- Notices of Development of Proposed Rules and Negotiated Rulemaking (39)
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On March 29, 2006, the Orange County Water Reclamation Division submitted a petition to initiate rulemaking to establish a Site Specific Alternative Criterion (SSAC) for pH of not greater than 8.5 standard units in the Orange County Eastern Water Reclamation Facility wetlands discharge system. The water body is classified as Class III waters with a designated use of “Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife.” The proposed site specific alternative criterion for pH is designed to protect this designated use.
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Surface water quality criteria for fecal coliform bacteria are intended to protect the public health, safety and welfare. Coliform bacteria serve as indicator organisms that can help identify contamination of waters by human pathogens. Florida’s fecal coliform criteria for surface waters has differed from recommended Federal criteria. The Department proposes to make Florida’s criteria consistent with the Federal criteria.
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To implement the provisions of recent legislation regarding potentially discriminatory treatment of individuals traveling.
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The Board proposes the rule amendment to remove “and phone number” of the brokerage firm from advertising requirements.
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The Commission proposes the rule repeal as Section 475.452, Florida Statutes, no longer exists.
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The Board proposes the rule amendment to clarify the number of members on a probable cause panel.
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The Board proposes the rule amendment to clarify the five parts of the examination for licensure.
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The Board proposes the rule amendment to delete unnecessary language and add new language to clarify the determination of eligibility of individuals licensed in another state.
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Announce workshop to open discussion with the EMS community regarding rule promulgation.
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The amendment states that the daily exam fee for market conduct employees is that which is published in the NAIC Market Conduct Examiners Handbook.
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The purpose of the amending of Rule 5F-10.001, F.A.C., is to adopt the most recent version of the chemical and physical standards set forth in ASTM International for antifreeze (engine coolant) products and to alter the language so as to require all such products to conform to the ASTM International standards adopted in this section. The effect of the adoption of the most recent version of the standards is to maintain up-to-date nationally recognized standards. The purpose of altering the language is to eliminate any possible ambiguity regarding product quality specifications for non-glycol base engine coolants. The effect of these changes will be to ensure that all antifreeze products sold or distributed in the State of Florida meet the ASTM International specifications adopted in this section.
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The proposed rule amendments revise the methodology by which fiscally constrained counties are proportionately assessed for predisposition detention care when costs exceed the legislative appropriation. Amendments are also required to modify the timing of quarterly reporting and reconciliation.
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The Board proposes to review the existing language in this rule to determine whether changes are necessary.
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The Board proposes to decrease the laws and fees examination fee to $75.00.
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The Board proposes to review the existing language in this rule to determine whether changes are necessary.
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The Board proposes to review the existing language in this rule to determine whether changes are necessary.
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The Board proposes to promulgate this rule to implement new legislation.
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The purpose and effect of the amendment is to update the rule to comply with new legislation regarding continuing education requirements relating to HIV/AIDS and domestic violence.
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The purpose of this rule revision is to update and make substantive revisions to the rules regulating the licensure of residential facilities serving persons with developmental disabilities.
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Implements new requirements for the administrative expunction of Florida criminal history arrest records that are made contrary to law or by mistake.
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The purpose of this rule modification is twofold. First is the clarification of existing verbiage, and second to establish labeling criteria for urban lawn or turf fertilizer products.
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The purpose of the rule development is to review current practices and requirements for district instructional personnel assessment systems to determine amendments to be proposed that take account of applicable performance-based pay regimes. The effect of the amendment will be the development of district-based assessment systems that fulfill current requirements for assessment and performance-based pay.
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The purpose of the proposed amendments to Rule 12-6.0015, F.A.C., is to: (1) adopt, by reference, changes to the form used by taxpayers to grant a representative authority to perform certain acts on behalf of the taxpayer and to receive and inspect confidential information from the Department; and (2) update information on how to obtain the form from the Department.
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The purpose of the proposed amendments to Rule 12-22.007, F.A.C. (Registration Information Sharing and Exchange Program), is to: (1) provide that the scope of the rule is to provide guidelines regarding the Registration Information Sharing and Exchange Program (RISE Program) authorized under Section 213.0535, F.S.; (2) provide who in the Department to contact for information regarding the program; (3) update the data elements relating to the licensing or registration activity during each period that will be exchanged consistent with the data elements that are currently exchanged under the program; (4) incorporate, by reference, the agreements used by the Department in administering the program; (5) clarify that any employee authorized by the participating government agency is required to execute a certificate of familiarity with the confidentiality requirements of Section 213.053, F.S., by January 31 of year each; and (6) clarify that Level-one participants in the program are required to exchange the required data on a monthly or quarterly basis.
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The purpose of the proposed amendments to Rule 12-26.008, F.A.C., is to (1) adopt, by reference, changes to forms used by the Department in the processing of applications for refunds; and (2) update information on how to obtain the forms from the Department.
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The purpose of the proposed amendments to Rule 12A-1.097, F.A.C. (Public Use Forms), is to adopt, by reference, changes to forms used by the Department in the administration of sales and use tax.
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The purpose of the proposed amendments to Rule 12A-16.008, F.A.C. (Public Use Forms), is to adopt, by reference, changes to forms used by the Department in the administration of solid waste fees and the rental car surcharge.
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The purpose of the proposed amendments to Rule 12A-19.030, F.A.C., (Communications Services Tax Direct Pay Permits), is to: (1) require a permit holder whose permit will expire to file an application for renewal of the permit with the Department; (2) require that direct pay permit holders whose communications services tax certificate of registration has been canceled must surrender their direct pay permit to the Department; (3) clarify that permit holders must issue a copy of their permit to the dealer in lieu of paying the communications services taxes identified on the permit; and (4) clarify how the amount of tax due by permit holders is to be paid to the Department.
The purpose of the proposed amendments to Rule 12A-19.100, F.A.C. (Public Use Forms) is to: (1) adopt, by reference, the new form used by permit holders to renew their direct pay permit; (2) provide which version of Form DR-700016, Florida Communications Services Tax Return, is to be used to report communications services tax on services billed during specified months; and (3) adopt, by reference, revisions to Form DR-700016, Communications Services Tax Return.
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The purpose of the proposed amendments to Rule 12B-5.150, F.A.C. (Public Use Forms), is to adopt, by reference, changes to forms used by the Department in the administration of the taxes imposed on fuels and pollutants
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The purpose of the proposed amendments to Rule 12B-8.003, F.A.C. (Tax Statement; Overpayments), is to adopt, by reference, changes to forms used by the Department in the administration of the insurance premium tax.
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The purpose of the proposed amendments to Rule 12C-1.0187, F.A.C. (Credits for Contributions to Nonprofit Scholarship Funding Organizations), is to incorporate changes to Section 220.187, F.S., as amended by Section 2, Chapter 2006-75, L.O.F., which provides for rescindments of the tax credit for contributions to nonprofit scholarship organizations and removes the limitation on the amount of donation that may be contributed by an entity to such organizations. The proposed amendments remove language that specifically disallowed a rescindment of an allocated credit and provides guidance on the rescindment process and when such rescindments of credit will be approved by the Department. The proposed amendments also provide that, in lieu of a specific threshold requiring taxpayers to file an application for credit against the corporate income tax online, taxpayers who are required to file returns and remit payments by electronic means pursuant to Section 213.755, F.S., and Rule Chapter 12-24, F.A.C., will be required to file the applications online via the Department’s online Internet site.
The purpose of the proposed amendments to Rule 12C-1.0191, F.A.C. (Capital Investment Tax Credit Program), is to provide information and the requirements of the approval process for a new qualifying project that is located in an enterprise zone and brownfield area, as provided in Section 220.191(1)(h)3., F.S., created by Section 1, Chapter 2006-55, L.O.F., for purposes of the capital investment tax credit applied against the corporate income tax.
The purpose of the proposed amendments to Rule 12C-1.051, F.A.C. (Forms), is to adopt, by reference, new forms and changes to the forms used by the Department in the administration of the corporate income tax and to remove obsolete forms no longer used by the Department.
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The purpose and effect of the proposed rule is to limit the styles of beards that are authorized and to provide that employees shall notify in writing their supervisors prior to either growing facial hair or removing previously authorized facial hair.
