- Petitions and Dispositions Regarding Rule Variance or Waiver (8)
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On February 23, 2015 the Division issued an order. The Final Order was in response to a Petition for an emergency Variance from Residence Inn Daytona Beach Oceanfront, filed February 16, 2015, and advertised on February 17, 2015 in Vol. 41, No. 32, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 2.2.2.5, ASME A17.1b, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires upgrading the elevators sump pump because the Petitioner has demonstrated that the purpose of the underlying statute has been met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2015-045).
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Strahl Plaza. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators operations which poses a significant economic/financial hardship. Any interested person may file comments within 14 days of the publication of this notice with Mark Boutin, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013 (VW2015-047).
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Gulf Coast Medical. Petitioner seeks an emergency variance of the requirements of ASME A17.1b, Section 2.2.2.5, and FBC 3008.1(3)(e) as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators sump and pump operations and 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 (VW2015-048).
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Park Residences. Petitioner seeks an emergency variance of the requirements of ASME A17.1, Section 2.4.1.5 and 2.15.92, as adopted by 61C-5.001(1), Florida Administrative Code to request the use of a retracting toe guard 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 (VW2015-049).
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Regina Combs, on behalf of Review of Optometry (a/k/a JHI, a/k/a JMI), filed a Petition for Variance on November 10, 2014, which was published on November 19, 2014, in Vol. 40, No. 225, of the Florida Administrative Register. Petitioner sought a variance or waiver of 64B13-5.002(3)(c), F.A.C., which requires that a continuing professional education course must be approved by the Board as transcript quality prior to the time it is taken. The Board considered the Petition at a duly-noticed, telephonic public meeting held on December 9, 2014.
The Board’s Order, filed December 30, 2014, denied the Petition finding that the courses had not been considered or approved as Transcript Quality courses prior to being offered to the public; further, the Petition failed to demonstrate a substantial hardship or violation of the principles of fairness that would justify a waiver or variance for Petitioner.
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Nikolaos C. Zagorianos filed a Petition for Variance or Waiver on November 18, 2014 – published November 21, 2014, in Vol. 40, No. 227, of the Florida Administrative Register – regarding 64B13-4.001(2), F.A.C., which requires that an applicant achieve a score of 75% or better on each of the three skills listed in Rule 64B13-4.001(c), F.A.C., on the same test attempt. The Board considered the Petition at a duly-noticed, telephonic public meeting held on December 9, 2014.
The Board’s Order, filed December 30, 2014, dismissed the Petition finding that Petitioner’s request as written does not satisfy the requirements of a Petition for Waiver and Variance as stated in §120.542, F.S., and Rule 28-104, F.A.C.
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waiver of 64B13-4.001, F.A.C., filed by Stephanie Parrish, O.D., regarding the requirement that passing scores on Part I, Part II, and Part III of the licensure examination must be obtained within the 7-year period immediately preceding application to take Part IV of the licensure examination. The Board will consider this petition at its next meeting.
Comments on this petition should be filed with the Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, within 14 days of publication of this notice.
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Matrix Educational Center filed a Petition for Variance or Waiver on June 10, 2014 – published July 8, 2014, in Vol. 40, No. 131, of the Florida Administrative Register – regarding 64B9-15.005, F.A.C., requesting a temporary extension of the probationary period.
The Board considered the Petition at a duly-noticed public meeting held on August 7, 2014.
The Board’s Order, filed September 3, 2014, denied the Petition finding that: a) Petitioner has not established that the purpose of the underlying statute, §464.2085, F.S., would be met were Petitioner to be granted a variance from the rule; b) Petitioner failed to establish that the Board's application of 64B9-15.005, F.A.C., to Petitioner's circumstances would violate principles of fairness or impose a substantial hardship; and c) Petitioner's program approval was rescinded and Petitioner no longer has standing for a variance or waiver from the rule.
