- Notices of Development of Proposed Rules and Negotiated Rulemaking (8)
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This rule is proposed to be amended to incorporate two new materials by reference (SEC Rules 204-1 and 206(4)-7), proposed to be referenced in Rule 69W-600.0131(1)(a), F.A.C. These SEC rules require federal investment advisers, among other things, to annually file amendments to their registration form (Form ADV) and adopt and implement compliance procedures and practices, respectively. The proposed addition of these SEC rules in Rules 69W-200.002 and 69W-600.0131, F.A.C. will require Florida state registered investment advisers to also comply with the provisions of these rules.
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The Office proposes to repeal current financial reporting rules 69W-300.002 and 69W-600.015 and net capital rule 69W-600.016, to be replaced by proposed new consolidated net capital/financial reporting rules 69W-600.0151 and 69W-600.0161 for dealers/issuer-dealers and investment advisers, respectively. The purpose and effect of these changes are to remove outdated requirements, implement clearer requirements as to financial reporting and calculation of net capital, and improve rule organization by consolidating rules on the same subject while creating separate rules by registration type.
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This rule is proposed to be amended to update cross-references to proposed new rule 69W-600.0151, a consolidated financial reporting and net capital rule for dealers and issuer-dealers. The net capital requirement provisions of existing rule 69W-400.002 are proposed to be stricken and moved to the new proposed rule 69W-600.0151.
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This rule is proposed to be amended to change a cross-reference to current rule 69W-300.002 to proposed new rule 69W-600.0151, a consolidated financial reporting and net capital rule for dealers and issuer-dealers.
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The Office proposes to amend rules 69W-600.0131, .0132, and .014; repeal rules 69W-600.015 and .016, and create new rules 69W-600.0151 and .0161. Rule 600.0131 is proposed to be amended to require Florida state registered investment advisers to comply with SEC Rules 204-1 and 206(4)-7, which currently require federal covered advisers to, among other things, annually file amendments to their registration form (Form ADV) and adopt and implement compliance procedures and practices, respectively. The Office proposes to amend Rule 600.0132 relating to custody requirements for investment advisers to conform the current rule more closely with the NASAA model rule, including adding a requirement for investment advisers with custody who do not meet certain exceptions to have an annual independent verification of client funds and securities. Rule 69W-600.014 is proposed for amendment to add certain recordkeeping requirements for investment advisers who inadvertently hold or obtain client securities or funds, in accordance with NASAA model rules. Finally, the Office proposes to repeal current financial reporting rules 69W-300.002 and 69W-600.015 and net capital rule 69W-600.016, to be replaced by proposed new consolidated net capital/financial reporting rules in 69W-600.0151 and 69W-600.0161 for dealers/issuer-dealers and investment advisers, respectively. The purpose and effect of these changes are to remove outdated requirements, implement clearer requirements as to financial reporting and calculation of net capital, and improve rule organization by consolidating rules on the same subject while creating separate rules by registration type.
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The rule is proposed for amendment to update the disciplinary guidelines incorporated by reference in the rule. The Office proposes to add disciplinary guidelines for violations of Rule 69W-600.004(3), relating to notice-filing of branch offices; sections of the Investment Advisers Act of 1940 cited in 69W-600.0131(1)(a); and proposed additions of SEC Rules 204-1 and 206(4)-7 in rules 69W-600.0131(1)(a) and 69W-200.002.
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The purpose and effect is to create the rule to adopt forms relating to application for licensure and management of the licensure of community association managers and management firms.
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The purpose of this rule development is to comply with sections 409.1754 and 409.1678, F.S., which were created during the 2014 legislative session. The Department intends to create chapter 65C-43, Human Trafficking. The rules will accomplish the following tasks: (1) adopt standardized screening and assessment instruments to identify, determine the needs of, plan services for, and determine the appropriate placement for sexually exploited children; (2) set forth the requirements for the use of the instruments and the reporting of data collected through their use; (3) adopt criteria for certification of safe foster homes and safe houses; and (4) specify the content of specialized training for foster parents of safe foster homes and staff of safe houses.
- Proposed Rules (4)
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The Division proposes the rule amendment to reflect legislative changes to Chapter 718, Florida Statutes, and for clarity.