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The purpose and effect of the proposed rule is to clarify that employees using a personal vehicle while on duty must have automobile insurance to include property or collision coverage in order to seek reimbursement for a deductible claim when the vehicle is damaged while on duty and provide that the deductible reimbursement shall not exceed six hundred dollars.
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To amend 60A-1, Florida Administrative Code, to update the rule that addresses purchasing categories and adjustments thereto. Also, as to all of the above-mentioned rules and forms, to clarify these rules and incorporate additional information regarding current practices and procedures related to purchases made by state offices.
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The purpose and effect of the proposed rule amendments is to provide accurate statutory references for disciplinary authority and procedures.
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The proposed rule amendment is required to comply with federal regulations issued by the Department of Health and Human Services, Administration for Children and Families, to implement the Temporary Assistance for Needy Families (TANF) provisions of the Deficit Reduction Act of 2005. The rule amendment will clarify when a parent or caretaker relative who is totally responsible for the care of a disabled family member is exempt, in accordance with 45 CFR 261.2(n)(2)(i), from mandatory work participation and the time limit under the TANF/Temporary Cash Assistance (TCA) program.
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During the 2006 legislative session (Ch. 2006-227, Laws of Florida), Section 393.065, Florida Statutes, was amended to direct the Agency for Persons with Disabilities to place children with developmental disabilities who are in the child welfare system at the top of the waitlist for Home and Community-Based Services (HCBS) Medicaid waiver after persons deemed to be in a crisis status who shall have the highest priority. The purpose of the proposed rule development is, therefore, to provide a procedure and criteria for enrolling such children on a HCBS waiver.
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The purpose of the proposed rule development is to include the following provisions in the program rule: update and correctly identify the eligible waterways of the District; Update and correctly identify the required forms for the grant application process; and further define the funding eligibility for the small-scale derelict vessel removal.
The effect of the rule development is to implement changes in the administration of the District’s Waterways Assistance Program that will assist the District and program applicants in the review and evaluation of applications submitted pursuant to the rule.
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The purpose of the proposed rule development is to include the following provisions in the program rule: Update and correctly identify the eligible waterways and projects of the District; Update and correctly identify the required forms for the grant application process; and further define the funding eligibility for small-scale derelict vessel removal.
The effect of the rule development is to implement changes in the administration of the District's Waterways Assistance Program that will assist the District and program applicants in the review and evaluation of applications submitted pursuant to the rule.
- Proposed Rules (40)
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The purpose of this Rule is to establish written Policies and Procedures to be followed by the Transportation Department of the Florida School for the Deaf and the Blind.
SUMMARY: This rule establishes guidelines and directives for the Transportation Department of the Florida School for the Deaf and the Blind.
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The purpose of this Rule is to establish the role of the Human Resource Management and Development Department of the Florida School for the Deaf and the Blind.
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This rule addresses maintaining written policies and procedures of quality health services to meet the needs of students served at the Florida School for the Deaf and the Blind.
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The Board proposes the rule amendment to allow for more flexibility in the destruction of controlled substances by permittees.
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The Board proposes the rule promulgation in order to create instructions concerning pharmacies that utilize a common database.
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The Board proposes the promulgation of the rule to provide language for reactivation of retired status licenses.
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The proposed rule amendment clarifies the specific requirements for certification as a 1 and 2 family dwelling inspector.
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The Board proposes the rule amendment to clarify the meaning of “accredited” and to expand who can serve as a qualified supervisor.
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The purpose of the proposed rulemaking is to allow the above five (5) rules in Chapter 62-303, F.A.C., to be re-promulgated as new or revised water quality standards. Because there were no revisions to the sections identified above, they were not noticed in the August 31, 2006, Notice of Proposed Rulemaking or identified at the ERC hearing on September 28, 2006, wherein the ERC adopted the entire Chapter 62-303, F.A.C. as new or revised water quality standards.
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The Agency for Workforce Innovation seeks to amend Rules 60BB-2.032 and 60BB-2.037, Florida Administrative Code rules by prescribing a new form by which employers may designate a power of attorney in tax matters.
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This rule implements Section 215.5586, F.S., by incorporating a pamphlet which contains procedures relating to participation as a Participating Contractor under the Florida Comprehensive Hurricane Damage Mitigation Program.
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The Board proposes the rule amendment to delete language regarding compliance of the requirements of Section 456.031, Florida Statutes.
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The Board proposes the rule amendment to change some of the requirements for earning continuing psychological education credit.
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The Board proposes the rule amendment to implement new legislation.
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The purpose and effect of this rule development is to implement the provisions of Section 456.035, F.S.
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The purpose and effect of this rule development is to limit approved supervisors to those licensees who have not had disciplinary action taken against their licenses.
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In Rule 64B14-4.100, F.A.C., the purpose and effect of the rule development is to provide a more comprehensive description of the elements of approved training for applicants for licensure as orthotists and prosthetists, and to set a limit on the amount of time an intern/resident can practice without a license in the state of Florida. In Rule 64B14-4.110, F.A.C., the purpose and effect of the rule development is to delete references to specific providers of the approved education for orthotic fitter and orthotic fitter assistant candidates, because the previously identified providers have changed titles and other providers are anticipated who will meet the statutory and rule requirements for training programs.
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The proposed rule is intended to implement requirements relating to children/families in need of services, including standards for administering the programs and coordinating services.
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The purpose of the rule amendment is to adopt the revised K-12 reading and language arts standards. The effect will be standards for reading which are in alignment with the current expectations for grades K-12.
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These rules are amended to incorporate the course descriptions for new courses into the “Course Code Directory and Instructional Personnel Assignments” for 2007-2008, and the “2007-2008 Florida Course Descriptions for Grades 6-12/Adult, Basic Education” to include new courses, align teacher certification, and revise the narrative section to reflect recent changes in state laws. The new courses and course descriptions direct school and district personnel by providing the essential content and course requirements for each course in grades 6-12 contained in the “Course Code Directory and Instructional Personnel Assignments” and ensure consistency and alignment with the Sunshine State Standards.
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The purpose of these revisions is to incorporate the revisions required for programs for students with disabilities by the amendments to the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations and to update rule language to reflect current knowledge in the field. The effect of these revisions will be consistency with the federal requirements and current knowledge in the respective fields.
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The purpose of this action is to repeal the rule. Three rules specific to students who are physically impaired with orthopedic impairment, other health impairment, or traumatic brain injury are proposed to replace this rule. The effect will be rules that are streamlined and specific for students with special needs.
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This rule is being repealed because it is obsolete. The authority in this rule is no longer required in order to claim weighted funding for the provision of special education and related services for students with disabilities. This rule gave districts authority to utilize weighted cost factors based on certain categories of exceptionality. Because of the revised Exceptional Student Education/Florida Education Finance Program (ESE/FEFP) funding model instituted by the Florida Legislature in 1998 and the required use of the Matrix of Services form based on students’ individual educational plans (IEP), cost factors are tied directly to the severity of the students’ needs and the intensity of the support required rather than the disability category.
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The purpose of the proposed rule is to amend reporting requirements by which private schools participating in Florida’s K-12 state scholarship programs must submit compliance documentation to the Florida Department of Education. The effect of this rule is to provide consistency to private schools, students, and families during the school year to prevent possible disruptions in private school eligibility, in scholarship payments, and in the provision of educational services to children.
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The purpose of the proposed rule is to clarify administrative procedures and establish requirements for student and nonprofit scholarship-funding organization participation in a scholarship program for children of families with limited financial resources supported by tax credit contributions from eligible taxpayers. The proposed rule also identifies the nationally norm-referenced tests that participating private schools may select to administer annually to assess the academic improvements of scholarship students. The effect will be a rule which is consistent with requirements set forth in statute for the administration and implementation of the scholarship program as authorized by Section 220.187, Florida Statutes.
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The purpose of the proposed rule is to clarify and establish specific student, school, school district, and state requirements for eligibility, participation, and administration of the John M. McKay Scholarships for Students with Disabilities Program. The effect will be a rule which is consistent with requirements set forth in statute for administration and implementation of the program.
