- Petitions and Dispositions Regarding Rule Variance or Waiver (8)
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On August 27, 2014 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from El Castillo de las Frutas Latin Proud 2 located in Miami. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within an adjacent business under the same ownership for use by customers only.
The Petition for this variance was published in Vol. 40/171 on September 03, 2014. The Order for this Petition was signed and approved on September 18, 2014. 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 bathrooms located within El Castillo de las Frutas Latin Proud (SEA2332578) are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of El Castillo de las Frutas Latin Proud (El Castillo de las Frutas Latin Proud LLC) changes, a signed agreement for use of the bathroom facilities between the two establsihements must be provided to the division immediately.
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the Manatee County Sheriff’s Office. The petitioner is seeking a waiver from subparagraph 64E-5.502(1)(a)6., F.A.C., which prohibits individuals from being exposed to radiation from an x-ray machine for training, demonstration or other purposes unless there are also medical requirements and a proper prescription has been provided.
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On September 29, 2014, it issued an order granting a variance with conditions from rules 62-610.466(9)(a)1 and 62-610.563(3)(b)1.a, F.A.C., to Destin Water Users, Inc., for its George F. French Water Reclamation Facility based on its demonstration that the rule would present a substantial hardship or violate the principles of fairness, and that the purpose of the underlying statute would otherwise be met.
BACKGROUND: Destin Water Users, Inc., filed the petition for a variance from rules 62-610.466(9)(a)1 and 62-610.563(3)(b)1.a, F.A.C., on Aug. 8, 2014, requesting the Total Trihalomethanes compliance values be limited as an annual average 0.080 mg/L. The petition was assigned OGC No. 14-0442 and PA File No. FLA010194-020-DWF/VO. Notice of receipt of the petition was published in the Florida Administrative Register on August 14, 2014.
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of the issuance of an Order regarding the Petition for Variance, filed on April 4, 2013, by Broward County Environmental Protection & Growth Management Department. The Notice of Petition for Waiver or Variance was published in Vol. 39, No. 71, of the April 11, 2013, Florida Administrative Register. Petitioner sought a waiver or variance of Rule 61G15-23.003(3), F.A.C., which requires that as part of an electronic seal process, a report be created, printed, and manually signed, dated and sealed.
The Board’s Order, filed on March 18, 2014, denied the petition finding that the petition was in substantial compliance with the provisions of Section 120.542, Florida Statutes, and Chapter 28-104, Florida Administrative Code. Petitioner has not otherwise met the purpose of the underlying statute, and has not established that the Board’s full application of Rule 61G15-23.003(3), F.A.C., to her circumstances would violate principles of fairness nor shown a substantial hardship.
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for waiver or variance filed by Gerald W. Shell, from Rules 64B12-9.001 and 64B12-15.001, F.A.C., and requests to be permitted to take the Optician Licensure Exam without having to retake the NCLE based on Petitioners qualifications and background.
Comments on this petition should be filed with the Board of Opticianry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258, within 14 days of publication of this notice.
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Halifax Professional Center (5106). Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3 and 3.10.4(u), as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations and emergency stop switch which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2014-353).
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Halifax Professional Center (5107). Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, 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 Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2014-354).
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that on September 30, 2014, the Agency for Persons with Disabilities has issued an order granting a petition for emergency variance.
Petitioner’s Name: Peter Digre, Deputy Secretary, Department of Children and Families,
Date Petition Filed: September 29, 2014.
Rule No.: 65G-1.047
Nature of the rule for which variance or waiver is sought: Crisis status criteria establishing priority for enrollment into the Home and Community-Based waiver.
Date Petition Published in the Florida Administrative Register: October 1, 2014.
General Basis for Agency Decision: Petitioner demonstrated that due to T.H.’s unique circumstances, strict application of the rule would create a substantial hardship and a result contrary to the intent of the statute.
