- Notices of Development of Proposed Rules and Negotiated Rulemaking (22)
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The Board proposes to amend the rule to update the incorporated form.
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The Board proposes the promulgation of Rule 61G6-5.0061, F.A.C., to incorporate form and list required documentation. The Board proposes to review the existing language in Rule 61G6-5.0091, F.A.C., to correct statutory references and determine whether other 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 the rule promulgation in order to provide instruction for reinstatement of a null and void license pursuant to Section 455.271(6)(b), F.S. and to incorporate form.
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The Board proposes to review the existing language in the rule to determine whether changes are necessary.
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The Board proposes to review the majority of this Chapter in order to ensure that all rules conform with existing statutory requirements and to determine if amendments are necessary to address any matters concerning the profession of clinical laboratory personnel.
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The Board proposes to review the existing language in the rule to determine whether changes are necessary.
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The Board proposes to review the existing language in the rule to determine whether changes are necessary.
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The Board proposes to review the existing language in the rule to determine whether changes are necessary.
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To consider the rule in light of technological developments and national changes in the practice field which may be impacting Florida practitioners negatively.
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A petition challenging the validity of the provisions of subparagraphs 12A-1.060(6)(a)1. and 2., F.A.C. – All In One Consultants, LLC v. Department of Revenue (DOAH Case No. 09-3012RX). In the rule challenge, All In One Consultants alleged that the Department did not have statutory authority to promulgate a rule defining “person,” a term defined in Section 212.02(12), F.S., and therefore the rule provision constituted an invalid exercise of delegated legislative authority under Section 120.52(8), F.S. The Department has agreed to remove the definition from the rule. The purpose of this rulemaking is to remove the definition of the term “person” contained within subparagraphs (6)(a)1. and 2. of Rule 12A-1.060, F.A.C. (Registration).
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The purpose of the rule development is to amend the current rule to incorporate statutory changes in Section 394.674, F.S., as it relates to definitions, client eligibility and enrollment. These rules shall apply to all community mental health providers and licensed mental health residential treatment facilities under contract with the department or the agency to provide treatment services to the Mental Health Program Office priority populations in Chapter 394, Florida Statutes.
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The purpose of the proposed repeal of Rule 12A-1.002, F.A.C. (Practitioners of the Healing Arts), is to remove provisions that will be rendered unnecessary with the adoption of the proposed substantial rewording of Rule 12A-1.020, F.A.C., and the proposed creation of Rule 12A-1.0215, F.A.C. Provisions applicable to practitioners of the healing arts are included in those proposed rules.
The purpose of the proposed repeal of Rule 12A-1.015, F.A.C. (Industrial Gases), is to remove provisions regarding the application of tax to certain gases that are redundant of other administrative rules. Provisions for compressed medical gases and medical oxygen are included in the proposed amendments to Rule 12A-1.020, F.A.C., and the creation of Rule 12A-1.0215, F.A.C.
The purpose of the proposed substantial rewording of Rule 12A-1.020, F.A.C. (Licensed Practitioners; Drugs, Medical Products and Supplies), is to clarify the application of tax to items sold to hospitals, healthcare entities, physicians, dentists, and other licensed practitioners for use in their practice of medicine and clarify the exemption for drugs, medicinal supplies, and medical products, supplies, and devices. These rule amendments, when adopted, will provide: (1) a definition of the terms “licensed practitioner” and “drug or medicinal drug” for purposes of the rule; (2) that hospitals, healthcare entities, and licensed practitioners are required to pay tax on taxable items or services consumed in providing medical services; (3) the exemption for prescription drugs and medical gases and opaque drugs; (4) the exemption for common household remedies recommended and generally sold for internal or external use in the cure, mitigation, treatment, or prevention of illness or disease in human beings and the taxability of cosmetics, toilet articles, and hygiene products; (5) that, unless specifically exempt, medical products, supplies, and devices are subject to tax; (6) that medical products, supplies, or devices are exempt when dispensed pursuant to a written prescription; (7) that medical products, supplies, or devices bearing the prescription labeling required under federal or state law are exempt when intended to be used one time only; (8) the exemption for medical products, supplies, or devices that are temporarily or permanently incorporated into a patient; (9) that medical trays required by federal or state law to be dispensed only by prescription and that are intended to be used one time only are exempt from tax; (10) a suggested exemption certificate to be used to purchase tax-exempt medical products, supplies, or devices; (11) the taxability of chemical compounds and test kits, including a list of tax-exempt and a list of taxable chemical compounds and test kits; (13) the exemption for parts or other items added to tangible personal property so that a handicapped person may use an item; (14) the exemption for orthopedic or corrective shoes; (15) the taxability of eyeglasses and lenses; (16) the exemption for stock lenses and a suggested exemption certificate to buy certain stock lenses tax-exempt; and (17) recordkeeping requirements.
The purpose of the proposed amendments to Rule 12A-1.021, F.A.C. (Prosthetic and Orthopedic Appliances), is to: (1) update the term “duly licensed physician” to physician licensed under Chapter 458, Chapter 459, Chapter 460, Chapter 461, or Chapter 466, F.S.; (2) update the list of tax-exempt prosthetic and orthopedic appliances and to remove items that are specifically exempt under Section 212.08(2), F.S.; (3) provide that materials and supplies that are incorporated into and become a component part of a prosthetic or orthopedic appliance or device dispensed by a licensed prosthetist or orthotist pursuant to a prescription written by a licensed practitioner are not subject to sales or use tax; (4) provide that expendable materials and supplies used for such purposes are subject to tax; (5) provide a suggested exemption certificate to buy such materials and supplies tax-exempt; (6) provide the recordkeeping requirements for such exemption certificates; and (7) remove provisions for the exemption provided in Section 212.08(2)(j), F.S., for prescribed parts and attachments added to tangible personal property to assist a person with special needs that are provided in Rule 12A-1.020, F.A.C., as amended.
The purpose of the proposed creation of Rule 12A-1.0215, F.A.C. (Veterinary Sales and Services), is to provide for the taxability of veterinary services, for the taxability of items used in the practice of veterinary medicine, for the exemptions provided for substances possessing curative or remedial properties, and for the taxability of medical products, supplies, and devices used in the treatment of animals. The proposed new rule, when adopted, will provide: (1) that professional services provided by veterinarians are not subject to tax; (2) that charges for hospitalization of animals are not subject to tax; (3) that charges for boarding and grooming are not subject to tax, but items consumed in providing those services are subject to tax; (4) that prescription drugs, medical gases, and opaque drugs are exempt when required by federal or state law to be dispensed by prescription only; (5) for the taxability of items used by veterinarians for treatment of animals and a list of items that are specifically exempt when purchased by veterinarians; (6) that medical products, supplies, or devices bearing the prescription labeling required under federal law are exempt when intended to be used one time only; (7) that medical products, supplies, or devices that are temporarily or permanently incorporated into an animal are exempt; (8) that medical trays required by federal or state law to be dispensed only by prescription and that are intended to be used one time only are exempt from tax; (9) when commonly recognized substances possessing curative or remedial properties purchased by veterinarians are exempt; (10) a suggested exemption certificate to be used to purchase tax-exempt substances and medical products, supplies, or devices; (11) how to purchase items tax-exempt for purposes of resale to clients; and (12) recordkeeping requirements.
The purpose of the proposed amendments to Rule 12A-1.097, F.A.C., is to adopt, by reference, changes to Form DR-46NT, Nontaxable Medical and General Grocery List, to include updated lists of tax-exempt common household remedies and tax-exempt prosthetic and orthopedic appliances.
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The purpose of these rules is: (1) to establish rules in conformity with statute changes in Chapter 2009-227, Laws of Florida (2) to adopt standards and requirements for state agencies use of construction management entities under contract with the Department of Management Services.
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The Board proposes to review the rule to delete unnecessary language and to add new language to modify application and examination fees.
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The Board proposes to review the rule to delete unnecessary language and to add new language if necessary to clarify supervision of provisional licensees.
