- Notices of Development of Proposed Rules and Negotiated Rulemaking (11)
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The Board proposes the development of rule amendments to address the cost of reproduction of medical records which are stored in an electronic format.
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The proposed rule amendments are necessary to implement the statutory mandate set forth in Section 458.309(3), F.S., with regard to liposuction limits.
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The purpose of the rule is to implement the provisions found in s. 409.967(3)(c), F.S., regarding the achieved saving rebates. Statutory mandate requires any audit required under s.409.967(3), F.S., to be conducted by an independent certified public accountant who meets criteria specified by rule. The rule must also provide that:
1. The entity selected by the agency to conduct the audit may not have a conflict of interest that might affect its ability to perform its responsibilities with respect to an examination.
2. The rates charged to the prepaid plan being audited are consistent with rates charged by other certified public accountants and are comparable with the rates charged for comparable examinations.
3. Each prepaid plan audited shall pay to the agency the expenses of the audit at the rates established by the agency by rule. Such expenses include actual travel expenses, reasonable living expense allowances, compensation of the certified public accountant, and necessary attendant administrative costs of the agency directly related to the examination. Travel expense and living expense allowances are limited to those expenses incurred on account of the audit and must be paid by the examined prepaid plan together with compensation upon presentation by the agency to the prepaid plan of a detailed account of the charges and expenses after a detailed statement has been filed by the auditor and approved by the agency.
4. All moneys collected from prepaid plans for such audits shall be deposited into the Grants and Donations Trust Fund, and the agency may make deposits into such fund from moneys appropriated for the operation of the agency.
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To require public food service establishments serving raw oysters to display specific notice regarding risk of illness.
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The Board proposes the rule amendment to update form DH-MQA 1190, “Re-examination Application” and incorporate the form by reference into the rule.
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The Board proposes the rule amendment to update form DH-MQA 1180, “Apprentice Optician Application” and incorporate the form by reference into the rule.
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The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify the common requirements to all engineers providing threshold building inspection services as special inspectors.
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The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify procedures for the qualification program for special inspectors of threshold buildings.
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The Board proposes the rule amendment to delete reference to the continuing education requirements to reactivate a license that has been inactive for more than one year.
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The Board proposes the rule amendment to delete unnecessary language and to add new language to modify the educational requirements for applicants without EAC/ABET accredited engineering degrees.
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The amendments to this rule are being made to clarify language and update the legal authorities cited.
- Petitions and Dispositions Regarding Rule Variance or Waiver (7)
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On October 26, 2012 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from SunTrust Financial Centre, filed October 8, 2012, and advertised on October 11, 2012 in Vol. 38, No. 48, of the Florida Administrative Register (formerly FAW). No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 106.1(e)(1), ASME A17.1b, 1989 edition, as adopted by chapter 30, Section 3001.2 Florida Building Code adopted by Rule 61C-5.001(1) Florida Administrative Code that requires upgrading the elevators illumination of pits operations until October 8, 2013 because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2012-327).
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On October 26, 2012 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Oceanside 99, filed October 4, 2012, and advertised on October 9, 2012 in Vol. 38, No. 46, of the Florida Administrative Register (formerly FAW). 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 ASME A17.3, 1996 edition, as adopted by Rule 61C-5.001(1) Florida Administrative Code that requires upgrading the elevators for firefighters’ emergency operations until July 1, 2015 because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2012-326)
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On October 26, 2012 the Division issued an order. The Final Order was in response to a Petition for a Variance from Madison Street Mixed-Use Redevelopment Project, filed September 26, 2012, and advertised on October 4, 2012 in Vol. 38, No. 43, of the Florida Administrative Register (formerly FAW). 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, and 2.24.2.1 ASME A17.1b, 2009 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by Rule 61C-5.001(1) Florida Administrative Code that requires upgrading the elevators from the use of 9.5 mm steel rope and requirement of a metallic sheave because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2012-316)
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On October 26, 2012 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Hilton at Rialto, filed October 3, 2012, and advertised on October 8, 2012 in Vol. 38, No. 45, of the Florida Administrative Register (formerly FAW). 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, and 3.10.4(t) ASME A17.3, 1996 edition, as adopted by Rule 61C-5.001(1) Florida Administrative Code that requires upgrading the elevators for firefighters’ emergency operations, and in-car stop switch until December 31, 2014 because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2012-325)
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On October 26, 2012 the Division issued an order. The Final Order was in response to a Petition for a Variance from Northbridge Centre, filed October 1, 2012, and advertised on October 4, 2012 in Vol. 38, No. 43, 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 ASME A17.3, 1996 edition, as adopted by Rule 61C-5.001(1) Florida Administrative Code that requires upgrading the elevators for firefighters’ emergency operations until June 1, 2014 because the Petitioner has demonstrated that the purpose of the statute underlying the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2012-319)
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that, on October 25, 2012, the Florida Department of Transportation issued an Order Granting Petition for Variance in response to the Petition for Variance filed by Keith & Associates, seeking a variance from the provisions of Rule 14-75.003(5)(m)(2), F.A.C. The Petitioner specifically requests a variance from the five-year post-registration experience qualification requirement for landscape architecture. The Petition was received by the Department on October 9, 2012. The Department published its notice of receipt of the Petition in the October 18, 2012, edition of the Florida Administrative Register. The Department granted the Petition because Keith & Associates’ Director of Landscape Architecture’s record of education, pre-registration experience, and accomplishments meets or exceeds the Department’s required level of expertise for design of roadway landscape projects.
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waiver or variance filed by Wilfred Joseph Laroche, from Rule 64B12-16.003(4), F.A.C., with regard to an apprentice completing 6,240 hours of training within a five year limit after first registering with the Department .