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To update the Florida Prepaid College Plan and Florida College Investment Plan New Account Application form and the Master Covenant form by reference.
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To amend the Florida Prepaid College Plan Contract Benefits to permit the use of prepaid benefits for graduate coursework.
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To amend the Florida Prepaid College Plan beneficiary definition to require each beneficiary to have a valid social security number for plan participation.
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To add a rule permitting the transfer of a prepaid college scholarship to any qualified beneficiary who meets the residency requirements at the time of substitution, and to codify the I.R.S. regulations permitting the transfer of a prepaid college scholarship to a qualified beneficiary who is not a member of the family of the original beneficiary.
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To amend the rule to require the applicant and beneficiary for have valid social security numbers to participate in the Florida College Savings Program, and to update the New Account Application effective date and form number.
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To amend the rule by correcting the references to the Florida Statutes which permit the transfer of unclaimed funds to the Florida Prepaid Tuition Scholarship Program.
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The purpose and effect of the proposed rule is to provide that permission to visit shall be denied where an individual’s criminal record demonstrates a release from incarceration for a felony conviction within the last two years, a release from incarceration for felony conviction within the last five years if the individual was incarcerated in the facility in which visitation is requested, a release from incarceration for a misdemeanor conviction within the last one year or termination from community supervision in any jurisdiction within the past one year.
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The purpose and effect of the proposed rule is to amend Form DC6-223, Inmate Telephone Agreement and Number List, to clarify how the form should be used to make additions/changes to the inmate telephone number list.
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The purpose of this rule amendment is to incorporate by reference the revised Florida Medicaid County Health Department Clinic Services Coverage and Limitations Handbook, January 2007. The revised handbook contains updated policies for the services that are provided by county health department clinics. The effect will be to incorporate by reference in the rule the Florida Medicaid County Health Department Clinic Services Coverage and Limitations Handbook, January 2007.
In the Notice of Rule Development that was published on April 14, 2006, we stated that the Florida Medicaid County Health Department Clinic Services Coverage and Limitations Handbook was effective March 2006. We changed the effective date to January 2007.
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The purpose of the proposed rule amendment is to incorporate by reference the revised Florida Medicaid Physician Services Coverage and Limitations Handbook, January 2007. The handbook revisions include policy clarifications and updated billing information. The effect will be to incorporate by reference in the rule the Florida Medicaid Physician Services Coverage and Limitations Handbook, January 2007.
In the Notice of Rule Development that was published on March 31, 2006, we stated that the Florida Medicaid Physician Services Coverage and Limitations Handbook was effective January 2006. We changed the effective date to January 2007.
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The purpose and effect of the proposed rule amendment will be to create consistency between the continuing education monitoring requirements of the Asbestos Licensing Unit Rules and those requirements of Section 455.2177(1), Florida Statutes.
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This technical change to Rule 61K1-1.001, F.A.C., updates the rule to reflect a statutory change that brings amateur boxing within the regulatory scope of the Florida State Boxing Commission as required by Section 548.006, Florida Statutes.
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Chapter 65E-5, Florida Administrative Code, is being amended to comply with the new Chapter 2006-171, Laws of Florida, (amends Chapter 394, Part I, the Baker Act) which adds mental health counselors, and marriage and family therapists to certain sections of the Act. The amendments to Chapter 65E-5, Florida Administrative Code, are being proposed to bring it into compliance with Chapter 2006-171, Laws of Florida.
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The purpose of this proposed rule amendment is to amend the boundaries of the Villages of Westport Community Development District (“CDD”) pursuant to Chapter 190, F.S.
- Petitions and Dispositions Regarding Rule Variance or Waiver (26)
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Granting a Petition for Variance
NAME OF THE PETITIONER: Amber Garden, LLC
DATE PETITION WAS FILED: September 15, 2006
RULE NUMBER AND NATURE OF THE RULE FROM WHICH THE WAIVER OR VARIANCE IS SOUGHT: Rule 67-48.002(83) and Paragraph 10 of the 2006 Qualified Allocation Plan, Florida Administrative Code
REFERENCE TO THE PLACE AND DATE OF THE PUBLICATION OF THE NOTICE OF PETITION:
Florida Administrative Weekly, September 29, 2006, Vol. 32, No. 39
THE DATE THE BOARD OF DIRECTORS OF FLORIDA HOUSING FINANCE CORPORATION ORDER APPROVED THE VARIANCE OR WAIVER:
October 20, 2006
THE GENERAL BASIS FOR THE DECISION
The purpose of the underlying statute is to make loans to Eligible Housing Providers and Eligible Home Buyers for the construction of affordable housing. The waiver will further this purpose.
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NAME OF THE PETITIONER: BHG-79TH ST., LLC
DATE PETITION WAS FILED: September 19, 2006
RULE NUMBER AND NATURE OF THE RULE FROM WHICH THE WAIVER OR VARIANCE IS SOUGHT: 67-48.004(14)(j) and 67-48.004(I), Florida Administrative Code
REFERENCE TO THE PLACE AND DATE OF THE PUBLICATION OF THE NOTICE OF PETITION:
Florida Administrative Weekly, September 29, 2006, Vol. 32, No. 39
THE DATE THE BOARD OF DIRECTORS OF FLORIDA HOUSING FINANCE CORPORATION ORDERED THE FILE CLOSED:
October 20, 2006
THE GENERAL BASIS FOR THE DECISION
The purpose of the underlying statute is to make loans to Eligible Housing Provders and Eligible Home Buyers for the construction of affordable housing. The waiver will further this purpose.
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Granting a Petition for Waiver or Variance
NAME OF THE PETITIONER: BHG-79TH ST., LLC
DATE PETITION WAS FILED: September 19, 2006
RULE NUMBER AND NATURE OF THE RULE FROM WHICH THE WAIVER OR VARIANCE IS SOUGHT: Paragraph 11 of the 2005 Qualified Allocation Plan; Florida Administrative Code (2005)
REFERENCE TO THE PLACE AND DATE OF THE PUBLICATION OF THE NOTICE OF PETITION:
Florida Administrative Weekly, September 29, 2006, Vol. 32, No. 39
THE DATE THE BOARD OF DIRECTORS OF FLORIDA HOUSING FINANCE CORPORATION ORDERED THE FILE CLOSED:
October 20, 2006
THE GENERAL BASIS FOR THE DECISION
The purpose of the underlying statute is to make loans to Eligible Housing Providers and Eligible Home Buyers for the construction of affordable housing. The waiver will further this purpose.
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NAME OF THE PETITIONER: Pinnacle Park, Ltd.
DATE PETITION WAS FILED: August 23, 2006
RULE NUMBER AND NATURE OF THE RULE FROM WHICH THE WAIVER OR VARIANCE IS SOUGHT: 67-48.004(14)(j), and 67-48.004(14)(k)relating to RFP 2006-04 SAIL Loan Program, Florida Administrative Code
REFERENCE TO THE PLACE AND DATE OF THE PUBLICATION OF THE NOTICE OF PETITION:
Florida Administrative Weekly, September 8, 2006, Vol. 32, No. 36
THE DATE THE BOARD OF DIRECTORS OF FLORIDA HOUSING FINANCE CORPORATION ORDER APPROVED THE VARIANCE OR WAIVER:
October 20, 2006
THE GENERAL BASIS FOR THE DECISION
The purpose of the underlying statute is to make loans to Eligible Housing Providers and Eligible Home Buyers for the construction of affordable housing. The waiver will further this purpose.
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waiver or variance of Rule 64B6-8.003(8), F. A. C. with respect to the Board's trainee stages, minimum training requirements, and training programs from James Daniel Clark.
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The Petition for Waiver and/or Variance was filed by Abiodun A. Odeleye, M.D., on March 2, 2005, seeking a waiver or variance from Rule 64B8-5.001, F.A.C., with regard to the time frames imposed for passage of the USMLE. The Notice was published in Volume 31, No.11, of the Florida Administrative Weekly, on March 18, 2005. The Credentials Committee, at its meeting held on May 21, 2005, recommended that Petitioner’s request for waiver or variance be granted. The Board, at its meeting held on June 4, 2005, accepted the Committee’s recommendation and voted to grant the Petition for Waiver finding that the Petitioner demonstrated a substantial hardship and met the purpose of the underlying statute.
