- Petitions and Dispositions Regarding Rule Variance or Waiver (13)
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That on October 25, 2016 the Department of Environmental Protection issued a Final Order granting a petition for variance to Reeves Southeastern Site Trust (OGC File No. 16-0406). The petition seeking a variance from the prohibition from a zone of discharge (ZOD) under rule 62-520.310(9), F.A.C., for the use of Tetragard to clean up the metals at the Reeves Southeastern Superfund Site was received on July 13, 2016. Specifically, the variance requested a ZOD for selenium within a 300-foot radius from the points of injection for a duration of 365 days. Notice of receipt of the petition was published in the Florida Administrative Register on July 25, 2016. No comment was received. The final order granted a variance from the ZOD prohibition because the petitioner demonstrated a substantial hardship, and that the purposes of the underlying statutes would be met with the conditions imposed by the Department. The conditions require that the use of this product must be through a Department-approved remedial action plan or other Department-enforceable document, and that such approval shall not be solely by a delegated program; that the discharge must be through a Class V, Group 4 underground injection control well which meets all applicable requirements of Chapter 62-528, F.A.C.; that the extent of the ZOD for selenium shall be a 300-foot radius from the points of injection; that the duration of the ZOD shall be one year from the last injection and that injection of Tetragard must cease two years for the date of the final order unless an extension is granted by the Department; that the injection of Tetragard shall be at such a rate and volume (Tetragard concentration no greater than 2 percent) that no migration occurs of the product, its by-products, or the contaminants already present in the aquifer; and that the Department-approved remedial action plan shall address appropriate ground water monitoring requirements associated with the use of Tetragard based on site-specific hydrogeology and conditions.
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a variance or waiver.
Petitioner’s Name: Rick DuCharme, First Coast No More Homeless Pets, Inc.
Rule No.: 5C-3.009 Dogs and Cats
Nature of the rule for which variance or waiver is sought: Official Certificate of Veterinary Inspection requirements for dogs and cats imported into Florida.
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On October 24, 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 The Sandwich King 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 a nearby establishment under a different ownership for use by customers only.
The Petition for this variance was published in Vol. 42/208 on October 25, 2016. The Order for this Petition was signed and approved on October 31, 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 Beauty Trek(6787 SW 56th St. Miami, FL 33155), 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 The Sandwich King 6791 Inc. and/or Beauty Trek (Tien Bui) changes, an updated signed agreement for use of the bathroom facilities will be required immediately
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petition for waiver of rule, from the Town of Jennings, Florida. It has been assigned case number 16-114.
The petition seeks a waiver from Florida Administrative Code 73C-23.0041(5)(c)2.a., Citizen Participation Requirements for Public Hearing Involving Grant Application for Florida Small Cities Community Development Block Grant Program as it applies to petitioner’s second public hearing notice.
The petitioner requests a waiver of the rule’s requirements for the contents of the second public hearing notice.
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waiver of Rule 61A-3.054, F.A.C., titled Party-Type Supplies, implements sections 565.04 and 565.045, Florida Statutes. The Petitioner is seeking to waive the requirement that these statutes place limitations on the items available to be sold by certain licensees. Petitioner requests a waiver of Rule 61A-3.054, F.A.C., in order to sell sunscreen, lip balm, sunglasses, balloons and gift cards in its package store locations. Petitioner also appears to seek a temporary variance to sell mosquito repellant.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 6, 2016, by Misha Payant. 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 64B7-32.003, F.A.C. regarding the requirement that an official transcript be sent by the massage school directly to the board office. 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 13, 2016, denied the Petitioner's request because the Petitioner has not met the purpose of the underlying statute.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on June 29, 2016, by Arlene Rimolo. 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, F.A.C. regarding being required to provide an official school transcript. 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 13, 2016, found that the application of the rule would impose a substantial hardship on Petitioner. Therefore, the board approves the petition for waiver or variance of Rule 64B7-32.002, F.A.C. and accepts the transcript submitted.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on May 25, 2016, by Elida Gonnella. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 105, of the May 31, 2016 Florida Administrative Register. Petitioner sought a variance or waiver of Rule 64B7-32.003 regarding the requirements for proof of graduation. 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, grants the petition for wavier or variance of Rule 64B7-32.002, F.A.C.. 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. The Board also found that application of the rule requirements would present a substantial hardship for the Petitioner.