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
- Notices of Meetings, Workshops and Public Hearings (11)
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Budget and other related issues; Tuesday, November 13, 2012 at 3:00 p.m. ET
; Berlin Room, Renaissance Hotel, Orlando, FL
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Regular Meeting; Tuesday, November 6, 2012, 2:00 p.m.; AO, Room 405
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In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and the Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill, the Federal and State natural resource trustee agencies (Trustees) have prepared a Draft Phase II Early Restoration Plan and Environmental Review (DERP/ER) describing and proposing two additional early restoration projects intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico. The Florida and Federal Trustees will host a public meeting to discuss and take public comments on the DERP/ER. A copy of the DERP/ER may be accessed via http://www.dep.state.fl.us/deepwaterhorizon/.; November 13, 2012, 6:00 p.m. (Central time); Escambia County Central Complex Building, Room 104, 3363 West Park Place, Pensacola, FL 32505
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This summit will be convened to discuss the state’s energy policies, usage, scenario building and to develop a strategy and implementation method to make the state more energy resilient. We are seeking involvement by all interested parties to attend this summit.; Nov 15, 2012 from 10AM to 2PM CST; Gulf State Community College, the Student Union East Building, room 243, 5230 West Hwy 98, Panama City, Florida 32401
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The Core Consortium and Consortium of the HUD Sustainable Communities Planning Grant.; Friday, November 9, 2012: Core Consortium from 9:00 a.m. to 9:45 a.m.; Consortium Meeting from 10:00 a.m. to 12:00 p.m.
; East Central Florida Regional Planning Council, 309 Cranes Roost Blvd., Suite 2000, Altamonte Springs, FL 32701
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public hearing; Thursday, November 29, 2012, immediately following the Board’s Probation Committee meeting which is currently scheduled for 2:00 pm.; Peabody Hotel, 9801 International Drive, Orlando, Florida 32819
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public hearing; Thursday, November 29, 2012, immediately following the Board’s Probation Committee meeting which is currently scheduled for 2:00 pm.; Peabody Hotel, 9801 International Drive, Orlando, Florida 32819.
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Consideration of a Petition for Declaratory Statement.; November 15, 2012 beginning at 08:30 a.m. E.S.T. or soon thereafter.; Conference Call: 1 (888) 670-3525. After dialing the meet me number, when prompted, insert the participant code 6808029433 followed by the # sign in order to join the meeting.
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General meeting of the Off-Highway Vehicle Recreation Advisory Committee.; Wednesday, November 7, 2012, 1:00 pm; Doyle Conner Building, Doyle Conner Building, Eyster Auditorium, 3125 Conner Boulevard, Tallahassee, FL 32399-1650
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The Policy Committee will be presented with an overview of Florida's Office of Early Learning's programs and relationships with the Legislative branch, other stakeholders and the 2013 Legislative Session. Updates will be provided on current initiatives.; November 13, 2012, 9:00 a.m.; 250 Marriott Drive, Tallahassee, FL 32399
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In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and the Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill, the Federal and State natural resource trustee agencies (Trustees) have prepared a Draft Phase II Early Restoration Plan and Environmental Review (DERP/ER) describing and proposing two additional early restoration projects intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico. The Florida and Federal Trustees will host a public meeting to discuss and take public comments on the DERP/ER. A copy of the DERP/ER may be accessed via http://www.dep.state.fl.us/deepwaterhorizon/ .; November 13, 2012, 6:00 p.m. (Central time); Escambia County Central Complex Building, Room 104, 3363 West Park Place, Pensacola, FL 32505
- Notices of Petitions and Dispositions Regarding Declaratory Stat (2)
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Pete Quintella, City of Miami Beach Building Department; The Notice of Petition for Declaratory Statement was published in Volume 38, No. 31, of the August 3, 2012, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on September 14, 2012. Petitioner requested the Board to interpret Section 489.105(3)(g), Florida Statutes, and whether it is in the scope of a Class B air conditioning contractor to replace a 2 ton water cooled heat pump unit, which has been piped directly to the riser of a 500 ton water cooling tower; to replace a 2 ton water cooled heat pump unit , with shut off valves connected to the riser of a 500 ton water cooling tower; and to replace a broken shut-off valve feeding a water cooled 2 ton unit which is connected to the riser of a 500 ton water cooling tower.
The Board’s Order, filed on October 19, 2012, issues a declaratory statement that it is outside the scope of a class B air conditioning contractor to replace a 2 ton water cooled heat pump unit, which has been piped directly to the riser of a 500 ton water cooling tower. Replacement of a 2 ton water cooled heat pump unit, with shut-off valves connected to the riser of a 500 ton water cooling tower is within the contractor’s scope. It is outside the contractor’s scope to replace a broken shut-off valve feeding a water cooled 2 ton unit which is connected to the riser of a 500 ton water cooling tower.
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Hoar Construction, LLC; The Notice of Petition for Declaratory Statement was published in Volume 38, No. 36, of the September 7, 2012, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on September 14, 2012. Petitioner requested the Board to interpret Rule 61G4-15.0022, Florida Administrative Code, and whether joint ventures that contains at least one qualified contractor must first obtain bid authority under Rule 61G4-15.0022, Florida Administrative Code, before it can present to an owner a response to an RFQ that contains no construction cost or compensation information. The Board’s Order, filed on October 19, 2012, issues a declaratory statement that a joint venture that contains at least one qualified contractor must first obtain bid authority under Rule 61G4-15.0022, Florida Administrative Code, before it can present to an owner a response to an RFQ that contains no construction cost or compensation information.