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a waiver or variance of Rule 61J2-10.034, F. A. C. with respect to the use of Trade names, filed by Allen R. Grossman, Esq, on behalf of Trammell Crow Specialty Realty, Inc.
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Variance of Rule 9I-35.006, Florida Administrative Code from Liberty Center III, Ltd. (“Petition”). The Petition is seeking a variance of the requirement which imposes certain conditions on mortgage loans issued by the Corporation under the SAIL program
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Variance of Rule 67-48.002(83), Florida Administrative Code and Paragraph 11 of the Qualified Allocation Plan from MerryPlace at Pleasant City Associates, Ltd. (“Petition”). The Petition is seeking a variance of the prohibition on returning Housing Credits only in the last calendar quarter of the year in which a development is required to be placed in service, an allocation to be made for the year after the Placed-in-Service Date.
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The Florida Real Estate Appraisal Board hereby gives notice that it has issued an Order on the Petition for Variance/Waiver, which was filed on May 9, 2006 by Ben Faulk. The Notice of Petition for Variance/Waiver was published in Volume 32, No. 22, of the June 2, 2006, Florida Administrative Weekly. The Petitioner sought a Variance/Waiver with regard to requirements under Rule 61J1-6.001, F.A.C., entitled “Experience Requirement,” governing how to account for appraiser experience. His verification submitted was from a former, not current, supervisor. The Florida Real Estate Appraisal Board considered the Petition at its meeting held on August 7, 2006, in Orlando, Florida. The Board's Order, filed on August 22, 2006, denied the Petition for waiver of Rule 61J1-6.001, F.A.C., finding that Petitioner failed to demonstrate evidence of a substantial hardship, or a violation of the principle of fairness or that the underlying purposes of the relevant statutes will be or have been achieved by other means.
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The Board of Podiatric Medicine hereby gives notice that it has issued an Order on the Petition for Variance/Waiver, which was filed on August 16, 2006 on behalf of Hernan Alamilla, D.P.M., a licensed Podiatrist in the State of New York. The Notice of Petition for Variance/Waiver was published in Volume 32, No. 35, of the September 1, 2006, Florida Administrative Weekly. The Petitioner sought a waiver of Rule 64B18-11.001, entitled “Application for Licensure,” and Rule 64B18-11.002, F.A.C, entitled “Examination for Licensure,” requiring that he take and pass all of Part One, Two and Three of the Board’s approved licensure exam (“NBPME”). The Board of Podiatric Medicine considered the Petition at its meeting held on September 15, 2006, in Orlando, Florida. The Board=s Order, filed on October 13, 2006, denied the Petition for waiver of Rule 64B18-11.001 and Rule 64B18-11.002, F.A.C., finding that Petitioner failed to present appropriate evidence of a substantial hardship or to demonstrate a violation of any principles of fairness.
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The Board’s Order, filed on October 16, 2006, grants the Petition for Variance or Waiver, finding that Petitioner has met the requirements of Section 120.542(2) of the Florida Statutes. Specifically, Petitioner has demonstrated that denial of the waiver would cause a substantial hardship unique to him since the Petitioner is the only applicant who passed the August, 1993 Florida licensing examination and received correspondence from the Division of Medical Quality Assurance instructing him that he could pay the initial fee and active his license at a later date. Based upon the foregoing, the Board determined that Petitioner is eligible for a waiver or variance of Section 64B18-11.001 and 64B18-11.002, F.A.C.
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Waiver of Rule 67-48.004(1)(a), Florida Administrative Code from McCurdy Center, Ltd. (“Petition”). The Petition is seeking a waiver of the requirement of a bathtub with shower in at least one bathroom in at least 90% of the new construction non-Elderly units.
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Waiver of Rule 67-48.004(14), Florida Administrative Code from Pinnacle Square, Ltd. (“Petition”). The Petition is seeking a waiver of the prohibition of changing the total number of units, and a change in the funding request amount.
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Juliette Demma, seeking a variance or waiver of Rule 61H1-27.002(3), Florida Administrative Code, and the requirement that all accounting courses and not less than 21 semester hours of general business courses required for licensure as a C.P.A. be at the upper division level.
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Waiver from Charles Kline of paragraph 11B-20.0016(1)(c), F.A.C., pursuant to Section 120.542, F.S. Petitioner has requested that the Department waive the electronic transmission requirement for instructor certification and backdate his certification from September 6, 2006, to August 4, 2006.
Comments on this Petition should be filed with: the Office of General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida 32302, Attention: Assistant General Counsel, Grace A. Jaye
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variance from Florida Department of Transportation, District 5. Under Section 120.542 of the Florida Statutes, the petitioner is seeking a variance from subparagraph 40C-41.063 (1)(c)1., F.A.C., and Section 11.1.3 of the Applicant’s Handbook: Management and Storage of Surface Waters (February 1, 2005) (A.H.), with respect to Environmental Resource Permit (ERP) Application 4-009-98863-1. The permit applicant is proposing to widen a segment of I-95 to six lanes by adding pavement and shoulders in the median, rebuilding the Wickham Road interchange, and widening the overpass at Lake Washington Road, as well as expanding the existing surface water management system, including wet detention ponds that discharge into the Melbourne-Tillman Water Control District canal system, in Brevard County. Subparagraph 40C-41.063 (1)(c)1., F.A.C., and Section 11.1.3., A.H., prohibit the construction, operation, and maintenance of a surface water management system in the Upper St. Johns River Hydrologic Basin that results in an increase in the amount of water being diverted from the Basin to coastal receiving waters. These rules are intended to protect the water resources of the State by limiting discharges of fresh water to estuarine waters and curtailing interbasin diversion.
Comments on this petition should be filed with: Robert Nawrocki, District Clerk, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, within 14 days of publication of this notice. The petition has been assigned F.O.R. Number 2006-101.
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Variance from ASME A.17.1, Sections 2.1.3.1.2(b)(1), and ASME A17.2, Section 2.29.2, as adopted by Chapter 3001.2, 2004 Florida Building Code which prohibits locating the elevator motor in the hoistway, require hands-on access to the governor and convenient, direct line-of-sight visual contact with the drive sheave. The petition was received from Steve Powell of KONE Inc., requesting a variance to allow the installation of MonoSpace® elevator systems in the following location: BCBE Corporate Office Building, Naples (Petition VW 2006-277).
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Variance from ASME A.17.1, Sections 2.1.3.1.2(b)(1), and ASME A17.2, Section 2.29.2, as adopted by Chapter 3001.2, 2004 Florida Building Code which prohibit the locating the elevator motor in the hoistway, require hands-on access to the governor and convenient, direct line-of-sight visual contact with the drive sheave. The petition was received from Steve Powell of KONE Inc., requesting a variance to allow the installation of MonoSpace® elevator systems in the following location: Lee County Justice Center Expansion, Phase VI Tower, Fort Myers (Petition VW 2006-278).
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Variance from 101.2, A.S.M.E. 17.1, 1996 Edition with 1998 Addenda, as adopted by Chapter 3001.2, 2000 Florida Building Code, prohibiting machinery or equipment not used in conjuncture with the elevator in machine rooms. The petition was received from William Snyder of Florida Certified Elevator Inspections, Inc., on behalf of Embassy Suites Hotel located in Tampa, Florida (Petition VW 2006-282).
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a Routine Variance for subsections 61C-4.0101(1) and 61C-4.010(6), Florida Administrative Code, from B.J. Albanes Food Services located in Orlando. The above referenced F.A.C. addresses food supplies, food protection, and physical facilities-except as specifically provided in this rule, public food service establishments shall be subject to the provisions of chapter three and chapter six of the FDA Food Code. They are requesting to do open air food service on three Mobile Food Dispensing Vehicles.
This variance request was approved October 25, 2006 and is contingent upon the Petitioner’s use of open-air steam table properly covered and air curtain operating properly according to manufacturer’s specifications and Section 6-202-15(D)(2), 2001 FDA Food Code, as to expel possible contaminants and vermin. Approval is also contingent upon Petitioner conducting all re-heating for hot holding at approved commissaries to the proper temperature per Section 3-403.11, 2001 FDA Food Code; and potentially hazardous food is held at proper temperatures according to Section 3-501.16, 2001 FDA Food Code.