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Section 213.23, F.S., authorizes the Executive Director, or his or her designee, to enter into consent agreements with a taxpayer to extend the period during which an assessment may be issued or a claim for refund may be filed. When both the Department and the taxpayer provide written consent, a tax assessment may be issued or a claim for a tax refund may be made at any time prior to the expiration of the period agreed upon. The purpose of the amendments to Rule 12-16.005, F.A.C., is to eliminate confusion over the language that appears to require that the agreement be signed by the Department prior to being signed by the taxpayer.
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The Geographic Names Information System Feature Identifier (GNIS Feature ID) has superseded the Federal Information Processing System 55 (FIPS 55) database place code as the federal and national standard geographical feature record identifier.
Effective October 3, 2009, the Department’s Address/Jurisdiction Database, maintained by the Department for purposes of assigning communications service addresses and insurance policies and premiums to local taxing jurisdictions, contains a combination of both GNIS Feature ID place codes and FIPS 55 place codes. The FIPS 55 place code will remain as a field in the database. Local taxing jurisdictions submit address/jurisdiction changes to the Department using the Guide for Address Change Requests. This guide contains the required record layout using the specified place codes.
The purpose of the proposed amendments to Rule 12B-8.0016, F.A.C. (Department of Revenue Electronic Database), is to adopt, by reference, updates to the Guide for Address Change Requests necessary to update the FIPS 55 place codes and the GNIS Feature Identifier place codes.
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The Geographic Names Information System Feature Identifier (GNIS Feature ID) has superseded the Federal Information Processing System 55 (FIPS 55) database place code as the federal and national standard geographical feature record identifier.
Effective October 3, 2009, the Department’s Address/Jurisdiction Database, maintained by the Department for purposes of assigning communications service addresses and insurance policies and premiums to local taxing jurisdictions, contains a combination of both GNIS Feature ID place codes and FIPS 55 place codes. The FIPS 55 place code will remain as a field in the database. Local taxing jurisdictions submit address/jurisdiction changes to the Department using the Guide for Address Change Requests. This guide contains the required record layout using the specified place codes.
Providers of communications services address/jurisdiction database and vendors of such databases may request that the Department certify their database for accuracy of the address/jurisdictions contained within the database. To apply, service providers and database vendors must submit Form DR-700012 (Application for Certification of Communications Services Database) and their database in the required record layout using the specified place codes. The required database layout contains of combination of Federal Information Processing Standards (FIPS) 55 place codes and the Geographic Names Information System (GNIS) Feature Identifier place codes.
The purpose of the proposed amendments to Rule 12A-19.071, F.A.C. (Department of Revenue Electronic Database), and to Rule 12A-19.100, F.A.C. (Public Use Forms), is to adopt, by reference, updates to Form DR-7000012 and to the Guide for Address Change Requests necessary to update the FIPS 55 place codes and the GNIS Feature Identifier place codes.
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Chapter 2009-192, Laws of Florida, amends Section 220.13(1)(e), F.S., to require adjustments for the special 50 percent bonus depreciation, section 179, I.R.C., expense in excess of $128,000, and deferral of cancellation of indebtedness income. These provisions were added to the Internal Revenue Code by the American Recovery and Reinvestment Act of 2009, Public Law 111-5. The proposed amendments to Rule 12C-1.013, F.A.C. (Adjusted Federal Income Defined), are necessary to update the provisions for adjustments to federal income for Florida income tax purposes and to establish procedures for reporting the additions and claiming the subtractions required by Section 220.13(1)(e), F.S., and provide procedures for filing amended Florida corporate income tax returns for the 2007 and 2008 tax years. When in effect, the proposed amendments: (1) provide the additions that taxpayers are required to make for the amount of the federal deduction claimed under I.R.C. section 179 that exceeds $128,000, the amount of special 50 percent bonus depreciation, and the amount of deferral of cancellation of indebtedness; (2) provide the subtractions that are available in each of seven tax years beginning with the year an addition is made under Section 220.13(1)(e), F.S.; (3) require taxpayers to maintain a schedule reflecting all adjustments made under Section 220.13(1)(e), F.S.; (4) provide that these adjustments do not affect the basis of the property; (5) require taxpayers who filed their Florida corporate income tax returns in a manner other than provided in Chapter 2009-192, L.O.F., to amend their Florida tax return; (6) provide that penalty and interest that are a direct result of the changes in Chapter 2009-192, L.O.F., will be compromised or waived when an amended Florida corporate income tax return is filed; (7) provide when the subtractions under Section 220.13(1)(e), F.S., are not to be included in a taxpayer’s Florida corporate income tax return; and (8) provide when the deductions allowed under section 179, I.R.C., and for special 50 percent bonus depreciation are not required to be included in a taxpayer’s Florida corporate income tax return.
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Section 201.02(1)(b), F.S., as created by Chapter 2009-131, Laws of Florida (L.O.F.), imposes tax on transfers of ownership interests in a conduit entity when the transfer is within three years of a transfer of Florida real property into the conduit entity, documentary stamp tax was not paid on the full consideration when the real property was transferred into the conduit entity, and the ownership interest transferred belonged to the grantor of the real property. Chapter 2009-131, L.O.F., authorized the Department to promulgate an emergency rule and a permanent rule to implement the provisions of the law. The Department is seeking public participation and information to develop new Rule 12B-4.060, F.A.C. (Tax on Transfers of Ownership Interest in Legal Entities), regarding the documentary stamp tax imposed under Section 201.02(1)(b), F.S., on the transfer of ownership interest in a conduit entity.
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The rule is being amended to incorporate by reference current versions of examination manuals.
- Proposed Rules (27)
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The proposed rule amendments delete definitions and remove language on department forms related to the vacated federal Clean Air Mercury Rule (CAMR). The amendments also reinstate the Acid Rain Phase II NOx Compliance Plan form, which was inadvertently deleted in a previous rulemaking.
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The proposed rule amendments delete language in Florida’s air permitting program related to the vacated federal Clean Air Mercury Rule (CAMR).
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The proposed rule amendments clarify the requirement that an Acid Rain Part application be submitted at the time of permit renewal and correct rule language listing required application forms.
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The proposed rule amendments eliminate obsolete language relating to ozone nonattainment areas. Florida currently has no ozone nonattainment areas.
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The purpose and effect of this rule is to specify, detail and clarify the importation requirements by species for animals and certain animal products into Florida from other states.
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This new rule provides definitions, incorporated materials, procedures for inspection of animals to be imported or moved within the state and to provide for penalties of violations of Title 5C.
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Section 120.54(1)(k), F.S., as amended by section 5, Chapter 2008-104, L.O.F., requires the Governor and Cabinet, as head of the Department of Revenue, to approve the publication of a notice of intended rulemaking. Prior to this law change, the Governor and Cabinet, under specific conditions, delegated this function to the Executive Director of the Department under Rule 12-3.007, F.A.C. (Delegation of Authority). The purpose of this rulemaking is to remove that delegation of authority and to provide that the Governor and Cabinet will authorize the Department to publish a notice of rulemaking to conduct a public rule hearing and to file and certify proposed rule changes.
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The purpose of the proposed amendments to Rule 12-13.009, F.A.C. (Closing Agreements), is to revise the rule to reflect the statutory requirement in Section 213.21(1), F.S., that written agreements are required when the amount of a taxpayer’s assessment of tax, interest, or penalty compromised by the Department exceeds $30,000.
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To incorporate by reference into rule a registration form for dental labs in accordance with legislation passed during the 2009 Session.
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Effective July 1, 2009, the exemption from the tax on admission charges to certain events sponsored by a governmental entity, sports authority, or sports commission provided in Section 212.04(2)(a)2.b., F.S., expired. The purpose of the proposed amendments to Rule 12A-1.005, F.S., is to remove provisions regarding this exemption from the rule.