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The Division proposes the rule amendment to reflect legislative changes to Chapter 719, Florida Statutes, and for clarity.
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Due to the language in 2014-40 (section 13) changing the time period an employer has to respond to a §443.141, Fla. Stat., determination from 15 days to 20, this rule change is necessary to reflect the most recent statutory changes.
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Rules 69A-47.013 and 69A-47.014, F.A.C., are being repealed because they are unnecessary. Rules 69A-47.016 and 69A-47.017, F.A.C., are being modified to require their compliance with section 399.15 (3), F. S.
- Petitions and Dispositions Regarding Rule Variance or Waiver (3)
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waiver filed by Dayan Anand Naik, M.D., from Rule 64B8-4.009, F.A.C., with regard to the requirement for submission of documentation of medical education directly from Petitioner’s medical school. Comments on this petition should be filed with the Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of publication of this notice.
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waiver from Urban Edge Apartments, LTD requesting a waiver from Rule 67-48.004, Florida Administrative Code, in which the Petitioner seeks to provide a picnic area with a hard cover roof of a design compatible with the Development, open on one side, containing at least three permanent tables with chairs and an adjoining permanent outdoor grill.
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waiver from Janie Poe Associates 3, LLC requesting a waiver from the Total Development Cost Limitation referenced in Request for Proposals 2013-007, in which the Petitioner is requesting an increase in the Total Development Cost per unit from the listed $163,000 to $168,000 which is a minimum increase of $5,000.
- Notices of Meetings, Workshops and Public Hearings (21)
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Regular scheduled meeting of the Governor and Cabinet to act on all executive branch matters provided by law and to act on any agendas submitted for their consideration. The Governor and Cabinet will proceed through each agenda, item by item.
The State Board of Administration will take action on matters duly presented on its agenda, which may include such matters as Executive Director’s reports; approval of fiscal sufficiency of state bond issues; approval of sale of local bonds at an interest rate in excess of statutory interest rate limitation; reports on investment performance; designation of banks as depositories for state funds; adoption of rules and regulations; investment of state funds pursuant to Chapter 215, F.S.; and consideration of other matters within its authority pursuant to Chapters 215 and 344, F.S., and Section 16 of Article IX of the Florida Constitution of 1885, as continued by subsection 9(c) of Article XII of the Florida Constitution of 1968.
The Division of Bond Finance of the State Board of Administration will take action on matters duly presented on its agenda, which will deal with the issuance of State bonds, arbitrage compliance and related matters.
The Financial Services Commission will take action on matters duly presented on its agenda which may include, but not be limited to; matters relating to rulemaking for all activities of the Office of Insurance Regulation concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct, claims, adjusters, issuance of certificates of authority, solvency, viatical settlements, premium financing, and administrative supervision, as provided under the Insurance Code or Chapter 636, F.S., and matters related to rulemaking for all activities of the Office of Financial Regulation relating to the regulation of banks, credit unions, other financial institutions, finance companies, retail installment sales providers, title loan lenders, collection agencies, mortgage brokers, mortgage lenders, certified capital companies, money services businesses, and the securities industry.
The Agency for Enterprise Information Technology will take action on matters duly presented on its agenda which may include, but not be limited to, the presentation and approval of the Agency’s Annual Operational Work Plan as well as matters relating to rulemaking for all activities of the Agency.
The Department of Veterans’ Affairs will take action on matters duly presented on its agenda which may include the administration of the Department as well as actions taken to further the Department’s mission of providing assistance to veterans and their dependents, pursuant to Section 292.05, F.S.
The Department of Highway Safety and Motor Vehicles will take action on matters duly presented on its agenda, which may include such matters as approval of agency policies, taking agency action with regard to administrative procedure matters, and considering other matters within its authority pursuant to Florida Statutes.
The Department of Law Enforcement will take action on matters duly presented on its agenda which may include but not be limited to such matters as transfer of agency funds or positions, formulation of Departmental Rules, administrative procedure matters, submittal of reports as required, enter into contracts as authorized and to consider other matters within its authority pursuant to Chapters 20, 23, 120 and 943, F.S.