The Petitioner shall strictly adhere to subsection 61C-4.0161(c), Florida Administrative Code, and report to the commissary at least once daily when operating. All warewashing is to be conducted at the commissary and strict adherence to employee health guidelines as specified in the Section 2-201, 2001 FDA Food Code, are to be followed. Petitioner shall also use a potable water tank and utilize a wastewater holding tank that is at least 15% larger than the potable water holding tank; and sloped to a drain that is 1 inch in inner diameter or greater, equipped with a shut-off valve. Petitioner must receive potable water from an approved source with written documentation provided and sanitize the fresh water and wastewater tanks at least once every 24 hours.
Copies of the variance and operating procedures are to be present on the MFDV at all times of operation and shall be adhered to as approved by the Division. This variance is not transferable under any conditions. All provisos must be complied prior to final approval and licensing. Any violation of the variance is the equivalent of a violation of the rule and may result in a rescission of the variance, and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
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a Routine Variance for paragraph 61C-1.004(1)(d), subsection 61C-4.010(5) and paragraph 61C-4.010(7)(e), Florida Administrative Code, from B & S Dockside Grill located in Palmetto. The above referenced Florida Administrative Codes specifically address the proper disposal of sewage and adequate bathroom facilities for fixed establishments. This establishment is currently licensed as a Mobile Food Dispensing Vehicle, but is requesting to operate as a fixed establishment with seating.
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a Routine Variance for subsections 61C-4.0101(1) and 61C-4.010(6), Florida Administrative Code, from Fiallos Catering located in Orlando. The above referenced F.A.C. addresses food supplies, food protection, and physical facilities-except as specifically provided in this rule, public food service establishments shall be subject to the provisions of chapter three and chapter six of the FDA Food Code. They are requesting to do open air food service on three Mobile Food Dispensing Vehicles.
This variance request was approved October 30, 2006 for the two (2) MFDVs and is contingent upon the Petitioner’s use of open-air steam table properly covered and air curtain operating properly according to manufacturer’s specifications and Section 6-202-15(D)(2), 2001 FDA Food Code, as to expel possible contaminants and vermin. Approval is also contingent upon Petitioner conducting all re-heating for hot holding at approved commissaries to the proper temperature per Section 3-403.11, 2001 FDA Food Code; and potentially hazardous food is held at proper temperatures according to Section 3-501.16, 2001 FDA Food Code.
The Petitioner shall strictly adhere to subsection 61C-4.0161(c), Florida Administrative Code, and report to the commissary at least once daily when operating. All warewashing is to be conducted at the commissary and strict adherence to employee health guidelines as specified in the Section 2-201, 2001 FDA Food Code, are to be followed. Petitioner shall also use a potable water tank and utilize a wastewater holding tank that is at least 15% larger than the potable water holding tank; and sloped to a drain that is 1 inch in inner diameter or greater, equipped with a shut-off valve. Petitioner must receive potable water from an approved source with written documentation provided and sanitize the fresh water and wastewater tanks at least once every 24 hours.
Copies of the variance and operating procedures are to be present on the MFDVs at all times of operation and shall be adhered to as approved by the Division. This variance is not transferable under any conditions. All provisos must be complied prior to final approval and licensing. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance, and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
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an Emergency Variance for paragraph 61C-4.010(7)(e), Florida Administrative Code, from Hermon Cake International located in Miami. The above referenced F.A.C. states public food service establishments which seat 10 persons or less shall be required to provide a minimum of one bathroom accessible to the public. The Petitioner is requesting to use the one existing bathroom facility but have seating for twenty (20) people.
This variance request was approved October 30, 2006 and is contingent upon Petitioner ensuring the public bathroom inside of Hermon Cake International is functional, has hot and cold running water at all times, provided with soap and an approved method to dry hands, and kept in a clean and sanitary manner. Seating shall not exceed twenty (20) which includes inside and outside seating. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance, and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
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an Emergency Variance for paragraph 61C-4.010(7)(e), Florida Administrative Code from Hermon Cake International located in Miami. The above referenced F.A.C. states public food service establishments which seat 10 persons or less shall be required to provide a minimum of one bathroom accessible to the public. The Petitioner is requesting to use the one existing bathroom facility but have seating for twenty (20) people.
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an Emergency Variance for paragraph 61C-4.010(7)(e), Florida Administrative Code from I Love Calle 8 Café & Shop located in Miami. The above referenced F.A.C. states public food service establishments which seat 10 persons or less shall be required to provide a minimum of one bathroom accessible to the public. The Petitioner is requesting to use the one existing bathroom facility but have seating for Twenty (20) people.
This variance request was approved October 25, 2006 and is contingent upon Petitioner ensuring the public bathroom inside of I Love Calle Ocho Café & Shop is functional, has hot and cold running water at all times, provided with soap and an approved method to dry hands, and kept in a clean and sanitary manner. Seating shall not exceed twenty (20) which includes inside and outside seating. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance, and subject the Petitioner to disciplinary sanctions as enumerated in Sec. 509.261, Florida Statutes.
- Notices of Meetings, Workshops and Public Hearings (60)
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Matters of the East Central Florida Regional Planning Council Board; Wednesday, November 15, 2006 at 10:00 a.m.; 631 North Wymore Road, Suite 100
Maitland, FL 32751
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Matters of the Executive Board of the ECFRPC; Monday, November 13, 2006 at 8:00 a.m.; Hyatt Regency, Hemisphere Restaurant, at Orlando International Airport
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The Governor and Cabinet, sitting as the Power Plant Siting Board, will consider an Order, to be executed by the Siting Board, pursuant to the Florida Electrical Power Plant Siting Act, Section 403.501, et seq., Florida Statutes, concerning the Recommended Order dated August 31, 2006, from the Administrative Law Judge, for the Seminole Electric Cooperative, Seminole Generating Station, Unit 3, Power Plant Siting Application Number PA 78-10A2, DOAH Case Number 06-0929EPP, DEP OGC Case Number 06-0780, recommending that the project and its site be found consistent with and in compliance with local land use plans and zoning ordinances.
CABINET AIDES BRIEFING: The Cabinet Aides will meet and discuss the item on November 29, 2006, 9:00 a.m., in the same location. The purpose of the briefing is to review and gather information regarding this item for consideration by the Siting Board.; December 5, 2006, 9:00 a.m.; Florida State Capitol Building, 400 South Monroe Street, lower level, Cabinet Hearing Room, Tallahassee, Florida.
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This is the Final Public Hearing on the adoption of proposed new Rule 69O-207.002, Electronic Filing, Florida Administrative Code, published on August 18, 2006 in Vol. 32, No. 33, of the Florida Administrative Weekly. No notice of change was published.
THE FULL TEXT OF THE PROPOSED RULE IS:
69O-207.002 Electronic Filing
Financial reports, associated filings and related correspondence for the following specialty insurers shall be submitted electronically to https://iportal.fldfs.com:
(1) Legal Expense Insurance Corporations,
(2) Insurance Administrators,
(3) Viatical Settlement Providers,
(4) Life Expectancy Providers,
(5) Premium Finance Companies,
(6) Motor Vehicle Service Agreement Companies,
(7) Home Warranty Associations,
(8) Service Warranty Associations,
(9) Service Warranty Manufacturers, and
(10) Continuing Care Retirement Providers.
Specific Authority: 624.308, 624.424, 626.89, 626.9913, 626.99175, 627.836, 634.137, 634.313(5), 634.415, 651.026, FS. Law Implemented: 626.89, 626.9913, 626.99175, 627.838, 634.137, 634.313, 634.415, 642.0301, 642.0331(1)(a)(b), 651.026, FS. History – New _______.
; December 5, 2006 at 9:00 a.m.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
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The primary objectives of this sixth meeting of the Council will be continuing business of the Council's legislative mandate.; November 13, 2006, 9:00 a.m. - 4:00 p.m.; Department of Business and Professional Regulation Board Room, 1940 N. Monroe Street, Tallahassee, FL 32399
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The primary objectives of this seventh meeting of the Council will be continuing business of the Council's legislative mandate.