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of the issuance of an Order regarding the Petition for Variance or Waiver, filed on July 18, 2016, by Jessica Kumar. The Notice of Petition for Waiver or Variance was published in Vol. 42, No. 142, of the July 22, 2016 Florida Administrative Register. Petitioner sought a variance or waiver of Rule 64B7-32.003 regarding the requirements for proof of graduation. The Board considered the instant Petition at a duly-noticed public meeting held on September 14, 2016, by telephone conference call.
The Board’s Order, filed on September 16, 2016, denies the petition for wavier or variance of Rule 64B7-32.002, F.A.C.. The Board found that the Petitioner does not need a waiver or variance to be eligible for licensure.
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variance or waiver filed by Matt Erickson, D.C. The petitioner is seeking a waiver or variance of Rule 64B2-13.004(1) and (2), Florida Administrative Code, which requires that for the purpose of renewing a license, an applicant must demonstrate to the Board that he or she participated in at least forty (40) classroom hours of continuing chiropractic education during the past two years. Only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable.
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variance or waiver filed by Yeny Baez. Petitioner is seeking a variance or waiver of Rule 64B3-5.003(3)(a), Option 1, Florida Administrative Code, which sets forth the education, training/experience and certification requirements for licensure as a technologist.
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variance or waiver filed by Robert M. Manestar. The Petitioner is seeking a waiver or variance of Rule 64B2-11.013(4), Florida Administrative Code, which requires that the passage of the acupuncture certification examination shall not grant any applicant the right to practice chiropractic or acupuncture without passing the chiropractic licensure examination and obtaining a license as a chiropractic physician. Petitioner is also seeking a waiver or variance of Rule 64B2-17.003(5), Florida Adminsitrative Code, which requires that prior to any chiropractic physician engaging in the practice of acupuncture, said physician shall be required to present certification to the Board of examination by an approved college or institution of said physician, after completion of said approved minimum course of study.
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waiver from Royal Palm Place Ltd. requesting an extension of the SAIL loan closing date from December 21, 2016 to August 31, 2017.
- Notices of Meetings, Workshops and Public Hearings (15)
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The regular monthly meeting of the Southwest Florida Regional Planning Council; November 17, 2016, 9:00 a.m.; Southwest Florida Regional Planning Council 1400 Colonial Boulevard Suite 1 Fort Myers
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This Federal Funding Work Group (FFWG) meeting will provide a brief overview for the grant cycle, discuss concept paper requirements and subsequent planning meetings, and the timeline for submission and selection of proposals. FFWG members will also be given an opportunity to begin discussions for any proposals that involve multi-agency coordination or those that may interact with the state repository and CJIS systems.; November 9, 2016 at 11:00 a.m.; Conference Call - Contact PetrinaHerring@fdle.state.fl.us for the conference call number.
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The Florida Department of Transportation (FDOT) will be spending nearly $3 billion over the next five years to improve transportation infrastructure in Miami-Dade and Monroe Counties. The Work Program Public Hearing will be held in order to present the District Six Five-Year Transportation Plan and allow the public to ask questions or make comments about the plan in general, as well as specific projects included in the plan.
A simultaneous webcast of the public hearing will be held online, and the live question and answer portion of the public hearings will begin at 6:45 p.m. for both live attendees and online participants. Online participants can view the hearing from anywhere via the Internet, during the dates and times listed above, by logging onto www.fdotmiamidade.com/work-program or registering on the hearing’s GoToWebinar page. Audience members will be able to make public comments and ask questions. Online viewers can submit questions or comments via email at wpcomments@dot.state.fl.us and will be responded to the next day.