- Notices of Meetings, Workshops and Public Hearings (20)
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The Coral Reef Conservation Program is holding a meeting of the Our Florida Reefs North Community Working Group in which working group members will review comments provided by the Technical Advisory Committee, Southeast Florida Coral Reef Initiative team, and other associated groups to further develop a list of recommended management actions that will improve management and protection of Southeast Florida coral reefs.; Wednesday, March 25, 2015, 9:00 a.m. – 5:00 p.m.; Education Classrooms 101/102, Pine Jog Environmental Education Center, Florida Atlantic University, 6301 Summit Blvd. West Palm Beach, FL 33415
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Second Tuesdays: regular board meetings; fourth Tuesdays: workshops to discuss general business; Second and fourth Tuesdays, monthly, 2015, 4:30 p.m.; USDA Ocala Service Center, 2441 NE 3rd St., Ste. 204-2, Ocala, FL 34470
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The purpose of the meeting is for the Commission to vote on the disposition of cases pending before it for decision.; Thursday, March 26, 2015, at 11 a.m. ET.; Call 1 (888) 670-3525 and when prompted, enter passcode 1760507820, followed by the # key.
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Topics to include but are not limited to the Consumer Services Committee Report.; March 17, 2015, 12:30 - 2:00 p.m.; Sheraton Orlando North, 600 N. Lake Destiny Dr., Maitland, FL 32751
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SR 40 design project from SR 15/US 17 to west of SR 11 in Volusia County
The Florida Department of Transportation (FDOT) is conducting a public information meeting for the for SR 40 design project from SR 15/US 17 to west of SR 11 in Volusia County. The purpose of this project is to widen SR 40 to four lanes from SR 15/US 17 to west of SR 11.
The purpose of the meeting is to present the design concept of this improvement project to the public. Project maps, drawings and other pertinent information will be on display for public review. FDOT staff and others associated with the project will be available to discuss the project and answer questions.
; Thursday, March 5, 2015
from 5:30 p.m. to 7:00 p.m; Volusia Lodge No. 77 Free & Accepted Masons (F & AM)
Pine St & SR 40,
Barberville, FL 32105
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, March 13, 2015, 2:00 p.m.; 1 (888) 670-3525, Participation Code: 125-528-7056
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, March 27, 2015, 2:00 p.m.; 1 (888) 670-3525, Participation Code: 125-528-7056
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General Board Meeting; Teleconference: 1(888)670-3525 - Participant Code 6468673392#; Tuesday, March 3, 2015, 2:00 PM to 3:00 PM; 400 S. Monroe Street, Tallahassee, FL 32399
Suite #1602, The Capitol
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Deliberation for cases pending before the Reemployment Assistance Appeals Commission that are ready for final review and the Chairman's report. No public testimony will be taken.; March 4, 2015, 9:00 a.m.; Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151
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The Department is announcing a Basin Working Group Meeting for the Lower St. Johns Tributaries Fecal Coliform Basin Management Action Plans (BMAPs) I and II. Items to be discussed include the BMAP I 2014 Progress Report, the BMAP II 2014 Progress Report and the second phase update for Lower St. Johns Tributaries Fecal Coliform BMAP I. The meeting will discuss the Second Phase BMAP I prior to submitting the plan to the Secretary for adoption. The BMAP is the means for implementation of the adopted Total Maximum Daily Loads (TMDLs) for Fecal Coliform. Meeting discussion will include the draft Second Phase BMAP I, describing additional activities to result in reduction of fecal coliform load to the BMAP I waterbodies. These load reduction activities will take place during the next 5 years and include efforts to track potential fecal coliform sources using water sampling techniques to detect sucralose, acetaminophen, and a human waste microbial source tracking marker. Lower St. Johns River Tributaries BMAP I covers 10 tributaries and Lower St. Johns Tributaries BMAP II includes 15 tributaries; March 5, 2015 Time: 9:00 a.m; FDEP-Northeast District Office, Conference Rooms 1A and 1B, 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida 32256
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General Business.; March 20, 2015, 9:00 a.m.; Department of Business & Professional Regulation 1940 N. Monroe St., Tallahassee, FL 32399
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1. The Committee will meet regarding the general business of the Committee.
2. Such other matters as may be included on the Agenda for the March 19, 2015, Audit Committee Meeting.
; March 19, 2015 – 4:00 p.m. until adjourned; Florida Housing Finance Corporation
Seltzer Room, 6th Floor
227 N. Bronough Street
Tallahassee, FL 32301
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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 Requests for Applications funding selection 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 March 20, 2015, Board Meeting.
; March 20, 2015 – 8:30 a.m. until adjourned; Tallahassee City Hall Commission Chambers
300 Adams Street
Tallahassee, FL 32301
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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 March 20, 2015, Board Meeting.
