- Petitions and Dispositions Regarding Rule Variance or Waiver (11)
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Department of Health, Board of Medicine
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Department of Health, Board of Medicine
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 7, 2016, by Linda Aurora Lovato. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 116, of the June 15, 2016, Florida Administrative Register. Petitioner sought a variance or waiver of Rule 64B7-25.001 F.A.C. The Board considered the instant Petition at a duly-noticed public meeting held on July 29, 2016, in St. Petersburg, Florida.
The Board’s Order, filed on September 19, 2016, denied the petition finding that the Board cannot approve examinations that do not meet the standards of Section 456.017(1)(c) F.S. The petition seeks a waiver of the statutory requirements regarding licensure examinations and the Board cannot grant variances from or waive provisions of statute.
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On September 26, 2016 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from Commercial Kitchen Fort Myers LLC located in Fort Myers. 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 a nearby establishment under a different ownership for use by customers only.
The Petition for this variance was published in Vol. 42/188 on September 27, 2016. The Order for this Petition was signed and approved on October 04, 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 bathrooms located within Salon Centric (11770-B Metro Parkway Fort Myers, FL 33966), 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 that directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Commercial Kitchen Fort Myers LLC and/or Salon Centric changes, an updated signed agreement for use of the bathroom facilities will be required immediately.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 28, 2016, by Patricia Pape. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 132, of the July 8, 2016, Florida Administrative Register. Petitioner sought a variance or waiver of Rule 64B7-25 F.A.C. and 480.041, F.S. The Board considered the instant Petition at a duly-noticed public meeting held on July 29, 2016, in St. Petersburg, Florida.
The Board’s Order, filed on September 20, 2016, found that the Board does not have the authority to waive or grant a variance from Section 480.041, F.S. and the applicant does not require a variance or waiver to meet the minimum licensure requirements in Florida and therefore denies the petition.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 29, 2016, by Dong Geer. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 132, of the July 8, 2016, Florida Administrative Register. Petitioner sought a variance or waiver of Rule 64B7-32.003(1)(b), F.A.C. regarding the minimum requirements for board approved massage schools The Board considered the instant Petition at a duly-noticed public meeting held on July 29, 2016, in St. Petersburg, Florida.
The Board’s Order, filed on September 20, 2016, found that the applicant does not require a variance or waiver to meet the minimum licensure requirements in Florida and therefore denies the petition.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on January 14, 2016, by Staci Jean McSweeney. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 14, of the January 22, 2016 Florida Administrative Register. Petitioner sought a variance or waiver of the completion of a course of study at a board-approved massage school or completion of an apprenticeship program that meets standards adopted by the Board. The Board considered the instant Petition at a duly-noticed public meeting held on March 17, 2016, by telephone conference call.
The Board’s Order, filed on May 16, 2016, denies the petition stating that the Board found that the petition was not in substantial compliance with the provisions of Section 120.542, F.S., and Chapter 28-104, F.A.C., and the Petitioner has not met the purpose of the underlying statute. Additionally, the Board has no authority to waive the requirements of statutes.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 22, 2016, by Staci J. McSweeney. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 131, of the July 7, 2016, Florida Administrative Register. Petitioner sought a variance or waiver of Rule 64B7-32.002, F.A.C. regarding the requirements for proof of graduation and Rule 64B7-32.003, F.A.C. regarding minimum requirements for board approved massage schools The Board considered the instant Petition at a duly-noticed public meeting held on July 29, 2016, in St. Petersburg, Florida.
The Board’s Order, filed on September 20, 2016, grants the petition and accepts the transcript submitted by Petitioner. The Board found that the petition was in substantial compliance with the provisions of Section 120.542, F.S., and Chapter 28-104, F.A.C., and that application of the rule to Petitioner would impose a substantial hardship.
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variance from Florida Administrative Code Rules 64E-16.002(24), 64E-16.004(2)(d)(3), and 64E-16.004(2)(a), from Teri Donaldson, Petitioner, on behalf of Stericycle, Inc. These rules prescribe a definition of a sharps container; procedure for emptying reusable sharps containers; and standards for packages of biomedical waste. The Petitioner requests a variance from the rules to allow the Petitioner to consolidate the contents of smaller reusable sharps containers into larger reusable sharps containers for transportation to a permitted treatment facility. Comments on this petition should be filed with Shannon Revels, Agency Clerk, Department of Health, Office of General Counsel, 4052 Bald Cypress Way, BIN A02, Tallahassee, Florida 32399-1703, within 14 days of publication of this notice.