The Department of Revenue will act on matters duly presented on its agenda which may include approval of rules, legislative concept proposals, contracts over $100,000, Departmental budgets, administrative procedure matters, and consideration of other matters within its authority.
The Administration Commission will take action on matters duly presented on its agenda which may include such matters as to create or transfer agency funds or positions, approve Career Service rules, administrative procedure matters, environmental matters arising under Chapter 380, F.S., comprehensive planning issues pursuant to Section 163.3184, F.S., determine sheriffs’ budget matters, and consider other matters within its authority pursuant to various statutes including Chapters 110, 215 and 216, F.S.
The Florida Land and Water Adjudicatory Commission will take action on matters duly presented on its agenda including appeals of local government development orders in areas of critical state concern or of developments of regional impact under Section 380.07, F.S.; and review of water management matters under Chapter 373, F.S. The Commission will also review Department of Environmental Protection’s rules and orders which, prior to July 1, 1993, the Governor and Cabinet, sitting as the head of the Department of Natural Resources, had authority to issue or promulgate.
The Board of Trustees of the Internal Improvement Trust Fund will take action on matters for which it is responsible pursuant to law (including duties pursuant to Title 18 of the Florida Statutes and Title 18 of the Florida Administrative Code) and that are duly presented on its agenda, which may include such matters as aquacultural issues as presented by the Division of Aquaculture in the Department of Agriculture and Consumer Services; mineral leases or sales; state or sovereign land leases, sales, exchanges, dedications, and easements; conservation and preservation lands and other land purchases; land planning matters and other matters within its authority.
The Department of Environmental Protection will present for consideration those matters required by law to be reviewed by the Governor and Cabinet, sitting as the Siting Board, which may include, but are not limited to siting of power plants and electric and natural gas transmission lines.
; December 9, 2014, 9:00 a.m.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
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The purpose of this meeting is to address special business issues and initiatives of the Florida Alligator Marketing and Education Committee, for the current and next fiscal year.; Tuesday December 2, 2014, 10:00 AM; Bert Harris Ag Center/IFAS Extension
4509 George Boulevard, Room #3
Sebring, FL 33875
(863) 402-6540
Contact: Valorie Henderson
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Regular Board Meeting; Monday, December 15, 2014 at 9:30 a.m.; Tampa Bay Water, 2575 Enterprise Road, Clearwater, FL 33763
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The Commission will discuss the model submissions received under the standards and acceptability process for 2013. In addition, other general business of the Commission will be addressed. Following the Commission meeting, the Flood Standards Development Committee will meet to discuss a working draft of the General Flood Standards, and, time permitting, will begin a discussion of the Meteorological/Hydrological Flood Standards.; Tuesday, December 16, 2014, 9:00 a.m. to 4:00 p.m. (ET).; Room 116 (Hermitage Conference Room), 1801 Hermitage Blvd., Tallahassee, Florida. Persons wishing to participate may dial 1(888) 670-3525, conference code 7135858151.
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Regularly scheduled quarterly meeting of the Investment Advisory Council. The IAC is a nine-member advisory council, which reviews the investments made by the staff of the State Board of Administration and makes recommendations to the board regarding investment policy, strategy, and procedures. The IAC operates under s. 215.444 of the Florida Statutes.; Monday, December 8, 2014, from 1:00 PM until completion of agenda.; The Hermitage Centre (Hermitage Conference Room) at 1801 Hermitage Boulevard, Tallahassee, Florida 32308.
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The Florida Department of Transportation (FDOT) District Six will hold a Public Meeting for a roadway project along State Road (SR) A1A/Collins Avenue from Bayview Drive to SR 856/192 Street, in Miami-Dade County, to discuss the project’s design and scope of work. The project identification number is 430949-1-52-01. The public meeting will follow an informal, open house format allowing the public to arrive at any time from 6 p.m. to 8 p.m. Graphic displays will be shown during the meeting, and FDOT representatives will be available to discuss the project.; Wednesday, December 3, 2014, 6 p.m. to 8 p.m.; Sunny Isles Beach City Hall
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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NOTICE OF CANCELLATION - The purpose of the Review Committee Meeting will be to give the scores and to submit a recommendation to Florida Housing’s Board of Directors regarding the responses submitted for Florida Housing Finance Corporation’s Request For Applications 2014-110, Multifamily Energy Retrofit Program.; December 2, 2014; 9:30 a.m.; Rick Seltzer Conference Room, Suite 6000, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida, 32301-1329
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10:00-noon
Lake Wales Medical Center, 410 South 11th Street, Lake Wales, FL is applying to open a Baker Act 18 bed Inpatient Behavioral Health Facility. A public hearing is being held to accept public and stakeholder comments regarding the Baker Act disignation of this facility.