At this time we are requesting that those individuals wishing to testify to please notify and coordinate with Fred Wollet, at 850-922-4637, in advance of the meeting.; November 21, 2006, 9:00 a.m. - 4:00 p.m.; Department of Business and Professional Regulation Board Room, 1940 N. Monroe Street, Tallahassee, FL 32399
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The 4th Quarterly Meeting of the Florida Commission on the Status of Women; November 14, 2006, 9:45 a.m. - 4:00 p.m.; Tallahassee Community College Capitol Center, 300 W Pensacola St, Tallahassee, FL 32301
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Administrative Law Judge J. Lawrence Johnston will conduct a hearing consider the environmental effects and any other appropriate matters regarding whether to approve the site certification of the proposed Seminole Generating Station Unit 3 application for site certification number PA 78-10A2, DOAH Case number 06-0929EPP, DEP Office of General Counsel Case Number 06-0780, pursuant to the Florida Electrical Power Plant Siting Act, ss. 403.501-518, Florida Statutes. Judge Johnston will prepare a Recommended Order for submission to and final action by the Governor and Cabinet acting as the Siting Board, based on the hearings. Pursuant to ss. 403.508(4), F.S., any person wishing to become a party to the proceedings should file a Motion to Intervene with Administrative Law Judge J. Lawrence Johnston, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, at least 30 days prior to the hearing.; January 9, 2006, at 1:00 p.m., continuing as necessary on January 10, 2006, at 9:00 a.m. through January 12, 2006.; Roy C. Campbell Civic Center, Auditorium, Ravine Gardens State Park, 1600 Twigg Street, Palatka, FL 32177
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Matters pertaining to the Florida School for the Deaf and the Blind, including a Public Hearing on Rules 6D-9.007 Health Care Policies, 6D-14.002 Transportation Policies and Procedures and 6D-16.002 Human Resources Management and Development.; Saturday, December 9, 2006 9:00 a.m.; Center for Leadership Development, Moore Hall, FSDB campus,
St. Augustine, Florida
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Scheduled Meeting of the MFAAA Board of Directors to review and approve applications for funding.
The Board will review and discuss applications submitted by qualified organizations to provide services under the Older Americans Act for the program period January 1, 2007 through December 31, 2007. Based upon its deliberations, the Board will take formal action to fund or withhold funding of each of the respective applications. The Board will authorize contract awards for those applications that it has taken formal action to fund.
Should any person wish to appeal any decision with respect to any matter considered at the above-referenced meeting, he/she may need to ensure verbatim recording of the proceeding in order to provide a record for judicial review. Persons with disabilities should contact the MFAAA at least 48 hours prior to the meeting in order to request any special assistance.
; November 29, 2006, 10:00 a.m.; MFAAA Board Room, 5700 SW 34th Street, Suite 222, Florida Farm Bureau Building, Gainesville, Florida
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Fertilizer Technical Council Meeting; Tuesday, December 5, 2006, 10:00 a.m.
; Bob Crawford Agricultural Center, Bldg. A, 615 East Main Street, Bartow, Florida 33830
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Proposal to adopt rule 62-730.186 into the Florida Administrative Code. The proposed rule concerns regulation of hazardous pharmaceutical waste as universal waste in Florida. A notice of proposed rulemaking was published in the FAW on September 15, 2006. The hearing was originally scheduled for October 26, 2006. A copy of the rule can be obtained by contacting: Julie Rainey, DEP, MS 4560, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; (850)245-8713; julie.c.rainey@dep.state.fl.us.; December 5, 2006, 9:00 a.m.; Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida
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To conduct the regular business of the Nominating Committee.; November 20, 2006 at 12:00 p.m.; North Central Florida Regional Planning Council Office, 2009 NW 67 Place, Suite A, Gainesville, Florida.
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This Snook Workgroup Meeting will concern the snook stock asessment and potential future management options.; January 10, 2007 from 8:00am to 5:30 pm.; International Game and Fish Association Fishing Hall of Fame and Museum 300 Gulf Stream Way, Dania Beach, FL 33004.
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This will be a meeting for the Examining Committee Curriculum Workgroup.; November 20, 2006, 3:00 p.m. - 5:00 p.m.; Callers within Tallahassee and outside Tallahassee: 1(888)808-6959. When prompted, enter Conference Code number 4142381 followed #
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This will be a meeting for the Examining Committee Curriculum Workgroup.; November 30, 2006, 3:00 p.m. - 5:00 p.m.; Callers within Tallahassee and outside Tallahassee: 1(888)808-6959. When prompted, enter Conference Code number 4142381 followed by #
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The Department of Agriculture and Consumer Services announces the cancellation of Wood Destroying Organism Workshop for Proposed Rule Development 5E-14 Entomology-Pest Control Regulations, which appeared in the October 27, 2006 issue of the FAW, Vol. 32, No. 43.
Specifically, the November 16, 2006 workshop scheduled at the Mid Florida Research and Education Center, 2725 Binion Road, Apopka, Florida, is hereby cancelled. If necessary, a new meeting will be announced at a later date
; NOTICE OF CANCELLATION – November 16, 2006; Mid Florida Research and Education Center, 2725 Binion Road, Apopka, Florida,
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Florida Agriculture in the Classroom, Inc., Board of Directors; Tuesday, November 14, 2006, 10:00 a.m. – 2:00 p.m.; Florida Fruit and Vegetable Association (near Orlando), 800 Trafalgar Court, Maitland, FL 32794
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The quarterly meeting of the FCAAS Board will be held to discuss ongoing development and administration of the FACTS.org project.; November 15, 2006, 9:30 a.m. – 2:00 p.m.; Ralph Turlington Building, Conference Room 1704/06, 325 West Gaines Street, Tallahassee, Florida 32399
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The Florida Schools of Excellence Commission Sub-committee will be holding a conference call to discuss policy considerations regarding the possible local education authority (LEA) status of the Florida Schools of Excellence Commission.
; November 21, 2006, 12:00 Noon – 1:00 p.m.; Conference Call: 1(888)808-6959, Conference Code: 2459620. If you are unable to call in you may participate at 325 W. Gaines Street, Conference Room 724, Tallahassee, Florida 32399 to listen to the meeting.
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The Florida Schools of Excellence Commission Executive Director Search Sub-committee will be holding a conference call to discuss the executive director application process.; November 21, 2006, 2:00 p.m. – 4:00 p.m.; Conference Call: 1(888)808-6959, Conference Code: 2459620. If you are unable to call in you may participate at 325 W. Gaines Street, Conference Room 724, Tallahassee, Florida 32399 to listen to the meeting.
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The Florida Schools of Excellence Commission will be holding a conference call to discuss and approve the National Association of Charter School Authorizers (NACSA) co-sponsor application.; November 21, 2006, 10:00 a.m. – 12:00 Noon; Conference Call: 1(888)808-6959, Conference Code 2459620. If you are unable to call in you may participate at 325 W. Gaines Street, Conference Room 724, Tallahassee, Florida 32399 to listen to the meeting.
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To determine if probable cause exists to proceed with possible disciplinary action.; December 5, 2006, 1:00 p.m. – Open; Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
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Florida property tax structure and procedures; public testimony regarding property taxation in Florida.; November 17, 2006, 10:00 a.m. – 5:00 p.m.; Hillsborough County Commission Chambers, County Center, 2nd Floor, 601 East Kennedy Blvd., Tampa, Florida
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The Work Program Public Hearings are being conducted pursuant to Chapter 120 and Section 339.135(4)(d), Florida Statutes, and Title VI, and Title VIII of the United States Civil Rights Acts of 1964 and 1968.
; Tuesday, December 5, 2006, 5:00 p.m. – 7:00 p.m.; Pasco County Government Center, Board of County Commission Chambers, 7530 Little Road, New Port Richey, Florida 34654
DATE AND TIME: Thursday, December 7, 2006, 5:00 p.m. – 7:00 p.m.