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THAT ON September 28, 2016, the Department of Health filed an Order disposing of a petition for variance from the requirements of Rule 64E-16.007(4)(j), of the Florida Administrative Code, which prescribes a procedure for conducting routine efficacy testing. The petition filed by Samuel P. Vitello on behalf of Positive Impact Waste Solutions, LLC, was filed with the Department on September 28, 2016, and noticed in the F.A.R. on June 3, 2015 in Vol. 41, No. 107. 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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On September 30, 2016, the Department received a request withdrawing the Petition for variance from Florida A&M University, filed June 30, 2016, and advertised on July 6, 2016 in Vol.42 No. 130 of the Florida Administrative Register. The Petition for variance requested a variance from ASME A17.1, Sections 2.4.1.5, 2.15.9.2, 2.4.6.2(c), and 2.10.2.1, as adopted by 61C-5.001(1), Florida Administrative Code to request the use of a folding car top rail and retractable toe guard for the existing 4 foot deep pit. The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety is taking no further action on the petition (VW2016-156).
- Notices of Meetings, Workshops and Public Hearings (18)
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General Meeting; Monday, October 17, 2016, 12:00 p.m.
Loxahatchee River Preservation Initiative Meeting; Jupiter Emergency Operations Center
3133 Washington Street, Jupiter FL 33458
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Keystone Heights Water Summit – hosted by the City of Keystone Heights City Council. The purpose of the summit is to bring key stakeholders and top decision makers, both elected and appointed, together to hear a presentation and to discuss ideas and projects aimed to restore lake levels in the Keystone Heights area.
Note: This event may be attended by one or more members of the St. Johns River Water Management Governing Board.
; Tuesday, October 18, 2016, 9:00 am until Noon; Keystone Heights City Hall, 555 S Lawrence Blvd., Keystone Heights, FL 32656.
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Board of Governors' Committees on Innovation and Online, Budget and Finance, and Facilities will hold workshops on matters related to committee business.; October 17, 2016, 2:00 p.m. and October 18, 2016, 8:30 a.m.; University of South Florida, Marshall Student Union Ballroom, 4103 USF Cedar Circle, Tampa, FL 33620
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Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; October 12, 2016, 9:30 a.m.; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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The EXECUTIVE COMMITTEE and AFFORDABLE HOUSING COMMITTEE CALL: This conference call will address the committees’ continued development of policy recommendations and work tasks to address the Council’s Annual Report on recommendations regarding affordable housing to end homelessness in Florida.; October 12, 2016, 10:00 a.m.; Dial Toll free: 1-888-670-3525 / Enter participant code: 701-539-8451#
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Financial Management No. 436394-1
Project Description: State Road (SR) 526 (Robinson Street) Corridor Planning Study from N. Hughey Avenue to Maguire Boulevard
within the City of Orlando
The Corridor Planning Study is being conducted in coordination with the City of Orlando to objectively evaluate possible improvements to the State Road (SR) 526 (Robinson Street) corridor. As Downtown Orlando continues to mature, Robinson Street is being asked to play many different roles. FDOT, along with the City of Orlando, is exploring strategies that can make it safer and more comfortable to travel along and across Robinson Street. Both potential short-term and long-term strategies will be considered as part of the Study.
The study team presented the results of the existing conditions analysis and the study’s purpose and need at a November 2015 public meeting. Since then, the team has identified two sets of corridor-wide alternatives. This meeting is being conducted to present, discuss, and gather public input on the potential corridor improvement alternatives being considered. The meeting will be conducted as an open house and participants can attend any time between 5:30 p.m. and 8:00 p.m.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Persons wishing to express their concerns relative to FDOT compliance with Title VI may do so by contacting Jennifer Smith, FDOT District Five Title VI Coordinator by phone at (386) 943-5367, or via email at Jennifer.Smith2@dot.state.fl.us.; Monday, October 17, 2016 from 5:30 PM to 8:00 PM
The meeting will be an open house with a prerecorded video presentation shown throughout the evening.; First Unitarian Church, Gore Hall, 1901 East Robinson Street, Orlando, 32803
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General Business; Thursday, October 13, 2016, 12:00 p.m.; R.A. Gray Building, 1st Floor, 500 S. Bronough St., Tallahassee
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Special Meeting of the Authority; Monday, October 17th at 4:00pm; Technology Business Incubator
3651 FAU Blvd., Suite 400
Boca Raton, FL 33431
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General business of the board in pertaining to Antitrust and Go Travel training. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information. The hotel public block deadline is Friday, September 16, 2016.; (UPDATE/CANCELLATION) Wednesday, October 5, 2016, beginning at 6:30 PM. This meeting has been cancelled as of Tuesday, October 4, 2016, due to Hurricane Matthew.; Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, Florida 33401. The hotel phone # (561) 231-6000.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information. The hotel public block deadline is Friday, September 16, 2016.; (UPDATE/CANCELLATION) Thursday, October 6, 2016, beginning at 8:00 AM. This meeting has been cancelled as of Tuesday, October 4, 2016, due to Hurricane Matthew.; Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, Florida 33401. The hotel phone # (561) 231-6000.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information. The hotel public block deadline is Friday, September 16, 2016.; (UPDATE/CANCELLATION) Thursday, October 6, 2016, beginning at 1:00 PM. This meeting has been cancelled as of Tuesday, October 4, 2016, due to Hurricane Matthew.; Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, Florida 33401. The hotel phone # (561) 231-6000.