In cooperation with the Department, the Office of Film and Entertainment has expedited the application process for a production company qualified under Section 288.1258, F.S., to receive the sales tax exemption provided in Sections 212.031(1)(a)9., 212.06(1)(b), and 212.08(5)(f) and (12), F.S. An electronic application process has replaced the hard-copy application process. Currently, qualified production companies are required to extend the exemption certificate issued by the Department to vendors to purchase qualified items tax-exempt. To assist those vendors in verifying the exemption, the Department has provided additional information on the exemption certificate on how vendors are able to verify the exemption. The purpose of the proposed amendments to Rule 12A-1.085, F.A.C. (Exemption for Qualified Production Companies), is to update the rule to reflect these changes.
The purpose of the proposed amendments to Rule 12A-1.097, F.A.C. (Public Use Forms), is to: (1) remove the adoption of the hard-copy application previously used in the administration of the exemption for qualified production companies provided in Section 288.1258, F.S.; and (2) to adopt, by reference, revisions to the Certificate of Exemption for Entertainment Industry Qualified Production Company (Form DR-231).
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The Board proposes the rule amendment to delete language that applicants need to submit a completed Continuing Education Provider Application Form (Form No. DH-MQA 1024) and to renumber accordingly.
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The purpose and effect is to develop rule language to provide clarification on the application processes for EMS training centers, medical director participation, documentation needed for site reviews, training center equipment lists; allowing the Medical Directors to assume the responsibility for the use of a glucometer, administration of aspirin, and use of any medicated auto injector by an EMT, which will have the effect of improving the care given to patients in the prehospital setting; to ensure EMTs and paramedics are trained in pediatric education every two years which will have the effect of improving and expanding pediatric prehospital care; to create rule that defines the portion/percentage of the ALS field internship that may be done on an ALS permitted vehicle other than an ambulance, which will have the effect of expanding the opportunities to certify prehospital care givers in a more efficient manner while maintaining the integrity of education in the prehospital care setting; and to redefine the Certificate of Public Convenience and Necessity definition in Rule 64J-1.001, F.A.C., for the effect of clarifying the term “licensee” and the provision of services.
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The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify standards of practice.
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The Board proposes the rule amendment to change the calculation of the fine imposition.
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Section 3, Chapter 2009-108, L.O.F., expands the tax credit for contributions to nonprofit scholarship funding organizations to the insurance premium tax. The purpose of the proposed amendments to Rule 12B-8.001, F.A.C. (Premium Tax; Rate and Computation), is to update the rule to include this law change.
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Chapter 2009-108, L.O.F., expands the Florida Tax Credit Scholarship Program to allow insurers, who make contributions to nonprofit funding organizations, to take a tax credit against the insurance premium tax imposed under Section 624.509, F.S. Chapter 2008-227, L.O.F., eliminated the Florida renewable energy production credit from the alternative minimum tax credit calculation. The purpose of the proposed amendments to Rule 12C-1.0186, F.A.C. (Credit for Florida Alternative Minimum Tax), Rule 12C-1.0187, F.A.C. (Credits for Contributions to Nonprofit Scholarship Funding Organizations), and Rule 12C-1.051, F.A.C. (Forms), is to update these rules and the forms used by the Department to administer the credit for contributions to nonprofit scholarship funding organizations authorized under Sections 220.187 and 624.51055, F.S., and to update provisions on the calculation of the amount of the alternative minimum tax.
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Section 10, Chapter 2008-227, L.O.F., authorizes businesses which located a new solar panel manufacturing facility in Florida generating at least 400 jobs with an average salary of at least $50,000, to assign or transfer a capital investment tax credit granted to the business. The purpose of the amendments to Rule 12C-1.0191, F.A.C. (Capital Investment Tax Credit Program), is to include provisions on how businesses may transfer a capital investment tax credit.
The purpose of the proposed creation of Rule 12C-1.0192, F.A.C. (Renewable Energy Technologies Investment Tax Credit), is to provide for the administration of Section 220.192, F.S., including provisions for a taxpayer to transfer the tax credit to another taxpayer, as authorized by section 11, Chapter 2008-227, L.O.F. When adopted, this rule will incorporate the procedures for applying for an allocation of the Florida renewable energy technologies investment tax credit, for claiming the credit on a Florida corporate income tax return, and for transferring the tax credit.
The purpose of the proposed creation of Rule 12C-1.0193, F.A.C. (Florida Renewable Energy Production Credit), is to provide for the administration of Section 220.193, F.S., created by section 13, Chapter 2006-230, L.O.F., and amended by section 12, Chapter 2008-227, L.O.F. When adopted, this rule will incorporate the procedures for applying for an allocation of the Florida renewable energy production credit, for claiming the credit on a Florida corporate income tax return, and for transferring the credit to another taxpayer.
The purpose of the proposed amendments to Rule 12C-1.051, F.A.C. (Forms), is to adopt, by reference, the Application for Florida Renewable Energy Production Credit Allocation (Form F-1193) and the Notice of Intent to Transfer A Florida Energy Tax Credit (Form F-1193T). Form F-1193T is used by taxpayers to notify the Department of intent to transfer a Florida renewable energy production credit (authorized by section 13, Chapter 2006-230, L.O.F.), a Florida renewable energy technologies investment tax credit (authorized by section 11, Chapter 2008-227, L.O.F.), or a capital investment tax credit (authorized by section 10, Chapter 2008-227, L.O.F.).
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The purpose of the proposed amendments to Rule 12C-1.0221, F.A.C. (Returns, Notices, and Elections; Signing and Verification), is to provide procedures for how and when the Department will accept an electronic signature of the preparer of a corporate income tax return or notice when the tax return preparer is other than the taxpayer.
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To amend Chapter 40D-2, F.A.C., and Part B, Basis of Review, of the Water Use Permit Information Manual to set forth the permitting criteria applicable to new and renewal water use permit applications and water use permittees that will be governed by the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan is encompassed within rule amendments to Chapter 40D-80, F.A.C. that are simultaneously with this rulemaking being proposed for adoption.
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The Board proposes the rule amendment to modify the examination fee.
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The Board proposes the rule amendment to modify the disciplinary guidelines for licensed psychologists and psychology licensure applicants; to reflect the inclusion of new and existing ground for discipline referenced in Section 456.072, F.S., and to make technical updates to existing violations to include references to the applicable underlying statute in Chapter 456, F.S.
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The Board proposes the rule amendment to add new language regarding the application for reexamination forms.
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The Board proposes the rule amendment to modify the reexamination fee.
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To amend Chapter 40D-80, F.A.C., to establish the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan is proposed to govern through 2020 the recovery and mitigation actions to be undertaken by water use permit applicants and permittees with withdrawals that adversely impact lakes, wetlands, streams, springs and aquifers within the Northern Tampa Bay Water Use Caution Area.
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To add language regarding how dentists may advertise specialty recognition.
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The Board proposes the rule amendment to provide a biennial registration renewal fee for registered pharmacy technicians and a fee for unlicensed activity; to provide an update of the biennial license renewal fee for an active pharmacist and the biennial license renewal fee for a consultant pharmacist.
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To change affect provisions relating to designated penalties in compliance with Section 455.2273, F.S.
