- Petitions and Dispositions Regarding Rule Variance or Waiver (3)
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On August 15, 2012, the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), Florida Administrative Code, Paragraph 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from BC Food Service First Floor located in Miami. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom on the same level be provided for use by customers and employees. They are requesting to utilize bathrooms located on a different level.
The Petition for this variance was published in Vol. 38/36 on September 07, 2012. The Order for this Petition was signed on September 24, 2012 and after a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the public bathrooms located on the second floor are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, handwash sign and are available during all hours of operation. The Petitioner shall also ensure that directional signage is installed in the main restaurant area clearly stating the location of the bathrooms.
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THAT ON September 25, 2012, the Department of Health filed an Order disposing of a petition for variance from the requirements of subparagraph 64E-16.004(2)(d)3, F.A.C., which requires that reusable sharps containers be emptied into a treatment cart or directly into the treatment unit. The petition filed by Kelly Roberts on behalf of Stericycle, Inc., was filed with the Department on March 19, 2012, and noticed in the F.A.W. on March 30, 2012 in Vol. 38, No. 13. The Department determined that the Petitioner was able to demonstrate that the underlying statute will have been achieved or has been achieved by other means and that application of the rules would violate the principals of fairness. Therefore, the petition for permanent variance is GRANTED.
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of issuance of a Notice of Intent to Deny on the Petition for Waiver or Variance filed on April 26, 2012, by Michael J. Giese, O.D. The Notice of Petition for Variance was published in Volume 38, No. 19, of the May 11, 2012, Florida Administrative Weekly. The Petitioner did not state in his request which rule the Petitioner was seeking the Board to interpret. However, Petitioner appears to be requesting a variance from Chapter 463.006, Florida Statutes, with regards his teaching certificate be converted to a certified optometrist license.
The Board=s Order, filed on June 22, 2012, denies the Petition for Variance or Waiver. The Board does not have authority to waive provisions of statute.
- Notices of Meetings, Workshops and Public Hearings (13)
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The Committee will meet relating to the selection of Trustee and Investment Banking Services providers for the FIAIA.; Thursday, October 11, 2012 at 3:30 p.m.; Tallahassee, FL
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Discussion of Alzheimer's Disease Committee Initiatives.; October 26, 2012, 1:35 p.m. - 3:45 p.m.; Lucerne Pavilion (Annex, behind Lucerne Hospital), Classroom 1, 818 Main Lane, Orlando, Florida 32801
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The Probable Cause Panel will meet to conduct a private meeting to review cases to determine probable cause and to conduct a public meeting to review cases where probable cause was previously found. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the Probable Cause Panel or its counsel.; October 15, 2012, 2:30 p.m. or soonest thereafter.; Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.
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Official business of Commission – among topics included, but not limited to, are proposed legislation affecting Chapter 475, Part I, F.S., rule development workshops, Florida Administrative Code 61J2 rule amendments, budget discussions, escrow disbursement requests, recovery fund claims, education issues, petitions for declaratory statement, petitions for rule variance/waiver, and disciplinary actions.
All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the Commission members or its counsel.
; Tuesday, October 16, 2012, 8:30 a.m.; meeting will reconvene on Wednesday, October 17, 2012, 8:30 a.m.; Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.
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E911 Board to review and prioritize State Grant Applications and conduct other business, if time allows; October 28, 2012 – November 2, 2012, 8:00 a.m. – until the conclusion of business
911 Coordinator’s 2012 Fall Meeting
Two (2) or more Board members may attend the 2012 Fall 911 Coordinators and Database Meetings in conjunction with the 2012 APCO/NENA Fall Training Symposium and Expo.
