- Notices of Development of Proposed Rules and Negotiated Rulemaking (4)
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To authorize highway signage for craft breweries in accordance with Section 563.13, Florida Statutes.
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To provide a process for reviewing seaport security grant applications in accordance with Section 311.12, Florida Statutes
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The purpose of this rulemaking is to implement statutory changes in ch. 2016-166, Laws of Florida, related to an initial registration fee waiver for an honorably discharged veteran of the United States Armed Forces, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse in multiple program areas within the Division of Consumer Services. The rulemaking incorporates a department form to be utilized by persons seeking a fee waiver.
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The Department of Financial Services (DFS) administers two insurance claim mediation programs. The first program is for property insurance claims (homeowner and commercial residential) pursuant to section 627.7015, F.S., and the second program is for automobile insurance claims pursuant to section 627.745, F.S. The mediators must be approved by the DFS to conduct such mediations. The requirements for approval as a DFS mediator in paragraph 627.745(3)(b), F.S., were amended in 2014 to allow an individual who possesses an active certification as a Florida Supreme Court certified circuit court mediator to qualify as a DFS mediator. The amendment also grandfathered in current and active DFS mediators if they conducted at least one mediation for DFS from July 1, 2010, through July 1, 2014. Paragraph 627.7015(4)(b), F.S., was amended to require the DFS to adopt rules for the denial of applications, suspension, revocation, and other penalties for mediators as provided in section 627.745, F.S., and the Florida Rules for Certified and Court-Appointed Mediators. Subsection 627.745(4), F.S., sets forth the grounds for the denial of an application and for the suspension or revocation of the approval of a mediator.
- Petitions and Dispositions Regarding Rule Variance or Waiver (15)
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a Routine Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Section 3-305.14, 2009 FDA Food Code, Section 6-202.15, 2009 FDA Food Code, Section 6-202.16, 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from Jackie Catering #1 located in Orlando. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods from an open air mobile food dispensing vehicle.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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On October 12, 2016 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Embajador Colombiano located in Tampa. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink.
The Petition for this variance was published in Vol. 42/200 on October 13, 2016. The Order for this Petition was signed and approved on October 20, 2016. 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 wastewater holding tank for the handwash sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign.
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On October 20, 2016, the Division issued an order. The Final Order was in response to a Petition for a temporary Variance from Candia West Bay, filed September 21, 2016, and advertised on September 26, 2016, in Vol.42, No.187, 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 2.7.4, A.S.M.E. A17.3, 1996 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires restricted door openings 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 (VW2016-222).
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On October 20, 2016, the Division issued an order. The Final Order was in response to a Petition for a temporary Variance from Colonial Square Building, filed September 15, 2016, and advertised on September 19, 2016, in Vol.42, No.182, 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 3.11.3, A.S.M.E. A17.3, 1996 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevator with fire fighters service 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 (VW2016-216).
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from West Pretzel located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from East Carving located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from West Carving located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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that on October 14, 2016, the Agency for Health Care Administration entered an order on the petition for variance or waiver filed by The Eye Bank Association of America et al. on July 19, 2016 and advertised in Vol. 42, No. 147, Florida Administrative Register on July 29, 2016. The Petition was assigned Agency Case Number 2016008286. The Agency for Health Care Administration has issued a Final Order granting a temporary waiver from Rule 59A-1.005(35)(a)2, F.A.C, related to HTLV testing of donor tissue, to Co-Petitioners for a period expiring on October 1, 2018 upon a finding that the purpose of the underlying statute will be achieved by other means and that an application of the rule would create a substantial hardship.
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from East Sushi located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on April 26, 2016 by Christopher Brookshire. The Notice was published in Vol. 42, No. 85, of the May 2, 2016, Florida Administrative Register. Petitioner sought a variance or waiver of the requirement of Rule 64B10-15.001(2), Florida Administrative Code, that licensees have specified hours of continuing education as a condition of biennial licensure renewal. The Board considered the instant Petition at a duly-noticed public meeting held on June 24, 2016. The Board’s Order, filed on August 31, 2016, determined that the Petitioner has demonstrated he met the purpose of the underlying statute by other means and demonstrated that application of the rule at issue would constitute a substantial hardship. The Order granted the petition in part, allowing Petitioner to complete all required CE via web-based, video or audio-transmitted, on-line, or home study programs.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on May 31, 2016 by Michael L. Foxworthy. The Notice of Variance or Waiver was published in Vol. 42, No. 108, of the June 3, 2016, Florida Administrative Register. Petitioner sought a variance or waiver regarding the requirement of Rule 64B10-11.003, Florida Administrative Code, that applicants pass both parts of the Nursing Home Administrators Examination (NAB) within one year of the date of application for licensure. The Board considered the Petition at a duly-noticed public meeting held on June 24, 2016. The Board’s Order, filed on August 31, 2016, granted the Petition because the Petitioner has demonstrated he meets the purpose of the underlying statute by other means and has demonstrated that application of the rule at issue would violate principles of fairness as defined by Section 120.542, F.S. and Chapter 28-104, F.A.C.
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from West Sushi located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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variance from Petitioner Florida Mitigation Bank, LLC. The petition requested a variance from Rule 62-342.700(1)(b) and (9)(a), F.A.C., which requires reasonable assurance that a Mitigation Bank will meet the requirements under Section 373.4136, F.S., and proof of financial responsibility for the perpetual management activities approved for a Mitigation Bank in the form of a surety bond, performance bond, irrevocable letter of credit, or trust fund. Florida Mitigation Bank is located in northern Osceola County, south of Route 192, and directly east of C-1 canal, within Reedy Creek Swamp, Sections 15, 16, and 21, Township 25 South, Range 28 East. The petition has been assigned OGC No. 16-1339. This variance is sought in relation to the perpetual management activities required in Environmental Resource Permit No. 0138562.
