- Notices of Development of Proposed Rules and Negotiated Rulemaking (8)
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To update and clarify existing language and remove unnecessary language within the rule’s text.
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To update and amend reference to the amount of delinquent fees based upon changes in law.
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The Department intends to amend Chapter 65D-30, F.A.C., to modify regulatory language to comport with Chapter 2017-173, Laws of Florida, and other current laws and policies related to standards for the provision of substance abuse services.
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The Department intends to amend Rule 65C-28.011, F.A.C, Criminal, Delinquency and Abuse/Neglect History Checks for Relative and Non-Relative Placements, to add requirements for records checks when a child is to be released to a parent and for approval of informal safety management providers.
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The Commission proposes the development of a rule amendment to delete the reference to Section 216.349, F.S. that is currently in Rule 41-2.010(4)(c), F.A.C. and to update the language regarding selection of community transportation coordinator.
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The Board proposes the development of a rule amendment to update the licensure and examination requirements.
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The rule is updated to comply with statutory changes setting the delinquent license fee to $25.00.
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To establish Achievement Level scale scores for the Florida Standards Alternate Assessment (FSAA)—Performance Task Access Civics and Access United States (U.S.) History End-of-Course (EOC) assessments and Achievement Level scores for the FSAA—Datafolio assessments in order to report student performance levels for these statewide, standardized alternate assessments. Once adopted, these performance standards may be used for placement, promotion, retention, and accountability purposes.
- Petitions and Dispositions Regarding Rule Variance or Waiver (13)
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On September 27, 2017 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 Town Kitchen LLC located in South Miami. 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. 43/189 on September 29, 2017. The Order for this Petition was signed and approved on October 05, 2017. 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 he 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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waiver from Woodland Park Redevelopment I, LLC requesting to waive Rule 67-48.002(95), F.A.C., to waive the 2016 Qualified Allocation Plan’s prohibition from returning its 2016 Housing Credit Allocation prior to the last quarter of 2018.
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waiver from River Oaks Partners, Ltd. requesting to waive Rules 67-48.0072(17)(h) and 67-48.002(5), F.A.C., to waive the requirement requiring a general contract may not subcontract to an “affiliated” entity as defined in the Rules.
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variance or waiver filed by Nancy Taylor Johnson, seeking a variance or waiver of Rule 61H1-28.0052(1)(b), Florida Administrative Code, that requires candidates to pass all four test sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release date for the first test section(s) passed.
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variance from Florida Governmental Utility Authority. The petition requested a temporary variance from Rule 62-610.462(3), F.A.C, which requires staffing by a Class C or higher operator 6 hours per day, 7 days per week. The Petitioner requested a renewal for its Lake Fairways Wastewater Treatment Plant (LFWWTP) to further reduce the staffing requirements at its LFWWTP to 6 hours per day, 5 days per week, and one visit of one-hour duration during the weekend. The property is located at US Hwy 41 and Lake Fairways Blvd., North Fort Myers, Florida 33918. The petition has been assigned OGC No. 17-1016.
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variance or waiver filed by Xing Lu. Petitioner is seeking a variance or waiver of Rule 61H1-27.001(5)(a), Florida Administrative Code, that provides that a graduate of a four-year degree granting institution not accredited at the time the applicant’s degree was received or at the time of filing application will be deemed to be a graduate of a four-year accredited college or university course provided an accredited college or university as defined by subsections 61H1-27.001(1) and (2), F.A.C., accepts applicant’s non-accredited baccalaureate degree for admission to a graduate business degree program; the applicant satisfactorily completes at least 15 semester or 22 quarter hours, or the equivalent, in post-baccalaureate education at the accredited institution of which at least 9 semester or 13 quarter hours, including at least 3 semester or 4 quarter hours in taxation.
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-35.0023, F.A.C., to Angelthon Huyke. Rule 11B-35.0023, F.A.C., permits the transfer of courses from one basic recruit trianing program to another training school for the same training program under specified conditions; the waiver permits Petitioner, who completed high liability courses during a corrections basic recruit training program and was erroneously permitted to transfer the credits to a law enforcement basic recruit training program, to receive credit for the high liability courses he completed. The Petition was filed on April 19, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he would be ineligible to sit for the SOCE until he completes the high liability courses at a law enforcement basic recruit training program. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would permit Petitioner to take the SOCE and then seek employment as a law enforcement officer, a position for which he was adequately trained.