PLACE: Hilton Hotel, 100 North Atlantic Avenue, Daytona Beach
DATE AND TIME: December 12, 2012, 9:00 a.m. until conclusion of business
; Betty Easley Conference Center, 4075 Esplanade Way, Room 180, Tallahassee
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This is a technical meeting to discuss issues related to the Alafia River Basin Management Action Plan (BMAP). This meeting will provide an opportunity for stakeholders to provide their comments to the Department of Environmental Protection regarding development of the Alafia River BMAP. The BMAP is the means for implementation of the adopted Total Maximum Daily Loads (TMDLs). The primary topic of discussion during this meeting will be the process of BMAP development.; October 10, 2012, 9:00AM; Southwest Florida Water Management District Tampa Service Office, 7601 U.S. Highway 301, Tampa, FL 33637
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This is a technical meeting to discuss issues related to the Manatee River Basin Management Action Plan (BMAP). This meeting will provide an opportunity for stakeholders to provide their comments to the Department of Environmental Protection regarding development of the Manatee River BMAP. The BMAP is the means for implementation of the adopted Total Maximum Daily Loads (TMDLs).; October 9, 2012, 1:30PM; Bradenton Central Library, 1301 Barcarrota Boulevard West, Bradenton, FL 34205
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The Florida Department of Transportation will conduct a public information meeting regarding proposed improvements to State Road 123 (Roger J. Clary Highway) in Okaloosa County, Florida. The project is currently at the 60% design phase for improvements to include constructing a new two-lane roadway parallel to and west of the existing two-lane roadway with two 12-foot travel lanes, 10-foot grassed shoulders (five-foot paved) and a 64-foot grassed median. New two-lane bridges will be built over Tom’s Creek and Turkey Creek, and an existing box culvert will be replaced with a new bridge. The project is not yet fully funded for construction. Only the northern segment from north of Turkey Creek to S.R. 85N is currently scheduled to receive construction funding in Fiscal Year 2014.
; Thursday, November 8, 2012 from 5 p.m. to 6 p.m. (CST)
; Niceville Community Center, 204 North Partin Drive, Niceville, FL.
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Regular quarterly meeting.; October 12, 2012, 10:00 a.m.; MetroPlan Orlando
David L. Grovdahl Board Room
315 E. Robinson St., Suite 355
Orlando, FL 32801
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The meeting will be held via conference call. The conference call number is (386) 212-9010. This is a meeting of the Nominating Committee to discuss the slate of candidates for election as board officers.; Monday, October 15, 2012, 10:00 AM; Florida Agricultural Museum, 7900 Old Kings Road, North Palm Coast, Florida 32137
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This is a meeting of the Insurance Committee to review the Museum's insurance coverage.; Monday, October 15, 2012, 1:30 PM; Palm Coast Holding's Office, 145 City Place, Suite 300, Palm Coast, Florida 32164
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SPACE FLORIDA BOARD OF DIRECTORS MEETING; Thursday, November 8, 2012, 2:30 pm; Rosen Shingle Creek
9939 Universal Blvd., Orlando, FL 32819
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SPACE FLORIDA AUDIT & ACCOUNTABILITY COMMITTEE MEETING; Wednesday, October 31, 2012, 10:00 am; By Teleconference
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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Steve Smith; The Department was notified by the authority having jurisdiction, the Pasco County Fire Marshal, that the Petitioner was granted the relief he was seeking and the Petitioner is now allowed to build a six (6) unit townhome project using a separation wall of two (2) hours without any sprinkler system requirement. Therefore, the Petition does not warrant a Declaratory Statement as the controversy or question requiring interpretation no longer exists.
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Christopher Frey, O.D., filed on September 27, 2012.; The Petitioner seeks the Board’s guidance regarding Section 463.002(5), Florida Statutes and Rule 64B13-3.010 (3), F.A.C. Specifically, whether intraductal probing of the meibomian gland to provide relief from dry eye syndrome with non-incisional instruments falls within the scope of optometry.
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Artesian Pools, filed on September 19, 2012; The Petitioner seeks the Board to interpret Section 489.113(9)(b) 2., Florida Statutes, and whether a contractor may submit his or her own site specific drawings, specifications, and plans for permitting swimming pools, spas, or screened enclosures not exceeding 1,200 square feet or one story in height without a licensed engineer or architect signing and sealing the drawing; and whether building officials can reject such drawing, specifications, or plans when submitted by a properly licensed contractor via a permit application for work that falls within the scope of the contractor’s license.