- Notices of Development of Proposed Rules and Negotiated Rulemaking (3)
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The purpose of this rule is to establish procedures used by the Commission for Independent Education (Commission) for receiving complaints of failure to report child abuse, abandonment or neglect, as required by section 30.205, F.S., and assessing a fine. Nonpublic college, university and school administrators and their law enforcement agencies are required to report information received about child abuse, abandonment or neglect that occurred on institution property or at an event sponsored by the institution to the Florida Department of Children and Family Services. This rule defines the terms “administrator,” “commission” and “law enforcement agency.” The effect of this rule is that if an institution’s administrator or law enforcement agency is informed of child abuse, abandonment or neglect and does not report it, or knowingly and willingly prevents another person from doing so, the institution shall be subject to a fine of $1 million by the Commission.
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These rule amendments provide that the substantive procedures and requirements for the collection, packaging, and submission of samples sent to the Arson Laboratory for analysis of evidence found at fire scenes will be contained in the incorporated and adopted Form DFS-K1-2127, Guide to the Collection, Packaging, Submission and Analysis of Evidence. Further, the rule includes updates to the Evidence Submission Form (Form DFS-K5-1096).
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To consider changes to the requirement for advertising scholarships. The effect is to require more disclosures and more specific disclosure of information in any advertising.
- Petitions and Dispositions Regarding Rule Variance or Waiver (6)
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Variance or Waiver from Petitioner Sarasota Kennel Club, Inc., DBPR Case No. 2013044305 (VW 2013-364). The Petition seeks a variance or waiver until July 1, 2014, from Rule 61D-2.023(2)(e)2., F.A.C., that requires that Petitioner have greyhound kennel “crates constructed of metal.”
Any interested person or affected agency may submit written comments on the Petition for a Variance or Waiver to the Division pursuant to Florida Uniform Rule of Procedure 28-104.003.
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for Mansions by the Sea Condominiums. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators with firefighters’ emergency operations which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-370).
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Lakeview Terrace ILF. Petitioner seeks a variance of the requirements of ASME A17.1b, Section 2.20.1, 2.18.5.1, 2.20.4, 2.20.5 and 2.20.9 as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-371).
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LeMeridien Hotel (1). Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.2.7, 2.4.1, and 2.7.4.1, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators minimum pit depth required, bottom car clearance and headroom in machinery spaces, machine room, control spaces and control rooms which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-368).
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LeMeridien Hotel (2). Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.2.7 and 2.4.1, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators minimum pit depth required, and bottom car clearances which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-369).
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On October 23, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Section 3-305.14, 2009 FDA Food Code, Section 6-202.15, 2009 FDA Food Code, Section 6-202.16, 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from La Guajira located in Orlando. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods other than frankfurters from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol. 39/210 on October 28, 2013. The Order for this Petition was signed and approved on November 04, 2013. 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 that each pan within the steam table is properly covered with an individual lid; the steam table is enclosed within a cabinet with tight-fitting doors, and is protected by an air curtain installed and operated according to the manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; and steam table food is to be dispensed by the operator with no customer self-service. The Petitioner shall also strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation.
- Notices of Meetings, Workshops and Public Hearings (33)
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The Commission will consider repeal of the rule as it has been superseded by updated comprehensive plan provisions.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, Tallahassee, FL
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The Commission will consider repeal of the referenced rules as they have been superseded either by updated comprehensive plan provisions, the Florida Building Code, Commission rules, or local ordinances or regulations.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, FL
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The Commission will consider repeal of rule 28-22.100 as unnecessary as Franklin County is no longer designated as an area of critical state concern. Additionally, the Commission will consider approval of rule 28-22.402 that adopts and makes effective Ordinance No. 2013-02 addressing floodplain management regulations.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, FL
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The Commission will consider repeal of the rule as it has been superseded by 380.0552(4)(b), FS.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, FL
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The Commission will consider repeal of the referenced rules as they have been superseded either by updated comprehensive plan provisions, local land development regulations, updated Commission rules, or by 380.0552(7), FS.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, Tallahassee, FL