- Notices of Meetings, Workshops and Public Hearings (19)
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Business Meeting; Friday, October 17, 2014 at 3:00 p.m.; Adam W. Herbert University Center, 12000 Alumni Dr., Jacksonville, FL 32224-2678
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Springs Coast Management Committee: Discussion will include the framework for management plans, approval of BMAP Nutrient Management Strategy & Management Actions and other water quality drivers.; Wednesday, October 22, 2014; 2 p.m. ; SWFWMD Headquarters, 2379 Broad Street, Brooksville, FL 34604
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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.; October 14, 2014, 10:00 AM-11:00 AM; Teleconference number: 1(888)670-3525, participant passcode 1242528392, then #
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Annual Reports on the Status of the Industry, Research and Promotion. Report on Viticulture Trust Fund Collections.; Tuesday, November 11, 2014 (EST)
9:00 AM to 1:00 PM
; Mid-Florida Research and Education Center
Institute of Food and Agricultural Sciences
University of Florida
2725 Binion Road Apopka, FL 32703-8504
Phone: (407) 410-6946, Fax: (407) 814-6186
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Northwest Council Long-Term Care Ombudsman Program business.; Oct. 23, Nov. 20, Dec. 18, 2014. 9:30 - 10:30 a.m. (new date Oct.); 1060 Shoreline Drive, Gulf Breeze, FL 32561 (new location)
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This notice replaces Notice 14074426. The meeting has been changed to a conference call. Please note the conference call information in the PLACE section.; October 22, 2014, 9:00 a.m., EST; Conference Call Number: (888) 670-3525
Participant Passcode: 2553375252
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Coral Creek Ecosystem Restoration Project Dedication Ceremony. Dedicate approximately 250 acres of restored uplands and wetlands through this important project. Restoration of these communities will help offset habitat losses suffered throughout Charlotte Harbor and will prove valuable for the public and thousands of coastal species that use the Charlotte Harbor ecosystem. One or more Governing Board members may attend.; Wednesday, October 22, 2014; 11 a.m.; Rotunda Blvd. S., Rotunda West, FL 33947
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This is a meeting of the DHSMV to discuss various sections and forms under Chapter 15A-8, F.A.C., Driver Improvement Schools, for proposed rule amendment revisions. In addition, other general business may be addressed.; November 13, 2014, 9:00 a.m.; The Florida Safety Council & The United Safety Council, 1505 East Colonial Drive, Orlando, Florida 32803
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Special Meeting of the Commission’s Board of Directors; Thursday, October 9, 2014, 4:00 P.M. (EDT); Via conference call. This special meeting of the Commission will be conducted through the use of communications media technology, as authorized by section 163.01(18), Florida Statutes. Persons desiring to attend the meeting may do so by conference call which may be in listen-only mode during Commission deliberations and action, or at other times not designated for public comment. A copy of the agenda, conference-call dial-in instructions, and directions to the location of the hosting facility designated for public use of communications media technology (conference call) for this meeting may be obtained from the agency contact listed below. Any one not having access to a telephone will be entitled to use the telephone facilities located in Room 100, Clerk of the Circuit Court – Leon County, 301 South Monroe Street, Tallahassee, FL, 32301.
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Review rules relating to dental practice.; October 22, 2014, 6:00 p.m.; (888)670-3525 when prompted, enter conference code 9653369235.
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The Task Force will review partner and public input from community workshops, will continue discussion of potential recommendations on corridor needs and alternatives, will discuss opportunities for greater consistency among regional and local plans, will discuss a potential action plan, will review the draft Task Force report, will provide guidance for completion of the Task Force report, will obtain public input, and will identify action items and next steps.; October 9, 2014, 8:30 a.m.; MetroPlan Orlando, 315 East Robinson Street, Suite 355, Orlando, Florida 32801
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To review and provide recommendations to the Commission, a letter with comments regarding the deletion of R110 from the Florida Building Code and other business for the Commission per the Committee’s agenda.; October 9, 2014, 8:30 a.m.- until completion.; Meeting to be conducted using communications media technology, specifically teleconference and webinar: To join the online meeting (Now from mobile devices!) GoToMeeting® Online Meetings Made Easy® is a newly contracted vendor. Please note the access is different than previous meetings.
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United States: +1 (626) 521-0017
United States (toll-free): 1 877 309 2070
Access Code: 239-749-541
Audio PIN: Shown after joining the meeting
Meeting ID: 239-749-541
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Public point of access: Office of Codes and Standards, Department of Business and Professional Regulation, Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
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Committee meetings, probable cause panel (portions of which may be closed to the public), general board business.; December 10, 11, 12, 2014, 9:00 a.m., each day; Floridays Resort, 12562 International Drive, Orlando, FL
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Citrus/Hernando Waterways Restoration Council Meeting. To develop plans for the restoration of all waterways within Hernando and Citrus counties.; Monday, October 20, 2014; 3 p.m.; District Headquarters, 2379 Broad Street, Brooksville, FL 34604
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General Business Concerning Anesthesia Committee.; November 12, 2014, 6:00 p.m.; (888)670-3525 when prompted, enter conference code 9653369235.
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Citrus County Task Force Meeting. To discuss issues relative to the Tsala Apopka Chain of Lakes, Lake Rousseau and Crystal River/Kings Bay.; Monday, October 20, 2014; 1 p.m.; District Headquarters, 2379 Broad Street, Brooksville, FL 34604
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The Audit Selection Committee of the Gulf Consortium will meet to approve the solicitation document for a Request for Proposals for independent audit services for FY 2013-14.; October 9, 2014, 10:00 am (ET); PLACE: Dial in Number: 888-670-3525
Participant Passcode: 998 449 5298#
In accordance with section 163.01, the location of the conference call is the Florida Association of Counties, 100 S. Monroe Street, Tallahassee, FL 32301.
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Finance & Insurance at 9:00 a.m.
Strategic Planning Meeting at 10:00 a.m.