; March 20, 2015 – 11:00 a.m., or upon adjournment of the Florida Housing Finance Corporation Board of Directors meeting, until adjourned.; Tallahassee City Hall Commission Chambers
300 Adams Street
Tallahassee, FL 32301
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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 March 20, 2015, Board Meeting.
; March 20, 2015 – 11:00 a.m., or upon adjournment of the Florida Housing Finance Corporation Board of Directors meeting, until adjourned.; Tallahassee City Hall Commission Chambers
300 Adams Street
Tallahassee, FL 32301
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Topics include but are not limited to the Market Accountability Advisory Committee (MAAC) Report.; March 17, 2015, 9:00 a.m.; Sheraton Orlando North, 600 N. Lake Destiny Drive, Maitland, FL 32751
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Topics include but are not limited to Financial and Committee Reports.; March 18, 2015, 9:00 a.m. - 12:00 p.m.; Sheraton Orlando North, 600 N. Lake Destiny Drive, Maitland, FL 32751; or Dial In: 888-942-8686, Conf ID: 5743735657#
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The Florida Statewide Digital Action Plan Steering Committee will meet to discuss project progress.; Wednesday, March 4, 2015, 1:00 p.m. - 2:30 p.m. Eastern; Online; Please join the meeting.
Training ID: 638-327-772
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Ongoing Hilllsborough County Alliance business.; March 10, 2015, 9:00 a.m.; 1002 E. Palm Avenue, Tampa, FL
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Quarterly meeting of the FSLSO Board of Governors. General business matters to be discussed.; April, 13, 2015, 1:00 pm; 1441 Maclay Commerce Drive, Suite 200, Tallahassee, FL 32312
- Notices of Petitions and Dispositions Regarding Declaratory Stat (5)
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Diversified Conveyors, Inc.; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 228, of the November 24, 2014, Florida Administrative Register. The petition seeks a declaratory statement regarding clarification of the Contractor License Statutes, Sections 489.105 and 489.103, Florida Statutes, as to whether a contractor's license is available and required for the installation of the company's conveyor systems. The Board’s Order, filed on February 11, 2015, declines to issue a declaratory statement because the Petitioner has not established standing.
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Mark L. Biebighauser; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 205, of the October 21, 2014, Florida Administrative Register. The petition seeks a declaratory statement regarding a classification for Prestress/Precast Concrete Panel Erection so that they can apply for the correct license. The Board’s Order, filed on February 11, 2015, declines to issue a declaratory statement because the Petitioner has not established standing.
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Steel Fabricators, LLC; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 244, of the December 18, 2014, Florida Administrative Register. The petitioner seeks a declaratory statement as to whether licensure is required pursuant to Part I of Chapter 489, Florida Statutes, in order to perform structural steel and architecturally exposed structural steel work in Florida. The Board’s Order, filed on February 11, 2015, declines to issue a declaratory statement due to pending litigation.
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Robert McCandless; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 121, of the June 23, 2014, Florida Administrative Register. The petition seeks a declaratory statement from the Board as to whether "at property line" within Section 489.105(n), Florida Statutes, is intended to prohibit the underground utility and excavation contractor from continuing beyond the property line and, if so, is it required that a plumbing contractor perform the work beyond the property line. The Board’s Order, filed on February 11, 2015, issues a declaratory statement that either a underground utility and excavation contractor or a plumbing contractor can complete the scope of the work beyond the property line, up to 5 feet from the building, or the second meter, whichever is furthest from the property line.
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David J. Brogdon/Pro/Max Construction LLC; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 105, of the May 30, 2014, Florida Administrative Register. The petition seeks a declaratory statement regarding 489.113(3)(b), Florida Statutes, as to whether a general contractor can shingle the roof of an addition to a house that he did not originally build. The Board’s Order, filed on February 11, 2015, issues a declaratory statement that pursuant to 489.113(3)(b), Florida Statutes, a general contractor may not shingle the roof of an addition to a house when the addition is not a new building of his or her own construction. The Board declines to answer the questions as set forth on Page 4 of the Petition.
- Miscellaneous (14)
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Agency for Health Care Administration, Certificate of Need
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Agency for Health Care Administration, Certificate of Need
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Department of Juvenile Justice, Departmental
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Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Agency for Health Care Administration, Medicaid
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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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Agency for Health Care Administration, Medicaid
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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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Requirements
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Agency for Health Care Administration, Medicaid
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Department of Health, Board of Pharmacy
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Department of Health, Board of Nursing