduates Unbound. The petition sought a declaratory statement from the Office on whether Petitioner's proposed business model (of refinancing existing student loans at terms of ten to thirty years and interest rates less than 18%. Petitioner will be the platform that outreaches to current college students or any college graduate, originate the loan if the individual meets the credit underwriting standards, and service the loan to ensure repayment according to the terms and conditions of the refinance agreement) would require licensure under Chapter 516 or Chapter 494, Florida Statutes.
On October 9, 2017, the Office issued Final Order on the Petition. A declaratory statement is not available to Petitioner because the facts provided in the Petition are not clearly identified or delineated. The Petition lacks detail regarding the proposed interest rate. The Petition is silent as to how the interest rate will be computed. The Office makes no determination regarding the merits of Petitioner's arguments relating to this issue. Based on the foregoing Findings of Fact and Conclusions of Law, it is ordered that Graduates Unbound's petition for declaratory statement is denied.
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Inmate Mack R. Tedder, DC# 035639; The petition alleges that it seeks to resolve a controversy or answer questions or doubts regarding the application of Rule(s) 33-105.401(3)[sic] and 33-501.401, Florida Administrative Code.
Persons whose substantial interests may be affected by a declaratory statement issued in this matter may file a motion to intervene or a petition for administrative hearing within twenty-one (21) days after the publication of this notice.