- Notices of Development of Proposed Rules and Negotiated Rulemaking (1)
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Pursuant to Section 627.782, Florida Statutes, title insurance agencies and insurers licensed to do business in this state must maintain and submit certain information to the Office, including revenue, loss, and expense data. This statute authorizes rulemaking to collect and analyze such data from the title insurance industry.
The current version of Rule 69O-186.013 implements the provisions of Section 627.782, Florida Statutes, by listing the types of information that shall be submitted to the Office by title insurance agencies and insurers. The Office is proposing to strike the current language of the rule and to replace it with new language that adopts a form, entitled “OIR-EO-2087 Title Insurance Experience Reporting-Agents and Direct-Writing Title Insurance Underwriters”. This form will be submitted to the Office electronically by title insurance agencies and insurers to comply with the reporting requirements of Section 627.782, Florida Statutes. The statistical data collected will be used for the purpose of analyzing premium rates, retention rates, and the condition of the title insurance industry.
- Proposed Rules (6)
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The purpose of these rules is to establish the disciplinary violations for which licensed community association managers and community association management firms may receive a notice of non-compliance or citation. Furthermore, these rules establish violations which may proceed through the disciplinary process through mediation rather than through the disciplinary process.
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The purpose of the rule development is to revise the current process and criteria for issuing continuing contracts. In addition, criteria for post-award performance reviews are added, and grounds for termination of continuing contracts are revised to include failure to meet the post-award performance criteria. The effect will be a rule aligned with Florida Statutes.
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The Board proposes the rule amendment to modify the rate the Department assesses the gross amount of pilotage earned.
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The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL) and its allocation for nutrients, which has caused impairment in the Jackson Blue Spring and Merritts Mill Pond within the Chipola River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, this nutrient TMDL will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
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The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL) and its allocation for nutrients, which has caused impairment in the Rainbow Springs Group and the Rainbow Springs Group Run within the Withlacoochee River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, this nutrient TMDL will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
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To implement Chapter 2012-168, L.O.F., to include new specialty technologist categories and amend rule language as necessary to ensure that all rules conform to statutory requirements and the current practices and procedures for radiological personnel.
- Petitions and Dispositions Regarding Rule Variance or Waiver (5)
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of an Order regarding the Petition for Variance or Waiver for Preeti S. Jha, filed on July 10, 2012. The Notice of Petition for Variance and Waiver was published in Volume 38, No. 29, of the July 20, 2012, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on August 3, 2012. The Petitioner was seeking a permanent variance or waiver of Rule 64B17-3.001, Florida Administrative Code, with regards to the requirement that foreign graduates have received a determination that the credentials are equivalent to education required for licensure as a physical therapist in the United States as determined by the Foreign Credentialing Commission on Physical Therapy.
The Board's Order, filed on September 4, 2012, grants the Petition for Variance or Waiver. The Petitioner has demonstrated that the Petition for Variance and Waiver was in substantial compliance with the provisions of Section 120.542, Florida Statutes, and Chapter 28-104, Florida Administrative Code. Petitioner has demonstrated that the purpose of the underlying statute has been met. Further, Petitioner has demonstrated that application of the rule would cause a substantial hardship and would violate the principles of fairness.
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waiver filed by James Dennemeyer, M.D., from Rule 64B8-4.009, F.A.C., with regard to the requirement for submission of documentation of medical education directly from Petitioner’s medical school. Comments on this petition should be filed with the Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3053, within 14 days of publication of this notice.
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Jonathan D. Lavelle. The petitioner is seeking a waiver or variance of Rule 64B2-13.0045(5), Florida Administrative Code, which requires that each applicant for licensure shall attend and certify attending a Board-approved two hour course relating to the prevention of medical errors.
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Lyle W. Grenz, D.C. Petitioner is seeking a waiver or variance of Rule 64B2-13.004(1), Florida Administrative Code, which requires that for the purpose of renewing a license, an applicant must demonstrate to the Board that he or she participated in at least forty (40) classroom hours of continuing chiropractic education during the past two years, of which at least three hours shall be in the area of risk management. Two of these three risk management hours shall specifically relate to the laws and rules of the board and the regulatory agency under which the Board operates. For the purpose of this rule, risk management means the identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing or eliminating identifiable risks. The laws and rules of the Board and the regulatory agency under which the Board operates include Chapters 456 and 460, F.S., and Rule Title 64B2, F.A.C. Petitioner is also seeking a waiver or variance from Rule 13.004(2), Florida Administrative Code, which requires that only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable. Six (6) hours of the forty (40) shall be in the area of record keeping/documentation and coding; and two (2) hours of the forty (40) must be in the area of ethics and boundaries.