- Notices of Changes, Corrections and Withdrawals (13)
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Definitions, Water Reservations, Water Reservation Areas: Lower West Coast Planning Area, Water Reservation Areas: Upper East Coast Planning Area
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Publications Incorporated by Reference
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Publications Incorporated by Reference
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Laboratory Licensure - Qualifications, Licensure, Operation and Application
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Construction Materials Mining Activities
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Definitions Relating to Extended Benefits, Eligibility for Extended Benefits, How to Apply for Extended Benefits
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Reports Required of Liable Employers; Filing of Reports by Electronic Means
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Requirements for Prosthetic or Orthotic Residency or Internship
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Filing Claims
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Definitions Relating to Emergency Unemployment Compensation, Emergency Unemployment Compensation, Emergency Unemployment Compensation Individual Accounts, How to Apply for Emergency Unemployment Compensation
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Licensure Requirements for Applicants from Accredited Schools or Colleges, Licensure Requirements for Dental Hygiene Applicants from Unaccredited Dental Schools or Colleges
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Construction Materials Mining Activities
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Active License Renewal Fees
- Emergency Rules (1)
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Denials and Late Filed Applications for Transfer of Assessment Limitation Differential (Portability), Appeals to the Value Adjustment Board of Denials and of Amount of Transfer of Assessment Limitation Difference (Portability), Tax Collector Non-Ad Valorem Assessment Roll Reports, Scope of Emergency Rules 12DER09-10 Through 12DER09-12: How to Obtain Forms, Transfer of Assessment Limitation Difference: “Portability”: Sworn Statement Required, Tangible Personal Property Exemption, Additional Homestead Exemption Pursuant to Section 196.031(1)(b), Florida Statutes, Reporting of Fiscal Data by Fiscally Constrained Counties to the Department of Revenue For Local Fiscal Year 2009-2010, Forms for Use in the Truth in Millage and Maximum Millage Calculations Required by Section 200.065, Florida Statutes, and Chapter 2008-173 (Senate Bill 1588), Laws of Florida, Disclosure and Certification of Compliance; Filing of Documents Relating to Millage Levy Compliance Commencing 2009
- Petitions and Dispositions Regarding Rule Variance or Waiver (16)
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The order was issued in response to a petition for a variance filed on September 17, 2009, by Scott Wallace, P.E., representing South Florida Council BSA, regarding placement of treatment membranes and a UV disinfection unit inside the building. Petitioner sought a variance from subsection 64E-6.005(2), Florida Administrative Code, which requires that systems shall not be located under buildings or within 5 feet of building foundations. Notice of the petition was published in the October 2, 2009, edition of the Florida Administrative Weekly.
The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department GRANTED Petitioner’s request for a variance.
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The order was issued in response to a petition for a variance filed on September 17, 2009, by Scott Wallace, P.E., representing South Florida Council BSA, regarding the “GE Zenon Membrane Bioreactor”. Petitioner sought a variance from paragraph 64E-6.0151(2)(c), Florida Administrative Code, which requires that test results from a State or EPA-certified laboratory demonstrating that use of the additive, drainfield conditioner or restorative product will not result in violations of surface water or groundwater standards in Rule 64E-6.0151, F.A.C. Notice of the petition was published in the October 2, 2009, edition of the Florida Administrative Weekly.
The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department GRANTED WITH STIPULATIONS Petitioner’s request for a variance.
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an emergency temporary variance from A17.3, Section 3.11.3, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by paragraph 61C-5.001(1)(a), F.A.C. The petitioner, Waldorf Condominium Association, Naples, FL, and location of the Serial Number 36766-67, requests the variance for an extension of time to complete repairs and for economic/ financial hardship. The petition was received from John Malloy, Manager (VW 2009-784).
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That order granted a variance to Mona Adams, SK Fairgreen LLC, Orlando, FL, to not comply with Rule 2.7.4, ASME A17.3, 1996 edition until November 1, 2011 (VW 2009-619 and 669).
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a waiver from Rule 25-12.045, Florida Administrative Code, from the Florida Natural Gas Association in Docket No.: 090522-GU.
The rule provides that the following actions shall be taken for inactive gas service lines that have been used, but have become inactive without reuse:
(a) If there is no prospect for reuse, the service line shall be retired and physically abandoned within three months;
(b) After a service line has been inactive for a period of two years, if there is a prospect for reuse of the line, one of the following actions shall be taken within six months:
1. Disconnect the service line from all sources of gas and abandon or remove;
2. A valve on the service line shall be locked in the closed position and the service line plugged to prevent the flow of gas; or
3. Remove the meter and plug the end of the service line to prevent the flow of gas;
(c) After five years of inactivity, service lines shall be retired and physically abandoned within six months.
Subsections (2) and (3) of Rule 25-12.045, F.A.C., provide, respectively, details on the procedures for physical abandonment of a service line and the records of service lines stubs that must be maintained and readily available to personnel assigned to pipeline locating activities. Comments on the petition should be filed with: Florida Public Service Commission, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within 14 days of publication of this notice.
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a Routine Variance for subsections 61C-4.010(6), (7), Florida Administrative Code, from Chef George located in Davie, FL. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to utilize bathrooms located within another business located within 50 feet.
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That order granted a variance to Brenda J. Miller, Sarasota County East Wing Jail, Sarasota, FL, to not comply with Rule 2.7.4, ASME A17.3, 1996 edition until January 31, 2010 (VW 2009-484).
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That order granted a variance to Lee Rigby, Marion County Judicial Center Expansion, Ocala, FL, to not comply with Rule 2.14.1.4, ASME A17.1, 2004 (VW 2009-487).
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waiver from Palm Beach County Water Utility Department, Application No. 09-1210-2M, Permit (MOD) Number 11178 for utilization of Works or Lands of the District known as the Hillsboro Canal to allow the construction of an above-ground canal water pump station within the northerly right of way of the Hillsboro Canal located approximately 1000' west of SR 7 in conjunction with: Palm Beach County Water Utilities, Southwest Boca Diversion and Impoundment Project, Section 36, Township 47S, Range 41E, Palm Beach County. The petition seeks relief from paragraphs 40E-6.221(2)(a) and (j), Florida Administrative Code, which governs the present or future construction, alteration, operation or maintenance of the works or land of the District and the general and specific criteria in the Basis of Review.
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The Construction Industry Licensing Board hereby gives notice of the issuance of an Order regarding the Petition for Variance for Clinton Hennency. The Notice of Petition for Variance was published in Volume 35, No.03, of the January 23, 2009, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on February 13, 2009, in Tampa, Florida.
The Board=s Order, filed on December 7, 2009, grants the Petitioner a conditional Variance or Waiver from Rule 61G4-15.001(2), thereby allowing Petitioner to pursue a limited general contractor’s license, which would allow Petitioner to construct non-habitable communication structures/cell phone towers, including traditional steel towers, “stealth” communication structures (which are communication structures enclosed with facades to resemble trees, church steeples, and clock towers), and communications structures that are placed on roof tops or are otherwise attached to habitable structures, and habitable accessory use structures not to exceed three stories in height.
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filed on December 4, 2009, by Timothy P. Atkinson, Esq., on behalf of Scott B. Sontag, seeking a permanent waiver or variance of Rule 61G4-15.001, F.A.C., dealing with qualifications for certification, and to verification of active experience by affidavits prepared or signed by a state certified Florida contractor, or an architect or engineer, in the applicant’s category, who is licensed in good standing or a licensed building official.
Comments on this petition should be filed with: Construction Industry Licensing Board, Northwood Center, 1940 North Monroe Street, Tallahassee, FL 32399, within 14 days of publication of this notice.
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petition for waiver of subsection 65C-14.055(4), Florida Administrative Code, from Manatee Children’s Services and Tasha Pinkley, assigned Case No.: 09-040W. Subsection 65C-14.055(4), F.A.C., requires staff responsible for the supervision, evaluation and monitoring of the direct child care staff shall have a bachelor’s degree in social work, or related area of study from a college or university and at least 2 years of experience in working with children or 2 years of college and 4 years of experience working with children.
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waiver of subsection 65C-15.017(2), Florida Administrative Code, from Rubby Salguero, assigned Case No.: 09-035W. Subsection 65C-15.017(2), F.A.C., require agency staff responsible for supervision shall have a master’s or bachelor’s degree in social work or a related area of study from accredited college or university.
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Laura Mckelvey, seeking a variance or waiver of paragraph 61H1-28.0052(1)(b), Florida Administrative Code, that requires candidates to pass all four test sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release date for the first test section(s) passed.
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The Order is regarding the Petition for Variance, filed on July 29, 2009, by Kee Tse. The Notice of Petition for Waiver or Variance was published in Vol. 35, No. 33, of the August 21, 2009, Florida Administrative Weekly. Petitioner sought a waiver or variance of paragraph 61H1-28.0052(1)(b), F.A.C., entitled “Number of Sittings, and Granting of Credit, Release of Grades and Completion of Examination, Transition Rules” which requires candidates to pass all four test sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release for the first test section passed. The Board considered the instant Petition at a duly-noticed public meeting held on September 18, 2009, in Orlando, Florida.