PLACE: Florida Department of Transportation, District Seven Auditorium, 11201 N. McKinley Drive, Tampa, Florida 33612
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This hearing is being held to allow persons an opportunity to express their views concerning the location, conceptual design, and social, economic, and environmental impacts of the Design Change Reevaluation of the Project Development and Environment (PD&E) Study completed in 1994 for U.S. 41 (Venice Bypass) in Venice, from Center Road to south of U.S. 41 Business North. Financial Project ID Number 198017-2-32-01. The proposed improvements to U.S. 41 (Venice Bypass) consist of upgrading the existing four-lane roadway to a six-lane divided urban roadway from Center Road to Bird Bay Drive. This project is located partially in the City of Venice and partially in Sarasota County.; December 7, 2006, Open House 6:00 p.m.; Public Hearing 7:00 p.m.; Venice Community Center, 326 S. Nokomis Avenue, Venice, Florida
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The hearing will consist of a presentation by the Department on the FDOT Tentative Five Year Work Program for fiscal years 2007/2008 through 2011/2012, followed by a public testimony period. This public hearing is being conducted pursuant to Section 339.135(4)(c), Florida Statutes, as amended. At the hearing, the public is invited to review the District One Tentative Five Year Work Program. Department staff will be available prior to and immediately following for information discussion and assistance. A court reporter will be available to accept public comments, if desired, for entry into the public record.; Wednesday, December 13, 2006, 9:30 a.m.; Bob Crawford Agricultural Center, 605 East Main Street, Bartow, Florida 33830
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Regularly Scheduled Meeting for all Parole, Conditional Release, Conditional Medical Release, Addiction Recovery and Control Release matters as well as other Commission business.; Wednesday, November 29, 2006, 9:00 a.m.; Florida Parole Commission, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida
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The purpose of this prehearing conference is to: (1) simplify the issues; (2) identify the positions of the parties on the issues; (3) consider the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) identify exhibits; (5) establish an order of witnesses; and (6) consider such other matters as may aid in the disposition of the action.
HEARING
DATE AND TIME: Wednesday, January 10, 2007, 9:30 a.m.
PLACE: Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida
GENERAL SUBJECT MATTER TO BE CONSIDERED: The purpose of this hearing is for the Commission to take final action to determine the need, pursuant to Section 403.519, Florida Statutes, for Florida Municipal Power Agency, JEA, Reedy Creek Improvement District, and City of Tallahassee (collectively, the “Participants”) proposed electrical power plant to be constructed in Taylor County and to consider 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 Florida Municipal Power Agency, JEA, Reedy Creek Improvement District, and City of Tallahassee to present evidence and testimony in support of its petition for a determination of need for its proposed electrical power plant; (2) permit any intervenors to present testimony and exhibits concerning this matter; (3) permit members of the public who are not parties to the need determination proceeding the opportunity to present testimony concerning this matter; and (4) allow for such other purposes as the Commission may deem appropriate.
Any member of the public who wishes to offer testimony should be present at the beginning of the hearing. 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. 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, Florida Administrative Code.
Only issues relating to the need for the electrical power plant will be heard at the January 10, 2007, hearing. Separate public hearings will be held before the Division of Administrative Hearings to consider environmental and other impacts of the proposed power plant, as required by the “Power Plant Siting Act,” Sections 403.501-.519, Florida Statutes.
Any person requiring some accommodation at the prehearing conference or hearing because of a physical impairment should call the Division of Commission Clerk and Administrative Services, (850)413-6770 at least 48 hours prior to the particular event. If you are hearing or speech impaired, please contact the Florida Public Service Commission by using the Florida Relay Service, 1(800)955-8771 (TDD).
; Thursday, December 21, 2006, 9:30 a.m.; Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida
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To conduct the regular business of the Executive/Budget Committee.
MEETING: Tampa Bay Regional Planning Council
DATE AND TIME: Monday, December 11, 2006, 10:00 a.m.
GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct the regular business of the Tampa Bay Regional Planning Council.
MEETING: TBRPC Legislative Committee
DATE AND TIME: Monday, December 11, 2006, 11:30 a.m.
GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct the regular business of the TBRPC Legislative Committee.
MEETING: Agency On Bay Management
DATE AND TIME: Thursday, December 14, 2006, 9:00 a.m.
GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct the regular business of the Agency On Bay Management.
MEETING: Clearinghouse Review Committee
DATE AND TIME: Monday, December 18, 2006, 9:30 a.m.
GENERAL SUBJECT MATTER TO BE CONSIDERED: To conduct the regular business of the Clearinghouse Review Committee
; Monday, December 11, 2006, 9:00 a.m.; 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33782 (Please call to confirm date, time and location.)
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To conduct a meeting of the Florida District VIII LEPC and discuss and implement provisions of the Emergency Planning and Community Right-to-Know Act (EPCRA).; Wednesday, November 29, 2006, 10:30 a.m.; Tampa Bay Regional Planning Council, 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33782-6136
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The Building Committee will interview qualified contractors for Council’s office building project.; November 17, 2006, 1:30 p.m. – 5:00 p.m.; Grace Wolfe Building, 421 Camden Avenue, Stuart, FL 34994
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Marketing Committee meeting.; Tuesday, November 21, 2006, 2:00 p.m.; The Main Conference Room, SFRTA’s Administrative Offices, 800 N. W. 33rd Street, Pompano Beach, FL 33064
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To consider the Commission’s 2007 legislative proposals.; Monday, November 20, 2006, 1:00 p.m.; Ethics Commission Conference Room, 3600 Maclay Boulevard South, Suite 201, Tallahassee, Florida
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additional Proposed Rule Development Workshop on Chapter 40E-2 Consumptive Use, to discuss allocation of water from the regional system.; November 30, 2006, 1:00 p.m. – 3:00 p.m; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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additional Proposed Rule Development Workshop on Chapter 40E-8 Minimum Flows and Levels, to discuss allocation of water from the regional system.; November 30, 2006, 1:00 p.m. – 3:00 p.m.; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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an additional Proposed Rule Development Workshop on Chapter 40E-20 General Water Use Permits, to discuss allocation of water from the regional system.
; November 30, 2006, 1:00 p.m. – 3:00 p.m.; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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This meeting is being held to afford interested persons the opportunity to express their views concerning the development of Choice Counseling as a part of Florida Senior Care. Section 409.912(5), Florida Statutes, mandates the Agency for Health Care Administration, in consultation with the Department of Elder Affairs, to create an “integrated, fixed-payment delivery system for Medicaid recipients who are 60 years of age or older. The Agency for Health Care Administration shall implement the integrated system initially on a pilot basis in two areas of the state.” This proposed managed integrated long-term care program will be implemented in the following areas of the state upon Legislative approval: The Panhandle Pilot Area- Escambia, Santa Rosa, Okaloosa and Walton Counties; and the Central Florida Pilot Area- Seminole, Orange, Brevard and Osceola Counties.; Tuesday, November 28, 2006, 1:00 p.m. – 4:00 p.m. (Central); First United Methodist Church, Wright Place, 6 East Wright Street, Pensacola, FL 32502
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This is a Re-advertisement to notice that these meetings will be held telephonically to establish a quorum and to allow public participation
Wireless 911 Board meeting.
DATES AND TIME: December 13-14, 2006, 9:00 a.m. – 5:00 p.m.
PLACE: Disney Coronado Hotel, Orlando, FL, Conference #: 1(888)808-6959, Conference Code: 4149636
GENERAL SUBJECT MATTER TO BE CONSIDERED: Wireless 911 Board meeting.