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General business of the committee. The Board of Medicine announces that certain Committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information. The hotel public block deadline is Friday, September 16, 2016.; (UPDATE/CANCELLATION) Thursday, October 6, 2016, immediately following the Council on Physician Assistants Meeting. This meeting has been cancelled as of Tuesday, October 4, 2016, due to Hurricane Matthew.; Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, Florida 33401. The hotel phone # (561) 231-6000.
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General business of the board. The Board of Medicine announces that certain committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information. The hotel public block deadline is Friday, September 16, 2016.; (UPDATE/CANCELLATION) Friday, October 7, 2016, beginning at 8:00 AM. This meeting has been cancelled as of Tuesday, October 4, 2016, due to Hurricane Matthew.; Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, Florida 33401. The hotel phone # (561) 231-6000.
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General business of the board. The Board of Medicine announces that certain committee meetings will be held on the Thursday, before each Full Board meeting. Committee meetings may be cancelled prior to the meeting date. Please check the Board Web Site at www.FLBoardofMedicine.gov for cancellations or changes to meeting dates or call the Board of Medicine at (850) 245-4131 for information. The hotel public block deadline is Friday, September 16, 2016.; (UPDATE/CANCELLATION) Thursday, October 6, 2016, immediately following the Rules/Legislative Committee Meeting. This meeting has been cancelled as of Tuesday, October 4, 2016, due to Hurricane Matthew.; Hilton West Palm Beach, 600 Okeechobee Boulevard, West Palm Beach, Florida 33401. The hotel phone # (561) 231-6000.
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The Governor has issued an Executive Order declaring a state of emergency in every county of Florida due to the severity and magnitude of Hurricane Matthew. Accordingly, THIS MEETING HAS BEEN CANCELLED.; October 6, 2016 10:00 AM; DoubleTree by Hilton Tampa Airport Westshore
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, October 21, 2016, 2:30 p.m.; Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
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Applications for license; disciplinary actions; applications for approval of change in ownership or control of existing licenses; reports by staff; approval of minutes of prior meetings.
Any changes to the above meeting schedule will be published under the heading “Announcements,” on the Division’s webpage at the following web address: www.myfloridacfo.com/Division/FuneralCemetery/.; October 13, 2016 at 10:00 AM; The public may participate in the meeting by calling 850-413-1558, conference code 577150 or by attendance at the Pepper Building, Suite 320, 111 W Madison, Tallahassee FL, where Board staff will have a speaker phone connected to the teleconference by which the public can hear and address the Board.
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, October 28, 2016, 2:30 p.m.; Meet-Me #: 1 (888) 670-3525, Participation Code: 125-528-7056
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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Simei DaSilva, DC# L61630.; As an inmate of the Florida Department of Corrections, Simei DaSilva, DC# L61630, may only participate in administrative proceedings that are brought pursuant to sections 120.54(3)(c) and (7), Florida Statutes. Pursuant to section 120.81(3), Florida Statutes, the Petitioner lacks standing to bring a Petition for Declaratory Statement, and the Department lacks jurisdiction to issue a declaratory statement in this case.
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Antrelise Gantt on September 22, 2016
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Steven Jushchyshyn, In Re: G.B.S. Condominium Association, Inc., Docket No. 2016040030,; The Division declined to issue a Declaratory Statement because it may not issue a statement on an issue that is not within its statutory authority; and may not use a statement as a vehicle for the adoption of broad agency policy or to provide statutory interpretations that apply to an entire class of persons. The order was filed with the Agency Clerk on October 3, 2016.