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order denying a waiver of Rule 11B-35.006, F.A.C., to Angelthon Huyke. Rule 11B-35.006, F.A.C., declares that individuals who, within four years of beginning a basic recruit training program, have successfully completed a commission-approved basic recruit training program, are eligible to take the State Officer Certification Examination (“SOCE”); Petitioner desired a waiver to make him eligible to sit for the SOCE despite having not techincally completed the Basic Recruit Training Program because he erroneously received credit for courses completed in another training program. The Petition was filed on April 19, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that fairness did not require a waiver of this rule as petitioner was granted a waiver of another rule that achieved Petitioner’s desired outcome.
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On October 4, 2017, the Department received a request withdrawing the Petition for variance from Tampa Bay Watch, filed September 19, 2017, and advertised on September 26, 2017 in Vol. 43 No. 186, of the Florida Administrative Register. The Petition for variance requested a variance from Rule 211.1(a)(2), ASME A17.1, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1)(a), Florida Administrative Code that requires upgrading the elevators with Car Emergency Signaling devices. The Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety is taking no further action on the petition (VW2017-161).
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.002(4), F.A.C., to Alexandria Ward. Rule 11B-27.002(4), F.A.C., gives individuals four years from the start of a Basic Recurit Training Program to complete specified training and examination requirements and to become employed and certified; the waiver permits Petitioner, who has completed the training and examination requirements and is employed as a correctional officer, to maintain her employment and become certified. The Petition was filed on April 25, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as she would be required to leave employment to complete the training, examination, and hiring process again. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the continued employment of Petitioner as a correctional officer, a position for which she is currently qualified and adequately trained.
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.002(4), F.A.C., to Louis Mallory II. Rule 11B-27.002(4), F.A.C., gives individuals four years from the start of a Basic Recurit Training Program to complete specified training and examination requirements and to become employed and certified; the waiver permits Petitioner, who has completed the training and examination requirements, 90 days from the effective date of the Final Order to become employed and certified. The Petition was filed on April 24, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he would be required to forego an offer of employment to complete the training, examination, and hiring process again. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the imminent employment of Petitioner as a law enforcement officer, a position for which he is currently qualified and adequately trained.
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Regency Palms Condominiums Building 1 at 5111 Royal Palms Way, New Port Richey, FL. Petitioner seeks an emergency variance of the requirements of Rules 2.2.2.5, and 2.27.3.3, A.S.M.E. A17.1b, 2009 edition, as adopted by 61C-5.001(1), Florida Administrative Code that requires a sump pump in the pit and Phase II Emergency In-Car Operation which poses a hardship. Any interested person may file comments within 5 days of the publication of this notice with Michelle Comingore, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013 (VW2017-173).
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On May 31, 2017, the Criminal Justice Standards and Training Commission (CJSTC) issued a Final Order granting a waiver of Rule 11B-27.002(4), F.A.C., to Warren Canman. Rule 11B-27.002(4), F.A.C., gives individuals four years from the start of a Basic Recurit Training Program to complete specified training and examination requirements and to become employed and certified; the waiver permits Petitioner, who has completed the training and examination requirements, 90 days from the effective date of the Final Order to become employed and certified. The Petition was filed on April 24, 2017, and notice of the petition was published on April 26, 2017, in Vol. 43, No. 81, of the Florida Administrative Register. No public comments were received. In rendering its decision, the CJSTC determined that Petitioner would suffer a substantial hardship were the waiver not granted as he would be required to forego an offer of employment to complete the training, examination, and hiring process again. The CJSTC also determined that a waiver in this matter would serve the purpose of the underlying statutes as it would result in the imminent employment of Petitioner as a law enforcement officer, a position for which he is currently qualified and adequately trained.