1:00-3:00 P.M.
A public forum will be held on a Transportation Exemption Plan between The Department of Children & Families and Lake Wales Medical Center. The Transportation Exemption Plan addresses mental health individuals who will be transported by the Lake Wales police and sheriff's office to Lake Wales Medical Center. Any interested parties may attend.; November 25, 2014, 10:00-noon, 1:00-3:00 P.M.; Christ's Church on the Move, 2039 State Rd. 60, Lake Wales, FL 33898
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as per the agenda.; December 9, 2014, 1.00 p.m.; The Alfond Inn, 300 E.New England Ave., Winter Park, FL 32789.
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The project involves the replacement of the Sunrise
Boulevard bridge over Florida’s Turnpike mainline and interchange modifications at the Sunrise Boulevard
interchange (Financial Project ID Number 406103-1-52-01). This meeting is being held to allow interested persons an opportunity to express their views concerning the proposed improvements to this section of Florida’s Turnpike. Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status.; Thursday, December 4, 2014, 5:00 p.m. – 7:00 p.m.; Deicke Auditorium, 5701 Cypress Road, Plantation, Florida, 33317
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The South Florida Water Management District invites agencies, non-governmental organizations, academic institutions, local governments and other interested stakeholders to collaborate on science and projects that will benefit the Caloosahatchee River and Estuary. Note: One or more District Governing Board and Water Resource Advisory Commission members may be in attendance at the event.; Tuesday, December 2, 2014, 1:00 PM
Caloosahatchee Community Forum; City Pier Building, 1300 Hendry Street, Fort Myers, Florida 33901
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Governing Board Meeting to consider District business and conduct public hearings on regulatory and real estate matters. A workshop will follow the meeting.
The Lands Committee of the Governing Board will be holding a meeting to discuss the potential acquisition of lands and the management of District land interests.; Tuesday, December 9, 2014, 9:00 a.m.
9:00 a.m. Governing Board Meeting begins, followed by a workshop, followed by the Governing Board Land’s Committee Meeting.; District Headquarters, 9225 CR 49, Live Oak, FL 32060
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To consider and provide recommendations to the Commission regarding requests for waivers (as listed below) and other business for the Commission in accordance with the Council’s agenda.
1. Samantha Hotel, 235 39th Street, Miami Beach
2. Kappa Delta Sorority House, 555 West Jefferson Street, Tallahassee
3. Alpha Gamma Delta Porch Enclosure, 517 West Park Avenue, Tallahassee
4. Vela Rouge Hotel, 7130 Harding Avenue, Miami Beach
5. Tiniciti III Preschool, 3111 S. W. 27TH Avenue, Miami
6. Doitterer/Reese Building, 118 Centre Street, Fernandina Beach
7. 7140 Abbot Avenue, 7140 Abbott Avenue, Miami Beach
; December 1, 2014, 2:00 p.m. until completion; Meeting to be conducted using communications media technology, specifically teleconference and webinar. The “voice-over-internet-protocol” feature will not be used for this meeting and you must dial in using the telephone number indicated below.
To access the webinar, please access the following internet address:
https://global.gotomeeting.com/join/582135645
2. Join the conference call:
United States (toll-free): (213) 493-0015
Access Code and Meeting ID: 582-135-645
Audio PIN: Shown after joining the meeting
Public point of access: Florida Building Commission, Office of Codes and Standards, Department of Business and Professional Regulation, Suite 90A, 1940 North Monroe Street, Tallahassee, Florida.