Board Meeting at 11:00 a.m.
; Thursday, October 9, 2014, 9:00 a.m., 10:00 a.m., 11:00 a.m.; Palm Coast Holdings, 145 City Place, Palm Coast, Florida 32164
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Public meeting to discuss Dual Diagnosis/Intensive Behaviors housing and service delivery initiatives.; October 9, 2014, 1:00 p.m. - 3:00 p.m. EDT; This will be a Lync meeting and conference call, those who need to intend in person can do so at:
Agency for Persons with Disabilities
111 South Sapodilla Avenue, Room 204
West Palm Beach, FL 33467
Please call in for audio and follow the instructions below to view the presentation during the call.
CALL-IN INFORMATION: 1-888-670-3525, Passcode: 611 253 6035
This meeting will involve Microsoft Lync for sharing presentations over the internet. If you already have access to Microsoft Lync, please use to the following link to join the meeting and then choose “Don’t join audio”:
https://meet.lync.com/apdfl/rita.castor/9Q1ZFZC1
If you do not already have Microsoft Lync installed, please follow the hotlink below and choose “Meeting Readiness”:
http://office.microsoft.com/client/helppreview.aspx?AssetId=HA102621125&lcid=1033&NS=OCO14&Version=14
You will be presented with two options: 1) install Active X or 2) download and install Microsoft Attendee. We recommend you install Microsoft Attendee.
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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Michael J. Glazer, Ausley McMullen, Post Office Box 391, 123 South Calhoun Street, Tallahassee, FL 32301, on behalf of H.D. Smith Wholesale Drug Company; Currently, Section 499.01(2)(p), Florida Statutes (2014), which requires 3PLs to comply with the wholesale distributor requirements and with pedigree requirements (unless the 3PL is performing a wholesale distribution of a prescription drug for a manufacturer), is inconsistent with the new federal standards.
It is not clear from a reading of the other relevant provisions of the DQSA regarding 3PL licensure whether the Department is pre-empted from permitting 3PLs in this interim period prior to the effective date of the regulations referenced in section 584 of the DQSA, or whether the Department is authorized to continue its current permitting program for 3PLs. However, it is clear that Section 585(c) of the DQSA allows state licensure that is not inconsistent with the federal standards. Therefore, so long as the department does not require 3PLs to meet the distributor and pedigree requirements, the Department can continue to license 3PLs.
In a declaratory statement, the Department is limited to providing a statement of how statutes over which the agency has regulatory authority, agency rules or agency orders affect the Petitioner. Accordingly, the Department cannot interpret the provisions of the DQSA regarding 3PL licensure as it applies to Petitioner’s facts.
However, there is no prohibition against the Department determining in a declaratory statement whether its statutes (or portions thereof) are pre-empted by a federal statute, and how that statute, whether pre-empted or not, affects a Petitioner.
The Department determines that the requirements of the Department’s 3PL licensing program that relate to 3PLs being treated as wholesale distributors and the requirements for pedigrees will not be administratively enforced by the Department.
Section 499.002(1), Florida Statutes, states that Chapter 499, Part I, is intended to safeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics. The Department is charged with promoting uniformity of state and federal laws and their administration and enforcement throughout the United States. In addition, the Department is charged with administering and enforcing Part I, Chapter 499, Florida Statutes, to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, repackaging or distribution of drugs, devices, and cosmetics.
In keeping with its legislative mandates set forth in Section 499.002, Florida Statutes, and notwithstanding the DQSA’s various provisions regarding 3PL licensure, the Department will continue its present 3PL permitting program and will continue to require permits for 3PLs distributing prescription drugs from or into this state. Accordingly, the Department declares that if HDS obtains prescription drug product from a 3PL for distribution in Florida, then the 3PL must hold a valid Florida 3PL license.
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Carmen Sardinas on behalf of Garcia Facial Plastic Surgery, filed on September 16, 2014.; However it appears the Petitioner is asking whether providing Intense Pulse Light (IPL laser) services are within the scope of practice of a trained esthetician.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication
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Progressive Community Management, Inc.; Petitioner sought clarification of Chapter 718.111(1)(a), Florida Statutes, and whether the Petitioner is prohibited from receiving commissions or other compensation from an insurance agency or insurer, either directly or thought an affiliated entity, on insurance policies written by the insurance agency or insurer for the condominium associations for which Petitioner provides professional management services. The Notice of Petition for Declaratory Statement was published in Volume 40, No. 19, of the January 29, 2014, Florida Administrative Register.
The Departments of Business and Professional Regulations Order, filed on June 3, 2014, declines to answer the Petition for Declaratory Statement. The Department determined it is well-established that an administrative agency is prohibited from using a declaratory statement “as a vehicle for the adoption of broad agency policy or to provide statutory or rule interpretations that apply to an entire class of person. The Department found it couldn’t answer Petitioner’s questions without issuing a statement of general applicability.