- Petitions and Dispositions Regarding Rule Variance or Waiver (6)
-
variance from James Cornett, Cornett’s Spirit of the Suwannee, Inc, 3076 95th Drive, Live Oak, FL 32060, pursuant to Section 120.542, F.S. Petitioner is seeking a variance from paragraph 40B-4.3030(9), F.A.C., as to the zero-rise certification requirement, 40B-4.3030(13), as to no construction, additions or reconstruction in the front 75-foot setback of the normally recognized bank of the water, except for 1 deck per parcel located at the top of bank no larger than 200 square feet and a boardwalk no wider than 5 feet to provide reasonable pedestrian access to water dependent structures such as docks and paragraph 40B-4.3030(13)1, as to decks and boardwalks not enclosed, except for a structural roof. Petitioner proposes to construct an enclosed treehouse and deck within the 75-foot setback of the river. The project is located in Suwannee County, in Township 1 South, Range 14 East, Section 18. These rules are intended to set forth criteria for development activities within a Works of the District. The petition has been assigned ERP Number WOD-121-222085-1, Spirit of Suwannee Treehouse.
-
waiver from Towers of Jacksonville, LP, requesting a waiver from Rule 67-21.003 (8)(a) and (b), and the 2014 Non-Competitive Application Instructions, Housing Credit Program, Part A, Section 2(a)(2), in order to allow the substitution of the General Partner. Part A, Section 2(a)(2) of the Instructions states that no material change (33% more of the Applicant, a general partner of the applicant, or a member of the applicant) in the ownership structure of the named Applicant shall result in disqualification from receiving funds.
-
Fairfield Inn & Suites. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2014-369).
-
The Department of Environmental Protection gives notice of its intent to grant a variance under Section 403.201, F.S., from the provisions of Rule 62-4.244(5)(c), F.A.C., to the Captiva Erosion Prevention District, 11513 Andy Rosse Lane Unit 4, Captiva Island, Florida 33924, (File No. 0200269-010-BV) to allow an expanded mixing zone of 200 meters offshore and 1,500 meters downcurrent from the point where dredge slurry enters the Gulf of Mexico. The variance is in conjunction with the Captive Erosion Prevention District’s application to undertake a beach nourishment project in Lee County, along the shorelines of Captiva and Sanibel Islands, from Department of Environmental Protection reference monuments R-83 to R-109 and R-110 to R-118 (File No. 0200269-009-JC). The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Beaches, Inlets and Ports Program, 2600 Blairstone Road, Tallahassee, Florida 32399, Telephone: 850-245-7585.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Mediation under Section 120.573 of the F. S. is not available.
Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the agency action or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this agency action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities in accordance with this variance until the deadlines noted below for filing a petition for an administrative hearing, or request for an extension of time has expired.
Under Rules 28-106.111(3) and 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
In accordance with Rules 28-106.111(2) and 62-110.106(3)(a)(4), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first.
Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S.
A petition that disputes the material facts on which the Department’s action is based must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of
2
the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; and (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action; (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301. Under sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department.
This variance constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68, Florida Statutes, by the filing of a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department.
-
On October 15, 2014 the Division issued an order. The Final Order was in response to a Petition for a Variance from Madeira Beach City Hall & Fire Station, filed September 17, 2014, and advertised on September 19, 2014 in Vol. 40, No. 183, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 2.20.1, 2.18.5.1 ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm because the Petitioner has demonstrated that the purpose of the underlying statute has been met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2014-341).
-
On October 15, 2014, the Department issued a Final Order that was in response to a Petition for Variance from LaQuinta Inn, filed August 20, 2014, and advertised on August 25, 2014 in Vol. 40, No. 165, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from an unspecified Section of A17.3 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1)(a), Florida Administrative Code that requires upgrading the elevators operations because the Petitioner did not provide the necessary information to make an informed decision (VW2014-299).
- Notices of Meetings, Workshops and Public Hearings (18)
-
Title: Meeting of Negotiation Team to Develop Recommendation for Award for the Early Childhood Development Services for Refugees and Entrants in Duval County (ITN# 12K13BS1).
Description: As provided for in Sections 2.5 and 5.4 of this ITN which was published to the Vendor Bid System (VBS) on May 22, 2014. The VBS can be accessed at: http://www.myflorida.com/apps/vbs/vbs_www.main_menu. The Meeting of Negotiation Team to Develop Recommendation for Award is where negotiators will develop a recommendation as to the award that will provide the best value to the State based on the criteria set forth in Section 5.4.1.
; Thursday, November 6, 2014, @10:00 a.m.; Florida Department of Children and Families
1317 Winewood Blvd.
Bldg. 6, Conference Room A
Tallahassee, FL 32399-0700
-
Title: Organizational Meeting of Negotiation Team for the Comprehensive Refugee Services for Refugees and Entrants in Leon County (ITN# 06K14BS1).