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from East Pasta located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
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a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from West Pasta located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Division of Hotels and Restaurants will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received before 5:00 p.m.
- Notices of Meetings, Workshops and Public Hearings (19)
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Discuss coordination of efforts to address needs related to suicide prevention in the state.; November 2, 2016, 10:00am - 12:00pm; Senate Office Building, Room 401, 404 South Monroe Street, Tallahassee FL 32399-1100
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The Committee will meet to discuss the general business of the Association. The agenda will include but not limited to: Approval of Minutes, Investment Report and Investment Policy Review.; November 7, 2016, 11:00 a.m.; Tallahassee, Florida
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Joint Pasco and Pinellas Community Alliance Meeting to discuss issues crossing county lines in Circuit 6.; Monday, November 14, 2016 at 1:30 PM; Oldsmar Public Library
TECO Hall
400 St. Petersburg Drive East
Oldsmar, FL 34677
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Advisory Council members will meet to conduct regular business of the Florida Faith-Based and Community-Based Advisory Council.; November 1, 2016, 1:00pm - 4:00pm; Wyndham Orlando Resort, Largo Room, 8001 International Drive, Orlando FL 32819
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This is a monthly meeting of the Commercial Motor Vehicle Review Board for the purpose of reviewing penalties imposed upon any vehicle or persons under the provisions of Chapter 316, Florida Statutes, relating to weights imposed on the highway by the axles and wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety regulations.; November 10, 2016, Starting at 8:30am; Florida Dept. of Transportation, Haydon Burns Building Auditorium, 605 Suwannee Street, Tallahassee, FL
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Joint Industrial and Public Supply Advisory Committee meeting: To discuss committee business. All or part of this meeting may be conducted by means of communications media technology in order to permit maximum participation of committee and Governing Board members.; Tuesday, Nov. 8, 2016; 1:00 p.m.; SWFWMD Tampa Office, 7601 US Highway 301 North, Tampa FL 33637
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Rule Development Workshop to discuss and receive public input on proposed rule amendments to adopt minimum flows for De Leon Springs in Volusia County and amend minimum water levels for Lake Cowpen in Putnam County.
NOTE: Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.
; November 9, 2016, 1:30 p.m. – 3:30 p.m.; Governing Board Room, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177
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Awards & Recognition Committee
DATE AND TIME: November 1, 2016 at 2:00 p.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public Outreach Committee
DATE AND TIME: November 2, 2016 at 8:30 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Executive Committee
DATE AND TIME: November 3, 2016 at 2:00 p.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Annual Report Committee
DATE AND TIME: November 8, 2016 at 8:30 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public Policy Committee
DATE AND TIME: November 18, 2016 at 8:30 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: The 4th Quarterly Meeting of 2016 of the Florida Commission on the Status of Women
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.; November 1, 2016 at 10:00 a.m.; Please call (850) 414-3300 for instructions on participation.
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Florida Alligator Marketing and Education Advisory Committee meeting will address special business issues and initiatives of the Florida Alligator Marketing and Education Committee, for the current and next fiscal year.; November 16, 2016, 10:00 a.m; Bert Harris Ag Center/IFAS Extension, 4509 George Boulevard, Room #3, Sebring, FL 33875-5837
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The Florida Viticulture Advisory Council will discuss the following: Annual Reports on the Status of the Industry, Research and Promotion; Report on Viticulture Trust Fund Collections; Viticulture Forms; Budget Request.; Tuesday, November 8, 2016 (EST)
9:30 AM to 1:00 PM
; Florida A&M University
Center for Viticulture and Small Fruit Research
6505 Mahan Drive
Tallahassee, Florida 32317
Phone: (850) 599-3996
Fax: (850) 561-2617
www.famu.edu/index.cfm?viticulture
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To review those cases on which a determination of existence of probable cause has already been made.; November 15, 2016 at 3:00 p.m.; Call in number: 1(888) 670-3525
Participation Passcode: 7133577864
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Board Governance Committee Meeting to discuss Board development; Tuesday, October 25, 2016 @ 9:00 a.m.; 720 North Denning Drive, Winter Park, fL
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General business, disciplinary and committee meetings of the board.; Wednesday, November 9th, 2016, 12:00 p.m. noon; Thursday, November 10th, 2016, 8:00 a.m.; Friday, November 11th, 2016, 8:00 a.m.; Embassy Suites Orlando - North, 225 Shorecrest Dr, Altamonte Springs, FL 32701, 407.834.2400
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CE/Exams/Public Awareness committee meeting of the board.; Tuesday, November 8th, 2016, 10:00 am; 1 (888) 670-3525, participant passcode: 2938723619
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Mandatory Pre-Offer Conference to discuss the Invitation to Negotiate No.: DMS 16/17-015 - Information Technology Operation and Maintenance Services.; October 27, 2016, 4:00 p.m.; Division of Retirement, 1317 Winewood, Building 8, Room 313, Tallahassee, FL
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Affordable Housing Local Approaches.; November 3, 2016, 10:00 a.m.; 6850 Belfort Oaks Place, Jacksonville, FL 32216
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To review those cases on which a determination of existence of probable cause has already been made.; UPDATE- THIS MEETING HAS BEEN CANCELLED. November 1, 2016, 3:15 p.m., ET; UPDATE- THIS MEETING HAS BEEN CANCELLED.
Telephone conference number: 1(888)670-3525, participant passcode: 2597709961
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Review Annual Report; October 31, 2016 at 9:00 a.m.; Call in Number: 1(888)670-3525 Participant Passcode: 7133577864
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To discuss and approve the 2017 Area Plan.; October 26, 2016 at 10:00am; By Conference call.