- Notices of Meetings, Workshops and Public Hearings (21)
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The FAITC Board of Directors will meet for a regularly scheduled board meeting.; November 9, 2017, 10 a.m.; Florida Fertilizer and Agrichemical Association, 605 East Main Street, Bartow, FL 33830
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Regular Commission Meeting. The agenda for this meeting includes agenda items (including proposed rule amendments for which a notice was published on August 10, 2017) that were previously scheduled for public hearing at the Commission's September 8, 2017, meeting, which was canceled due to Hurricane Irma. The September rulemaking items to be considered are proposed amendments to financial-disclosure forms incorporated by reference in Rules 34-8.002, 34-8.008, 34-8.009,34-8.202, 34-8.208, and 34-8.209, F.A.C.; Friday, October 20, 2017, 8:30 a.m.; First District Court of Appeal, 3rd Floor Courtroom
2000 Drayton Drive, Tallahassee, FL
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A draft Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan has been prepared by the Florida Coastal Office. The draft plan is available for viewing or download at http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/loxahatchee-River-Lake-Worth-Creek-AP-Management-Plan.pdf. The Florida Coastal Office seeks public comment on the draft. Members of the Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan Advisory Committee have also been invited to attend, and listen to comments.; Tuesday, November 14, 2017, 6:00 p.m.; Jonathan Dickinson State Park, Elsa Kimbell Environmental Education and Research Center, 16450 S.E. Federal Highway, Hobe Sound, FL 33455
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The Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan Advisory Committee will meet to discuss possible revisions to the draft Loxahatchee River-Lake Worth Creek Aquatic Preserve Management Plan and comments received at the public meeting scheduled for November 14, 2017 and separately noticed. The draft plan is available for viewing or download at http://publicfiles.dep.state.fl.us/CAMA/plans/aquatic/loxahatchee-River-Lake-Worth-Creek-AP-Management-Plan.pdf.; Wednesday, November 15, 2017, 9:00 a.m.; Jonathan Dickinson State Park, Elsa Kimbell Environmental Education and Research Center, 16450 S.E. Federal Highway, Hobe Sound, FL 33455
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The Motorist Modernization Advisory Board is meeting to receive an update on Phase 1 of the Motorist Modernization Program. System functionality and requirements will also be presented to the group for consideration and input.
AGENDA
• Roll Call
• Welcome
• Review and Approval of Last Meeting Minutes
• IV&V Update
• Stakeholder Outreach Update
• Policy and Decisions Review
• MM Phase I Program Update
o Status Update and Financial Review
o Change Request Review
o Program / Project Updates
o Communications Update
• Q&A
• Adjourn
Please join the meeting from your computer, tablet or smartphone
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United States: +1 (646) 749-3129
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; October 24, 2017, 1 to 3 p.m., EST; Neil Kirkman Building, Conference Room B-202
2900 Apalachee Parkway, Tallahassee Florida 32399
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General business of the West Florida Regional Planning Council.; Monday, Oct. 16, 2017, at 3:30 p.m.; Okaloosa County Administration Building, Training Room, 1250 Eglin Pkwy, Shalimar, Fla.
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The Education Advisory Committee to consider items relating to the education requirements to sit for the CPA examination.; November 28, 2017 at 10:30 a.m.; Conference call dial-in number: 1-888-670-3525, conference pass code is 5652080150
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An opportunity for the public to provide input on the ten-year management plan update for Stephen Foster Folk Culture Center State Park.; Tuesday, October 24, 2017, 5:30-7:30 p.m.
Presentation at 6:00 p.m.
MEETING HAS BEEN RESCHEDULED (Previously Scheduled for October 10, 2017); Stephen Foster Folk Culture Center State Park – Park Auditorium, 11016 Lillian Saunders Drive, White Springs, FL 32096
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work program; October 16; online
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Discussion of the proposed unit management plan update for Stephen Foster Folk Culture Center State Park with the advisory group members.; Wednesday, October 25, 2017, 9:00 a.m.
MEETING HAS BEEN RESCHEDULED (Previously Scheduled for October 11, 2017); Stephen Foster Folk Culture Center State Park – Park Auditorium, 11016 Lillian Saunders Drive, White Springs, FL 32096
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Community Rehabilitation Program Contracts and Referrals; October 19, 2017, 2:00 p.m.; Telephone Number: 1-888-670-3525, Participant Passcode: 1242528392#
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General meeting of the Florida Motor Vehicle Repair Advisory Council.; Thursday, October 19, 2017, 1:30 p.m.; Call-in number: 1(888) 670-3525, participant code: 4220265671
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Docket No. 20170183-EI - Application for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate adjustments, by Duke Energy Florida, LLC.
Docket No. 20100437-EI - Examination of the outage and replacement fuel/power costs associated with the CR3 steam generator replacement project, by Progress Energy Florida, Inc.
Docket No. 20150171-EI - Petition for issuance of nuclear asset-recovery financing order, by Duke Energy Florida, Inc. d/b/a Duke Energy.