The Board’s Order granted the petition finding that Petitioner established that the purpose of the underlying statute, Section 473.306, Florida Statutes, would be met by granting a variance from paragraph 61H1-28.0052(1)(b), F.A.C. The Board further found that Petitioner established that applying the requirements of the aforementioned Rule to his circumstances would violate principles of fairness and impose substantial hardship.
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The Order is regarding the Petition for Variance, filed on July 29, 2009, by Donald Cole. The Notice of Petition for Waiver or Variance was published in Vol. 35, No. 33, of the August 21, 2009, Florida Administrative Weekly. Petitioner sought a waiver or variance of paragraph 61H1-28.0052(1)(b), F.A.C., entitled “Number of Sittings, and Granting of Credit, Release of Grades and Completion of Examination, Transition Rules” which requires candidates to pass all four test sections of the CPA Examination within a rolling eighteen-month period, which begins on the NASBA grade release for the first test section passed. The Board considered the instant Petition at a duly-noticed public meeting held on September 18, 2009, in Tallahassee, Florida.
The Board’s Order granted the petition finding that Petitioner established that the purpose of the underlying statute, Section 473.306, Florida Statutes, would be met by granting a variance from paragraph 61H1-28.0052(1)(b), F.A.C. The Board further found that Petitioner established that applying the requirements of the aforementioned Rule to his circumstances would violate principles of fairness and impose substantial hardship.
- Notices of Meetings, Workshops and Public Hearings (55)
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General business of the Commission.; January 28-29, 2010, 8:00 a.m. – until all business is complete on January 29, 2010; Highlands Hammock State Park, Hammock Road, Sebring, Florida
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STRATEGIC CONVERSATION
Mid Year Review of 2009-10 Priorities.
REGULAR MONTHLY BOARD MEETING:
DATE AND TIME: January 12, 2010, 2:00 p.m – 3:00 p.m.
PLACE: Donald T. Martin Center for College Services, Boardroom 451, 501 W. State St., Jacksonville, FL 32202
GENERAL SUBJECT MATTER TO BE CONSIDERED: Regular meeting.
DISCUSSION OF COLLEGE OPERATIONAL MATTERS:
DATE AND TIME: January 12, 2010, 3:00 p.m. – 5:00 p.m.
PLACE: Donald T. Martin Center for College Services, Room 462, 501 W. State St., Jacksonville, FL 32202
GENERAL SUBJECT MATTER TO BE CONSIDERED: College operational matters.
; January 12, 2010, 12:00 Noon – 2:00 p.m.; Advanced Technology Center, Room T-140, 401 W. State St., Jacksonville, FL 32202
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Items related to Area Agency on Aging of Pasco-Pinellas business and Board of Directors oversite.; January 11, 2010, 9:30 a.m.; 9897 4th St., N., Suite 100, St. Petersburg, FL 33702
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To convene a workgroup of charter school stakeholders to develop recommendations for a model charter school contract.; January 8, 2010, TBA; Nova Southeastern University, 4850 Millenia Blvd., Room 335, Orlando, FL 32839
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The purpose of this meeting is to conduct general business of the Florida Alligator Marketing and Education Committee, and to discuss marketing and education initiatives for the current and next fiscal year.; Tuesday, January 12, 2010, 10:00 a.m.; Florida Fruit and Vegetable Association Building, 500 N. W. 3rd Street, Winter Haven, FL 33881, (863)291-5820
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General business of the Commission’s committees.
Schedule of the Committee Meetings follows:
9:00 a.m. Communications
10:00 a.m. Legislative
10:45 a.m. Disability Outreach
11:45 a.m. Volunteer Services
1:00 p.m. AmeriCorps/Grants
2:30 p.m. Emergency Management
3:30 p.m. Finance & Audit
4:30 p.m. Executive; Tuesday, January 12, 2010, 9:00 a.m. – until business is complete; Conference Call: 1(888)808-6959, Code: 1918015#
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Broward District Long-Term Care Ombudsman Council business.; January 12, 2010; February 9, 2010; March 9, 2010; April 13, 2010, 1:00 p.m. – 2:15 p.m. (EST); 1400 West Commercial Blvd., 2nd Floor, Ft. Lauderdale, FL 33309
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South Central District Long-Term Care Ombudsman Council business.; January 14, 2010; February 11, 2010; March 11, 2010; April 8, 2010, 2:00 p.m. – 3:00 p.m. (EST); United Way of Central Florida, 5605 US Hwy. 98 South, Highland City, FL 33846
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First Coast District Long-Term Care Ombudsman Council business.; January 12, 2010; February 9, 2010; March 9, 2010; April 13, 2010, 10:00 a.m. – 11:00 a.m. (EST); Elder Source, 4160 Woodcock Drive, Bldg. 2800, 2nd Floor, Jacksonville, FL 32207
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First Coast South District Long-Term Care Ombudsman Council business.; January 13, 2010; February 10, 2010; March 10, 2010; April 14, 2010, 11:00 a.m. – 12:00 Noon (EST); 210 North Palmetto Ave., Rm. 148, Daytona Beach, FL 32114
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Reform Technical Advisory Panel Teleconference; all interested parties are encouraged to attend.; Friday, January 15, 2010, 1:00 p.m. – 4:00 p.m.; Agency for Health Care Administration, Fort Knox Office Complex, Conference Room A, 2727 Mahan Drive, Building 3, Tallahassee, FL 32308. Conference Call: 1(866)882-6451, Conference ID: 47263407#
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Meeting of the Board of Directors; Thursday, January 14, 2010, 2:30 p.m.; Harvard Conference Room, 9th Floor, City Hall, City of Orlando, 400 South Orange Avenue, Orlando, FL
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SSRC Board of Trustees – Open Forum Discussion on SSRC Policy-Based Strategies.; Monday, January 11, 2010, 1:30 p.m.; Turlington Building, Room 1703, 325 W. Gaines Street, Tallahassee, FL
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Discuss Alzheimer's Disease Initiative issues.; January 13, 2010, 10:00 a.m. – 3:45 p.m. (EST); The Cabot Lodge, Thomasville Road, 1653 Raymond Diehl Road, Tallahassee, Florida 32308
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This is a public meeting to discuss technical issues related to the Santa Fe River Basin Management Action Plan (BMAP). The primary topic of discussion during this meeting will be the BMAP development process.; January 12, 2010, 9:30 a.m.; Ft. White Community Center, 17579 State Route 47, Ft. White, Florida 32038
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Treasure Coast District Long-Term Care Ombudsman Council business.; January 11, 2010; February 8, 2010; March 8, 2010; April 12, 2010, 10:00 a.m. – 12:00 Noon (EST); 3601 Kirby Loop Road, Ft. Pierce, FL 34981
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The Hearing Panel of the Education Practices Commission will consider final agency action in matters dealing with the disciplining of certified educators.; A Teacher Hearing Panel, January 15, 2010, 9:00 a.m. or as soon thereafter as can be heard; Staybridge Suites, 1600 Summit Lake Drive, Tallahassee, Florida 32317, (850)219-7000
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The Genetics and Newborn Screening Advisory Council will be meeting to discuss topics relevant to Florida genetics and newborn screening.; Friday, January 15, 2010, 10:00 a.m. – 3:00 p.m.; Wilson T. Sowder Public Health Museum, 1217 Pearl Street, Jacksonville, FL 32202
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A petition for a change in the rates of pilotage charged by the licenses state pilots and certified deputy pilots at Cumberland Sound Pilots Association has been filed with the Pilotage Rate Review Board, pursuant to Section 310.151, Florida Statutes, and Chapter 61E13, Florida Administrative Code.
The last rate change (increase) granted to the Port of Fernandina was 2006. The board intends to consider the following requested rate change (increase) for the Port of Fernandina.
Effective, after the hearing, for the first year:
Draft Charge increase from $23.09 to $25.35, minimum of 15 feet.
Tonnage Charge increase from $.05183 minimum 2500 Gross Registered Tonnage (GRT) to $.057 minimum 3000 GRT.
Docking/Undocking increase from $125 for vessels 400 feet and less and $175 for vessels over 400 ft. to $125 for vessels under 350 ft. and $175 for vessels 350 ft. and over.
Docking or Undocking with tugboat/tugboats $225, and effective January 1, 2011, from $225 to $250.
Shifting all vessels increase from $100 to $250.
Detention increase from $200 to $250.
Personnel transfer increase from $200 to $250.
All interested parties may file an answer, an additional or alternative application, or any other applicable pleading or response, including all documentation in support thereof within thirty (30) days of this publication by January 30, 2010.; February 15, 2010, 9:00 a.m., General Board Business; February 15, 2010, 11:00 a.m., Site visit to the Port of Fernandina, February 16, 2010, 9:00 a.m., Rate Hearing for the Port of Fernandina; Hampton Inn & Suites, 19 South 2nd Street, Fernandina Beach, FL 32034
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1. Consider financing and acknowledgement resolutions for various multifamily developments, under any multifamily program, including the ranking of developments.
2. Consider appointment of professionals including but not limited to trustee and/or originator/servicer for upcoming and/or past multifamily programs and single-family programs.
3. Consider approval of all bond documents for and terms of all upcoming single-family and multifamily bond sales, including those secured by third-party guarantors, letters-of-credit, insurance or other mechanisms.
4. Consider adopting resolutions authorizing negotiated or competitive sale of bonds on various single-family and multifamily issues.
5. Consider directing Staff to submit summaries of various TEFRA/Public Hearings to the Governor.
6. Consideration of policy issues concerning ongoing and upcoming single-family bond issues including initiation of request for proposals on an emergency basis, and structuring new issues.
7. Consideration of all necessary actions with regard to the Multifamily Bond Program.
8. Consideration of approval of underwriters for inclusion on approved master list and teams.
9. Consideration of all necessary actions with regard to the HOME Rental Program.
10. Consideration of all necessary actions with regard to the HC (Housing Credits) Program.
11. Consideration of all necessary actions with regard to the SAIL (State Apartment Incentive Loan) Program.
12. Consideration of all necessary actions with regard to the SHIP (State Housing Initiatives Partnership) Program.
13. Consideration of all necessary actions with regard to the PLP (Predevelopment Loan) Program.
14. Consideration of all necessary actions with regard to the Homeownership Programs.
15. Consideration of all necessary actions for initiating new rules or rule amendments on an emergency or non-emergency basis.
16. Consideration of Appeals from Universal Cycle ranking and grading with entry of final orders.
17. Consideration of workouts or modifications for existing projects funded by the Corporation.
18. Consideration of matters relating to the stated purpose of the Corporation to provide safe and sanitary housing that is affordable for the residents of Florida.
19. Consideration of funding additional reserves for the Guarantee Fund.
20. Consideration of audit issues.
21. Evaluation of professional and consultant performance.
22. Such other matters as may be included on the Agenda for the January 22, 2010, Board Meeting.
; January 22, 2010, 8:30 a.m. – until adjourned; Residence Inn, 600 West Gaines Street, Tallahassee, FL 32304
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1. Conduct business necessary for the organization of FHFC II, Inc.
2. Consider adopting resolutions delegating operational authority to the Executive Director.
3. Consideration of all necessary actions with regard to any property owned or held by FHFC II, Inc.
4. Consideration of approval of underwriters for inclusion on approved master list and teams.
5. Consideration of all necessary actions for initiating new rules or rule amendments on an emergency or non-emergency basis.
6. Consideration of status, workouts, or modifications for existing projects.
7. Consideration of matters relating to the statutory purpose of FHFC II, Inc., to provide safe and sanitary housing that is affordable for the residents of Florida.
8. Such other matters as may be included on the Agenda for the January 22, 2010, Board Meeting.; January 22, 2010, 11:00 a.m. or upon adjournment of the Florida Housing Finance Corporation Board of Directors meeting, until adjourned; Residence Inn, 600 West Gaines Street, Tallahassee, FL 32304
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1. Conduct business necessary for the organization of FHFC III, Inc.
2. Consider adopting resolutions delegating operational authority to the Executive Director.
3. Consideration of all necessary actions with regard to any property owned or held by FHFC III, Inc.
4. Consideration of approval of underwriters for inclusion on approved master list and teams.
5. Consideration of all necessary actions for initiating new rules or rule amendments on an emergency or non-emergency basis.
6. Consideration of status, workouts, or modifications for existing projects.
7. Consideration of matters relating to the statutory purpose of FHFC III, Inc., to provide safe and sanitary housing that is affordable for the residents of Florida.
8. Such other matters as may be included on the Agenda for the January 22, 2010, Board Meeting.; January 22, 2010, 11:00 a.m. or upon adjournment of the Florida Housing Finance Corporation Board of Directors meeting, until adjourned; Residence Inn, 600 West Gaines Street, Tallahassee, FL 32304
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The Art Selection Committee for this facility will meet to review and evaluate the proposed designs submitted by their selected artists.; Tuesday, January 12, 2010, 1:00 p.m.; Clinic Conference Room, Brevard Childrens’ Medical Services, 2566 Judge Fran Jamieson Way, Viera, FL 32940
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Application review and general board business.; Wednesday, January 27, 2010, 1:00 p.m.; Thursday, January 28, 2010, 9:00 a.m.; Amelia Island Plantation, 3800 First Coast Highway, Amelia Island, Florida 32034
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The Art Selection Committee for this facility will hold a Review Meeting to evaluate submissions and select artwork or artist finalists.; Wednesday, January 13, 2010, 8:30 a.m.; Conference Room, Brevard County Health Department, 2555 Judge Fran Jamieson Way, Viera, FL 32940
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The Fire Technical Advisory Committee (concurrent with) Fire Code Advisory Council to review potential conflicts between the proposed 2010 Florida Building Code and the Florida Fire Prevention Code. In addition, the Fire TAC will meet to review and provide recommendations to the Commission on overlapping Florida-specific code requirements as integrated into the 2009 International Codes.; January 20, 2010, 1:00 p.m.; Fire Technical Advisory Committee (concurrent with) Fire Code Advisory Council, Hilton Daytona Beach Resort, Ocean Walk Village, 100 North Atlantic Avenue, Daytona Beach, Florida 32118, (386)254-8200
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Pasco & North Pinellas District Long-Term Care Ombudsman Council business.; January 14, 2010; February 11, 2010; March 11, 2010; April 8, 2010, 10:00 a.m. – 12:00 Noon (EST); St. Anne Byzantine Catholic Church, 7120 Massachusetts Avenue, New Port Richey, FL 34653
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West Central District Long-Term Care Ombudsman Council business.; January 8, 2010; February 12, 2010; March 12, 2010; April 9, 2010, 10:00 a.m. – 11:00 a.m. (EST); First Presbyterian Church of Brandon, 121 Carver Ave, Room D, Brandon, FL 33510.
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East Central District Long-Term Care Ombudsman Council business.; January 14, 2010; February 11, 2010; March 11, 2010; April 8, 2010, 12:00 Noon – 2:00 p.m. (EST); Mayor William Beardall Senior Center, 800 South Delaney Avenue, Orlando, FL 32801
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The meeting will be for the purpose of discussing a draft report on recommendations for improving the process of assessing, determining and applying windstorm mitigation discounts, credits, rate differentials and other appropriate reductions in deductibles, as well as to address other general business of the Commission.; January 15, 2010, 9:00 a.m. – 4:00 p.m. (ET); Hermitage Centre Conference Room, Hermitage Centre, 1801 Hermitage Blvd., Tallahassee, Florida; Persons who wish to participate by telephone may call 1(888)808-6959, Conference Code 4765251363#
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The Committee is meeting to fulfill the mandate of Executive Order 08-193.; Monday, January 11, 2010, 1:00 p.m. – 3:00 p.m.; Conference Call: 1(888)808-6959, Conference Code: 6101108#. 4030 Esplanade Way, Ste. 260. Tallahassee, FL 32399
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The Committee is meeting to fulfill the mandate of Executive Order 08-193.; Tuesday, January 12, 2010, 9:00 a.m. – 11:00 a.m.; Conference Call: 1(888_808-6959, Conference Code: 6101108#. 4030 Esplanade Way, Ste. 260, Tallahassee, FL 32399
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Governing Board to discuss and consider District business, including regulatory and non-regulatory matters, and may include an amendment to the District’s Fiscal Year 2010 budget to revise revenues and expenditures.; Project & Lands Committee Meeting - January 13, 2010, 11:00 a.m.
PLACE: Village Chambers, Village of Key Biscayne, 88 West McIntyre Street, Key Biscayne, FL 33149.
Workshop Meeting
DATE AND TIME: January 13 2010, 12:00 noon,
PLACE: Village Chambers, Village of Key Biscayne, 88 West McIntyre Street, Key Biscayne, FL 33149.
Regular Business Meeting
DATE AND TIME: January 14, 2010, 9:00 a.m.; Village Chambers, Village of Key Biscayne, 88 West McIntyre Street, Key Biscayne, FL 33149
All or part of these meetings may be conducted as a teleconference in order to permit maximum participation by Governing Board members. The Governing Board may take official action at the meeting on any item appearing on the agenda and on any item that is added to the agenda as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes. If Workshop items are not discussed on 1/13, the items may be discussed on 1/14.
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Palm Beach District Long-Term Care Ombudsman Council business.; : January 11, 2010; February 8, 2010; March 15, 2010; April 19, 2010, 11:00 a.m. – 12:30 p.m. (EST); 111 South Sapodilla Ave., Room #113B, West Palm Beach, FL 33401
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North Dade District Long-Term Care Ombudsman Council business.; January 14, 2010; February 11, 2010; March 11, 2010; April 8, 2010, 10:30 a.m. – 12:00 Noon (EST); North Miami Beach Public Library, 1601 N. E. 164th Street, North, North Miami Beach, FL 33162
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The above meeting will be held to discuss issues relating to standards, training, examinations, certification, de-certification, record management for law enforcement, correctional, and correctional probation officers, Commission rules, officer discipline penalty guidelines, and certification and recertification of criminal justice training schools. Commission Meeting information can be accessed at http://www.fdle.state.fl.us., then Click on “A-Z Index,” then Click on “Criminal Justice Standards and Training Commission,” and then Click on “Commission Meeting Schedule,” or on “Meeting Packet.”; Training Center Director Board Meeting, February 2, 2010, 1:00 p.m.; Training Center Director Special Committee Meetings (Distance Learning and Physical Fitness), February 2, 2010, 2:00 p.m.; Training Center Director Basic Recruit Training Committee, Advanced Training Committee, and Rules Committee, February 2, 2010, 3:00 p.m.; Training Center Director Open Forum, February 2, 2010, 4:00 p.m.; Training Center Director Association Business Meeting, February 3, 2010, 8:30 a.m.; Probable Cause Determination Hearings, February 3, 2010, 10:00 a.m.; Regional Criminal Justice Selection Center Directors Association, February 3, 2010, 3:00 p.m.; Criminal Justice Standards and Training Commission Meeting: Business Agenda, February 4, 2010, 8:00 a.m.; Criminal Justice Standards and Training Commission Meeting: Officer Discipline Agenda, February 4, 2010, 9:30 a.m.; Orlando Marriott-Lake Mary, 1501 International Parkway, Lake Mary, Florida 32746, (407)995-1100 or 1(800)380-7724 (Group Name: FDLE/Criminal), Fax:
(407)995-1150, On-line Reservations: http://cwp.marriott.com/ mcoml/fdlecriminaljusticestanda/, $110.00 Single or Double from 1/31/2010 – 2/5/2010; Check-in is 3:00 p.m. and Check-out is 12:00 Noon; Reservation Deadline: January 4, 2010, For information about hotel accommodations, please contact Cheryl Taylor at (850)410-8657 or e-mail: cheryltaylor @fdle.state.fl.us.
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This is the annual meeting of the TMDL Executive Committee and TMDL Stakeholder’s Committee for the Lower St. Johns River Basin Management Action Plan (BMAP). The meeting will focus on BMAP activities over the last year, and will include updates on the BMAP monitoring plan, the water quality credit trading rule, and numeric nutrient criteria.; January 13, 2010, 9:30 a.m.; Northeast District Office, 7825 Baymeadows Way, Conference Rooms A&B, Jacksonville, FL 32256
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This is a Basin Working Group meeting to discuss issues related to the Lake Jesup Basin Management Action Plan (BMAP). The Lake Jesup Basin Working Group was formed to provide a forum for stakeholders to provide recommendations to the Department of Environmental Protection regarding development of the Lake Jesup Basin Management Action Plan (BMAP). The BMAP is the means for implementation of the Lake Jesup Nutrient Total Maximum Daily Loads (TMDLs). The primary topic of discussion during this meeting will be the continued discussion of the BMAP development process.; January 14, 2010, 9:30 a.m. – 11:30 a.m.; Sylvan Lake Park, 845 Lake Markham Rd., Sanford, Florida 32771
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To Select Regional Leadership Awards Recipients.; January 7, 2010; the Ad-Hoc Regional Leadership Awards Selection Committee, immediately following the Legislative Committee Meeting. Please check our website for any changes in meeting times; 6850 Belfort Oaks Place, Jacksonville, FL 32216
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Minutes of the Meeting of December 14, 2009, Committee Reports, and such other business as the Authority may deem appropriate.; Friday, January 15, 2010, 1:30 p.m.; Room 219 West, University of Florida Indian River Research and Education Center, 2199 South Rock Road, Fort Pierce, Florida
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Minutes of the Meeting of December 14, 2009, reports, and such other business as the Committee may deem appropriate.; Friday, January 15, 2010, 11:30 a.m.; Room 219 West, University of Florida Indian River Research and Education Center, 2199 South Rock Road, Fort Pierce, Florida
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The Medical Home Task Force will assist the Agency in developing a plan to implement a Medical Home Pilot as authorized in Section 409.91207(5), F.S. All interested parties are encouraged to attend.; Friday, January 15, 2010, 10:00 a.m. – 12:30 p.m.; Agency for Health Care, Fort Knox Business Complex, 2727 Mahan Dr., Building 3, Conference Room C, Tallahassee, FL 32308. Conference Call: 1(877)327-2643, Conference ID #: 48279415#
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This is a meeting of the Hemophilia Medical Advisory Panel (HMAP) formed to assist with the Agency’s Comprehensive Hemophilia Disease Management Programs. Business is to review the clinical guidelines adopted by the Vendors. The purpose of HMAP is to develop clinical guidelines; review and recommend care protocols; suggest appropriate outreach methods to beneficiaries; review difficult cases and make recommendations.; Wednesday, January 27, 2010, 1:30 p.m. – 4:30 p.m.; Marriott Tampa Airport, Tampa International Airport, Tampa, Florida 33607, (813)879-5151
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Docket No.: 090313-PU – Complaint of Mad Hatter Utility, Inc., and Paradise Lakes Utility, LLC against Verizon Florida, Inc. PREHEARING CONFERENCE:
The purpose of this prehearing conference is to consider (1) the simplification of the issues; (2) the identification of the positions of the parties on the issues; (3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) the identification of the exhibits; (5) the establishment of an order of witnesses; and (6) such other matters as may aid in the disposition of the action.
HEARING:
DATE AND TIME: Wednesday, February 3, 2010, 9:30 a.m.
PLACE: Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida
GENERAL SUBJECT MATTER TO BE CONSIDERED: The purpose of this hearing is to permit parties to present testimony and exhibits relative to the proceeding, and for such other purposes as the Commission may deem appropriate. All witnesses shall be subject to cross-examination at the conclusion of their testimony on the issues identified by the parties at the prehearing conference held on Thursday, January 21, 2010.
EMERGENCY CANCELLATION OF HEARING: If settlement of the case or a named storm or other disaster requires cancellation of the proceedings, Commission staff will attempt to give timely direct notice to the parties. Notice of cancellation will also be provided on the Commission’s website (http://www.psc.state.fl.us/) under the Hot Topics link found on the home page. Cancellation can also be confirmed by calling: Office of the General Counsel at (850)413-6199.; Thursday, January 21, 2010, 9:30 a.m.; Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida
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Region XIV meeting to discuss Region XIV budget issues.; January 27, 2010, 10:00 a.m.; Bldg. 9000, Room 9118, North Campus, Miami, FL
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Discussion of Task Force business for the Citrus County Task Force of the Citrus/Hernando Waterways Restoration Council.; Monday, January 11, 2010, 2:00 p.m.; Lecanto Government Building, 3600 West Sovereign Path, Room 166, Lecanto, Florida 34461
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For cases previously heard by the panel.; Friday, January 22, 2010, 8:00 a.m.; Conference Call: 1(888)808-6959, Conference Code: 9849329103#. Department of Health, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida
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Discussion of Rule Chapter 64B2, Florida Administrative Code.; Thursday, January 28, 2010, 6:00 p.m.; Rosen Plaza Hotel, 9700 International Drive, Orlando, Florida 32819
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General board business.; Friday, January 29, 2010, 8:30 a.m.; Rosen Plaza Hotel, 9700 International Drive, Orlando, Florida 32819 (be held by telephone conference call if necessary)
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To discuss, evaluate and score the proposals submitted in response to Florida Housing Finance Corporation’s Request for Proposals #2009-08 for Section 8 Performance Based Contract Administration.; Tuesday, January 12, 2010, 10:00 a.m.(Eastern Time); Formal Conference Room, Florida Housing Finance Corporation, 227 North Bronough Street, Tallahassee, Florida 32301-1329
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This meeting will be discuss a draft of legislation drafted by the Bill Drafting Sub-Committee. The study group members will also discuss the final report to be submitted by the study group.; January 12, 2010, 8:00 a.m. – 6:00 p.m. or Conclusion; January 14, 2010, 8:00 a.m. – 6:00 p.m. or conclusion of necessary; Conference Call: 1(888)808-6959, Conference Code: 9439484, 229 Senate Office Building, 404 South Monroe Street, Tallahassee, Florida 32399
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Additional public hearing to discuss proposed objection from the Joint Administrative Procedures Committee dated December 15, 2009; January 14, 2010, 9:00 a.m.; Village of Key Biscayne, Village Chambers, 88 West McIntyre Street, Key Biscayne, FL 33149
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Miami-Dade Transit (MDT) has conducted an Environmental Assessment (EA) on the proposed Park and Ride Facility in Florida City. MDT has proposed the development of this new facility to address existing and future high transit demand levels in Florida City, Miami-Dade and Monroe Counties. The purpose of this hearing is to obtain input from the community on the proposed project.; Wednesday, January 20, 2010, Open House: 5:00 p.m. – 5:30 p.m.; Formal Presentation: 5:30 p.m.; Miami-Dade Public Library, Homestead Branch, 700 North Homestead Boulevard, Homestead, Florida 33030
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Collective bargaining negotiating session for a successor agreement between the Department of the Lottery and the Federation of Public Employees for FY 2010-2011. The meeting will be conducted via telephone conference call.; Friday, January 8, 2010, 9:00 a.m. (ET); continuing day to day thereafter as may be required; 250 Marriott Drive, Tallahassee, Florida 32301
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Public Hearing of the Governing Board, South Florida Water Management District to amend the 2010 Florida Forever Work Plan, included as Chapter 6A; Volume II of the South Florida Environmental Report.
The 2010 Florida Forever Work Plan (Volume II, Chapter 6A, of the 2010 South Florida Environmental Report) will be available for public review and comment from December 31, 2009 through January 14, 2010.
Public comments on the Plan may be made by regular mail or e-mail received by the District no later than 5:00 p.m., January 12, 2010 or in person at the public hearing on January 14, 2010. At the conclusion of the public hearing, the District Governing Board will vote on the recommendation to amend the Plan.
For more information regarding the Plan, please contact: Wanda Caffie-Simpson, Land Acquisition Department, (561)682-6445, e-mail: wsimpso@sfwmd.gov, South Florida Water Management District Headquarters, 3301 Gun Club Road, Mail Stop Code 7300, West Palm Beach, FL 33406.; Thursday, January 14, 2010, Regular meeting, 9:00 a.m.; Public hearing, after completion of the Discussion Agenda but may occur earlier or later in the day.; Village Chambers, Village of Key Biscayne, 88 West McIntyre Street, Key Biscayne, FL 33149
- Notices of Petitions and Dispositions Regarding Declaratory Stat (9)
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Robert M. Lyerly, Esq., on behalf of Peachtree Casualty Insurance Co.; The Petition asks whether an osteopathic physician who employs a massage therapist needs an establishment license and whether certain medical services are considered the practice of massage.
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Robert N. Heath, Jr., Esq., on behalf of Baybridge Chiropractic Clinic, P.A.; The Petition, which was filed with the Board of Massage Therapy on December 10, 2009, asks whether the establishment license obtained by a Massage Therapist, subletting a room in the clinic, can cover the entire clinic.
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Robert Dunn of the Collier County Building Review and Permitting Department, DCA09-DEC-121; The Commission determined that Sections 105.1 and 105.2, Florida Building Code, Building Volume (2007), require a permit for the replacement of a gas or electric water heater.
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C.S. Breslauer on behalf of Bermuda Roof Co., Inc., DCA09-DEC-129,; The Commission determined that the Florida Building Code gives building officials authority to permit the use of a product if they determine that the product is equivalent to products meeting standards specifically adopted within the code, but does not allow the Commission to determine the equivalence of products by issuance of declaratory statement.
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Nick D’Andrea on behalf of the City of Tampa, Construction Services Division, DCA09-DEC-138,; The Commission determined that Section 301.1, Florida Building Code, Building Volume (2007), specifically identifies areas for training and skill development that are not within a school or academic program as included within Business Group B occupancy, and that the training rooms in the building in question were properly classified in this occupancy group.
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Mike Harris, on behalf of Sea Shutters, Inc., DCA09-DEC-254,; The Commission determined that Section 1609.1.2, Florida Building Code, Building Volume (2007 as amended 10/1/09) allows non-porous shutter systems to be designed to permit glass breakage, provided that the resulting opening is not sufficient to allow internal pressurization of the building. Porous shutter systems may not be designed to permit glass breakage.
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Mitch Thomas, DCA09-DEC-257,; The Commission determined that Sections 553.73, Florida Statues, and 101.4.1, Florida Building Code, Building Volume (2007 as amended 10/1/09), require a permit for the installation of low-voltage electrical systems for telephones, data transmission, fire and security systems, closed-circuit and cable television, paging systems and speakers.
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Joseph Scofield on behalf of Advanced Manufacturing & Power Systems, Inc. (DCA09-DEC-260),; The Commission determined that the Petitioner’s proposed generator enclosures are buildings that are subject to the Florida Building Code.
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Steven P. Clisset, President of Windstrips, LLC (DCA09-DEC-263),; The Commission determined that Petitioner’s product is not within the scope of Chapter 9B-72, F.A.C., but that use of the product may be permitted by local building officials pursuant to Section 104.1.1, Florida Building Code, Building Volume (2007 as amended 10/1/09).
- Miscellaneous (12)
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Department of Environmental Protection, Office of the Secretary
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Department of Education, Departmental
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Department of Education, Departmental
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Department of Health, Board of Medicine
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Department of Transportation, Departmental
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Water Management Districts, South Florida Water Management District
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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 Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Department of Community Affairs, Division of Housing and Community Development