; November 9, 2016 from 6:00 p.m. to 8:00 p.m.; FDOT District Six Auditorium, 1000 NW 111 Avenue, Miami, FL 33172
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The Florida Department of Transportation (FDOT) will be spending nearly $3 billion over the next five years to improve transportation infrastructure in Miami-Dade and Monroe Counties. The Work Program Public Hearing will be held in order to present the District Six Five-Year Transportation Plan and allow the public to ask questions or make comments about the plan in general, as well as specific projects included in the plan.
The Public Hearing will also be streamed online and on Monroe County TV Channel 76 at the same time and date listed above. Audience members will be able to make public comments and ask questions. Online viewers can submit questions or comments via email at wpcomments@dot.state.fl.us and will be responded to the next day.
; November 15, 2016 from 6:00 p.m. to 8:00 p.m.; Marathon Government Center - Marathon BOCC, 2798 Overseas Highway (Mile Marker 50), Marathon, FL 33050
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Joint Committee Meeting, per 381.925, FS
The Legislature established the Cancer Center of Excellence Award to recognize hospitals, treatment centers, and other providers in Florida that demonstrate excellence in patient-centered coordinated care for persons undergoing cancer treatment and therapy in this state. The goal of this program is to encourage excellence in cancer care in Florida, attract and retain the best cancer care providers, and help Florida providers be recognized nationally as a preferred destination for quality cancer care. The Cancer Center of Excellence Award recognizes providers that exceed service standards and excel in providing quality, comprehensive, and patient-centered coordinated care.
The Florida Cancer Control and Research Advisory Council, established in s. 1004.435, and the Biomedical Research Advisory Council, established in s. 215.5602, formed a joint committee to develop rigorous performance measures, a rating system, and a rating standard that must be achieved to document and distinguish a cancer center that excels in providing quality, comprehensive, and patient-centered coordinated care. Every three years, the Joint Committee convenes to review and revise, if applicable, the performance measures, rating system, and rating standard to ensure providers are continually enhancing their programs to reflect best practices and advances in cancer treatment and care from the perspective of quality, comprehensive, and patient-centered coordinated care. Both councils approve the final recommendations prior to implementation.
; November 18, 2016, 9:00 a.m.-11:00 a.m.; Conference call line: 1-888-670-3525
Participant code: 5311418626 followed by #
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An orientation to the State Advisory Committee for new members.; November 30, 2016, beginning at 2:00 p.m.; 888-670-3525, passcode 8006155226
ADOBE URL: http://fcim.adobe.com/sacese/
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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.; November 9, 2016, 9:30 a.m.; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151.