Description: As provided for in Sections 2.5 and 5.3 of this ITN which was published to the Vendor Bid System (VBS) on July 10, 2014. The VBS can be accessed at: http://www.myflorida.com/apps/vbs/vbs_www.main_menu. The purpose of the Organizational Meeting of Negotiation Team is to enable the Department to establish the principle terms and conditions needing to be negotiated with Vendors and create successful strategies that will be used during the negotiation process.; Monday, November 3, 2014, @10:00 a.m.; Florida Department of Children and Families
1317 Winewood Blvd.
Bldg. 6, Conference Room A
Tallahassee, FL 32399-0700
-
The meeting is being conducted to notify local governments, affected property owners, tenants, and the public of the proposed design and construction of improvements to Gulf Beach Highway at Patton Drive and Sunset Avenue. The improvements include widening, turn lane and median installation, and traffic signal installation along with necessary drainage and pedestrian features.; Tuesday, October 21, from 5:30 p.m. to 7 p.m.; Lexington Terrace Community Center and Regional Park, located at 700 Old Corry Field Road, Pensacola, Florida
-
Board Meeting; October 23, 2014, 10:00 a.m. (EST); Wakulla County Commission Chambers, 29 Arran Road, Crawfordville, Florida
-
Activities related to transportation planning within and adjacent to metropolitan areas in Florida carried out by local, state and federal agencies.; Thursday, October 30, 2014 - Staff Directors' Advisory Committee 12:00 p.m. - 2:30 p.m. and Governing Board 3:00 - 6:00 p.m.; Orlando Airport Marriott, 7499 Augusta National Drive, Orlando, FL 32822
-
Activities related to freight transportation planning within and adjacent to metropolitan areas in Florida.; Thursday, October 30, 2014 from 9:00 a.m. - 11:00 a.m.; Orlando Airport Marriott, 7499 Augusta National Drive, Orlando, Florida 32822
-
November 19, 2014 2:00 p.m. - Issue Files, 4:00 p.m. Probable Cause Panel (portions may be closed to the public); November 20, 2014 8:30 a.m. - Discipline & General Business; November 21, 2014 8:30 a.m. - General Business; November 19, 2014 2:00 p.m.; November 20, 2014 8:30 a.m.; November 21, 2014 8:30 a.m.; Orlando Marriott Lake Mary, 1501 International Parkway, Lake Mary, FL 32746 Ph: 407-995-1100
-
Subcommittee Meeting for the continuing discussion of the development of Camps for Blind Children, that was offered at the July 25, 2014 meeting of the Florida Rehabilitation Council for the Blind.; Wednesday, October 22, 2014 at 7:00 PM-8:00 PM; Hilton Daytona Beach Oceanfront Resort
100 North Atlantic Avenue
Daytona Beach, FL
-
The Council shall make a systematic study of the conditions affecting black men and boys, including, but not limited to, homicide rates, arrest and incarceration rate, poverty, violence, drug abuse, death rates, disparate annual income levels, school performance in all grade levels including postsecondary levels, and health issues.; October 23, 2014; 3:00 PM – 4:00 PM; Toll Free Dial in Number: 888-670-3525
Conference Code: 2057836401
-
The USACE will hold a public event to celebrate the grand opening of a new Picayune Strand Restoration Project’s Merritt Pump Station in Collier County. Attendees will learn more about the project and hear remarks from the USACE and District staff. Note: One or more District Governing Board, Big Cypress Basin Board and Water Resource Advisory Commission members may be in attendance at the event.; Friday, October 24, 2014, 10:30 AM.; Picayune Strand, Corner of Berson Avenue & Frances Avenue, Naples, FL 34117 approximately 3.2 miles south on 52nd Avenue, located on Frances Avenue
-
The purpose of this annual meeting of the Commissioner of Education's African American History Task Force will be to review and discuss topics related to the mission of the Task Force including project deliverables and updated bylaws.; November 21, 2014, 8:00 a.m.; The Orlando Rosen Shingle Creek
-
General Commission Business; October 21, 2014, at 1:00 PM - Until all business is completed; 1-888-670-3525 Participant Passcode: 3360784946#
-
Probable Cause panel meeting, portions which are closed to the public. Agenda available on request.; November 19, 2014, 12:00 p.m.; Access Phone: (888) 670-3525, Conference code 1628623372
-
General Business Meeting; November 12, 2014 at 10:00 am; (888) 670-3525 Conference Code: 9653369235
-
The Promotion and Development of Sports in the State of Florida.; November 14, 2014, 9:00 a.m.; International Game Fishing Association, Ft. Lauderdale, FL.
-
To discuss the Crystal River Nuclear Power Plant
FEMA Evaluated Exercise that occurs on November 4, 2014.
; Thursday, November 6, 2014,11:00 a.m.; Duke Energy Emergency Offsite Facility
Media Briefing Room
8200 West Venable Street
Crystal River, FL 32449
-
To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, October 24, 2014, 2:00 p.m.; 1 (888) 670-3525, Participation Code: 125-528-7056
-
To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, October 31, 2014, 2:00 p.m.; 1 (888) 670-3525, Participation Code: 125-528-7056