; November 15-16, 2006, 9:00 a.m. – 5:00 p.m.; Jupiter Beach Hotel, Jupiter Beach, FL, Conference #: 1(888)808-6959, Conference Code: 4149636
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Official general business meeting. To conduct general business meeting of the Board.; Wednesday, December 13, 2006, 10:00 a.m. (EST) or soon thereafter; Homewood Suites Tallahassee, 2987 Apalachee Parkway, Tallahassee, Florida 32301
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General Board and Business meeting.; December 1, 2006, 2:00 p.m.; Access Phone #: 1(888)808-6959, Conference Code # 9218690
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General Business meeting.; December 5, 2006, 8:00 a.m.; Hampton Inn & Suites, 19 South Second Street, Fernandina Beach, FL 32034, (904)491-4911
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Florida Children’s Medical Services Network Advisory Council, an advisory body appointed by the Secretary of the Florida Department of Health, to review updates of Medicaid, CMSN performance measures, and otherwise fulfill the Council’s statutory requirements. The Council is charged with making recommendations and considering the selection and credentialing of health care providers, Children’s Medical Services Network policies, methods of payment and cost controls, the scope of benefits, and performance measures.; Tuesday, November 21, 2006, 12:30 p.m. – 4:30 p.m.; Department of Health, Building 4025, Room 301, 4025 Esplanade Way, Tallahassee, FL 32399
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To conduct general business of the Board.; Friday, December 1, 2006, 9:00 a.m. or soon thereafter; Renaissance Ft. Lauderdale Hotel, 1617 S. E. 17th Street, Ft. Lauderdale, Florida 33316, (954)626-1700
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For cases previously heard by the panel.; Tuesday, November 28, 2006, 12:00 Noon; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida, at Meet Me Number 1(888)808-6959, when prompted enter conference code 9849329103.
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For cases previously heard by the panel.; Monday, November 20, 2006, 9:30 a.m.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida, at Meet Me Number 1(888)808-6959, when prompted enter conference code 9849329103
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To conduct general business of the Committee.; Thursday, November 30, 2006, 4:00 p.m.; Rosen Centre, 9840 International Drive, Orlando, FL 32819, (407)996-9840
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To conduct general business of the committee.; Thursday, November 30, 2006, immediately following the Surgical Care Committee Rule Hearing scheduled for 6:00 p.m.; Rosen Centre, 9840 International Drive, Orlando, FL 32819, (407)996-9840
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Transformation Working Group. A facilitated discussion on The Transformation Working Group Training Summit by Ellen Piekalkiewicz and a facilitated discussion on the Housing Initiatives Update by Ken Decerchio. Jim Winarski will provide a facilitated discussion on recommendations regarding the next steps on Housing; and Sue Ross from Children’s Mental Health will provide a facilitated discussion on family forums. Toni Beard will provide the report from R and R Task force. Jim Winarski will provide the recommendations regarding the report from R and R Task force. Ken DeCerchio and Tom Lane will provide the Medicaid report. Jim Winarski of the Florida Mental Health Institute will provide the Discussion and Recommendations.; Monday, November 13, 2006, 9:00 a.m. – 4:00 p.m.; Agency for Health Care Administration, 2727 Mahan Drive, Building 6, Conference Room A, Tallahassee, FL 32399
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To conduct the regular business of the Navigation District.; Friday, November 17, 2006, 10:30 a.m.; Venice City Hall, 401 West Venice Avenue, Venice, Florida
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A 2-day facilitated stakeholder meeting to discuss and examine manatee issues.
The purpose of the meeting is fact finding, to solicit input from stakeholders to the agency and its federal partners in evaluating current issues concerning the manatee. The public can attend the meeting; however, space is limited. This meeting will be structured and facilitated. No public comments will be taken.
Questions about the meeting should be directed to: Ms. Carol Knox, Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 South Meridian Street, Tallahassee, Florida 32399, (850)922-4330.
; November 16, 2006, 9:00 a.m. – 6:00 p.m.; November 17, 2006, 8:30 a.m. – 3:30 p.m.; Mahaffey Theatre, 400 First Street, South, St. Petersburg, Florida
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A. Election of Chairman, Vice-Chairman
B. George Stone Criminal Justice Training Issues Basic Training/Advanced Courses
C. Approve Trust Fund Budget
D. Open Discussion
; Thursday, November 9, 2006, 1:00 p.m.; George Stone Criminal Justice Training Center, 2400 Longleaf Drive, Room 104
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Grant Committee meeting.; Monday, November 13, 2006, 9:30 a.m. – 11:00 a.m.; Florida Sports Foundation, 2930 Kerry Forest Parkway, Suite 101, Tallahassee, FL 32309. Call In Number: 1(888)808-6959 (Toll Free), Conference Code: 4888347
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Florida Patient Safety Corporation; Patient Safety Specialist Search Committee. The sole purpose of this meeting is to advance the process of developing hiring recommendations to be presented to the Florida Patient Safety Corporation Board of Directors for the position of Patient Safety Specialist.; Tuesday, November 14, 2006, 8:00 a.m.; Call In Instructions: Step 1: Dial the Conference Access Number: 1(866)200-9760. Step 2: Enter the PIN Code: 8938936#
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Florida Patient Safety Corporation; Patient Safety Specialist Search Committee.
The sole purpose of this meeting is to interview candidates in order to make hiring recommendations to the Florida Patient Safety Corporation Board of Directors for the position of Patient Safety Specialist.
; Tuesday, November 28, 2006, 8:00 a.m.; Hyatt Regency Orlando International Airport, 9300 Airport Boulevard, Orlando, FL 32827
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Florida Patient Safety Corporation; Board of Directors Meeting.; Thursday, December 7, 2006, 10:00 a.m. – 3:00 p.m.; Blue Cross and Blue Shield of Florida, Inc., 4800 Deerwood Campus Parkway, Building 100, 1st Floor, Room A/C, Jacksonville, Florida 32246
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Committee for a Sustainable Emerald Coast; November 16, 2006, 8:00 a.m. – 5:00 p.m.; November 17, 2006, 8:00 a.m. – 1:00 p.m.; City of DeFuniak Springs Civic Center, Main Auditorium, 361 North 10th Street, DeFuniak Springs, FL.
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Board of Directors Business Meeting.; Friday, November 17, 2006, 9:30 a.m.; Conference Room “R”, Second Floor, City Hall, City of Orlando, 400 South Orange Avenue, Orlando, FL
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Early Learning Advisory Council; December 8, 2006, 9:00 a.m. – 3:00 p.m.; The Lexington Hotel Orlando, 304 W. Colonial Drive, Orlando, Florida 32801. Please reference the group “Advisory Council” when making your reservations.
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General Meeting.; November 15, 2006, 1:00 p.m.; TRDA, Conference Room, 5195 South Washington Avenue, Titusville, FL 32780
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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Presco Associates, LLC, filed October 13, 2006.
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In Re: Petition for Declaratory Statement, Falling Waters Beach Resort Master Association, Inc.; Docket No. 2006041116.; A copy of the Order Closing File on the Petition for Declaratory Statement, Docket Number 2006041116 may be obtained by writing to: Agency Clerk, Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
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Sanctuary at Blue Heron Association, Inc.; Docket No. 2006056833.; Whether water and sewer charges and the cost of installing of fire extinguishers are common expenses under Sections 718.103(9) and 718.115, Florida Statutes, and if so, whether the developer may assess unit owners for these costs during a period of a developer guarantee under Section 718.116(9), Florida Statutes
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Your Money Access, LLC through counsel; The petition was filed, through counsel, by Your Money Access, LLC, and sought the Office’s opinion as to whether Chapter 560, Florida Statutes, applied to a number of different product lines that were being offered by the company. The Office dismissed the Petition and declined to issue a declaratory statement.
- Notices Regarding Bids, Proposals and Purchasing (14)
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Other Agencies and Organizations, Departmental
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Other Agencies and Organizations, Departmental
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Department of Health, Division of Administration
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Other Agencies and Organizations, Departmental
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Other Agencies and Organizations, Departmental
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Department of Education, University of Florida
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Department of Education, Florida Gulf Coast University
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Department of Education, Florida School for the Deaf and the Blind
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Department of Education, Florida School for the Deaf and the Blind
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Expressway Authorities, Departmental
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Department of Children and Families, Departmental
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Department of Financial Services, Finance
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Other Agencies and Organizations, Departmental
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Other Agencies and Organizations, Departmental
- Miscellaneous (14)
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Department of Environmental Protection, Departmental
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Agency for Health Care Administration, Certificate of Need
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Fish and Wildlife Conservation Commission, Departmental
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Department of Community Affairs, Departmental
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Department of Transportation, Departmental
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Department of Transportation, Departmental
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Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Department of Health, Board of Nursing
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Department of Health, Board of Pharmacy
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Department of Financial Services, Division of Treasury
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Department of Financial Services, FSC - Financial Institution Regulation