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Ponce de Leon Hall. Petitioner seeks an emergency variance of the requirements of ASME A17.1, Section 2.7.1. 2.7.1.1, 2.7.1.1.2, 2.7.1.2, 2.7.1.2.1, and 110.1 and 61C.5.009 as adopted by Chapter 30, Section 3001.2 Florida Building Code adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators enclosure of rooms and spaces, fire-resistive construction, non-fire-resistive construction entrances and emergency door required and venting of hoistways which poses a significant economic/financial hardship. Any interested person may file comments within 5 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2013-057).
- Notices of Meetings, Workshops and Public Hearings (25)
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Disability Rights Florida, Florida's Protection & Advocacy Programs Quarterly Meeting of the Board of Directors; Thursday, March 21, 2013, 9:00 a.m.; Hilton Garden Inn- Tallahassee Central, 1330 Blair Stone Road
Tallahassee, FL 32301 (850) 893-8300
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General Business Meeting; March 14, 2013, 8:00 a.m.; Central Florida Research Park
12424 Research Parkway, Suite 100
Orlando, FL 32826
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The Fish and Wildlife Conservation Commission (FWC) and the Florida Department of Environmental Protection (DEP) will host a public meeting to gather public input on the Gulf Coast Ecosystem Restoration Council's Path Forward document. DEP and FWC will also be discussing the State's five priority areas for projects and will seek input on projects the public would like the State to submit to the Gulf Coast Ecosystem Restoration Council for consideration for inclusion in the initial Comprehensive Plan.; February 28, 2013, 6:00 pm (Central); Gulf Coast State College, Student Union East Conference, 5320 W. U.S. 98, Panama City, FL 32401
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Mimi Drew, Governor Scott's representative on the Gulf Restoration Council, will provide an update on the Council's activities. Additional business items will be discussed and considered.; February 28, 2013, 1:00 to 4:00 p.m. Central Time; Gulf Coast State College, Student Union East Conference Center, Second Floor, 5230 W. U.S. 98, Panama City, Florida
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The Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission will host a webinar to give an update on the Gulf Coast Ecosystem Restoration Council (Council) and to discuss the State's five priority areas for projects that will be submitted by the State to the Council for consideration for inclusion in the initial Comprehensive Plan.; February 26, 2013, 12 - 1 pm (Eastern); https://www2.gotomeeting.com/register/727220354
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CE/Exams/Public Awareness committee meeting of the board.; Tuesday, March 12, 2013, 10:00am or soon thereafter.; Conference Call: 1(888)670.3525, Conference Code: 2938723619.
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The FCT Governing Board will consider issues relating to the project plan approval of Cypress Creek, petition for rule waiver filed by Manatee County, potential amendments to Rule 62-815.013, and any other business the Board may deem necessary.; March 14, 2013 10 a.m., until business is concluded.; Call in number 1-888-670-3525; Code Number: 7020742991
or
Department of Environmental Protection
3800 Commonwealth Blvd., Carr Bldg. Room 170
Tallahassee, Florida 32399
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The Charter School Appeal Commission will hear the Application denials of the following schools:
Pivot Charter School vs. Palm Beach County School Board
Florida High School for Accelerated Learning West Palm Beach Campus, Inc., On behalf of Schools II and III vs. Palm Beach County School Board
Florida Futures Academy, West Palm Beach Campus vs. Palm Beach County School Board
Florid a Futures Academy, Riviera Beach Campus vs. Palm Beach County School Board
Innovations Charter School of Eastern Lee vs. Lee County School Board
Innovations Charter School of Western Lee vs. Lee County School Board
Innovations Charter School of DeSoto vs. DeSoto County School Board; March 4, 2013, 10:30 a.m. - Completion
March 5, 2013, 10:30 a.m. - Completion; 325 W. Gaines Street
Conference Room 1703
Tallahassee, Florida 32399-0400
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General business, disciplinary and committee meetings of the board.; Wednesday, March 13, 2013, 12:00 Noon; Thursday, March 14, 2013, 8:00 a.m.; Friday, March 15, 2013, 8:00 a.m. or soon thereafter.
; Embassy Suites Tampa/USF, 3705 Spectrum Blvd., Tampa, Florida, 33612.