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The Commission will consider repeal of the referenced rules as they have been superseded by updated comprehensive plan provisions or land development regulations.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, FL
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The Commission will consider repeal of the referenced rules as they have been superseded by updated comprehensive plan provisions or land development regulations.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, FL
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The Commission will consider repeal of the referenced rules as unnecessary as the City of North Key Largo Beach was abolished through Chapter 2003-318, LOF.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, LL03, The Capitol, Tallahassee, FL
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The Special Needs Shelter Interagency Committee Meeting is being hosted by the Florida Department of Health, Bureau of Preparedness and Response, to identify and resolve challenges related to special needs shelters that are not currently addressed in the state comprehensive plan, relating to Rules 64-3.010, .020, .030, .040, .050, .060, .070, .080, F.A.C. The meeting shall also serve as a forum to develop policies and procedures which support sheltering best practices throughout the state. The continuation of the committee work assures the best quality service to clients with special medical needs and Florida’s vulnerable population.; Thursday, November 21, 2013, 9:30 a.m. - noon; 4052 Bald Cypress Way, Conference Room 301, Tallahassee, Florida 32399
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Disability Rights Florida, Florida's Protection and Advocacy Programs Quarterly/Annual Meeting of the Board of Directors; the Annual Board of Directors Election of Officers; Friday, December 6, 2013, 9:00 a.m.; Embassy Suites Tampa Airport/Westshore, 555 N. Westshore Blvd. Tampa, Florida 33609 Tel. (813) 875-1555
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The Commission will consider removal of certain rule text at section 28-27.008(4), FAC, that has been rendered obsolete by updated comprehensive plan provisions.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, Tallahassee, FL
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The Commission will consider removal of certain rule text at subsection 28-28.008(7)(a) through (c), FAC, that has been rendered obsolete by updated comprehensive plan provisions.; November 19, 2013, 9:00 AM; Cabinet Meeting Room, Room LL03, Tallahassee, FL
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Any Development Order received prior to the meeting. Any Generally Consistent Comprehensive Plan Amendment Review received prior to the meeting; Generally Consistent Comprehensive Plan Amendment Reviews for Broward County, Miami-Dade County and Miami; Any Generally Inconsistent Comprehensive Plan Amendment Review received prior to the meeting; Meeting on monthly Council business; Executive Committee Conference Call is scheduled on Wednesday at 10:00 a.m., one week prior to the Council Meeting to which all persons are invited. Call in number 1-888-670-3525, Conference Code 2488435943 then #. Council Executive Committee and subcommittees may meet periodically before and following the regularly scheduled Council meetings.; Monday, December 2, 2013; 10:30 a.m.; South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, FL 33021
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General Board business.; December 23, 2013, 10:00 a.m.; 888.670.3525, Code 8492079683#.
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Quarterly Meeting of the Institute for Community Collaboration, Inc.; Monday, December 2, 2013; 10:30 a.m.; South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, FL 33021
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Scope of services for engaging a consultant to provide assistance to the Gulf Consortium in developing a State Expenditure Plan and other matters.; November 13, 2013, 9:00 a.m. - 11:00 a.m., EDT; Room Coquina AB (North Tower), Hilton Daytona Beach, 100 North Atlantic Avenue, Daytona Beach, Florida.
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EMS Probable Cause Panel Meeting to discuss public and confidential cases. Portions of the meeting will not be open to the public.; November 25, 2013, 1:00 p.m.; Capital Circle Office Complex
4042 Bald Cypress Way
Conference Room 210J
Tallahassee, Florida 32399
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Deliberation for cases pending before the Commission that are ready for final review and the Chairman's report. No public testimony will be taken.
; November 13, 2013, 9:00 a.m.; Reemployment Assistance Appeals Commission
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Business before the Actuarial & Underwriting Committee; Monday, November 18, 2013, 8:00 a.m.; Conference Call: (866)361-7525, conference ID: 8632017402#
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General Business; December 5, 2013, 9:00 a.m.; Conference Call Number 888-670-3525
Conference Code 9259887749
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Regular recurring meeting to review project status and act on any decisions required of the Committee; Wednesday, November 13, 2013. 10:30 a.m. - 12:00 noon; Caldwell Building, Conference room B-49, 107 E. Madison Street, Tallahassee, Florida 32399 or by conference call: 1 (888) 670-3525 Passcode 1188081993 then #
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The workshop will be held to solicit comments and suggestions from interested persons relative to Florida Housing’s proposed Requests for Applications (RFAs) for funding from the State Apartment Incentive Loan (SAIL) Program and the HOME Investment Partnerships (HOME Rental) Program. The SAIL RFA will offer SAIL funding to be used in conjunction with Tax-Exempt Bonds issued by Florida Housing or a Local Government. The HOME RFA will offer HOME funding to be used in conjunction with Florida Housing-issued Multifamily Mortgage Revenue Bonds. These RFAs are expected to be issued in mid-December 2013.
Prior to the workshop, Florida Housing expects to post drafts of the RFAs to the FHFC Website under the Multifamily Programs/Apply for Funding link. The drafts will describe the targeted developments, RFA parameters, and scoring priorities for the RFAs.
; November 14, 2013, 1:30 p.m.; Tallahassee City Hall, Commission Chambers, 300 South Adams Street, Tallahassee, FL. The workshop will also be accessible via telephone at 1-888-670-3525, Conference Code #6568644304
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General business of the Bay Area Resource Council.; Wednesday, November 20, 2013, TAC, 1:00 pm and BARC, 2:30 pm; 4081 E. Olive Road, Ste. A, Pensacola, Fl. 32514
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The Department is holding a workshop for the purpose of exploring options with the public for the implementation of new programs of study and vocational courses relating to standards for Safety Officer Qualifications. The workshop may also include a general discussion of a proposed Safety Officer Program including length of programs, content of programs, instructor requirements, prerequisite requirements, certification requirements, and proposed rule development in that regard. This workshop will take input from affected persons as to what rule amendments are necessary to implement this statutory change.; December 9, 2013 @ 9:00 A.M. to 11:00 A.M.; The Florida Hotel & Conference Center, Legends Ballroom, 1500 Sand Lake Road, Orlando, Florida 32809
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Regular meeting of the Boating Advisory Council to review and discuss boating-related topics and to take action, if needed. Such action may include discussion about the Anchoring and Mooring Pilot Program and navigation regulations.; November 13, 2013 at 9 a.m.; Hotel Indigo, 234 Third Avenue North, Saint Petersburg, Florida 33701
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The Department is holding a workshop for the purpose of exploring options with the public for the implementation of new programs of study and vocational courses relating to standards for Safety Officer Qualifications. The workshop may also include a general discussion of a proposed Safety Officer Program including length of programs, content of programs, instructor requirements, prerequisite requirements, certification requirements, and proposed rule development in that regard. This workshop will take input from affected persons as to what rule amendments are necessary to implement this statutory change.; January 24, 2014 @ 3:00 P.M. to 5:00 P.M.; Room 101B, Ocean Center, 101 North Atlantic Avenue, Daytona Beach, Florida 32118
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Business before the Claims Committee; Thursday, November 14, 2013, 2:00 pm; Conference Call: 1-866-361-7525 conference ID: 5219676193#
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Commission Business.
; Thursday, November 21, 1:00 p.m.; Governor's Mansion, Tallahassee, Florida
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This is a meeting of the Executive Director of the DHSMV to obtain approval to file Rule 15A-3.006, F.A.C., Bureau of Motorist Compliance - Rules and Regulations Relating to Financial Responsibility Law, for Notice of Proposed Rulemaking and 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. In addition, other general business may be addressed.; November 19, 2013, 9:00 a.m.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
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Representatives of the Florida Medical Malpractice Joint Underwriting Association will receive and consider questions about the Request for Applications for Grants for Partnerships in Improving the Safety of Health Care Services (RFA # 2013-01) and the Prospective Deficiency Fund, The Alvin E. Smith Grant program.; Wednesday, November 13, 2013, at 1:00 p.m. EST; Conference call #: 1-877-320-0161. Code: 2054362261
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New Board Member Training; Wednesday, November 20, 2013 at 3:00 p.m.; Wyndham Baypoint Resort, 4114 Jan Cooley Drive, Panama City Beach, Florida 32408, Ph: 850-236-6000
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General board business.; Friday, December 6, 2013 commencing at 9:00 a.m.; Marriott Tampa Westshore, 1001 Westshore Boulevard, Tampa, Florida 33609 (813) 287-2555
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Public input for assessing the viability of expanding the Screening Brief Intervention and Referral to Treatment (SBIRT) model beyond health care settings to other settings where at-risk mothers can be reached.; November 13, 2013, 1:00-2:00 PM.; Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room D, Tallahassee, FL 32308. Conference Call # 1-888-670-3525
Participant Pass Code: 4677269467#
- Notices of Petitions and Dispositions Regarding Declaratory Stat (5)
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Lancia Simmons
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Lorie Newton and J. Newton Enterprises, Inc.; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 149, of the August 1, 2013, Florida Administrative Register. The petition seeks a declaratory statement from the Board that her state certified specialty contractor license allows her to install steel doors and frames. The Board’s Order, filed on October 31, 2013, issues a declaratory statement that the Petition is denied because the scope of the question is too broad and insufficient information is given.
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Phoebe Menzer and Flamingo Pool and Spa, Inc.; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 149, of the August 1, 2013, Florida Administrative Register. The petition seeks the Board’s interpretation of Section 489.113, F.S., as it relates to subcontracting the application of the interior finish plaster to pools. The Board’s Order, filed on October 31, 2013, issues a declaratory statement that county licensed contractors can be subcontracted to apply the interior finish plaster to pools, as long as the issuing agency permits that work under their licensing.
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Landmarc Environmental Systems, LLC; The Notice of Petition for Declaratory Statement was published in Volume 39, No. 149, of the August 1, 2013, Florida Administrative Register. The petition seeks a declaratory statement from the Board with regard to Section 489.105, Florida Statutes, asking which license would be required for the construction of gas extraction wells The Board’s Order, filed on October 31, 2013, issues a declaratory statement that the Petition is denied because Petition is not in proper format.
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