Docket No. 20170001-EI - Fuel and purchased power cost recovery clause with generating performance incentive factor.
Docket No. 20170002-EG - Energy conservation cost recovery clause.
Docket No. 20170009-EI - Nuclear cost recovery clause.
The purpose of this hearing shall be to consider Duke Energy Florida, LLC’s Petition for Limited Proceeding to Approve 2017 Second Revised and Restated Stipulation and Settlement Agreement, and to take action on any motions or other matters that may be pending at the time of the hearing. The Commission may rule on any such motions from the bench or may take the matters under advisement. This proceeding shall: (1) allow the parties to present evidence and testimony in support of their positions; (2) allow for such other purposes as the Commission may deem appropriate.
PUBLIC TESTIMONY: Any member of the public who wishes to offer testimony should be present at the beginning of the hearing on October 25, 2017. By providing public testimony, a person does not become a party to the proceeding. To become an official party of record, you must file a Petition for Intervention at least five days before the final hearing, pursuant to the requirements contained in Rule 25-22.039, Florida Administrative Code (F.A.C.). All witnesses shall be subject to cross-examination at the conclusion of their testimony. The hearing will be governed by the provisions of Chapter 120, Florida Statutes, Section 403.519, Florida Statutes, and Chapters 25-22 and 28-106, F.A.C.
; Wednesday, October 25, 2017 at 9:30 a.m.; Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
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Issues affecting the growth of aquaculture in the state of Florida.; November 1, 2017, Wednesday at 9:00 a.m.; FL Department of Agriculture and Consumer Services
170 Century Blvd., Bartow, FL 33830
(863) 578-1870
NOTE: This meeting is also accessible through teleconference by dialing: (888) 670-3525, use passcode 4457172323#
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Joint Council Meeting to discuss various issues of regional importance.; Friday, October 20, 2017, 9:30 a.m.; City of West Palm Beach
Flagler Gallery Room
401 Clematis Street
West Palm Beach, Florida 33401
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Probable Cause Panel with Reconsiderations; October 19, 2017 at 9:00 a.m. EST; (888) 670-3525 when prompted, enter conference code 5134896685#
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Medical Marijuana Research & Education Board Meeting; Monday, October 30, 2017; 10:30 a.m. - 2:30 p.m. Eastern; Embassy Suites by Hilton, Bayside Ballroom, 513 S. Florida Avenue, Tampa, FL 33602
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The Florida Department of Transportation (FDOT), District Four will be hosting a Public Hearing for the reconstruction of SR 76 (Kanner Highway) from south of CR 711 (Pratt Whitney Road) to SW Jack James Drive in Martin County. The purpose of this project is to widen and reconstruct Kanner Highway (SR 76) from the existing two lane roadway to a four lane roadway with a median. A roundabout will be constructed at the intersection of Kanner Highway and Pratt Whitney Road. (Financial Project ID Number: 422641-2). The Public Hearing will begin as an open house at 5:30 p.m. followed by a formal presentation at 6:30 p.m.; Wednesday, October 18, 2017, 5:30 p.m.; Robert Morgade Library, Anderson Community Room, 5851 SE Community Drive, Stuart, Florida 34997. In the event that the Public Hearing cannot be held on Wednesday, October 18, 2017 due to severe weather or unforeseen conditions, it will be held on the alternate date of Wednesday, October 25, 2017 at the same time and place.
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ongoing Charlotte County Alliance business.
Please note the date change FROM 10/19/17 TO 10/12/17.; Thursday, October 12, 2017 at 9:00 a.m.; Charlotte Behavioral Health, 1700 Education Ave., Conference Room # 1, Punta Gorda, FL 33950
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ongoing Lee County Alliance business.; Friday, October 27, 2017 @ 8:30 a.m.; Joseph D'Alessandro Building/DCF, 2295 Victoria Ave., room #307, Ft Myers, FL 33901
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This is a meeting of the Governor and Cabinet, at which the Executive Director of the DHSMV will request approval to file a Notice of Proposed Rulemaking regarding Rule 15A-5, F.A.C., Medical Advisory Board Guidelines. In addition, the Executive Director will request approval to file this rule for adoption if no member of the public timely requests a hearing or, if a hearing is requested, no changes need to be made to the rule. Other general business may be addressed.; October 17, 2017, 8:00 a.m; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida