- Proposed Rules (2)
-
The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Indian River Lagoon Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, these nutrient TMDLs will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
-
The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for dissolved oxygen (DO) and/or nutrients in the Indian River Lagoon Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the nutrient TMDL for the Eau Gallie River in subsection 62-304.520(15), F.A.C., will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
- Petitions and Dispositions Regarding Rule Variance or Waiver (8)
-
NOTICE IS HEREBY GIVEN that on February 13, 2013, it has issued an order.
Petitioner’s Name: Eastmonte Homeowners Association, Inc. (Variance Tracking No. 13-4143)
Date Petition Filed: January 14, 2013
Rule No.: 40D-22.201(4), F.A.C.
Nature of the rule for which variance or waiver is sought: lawn and landscape irrigation
Date Petition Published in the Florida Administrative Register: January 17, 2013
General Basis for Agency Decision: Petition granted as Petitioner demonstrated substantial hardship and proposed an alternative means of achieving the purpose of the statute implemented by the rule.
-
On January 29, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from Subway located in West Palm Beach. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the three-compartment sink located within an adjacent business under a different ownership.
The Petition for this variance was published in Vol. 39/23 on February 04, 2013. The Order for this Petition was signed and approved on February 11, 2013. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that the dishwashing area within South Florida Science Museum is maintained in a clean and sanitary manner, provided with hot and cold running water under pressure and is available during all hours of operation. If the ownership of South Florida Science Museum changes (South Florida Science Museum, Inc.), an updated written agreement must be provided to the division immediately.
-
On January 29, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Section 3-305.14, 2009 FDA Food Code, Section 6-202.15, 2009 FDA Food Code, Section 6-202.16, 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code, and Paragraph 61C-4.010(6), Florida Administrative Code from Trish's Catering located in Largo. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk potentially hazardous foods other than frankfurters from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol. 39/23 on February 04, 2013. The Order for this Petition was signed and approved on February 11, 2013. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that each pan within the steam table is properly covered with an individual lid; the steam table is enclosed within a cabinet with tight-fitting doors, and is protected by an air curtain installed and operated according to the manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; steam table food is to be dispensed by the operator with no customer self-service. The Petitioner shall also strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation.
-
On February 13, 2013, the Department issued a Final Order that was in response to a Petition for Variance from La Coquille Villas, filed December 11, 2012, and advertised on December 19, 2012 in Vol. 38, No. 94, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 61C-5.025 Florida Administrative Code, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1)(a), Florida Administrative Code that requires upgrading the elevators Hydraulic supply shut-off valves because the Petitioner has not demonstrated that the purpose of the rule will be met or that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2012-405).
-
On February 13, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Verizon 120 E. Lime St., filed January 29, 2013, and advertised in Vol. 39, No. 26, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.11.3 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators for firefighters’ emergency operations because the Petitioner has demonstrated that the intent of the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2013-032).
-
On February 13, 2013 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Florida Capital Bank Building, filed January 10, 2013, and advertised in Vol. 39, No. 09, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.11.3, and 2.7.4 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators for firefighters’ emergency operations and restricted door openings until December 7, 2015 because the Petitioner has demonstrated that the intent of the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2013-006).
-
On February 13, 2013 the Division issued an order. The Final Order was in response to a Petition for a Variance from Holiday Inn, filed January 22, 2013, and advertised in Vol. 39, No. 16, of the Florida Administrative Weekly. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.11.3 ASME A17.3, 1996 edition, as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators for firefighters’ emergency operations until July 1, 2015 because the Petitioner has demonstrated that the intent of the rule will be met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2013-024).
-
withdrawal of a Petition for Waiver from The Helm Condominium Association regarding Application No. 12-1218-1M for utilization of Works or Lands of the District known as the C-17 Canal; Section 17, Township 42 South, Range 43 East, Palm Beach County. The District originally received the petition for waiver from The Helm Condominium Association on January 25, 2013, and Notice of receipt of the petition was published in the Florida Administrative Weekly, Vol. 39, No. 21, on January 31, 2013. No public comment was received.
- Notices of Meetings, Workshops and Public Hearings (17)
-
To conduct the regular business of the Clearinghouse Review Committee; February 25, 2013, 9:30 a.m.; 4000 Gateway Centre Blvd, Suite 100, Pinellas Park, Fl 33782
-
To conduct the regular business of the Local Emergency Planning Committee.; February 27, 2013, 10:30 a.m.; 4000 Gateway Centre Blvd, Suite 100, Pinellas Park, Fl 33782
-
To conduct the regular business of the Navigation District.; Friday, March 1, 2013, 10:30 a.m.; Venice City Hall, 401 W. Venice Avenue, Venice, FL 34285
-
General Business Agenda; Tuesday, March 5, 2013, 9:00 a.m.; Hilton Historic Bayfront, 32 Avenida Menendez, St. Augustine, Florida 32080
-
Department of Children and Families' Circuit 2 Alliance - Community Action Team to provide a forum for providers and the community to identify needs and gaps in services in order to improve the lives of children and families in the Big Bend area which covers Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla Counties.; Friday, March 1, 2013, 11:00 a.m. - 12:30 p.m.; Human Services Building, 1000 West Tharpe Street, Tallahassee, FL 32303
-
The Treasure Coast Regional Planning Council will conduct its regular meeting.; March 15, 2013, 9:30 a.m.; Indian River State College
Wolf High Technology Center
2400 SE Salerno Road
Stuart, FL 34997
-
The Commission will consider authorizing publishing of a notice of proposed rule amendment for Rule 28-101.001.; March 7, 2013, 9:00 a.m.; Cabinet Meeting Room, LL03, The Capitol, Tallahassee, Florida
-
The Commission will consider authorizing publishing of a notice of proposed rule amendment for Rule 28-109.005.; March 7, 2013, 9:00 a.m.; Cabinet Meeting Room, LL03, The Capitol, Tallahassee, Florida
-
The Commission will consider authorizing final adoption of revisions to the referenced rules as published in Volume 38, Number 78, November 27, 2012, edition of the Florida Administrative Register.; March 7, 2013, 9:00 a.m.; Cabinet Meeting Room, LL03, The Capitol, Tallahassee, Florida
-
Discussion of task force business for the Hernando County Task Force of the Citrus/Hernando Waterways Restoration Council.; Monday, March 4, 2013 at 3:30 p.m.; Southwest Florida Water Management District, Building 4, Conference Room 112 A & B, 2379 Broad Street, Brooksville, Florida 34604
-
To conduct a private meeting to review cases to determine probable cause and to conduct a public meeting to review cases where probable cause was previously found. Portions of the probable cause proceedings are not open to the public. All or part of this meeting may be conducted by teleconference in order to permit maximum participation of the Board members or its counsel.; Wednesday, March 6, 2013, 9:00 a.m., Eastern Time; Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.
-
General Commission Business; Monday, February 25, 2013, 9:00 AM until all business is complete; 1-888-670-3525 passcode 382243266#
-
East Central Florida District Long-Term Care Ombudsman Program Council business.; March 14, 2013, 12:00-2:00 p.m.; 400 W. Robinson St. Rm. N301, Orlando, FL 32801
-
Discussion items will include but are not limited to committee updates.; March 22, 2013, 9:00 am - 1:00 pm; Orlando-Orange County Expressway Authority, 4974 ORL Tower Road, Orlando, FL 32807, Dial-In: 1-888-942-8686, Conference ID: 5743735657#
-
Quarterly meeting of the Florida Fire Safety Board. Anyone wishing to attend may attend in person or by telephone conference call. Those attending by telephone conference call should dial (850) 413-1558, (Cisco VoIP Internal callers may reach the conference call by dialing 11558.) Once you have dialed the initial number you will be prompted to enter the Conference ID which is 8577016
The connection will be available 5 to 10 minutes before 10:00 AM
; Tuesday, February 26, 2013, at 10:00 AM; State Fire Marshal Conference Room, Third Floor, Atrium Bldg., 325 John Knox Road, Tallahassee, Florida 32303.
-
The Commission will consider the withdrawal of revisions to the rule as published in Volume 38, Number 78, November 27, 2012, edition of the Florida Administrative Register.; March 7, 2013, 9:00 a.m.; Cabinet Meeting Room, LL03, The Capitol, Tallahassee, Florida
-
The proposed ordinance amends the Tamarac City Zoning Code provisions regulating telecommunications towers and antennas to expressly address current industry practices with respect to installation of personal wireless service facilities in the public rights-of-way.; Wednesday, February 27, 2013, 9:00 a.m.; City of Tamarac Commission Chambers, 7525 NW 88th Ave., Tamarac, FL 33321
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
-
Mark A. Faris, Esq., In Re: Sea Oats Property Owners’ Association, Inc., Docket No. 2013001978; The division entered its Order Closing File based on the petitioner’s request to withdraw the Petition for Declaratory Statement.
-
Concord Management, Limited; The Notice of Petition for Declaratory Statement was published in Vol. 39, No. 6, of the Florida Administrative Register on January 9, 2012. The Petition asked for an interpretation of Section 7.10.1.5.1, National Fire Protection Association (NFPA) 101 (2009), in order to determine whether the exit and egress arrangement of an apartment building described in the Petition is "readily apparent" for occupants of the apartment building. If such exit and egress arrangement is "readily apparent," the apartment building is not required to have exit signs according to Section 7.10.1.5.1, NFPA-101 (2009). After a review of the apartment building's floor plans and a picture of the exit and egress arrangement, the Division of State Fire Marshal (Division) has determined that the exit and egress arrangement is readily apparent and therefore, under Section 7.10.1.5.1, NFPA-101 (2009), the apartment building is not required to have exit signs in the exit areas described in the Petition.
-
Eric S. Hansen, D.C.; The Notice of Petition for Declaratory Statement published on October 26, 2012, in Vol. 38, No. 59, of the Florida Administrative Register. Petitioner sought the Board’s interpretation of Rule 64B2-18.001 entitled, “Definitions,” and Rule 64B2-18.0075, F.A.C., entitled, “Direct Supervision of Registered Chiropractic Assistant,” concerning whether petitioner is allowed to use registered chiropractic assistants to perform manual therapy when the assistants also have an active/current Florida massage therapist license. The Board of Chiropractic Medicine considered the Petition at its meeting held on January 18, 2013, in Orlando, Florida.
The Board's Order filed on February 8, 2013, declined to answer the petition on the grounds that the petition did not describe with particularity Petitioner’s circumstances; and therefore, the Board was unable to apply its rules to the questions posed.