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The following cases are open to the public:
Astech Engineering Services Incorporated 2015-017620 Earl Henry
Billy A. Bloom 2016-029652
Billy Designs, Inc. 2016-029657
Bluewater Construction 2015-047104
Clyde Alstrom 2015-047105
Campbell Architecture 2016-026474
Clive Daniel Home 2015-049931
Nancy Woodhouse 2015-049956
Design Drafting of Naples 2016-032976
Michael Johnathan
Design Pop 2015-053061
Diane Vega, LLC 2015-053065
Dowman Design 2015-054473
Douglas L. Hogan 2016-002392
A Better Plan, Inc. 2016-002397
Janine Hoskins 2015-053204
Zero Latitude, Inc. 2015-053224
Joan Jaffe 2016-017491
Treasure Coast Drafting 2016-017524
Mark Lark 2016-010528
Brian C. Letendre 2016-019243
William J. McCarthy 2015-035777
W.J. McCarthy Engineering, LLC
Daniel A. Menard 2015-055948
LaBerge & Menard, Inc. 2015-055961
Palm Coast Development of Vero Beach, Inc. 2015-051977
Louis Peros 2016-039961
RLP&D Associates 2016-000196
Raysa Z. Llerena
Aldo Roura 2016-000192
Larry D. Stephens 2016-004058
Stephens Design& Drafting 2016-004105
Michael Diego Stewart 2016-032985
Suncoast Engineering Construction, LLC 2016-010278
William Weber 2016-010315
Paula Weber 2016-010305
Vera Teles 2016-023294
Triton Builders, Inc. 2015-053236
Chris C. Viets 2015-052227
CADD Services
Weldon Design, Inc. 2016-002506
Paul Anthony Weldon 2016-002509
Nina Williams 2015-054407
That Can Be Arranged 2015-054410
Nanette Wright 2016-030699
Wright Interior Group
; November 18, 2016 at 9:00 a.m.; Hampton Inn & Suites, Downtown St. Petersburg, 80 Beach Drive NE, St. Petersburg, Florida 33701
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To obtain public comments on the draft injection well permit for Florida Power & Light Company (FPL), who applied on August 12, 2016 for a permit to construct and test an injection well system (File No. 0330373-002-003-UC/1I, WACS 102139). The project is located at the FPL Okeechobee County Site, 3193 Northeast 366th Trail, Okeechobee, Florida 34972 in the county of Okeechobee. The facility will construct one (1) non-hazardous Class I injection well (IW-2) and operationally test two (2), non-hazardous Class I injection wells (IW-1 and IW-2). Well IW-1 and dual zone monitor well DZMW-1 were constructed under a previous exploratory well permit, and will be operationally tested under this construction permit. Well IW-2 will be constructed and similarly tested. The injected water will initially be composed of non-hazardous construction-related wastewater generated during construction of the power plant and then non-hazardous wastewater from the power generation process primarily consisting of cooling tower and heat recovery steam generator blowdown water. The maximum permitted capacity of each well is 18.65 million gallons per day (MGD), although the average injection rate is estimated to be 2.88 MGD for the entire facility. The open hole injection interval will be completed into the lower Floridan aquifer from approximately 2245 to 3200 feet below land surface (bls).
During the public comment period provided in Rule 62-528.315, F.A.C., any interested person may submit written comments on the draft permit. All comments shall be considered in making the final decision and shall be answered as provided in Rule 62-528.330, F.A.C. More information or a copy of the draft permit, fact sheet, and application may be obtained by contacting: Neil I. Campbell, Engineering Specialist, DEP, 2600 Blair Stone Road, MS 3530, Tallahassee, Florida 32299-2400, phone: 850.245.8612. The above address is the office processing the permit.; November 28, 2016, 2:00 p.m.; Indian River State College, 2229 N.W. 9th Avenue, Okeechobee, Florida
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Regular quarterly meeting of the Local Emergency Planning Committee (LEPC) and/or its subcommittees, to discuss the provision of the Emergency Planning Community Right-to-Know Program. Items pertaining to the State Emergency Response Commission (SERC) may also be discussed.; November 17, 2016, 9:30 a.m.; Okeechobee County Emergency Operations Center
Room 143
707 NW 6th Street
Okeechobee, FL 34972
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Ongoing meetings to discuss and establish a plan of action for accomplishing the EMS State Plan's Goals and Objectives assigned to the EMSAC Data Committee.
; November 9th, 2016, 8:30 a.m. - 9:30 a.m. ET.
; https://global.gotomeeting.com/join/651052253
You can also dial in using your phone.