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Business before the Actuarial & Underwriting Committee.; March 5, 2013, 8:00 a.m.; Conference Call: 1-866-361-7525, Conference ID: 8632017402#
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Business before the Claims Committee.; March 8, 2013, 10:00 a.m.; Conference Call 1-866-361-7525, Conference ID: 5219676193#
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NSRC Metrics Methodology Review, Review of NSRC Test Plan.; March 7, 2013 1:30-3:30; Northwood Shared Resource Center
1940 N. Monroe Street, CR2020
Tallahassee, Florida 32399
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Review of SOP's, NSRC Cash Position & RFQ (Cost Allocation) Update.; March 8, 2013 8-10am; Department of Juvenile Justice
2737 Centerview Drive, CR1134
Tallahassee, Florida 32399
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Regularly scheduled meeting of the Board of Directors of the Center for Independent Living of South Florida, Inc. The Finance Committee and other ad hoc committees will meet 11:00 a.m. - 12:00 Noon, prior to the Board Meeting.
If alternative format (Braille, large print, electronic or audiotape), ASL interpreter, or other accommodation is required, please request at least 14 days in advance of the meeting date. RSVP to: Mary@soflacil.org or call: (305) 751-8025, (TDD) (305) 751-8891.; Saturday, March 30, 2012, 12:00 Noon -- 2:00 p.m.; 6660 Biscayne Boulevard, Miami, FL 33138
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Business before the Market Accountability Advisory Committee.; March 21, 2013, 10:30 a.m.; Orlando-Orange County Expressway Authority, 4974 ORL Tower Road, Orlando, FL 32807, dial in: 1-866-361-7525 Conference ID: 7849939192#
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The Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission will host a webinar to give an update on the Gulf Coast Ecosystem Restoration Council (Council) and to discuss the State's five priority areas for projects that will be submitted by the State to the Council for consideration for inclusion in the initial Comprehensive Plan.
; February 26, 2013, 12 - 1 pm (Eastern); https://www2.gotomeeting.com/register/727220354
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Pursuant to 40 CFR 51.102, the Department of Environmental Protection (DEP) announces an opportunity to offer comments or request a public hearing on an amendment to the proposed lead (Pb) nonattainment area plan, originally submitted to the Environmental Protection Agency (EPA) on June 29, 2012, for the Pb nonattainment area located in Hillsborough County that is centered on a lead recycling facility. The previously submitted nonattainment plan incorporated the facility’s 2009 federally enforceable air construction permit that provided for the complete modernization of the facility and the implementation of a variety of top level controls and emission limits associated with lead recycling. The construction permit was modified in 2012 to better ensure compliance with the 2012 National Emissions Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 63, Subpart X – Secondary Lead Smelting. DEP is now amending its previously submitted proposed nonattainment plan to incorporate the modifications provided for in the 2012 construction permit and to include a base year Pb emissions inventory and contingency measures. A public hearing will be held, if requested, at the date, time, and place given above. It is not necessary that the hearing be held or attended in order for persons to comment on DEP’s proposed submittal to EPA. Any request for a public hearing must be submitted by letter or e-mail to Marnie Brynes, Department of Environmental Protection, Division of Air Resource Management, 2600 Blairstone Road, MS #5500, Tallahassee, Florida 32399-2400, Marnie.Brynes@dep.state.fl.us by March 25, 2013. Any comments must be submitted by letter or e-mail to Will Sexton at the above address or Will.Sexton@dep.state.fl.us, with a copy to Ms. Brynes, by March 25, 2013. If no request for a public hearing is received, the hearing will be cancelled, and notice of the cancellation will be posted at the following website: http://sharepoint.dep.state.fl.us/PublicNotices/default.aspx. Persons may also contact Ms. Brynes at (850) 717-9029 to find out if the hearing has been cancelled. The materials comprising DEP’s proposed SIP revision are accessible at http://www.dep.state.fl.us/air/rules/regulatory.htm or from the above website by clicking on the April 2, 2013 hearing link. The materials may also be inspected during normal business hours at the DEP, Division of Air Resource Management office, 2600 Blairstone Road, Tallahassee, Florida, or accessed with the aid of any DEP District Air Section or DEP-approved local air pollution control office.; April 2, 2013 at 1:00 p.m.; Department of Environmental Protection, Bob Martinez Center, 2600 Blairstone Road, Room 195, Tallahassee, Florida.