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Discuss “accreditor” and “course” applications for recommendation to the Florida Building Commission and other matters in accordance with the meeting agenda.; Monday, December 1, 10:00 a.m.; Meetings to be conducted using communications media technology; you must access webinar for video only and teleconference number for audio. The “voice-over-internet-protocol” feature will not be used for this meeting and you must dial in using the telephone number indicated below.
To access the webinar go to https://global.gotomeeting.com/join/849731693. You may call in to participate by audio only or in conjunction with the webinar. Use the following numbers to call in using your telephone
United States: +1 (213) 493-0015
Access Code and Meeting ID: 849-731-693
Audio PIN: Shown after joining the meeting
Public point of access: 1940 North Monroe Street, Room 90, Tallahassee, Florida.
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Quarterly meeting of the Florida Fire Safety Board. Anyone wishing to attend may attend in person or by telephone conference call. Those attending by telephone conference call should dial (850)413-1558, (CISCO VoIP Internal callers may reach the conference call by dialing 11558.) Once you have dialed the initial number you will be prompted to enter the Conference ID which is 92483
The connection will be available 5 to 10 minutes before 10:00AM; Tuesday, December 2, 2014 at 10 AM; State Fire Marshal Conference Room, Third Floor, Atrium Bldg., 325 John Knox Road, Tallahassee, Florida 32303
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Normal Board Business, discussions with vendors for strategic planning services, and interviews with Executive Director candidates.; December 4, 2014, 8:00 a.m. to 5:00 p.m.; Room 110 Senate Office Building, 404 South Monroe St, Tallahassee, FL 32399. People wishing to call in can dial 1-888-670-3525, participant passcode of: 3244965172, then #.
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The notice replaces Notice 14076075. Please note the participant passcode change.
General business of the board. Meetings may be cancelled prior to the meeting date. Please check the Board web site at www.floridasmassagetherapy.gov for cancellations or changes to meeting dates or times.; December 10, 2014, 8:30 a.m., E.S.T.; Meet Me Number: (888) 670-3525; Participant Passcode: 4284364155
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The notice replaces Notice 14076075. Please note the participant passcode change.
General business of the board. Meetings may be cancelled prior to the meeting date. Please check the Board web site at www.floridasmassagetherapy.gov for cancellations or changes to meeting dates or times.
; December 10, 2014, 8:30 a.m., E.S.T.; Meet Me Number: (888) 670-3525; Participant Passcode: 2933437722
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To review those cases on which a determination of existence of probable cause has already been made.; December, 16, 2014, 3:05 p.m., E.S.T.; Meet Me Number: (888) 670-3525; Participant Passcode: 4284364155
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Suicide Prevention Coordination Council Meeting -
CONFERENCE CALL INFO.
Number - 888-670-3525
Code - 8007400450
; Monday, December 01, 2014 - 1:00 - 3:00 PM (UTC-05:00) Eastern Time (US & Canada).; 1317 Winewood Blvd. Tallahassee, Building 6, Conference Room A
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Suicide Prevention Coordinating Council Meeting; Monday, December 01, 2014 1:00 PM-3:00 PM (UTC-05:00) Eastern Time (US & Canada).; 1317 Winewood Boulevard, Tallahassee, Florida
Building 6, Conference Room A
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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Rita Manyette of Martini Shot Casting Ltd. Co., on November 17, 2014.; Petitioner asks whether chapter 468, part VII, Florida Statutes, applies to her in her role as a casting director, wherein she gathers talent from agencies and does not pay or represent talent.
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Kimberly Goedde, In Re: Carmel Lakes Property Owners Association, Inc., Docket No. 2014044962, filed on October 27, 2014.; Whether Carmel Lakes POA is a condominium association pursuant to section 718.103(2), Florida Statutes.
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Doug Linder on November 18, 2014.; Petitioner asks whether, under chapter 468, part XVI, Florida Statutes, a mold assessor or mold remediator license is required in order for his business to sanitize residential and commercial environments with a specific antimicrobial product in order to kill microorganisms and inhibit their growth.
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Diversified Conveyors, Inc. on October 27, 2014.; The petitioner seeks a declaratory statement regarding clarification of the Contractor License Statutes, Sections 489.105 and 489.103, Florida Statutes, as to whether a Contractor's License is available and required for the installation of their conveyor systems. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.