United States: +1 (571) 317-3116
United States (toll-free): 1 877 309 2070
Access Code: 651-052-253
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Regular quarterly meeting and/or Public Hearing of the Transportation Disadvantaged (TD) Local Coordinating Board (LCB).; November 16, 2016, 1:30 p.m.; Highlands County Bert J. Harris, Jr. Agri-Civic Center
4509 George Boulevard
Sebring, FL 33875
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Safe Kids Worldwide updates, Safe Kids local coalition updates, update on the Florida Injury and Violence Prevention Advisory Council (FIVPAC), and updates on the Florida Teen Safe Driving Coalition and Child Passenger Safety and Teen Driving Safety CoIINs.; Tuesday, November 8, 2016 from 11:00 a.m.–12 Noon; Call-in number: 888-670-3525; Access Code: 608-245-4114
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Call to order
Introduction and confirmation of FEC SAAB representatives
Introduction of others in attendance
APPROVAL OF MINUTES – June 9, 2016 Meeting
OLD BUSINESS
FWC update on exotic vegetation outreach to upstream FEC neighbors
Cypress New Museum Update (Friedman)
ROUTINE REPORTS – Andrew West
Cowbone Marsh
Enforcement Actions in the Wildlife Management Area
Visitor Count, 2016-to-date
Prescribed burns
Exotic vegetation treatment
Signage Changes
Harvest Information
Wildlife Surveys
NEW BUSINESS
Date and location for next business meeting
PUBLIC INPUT/ANNOUNCEMENTS/ADJOURNMENT
; December 1, 2016, 2:00 p.m.- 4:00 p.m.; Lykes Bros. Inc. Ranch Division, (106 SW County Road 721, Okeechobee, FL 34974)
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To discuss matters relating to the Florida E911 Board.; November 16, 2016
November 17, 2016; Both meetings will take place at the Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, FL
November 16th 2016 meeting will be in room 180
November 17th 2016 meeting will be in room 152
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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Chris L Harriman on October 11, 2016.; Petitioner asks for the Department's interpretation as to whether current members of a Veterans of Foreign Wars (“VFW”) post or lodge can be legally served in all affiliated posts or lodges in the State of Florida, and if this is act complies with Section 565.02(4), Florida Statutes, as well as the regulations provided in Rule 61A-3.019, Florida Administrative Code, regarding club licenses.
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Eduardo Wolmers,; Notice of the Petition for Declaratory Statement was published on August 25, 2016, in the Florida Administrative Register in Vol. 42, No. 166. The petition seeks a declaration from the Department regarding a company he intends to register with the Department of State, Division of Corporations. Petitioner asks 11 broad questions concerning the potential services provided by said company, and whether any prospective contractors and sub-contractors he solicits business from, or “broker agent” services to, would be subjected to licensure under chapter 493. The Department declined to respond to the petition because it failed to meet the requirements for a declaratory statement: Petitioner does not state, with particularity, the set of circumstances about which he is asking in relation to the applicability of a statutory provision, rule, or order of the agency he believes may apply to him. Further, the agency cannot provide a response to such questions that seek to determine the conduct of others.
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Angela Lind; The Notice of Petition for Declaratory Statement was published in Volume 42, No. 132, of the July 8, 2016, Florida Administrative Register. The petition seeks a declaratory statement from the Board as to whether it violates Section 456.054 and 817.505(1)(a), (b), F.S. to act as an independent contractor and be compensated by another massage based company a percentage of the fee paid by the customer for a massage done by the independent contractor. The Board’s Order, filed on September 13, 2016, issues a declaratory statement that the payment as outlined in the petition does not violate the provisions of Section 456.054, F.S. The Board does not have substantive jurisdiction to interpret Section 817.505, F.S.
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Angela Lind; The Notice of Petition for Declaratory Statement was published in Volume 42, No. 132, of the July 8, 2016, Florida Administrative Register. The petition seeks a declaratory statement from the Board regarding Section 480.033, F.S. as to whether it is within the scope of practice of a Massage Therapist, for a Certified Lymphedema Therapist, trained in Complete Decongestive Therapy (CDT), to perform bandaging on patients with lymphedema. The Board’s Order, filed on September 13, 2016, issues a declaratory statement that under the specific facts of the petition, as set forth, it is within the scope of Petitioner's education and training to perform bandaging on patients with lymphedema.