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This is a meeting of the Florida Propane Gas Education, Safety and Research Council and representatives of the Florida Department of Agriculture and Consumer Services to discuss and review council programs and budget issues.; March 18, 2013, 1:00 - 2:30 p.m.; Monroe Street Conference Center
2714 Graves Road, Tallahassee, Florida 32303
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This is a meeting of the Florida Liquefied Petroleum Gas Advisory Board to discuss industry-related issues.; March 18, 2013, 3:30 p.m. - 4:30 p.m.; Monroe Street Conference Center, 2714 Graves Road, Tallahassee, Florida 32303
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This will be a general business meeting of the Foundation for Indigent Guardianship, Inc.; March 14, 2013 at 12:30 p.m. to 1:30 p.m. EST; Confernence Call: 1-888-670-3525, conference Code: 7919129022#
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Meeting to continue discussion on the Waitlist Prioritization for individuals waiting to receive home and community based services waivers. The meeting will focus on final recommendations obtained at the previous public meeting held on February 18, 2013 regarding the prioritization of the waitlist categories as defined in s. 393.065(5), Florida Statutes.; Monday, March 4, 2013, 1:00 p.m. – 5:00 p.m., E.S.T.; Capital Circle Office Center, 2450 Shumard Oak Boulevard, Tallahassee, FL Building 1, Room 1820
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The Budget Task Force will meet to discuss the board's quarter financials.; March 11, 2013, beginning at 2:30 p.m., until all business is concluded.; Conference call, dial in number 888.670.3525; Pass code number 9801392456#
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The Board will meet to consider enforcement proceedings including consideration of investigation officers’ reports, rules, and other general business. This is a public meeting.; Wednesday, March 20, 2013 beginning at 9:00 a.m., until all business is concluded.; Conference call, dial in number 888.670.3525; Pass code number 9801392456#
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NSRC Metrics Methodology Review, Review of NSRC Test Plan.; March 7, 2013 1:30-3:30; Northwood Shared Resource Center
1940 N. Monroe Street, CR2020
Tallahassee, Florida 32399
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Review of SOP's, NSRC Cash Position & RFQ (Cost Allocation) Update.; March 8, 2013 8-10am; Department of Juvenile Justice
2737 Centerview Drive, CR1134
Tallahassee, Florida 32399
- Notices of Petitions and Dispositions Regarding Declaratory Stat (3)
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Aaron R. Cohen, Esq., In Re: Grandview Palace Condominium Association, Inc.., Docket No. 2013006592, filed on February 15, 2013.; Whether the developer of Grandview Palace Condominium is holding 2% of its units for sale in the ordinary course of business to be eligible to hold a seat on the board under section 718.301(1)(g), Florida Statutes.
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Kirschenbaum & Kirschenbaum, P.C., on behalf of Convergys Customer Management Group, Inc.,; The Notice of Petition for Declaratory Statement published on January 10, 2013, in Vol. 39, No. 07, of the Florida Administrative Register. Petition sought the Board’s interpretation of Section 489.518 (1)(b), F.S., entitled, “Alarm System Agents,” as to whether telemarketers, employed by an alarm company who will be involved in business solicitation, technical support, and consumer education of alarm systems: (1) would be required to obtain any license, certification, or registration under Chapter 489, F.S.; (2) would be considered “Alarm System Agents,” and if yes, (3) would they be required to adhere to the training requirements of Section 489.518(1)(b), F.S., for “Alarm System Agents.” The Electrical Contractors’ Licensing Board considered the Petition at its meeting held on January 18, 2013, in Fernandina Beach, Florida.
The Board's Order filed on February 8, 2013, answered the petition in the affirmative. The Board opined that the telemarketer, as described in all of the scenarios described in the petition, would be required to be licensed by the Florida Electrical Contractors’ Licensing Board and meet the requirements of Chapters 489 and 455, Florida Statutes and Rule Chapter 61G6, Florida Administrative Code. The Board also opined that the telemarketer’s employees would be required to be certified as Burglar Alarm System Agents if their duties included any of those specified in Section 489.505(25)(c), Florida Statutes.
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Edward J. Rossman, Clean Air Concepts; The Notice of Petition for Declaratory Statement was published in Volume 38, No. 88, of the December 11, 2012, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on January 11, 2013. The Petitioner was seeking an interpretation of Chapter 489.105, Florida Statutes, and whether Petitioner can be qualified in a specialty category or whether a sheet metal contractor’s license is sufficient to perform the installation of vehicle exhaust systems described in the petition.
The Board’s Order, filed on February 14, 2013, issues a Declaratory Statement that a sheet metal contractor’s license is required to perform the described vehicle exhaust system installation services.