- Petitions and Dispositions Regarding Rule Variance or Waiver (9)
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On February 11, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from China 1 located in Odessa. 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 share the bathrooms located within an adjacent establishment under different ownership for use by customers only.
The Petition for this variance was published in Vol. 40/32 on February 17, 2014. The Order for this Petition was signed and approved on February 24, 2014. 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 the bathrooms located within Citgo (Eddy Ben) are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Citgo (Eddy Ben) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
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that on February 12, 2014, the Department issued a final order granting a variance to Lee County Utilities (“Petitioner”). The petition was received on October 01, 2013. Notice of receipt of the petition was published in the Florida Administrative Register on October 11, 2013. The petition requested a variance from Rule 62-610.472(4)(a)4., F.A.C., which requires supplemental water supply pipes to be color coded and marked to differentiate them from reclaimed water and potable water facilities. The Petitioner requested the variance in order to utilize an existing and abandoned potable water pipe to carry supplemental water to augment Petitioner’s reclaimed water system. Instead of color coding, Petitioner will install and maintain above ground signage. The pipe is located behind the residences on the east side of Bartow Blvd., north and south of Coral Gables Rd., in Lee County, zip code 33967. The Final Order [OGC Case No.: 13-1224], granted the petition for the variance because the Petitioner demonstrated that application of the rule would create a substantial hardship and that the purpose of the underlying statute would be achieved by other means.
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On February 13, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), Florida Administrative Code, Paragraph 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2009 FDA Food Code from Frankie D's Pizzeria and Grill located in Panama City Beach. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees. They are requesting to share the bathrooms located within an adjacent establishment under different ownership for use by both customers and employees.
The Petition for this variance was published in Vol. 40/32 on February 17, 2014. The Order for this Petition was signed and approved on February 24, 2014. 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 the bathrooms located within Crazy 8's Billiards (Crazy 8's Billiards, LLC; Gary Lemanski) are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, hand wash sign, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Crazy 8's Billiards (Crazy 8's Billiards, LLC; Gary Lemanski) changes, an updated signed agreement for use of the bathroom facilities is required immediately.
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On February 13, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, and Section 4-301.11, 2009 FDA Food Code, from A La Crepe located in Merritt Island. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, at least one service sink for the cleaning of mops or similar cleaning tools and the disposal of mop water; dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils; an area for food preparation that has a conveniently located handwash sink and that food must be properly stored in a licensed establishment. They are requesting to install potable and wastewater holding tanks and utilize the mopsink, dishwashing, food storage and prep facilities located within another licensed establishment under the same ownership.
The Petition for this variance was published in Vol. 40/32 on February 17, 2014. The Order for this Petition was signed and approved on February 24, 2014. 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 the wastewater holding tank for the handwash and three-compartment sinks is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure the handwash and three-compartment sinks are provided with hot and cold running water under pressure; the handwash sink is provided with soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure that the mop sink and dishwashing areas within The Pretzel Twister (DACS permit number 1500809) are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and are available during all hours of operation. The Petitioner shall also ensure the food storage facilities in The Pretzel Twister are maintained in a clean and sanitary manner and are capable of keeping time/temperature control for safety foods at the proper temperatures. If the ownership of The Pretzel Twister (SweetSun LLC) changes, a written agreement must be provided to the division immediately.
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for waiver or variance filed by John H. Bannwarth, O.D., with regards to the licensure requirements of subsection 64B13-4.001(2), F.A.C. The Petitioner is requesting a waiver of the requirement that passing scores on Part I, Part II, and Part III of the licensure examination must be obtained within the seven year period immediately preceding application to take Part IV of the licensure examination.
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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waiver or variance filed by State University of New York College of Optometry, from Rule 64B13-5.002(3)(c), F.A.C., with regard to approval of transcript quality continuing education programs. Specifically, the Petitioner, requests a one-time variance/waiver of the rule’s requirement that a continuing education program be approved as transcript-quality coursework prior to the course being offered This permanent waiver/variance is requested for the five courses
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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that the petition filed by Alan Ramsdell, Sr. on December 4, 2013, seeking a variance or waiver from Rule 64B12-9.002, Florida Administrative Code, Re-Examinatiion, has been withdrawn by written request filed on February 10, 2014. The Notice of Petition was published in Vol. 39, No. 2518, of the December 31, 2013, issue of the Florida Administrative Register.
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NOTICE IS HEREBY GIVEN by the Florida Public Service Commission that Florida Power & Light Company’s petition for permanent waiver from portion of Rule 25-6.065 (6)(a), F.A.C., filed October 25, 2013, in Docket No. 130225-EQ was approved by the Commission by Order No. PSC-14-0059-PAA-EQ, issued January 27, 2014, and Consummating Order No. PSC-14-0106-CO-EQ, issued February 20, 2014. The rule addresses the location of the manual disconnect switch (MDS) of a customer-owned renewable generation system, specifically, that the MDS be mounted separate from, but adjacent to, the meter socket and readily accessible to the investor-owned utility. The petition was approved on the basis that the purpose of the underlying statute would be achieved by other means and application of the rule would create substantial hardship. Notice of the petition was published in the FAR on October 30, 2013.
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waiver from Loveland Center, Inc. requesting a waiver from Rule 67-38.007(7) of the PLP extension terms.
- Notices of Meetings, Workshops and Public Hearings (18)
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The purpose of the Broward Area Refugee Task Force meeting is to increase awareness of the refugee populations, share best practices, spot trends in refugee populations, build collaborations between agencies, help create good communication among service providers, get informed about upcoming community events, and discuss refugee program service needs and possible solutions to meeting those needs.; Thursday, March 20, 2014; 10:00 AM - 12:00 PM; Florida Department of Children and Families
1400 West Commercial Boulevard, #220-C
Fort Lauderdale, Florida 33309
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The purpose of the Palm Beach Area Refugee Task Force meeting is to increase awareness of the refugee populations, share best practices, spot trends in refugee populations, build collaborations between agencies, help create good communication among service providers, get informed about upcoming community events, and discuss refugee program service needs and possible solutions to meeting those needs.; Friday, March 21, 2014; 10:00 AM - 12:00 Noon; Family Central of Palm Beach County
3111 South Dixie Highway
Suite 229 Training Room North
West Plam Beach, Florida 33405
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General Business Meeting; March 13, 2014, 8:00 a.m.; Central Florida Research Park
12424 Research Parkway, Suite 100
Orlando, FL 32826
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Quarterly meeting of the Monroe County Local Coordinating Board for the Transportation Disadvantaged.; Friday, March 14, 2014, 11:00am; Marathon Government Center, 2798 Overseas Highway, Marathon, FL 33050
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Public Hearing to discuss draft Monroe County Transportation Disadvantaged Service plan.
The opportunity to provide comment shall be subject to the following:
(1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced.
(2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members or staff. The chair of the Board may extend the time to provide comment if time permits.
(3) Members of the public shall notify HCSF staff in writing of his or her interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate its support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons.
; Friday, March 14, 2014, 11:00am; Marathon Government Center, 2798 Overseas Highway, Marathon, FL 33050
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Discussion and consideration of District business including regulatory and non-regulatory matters. Staff may recommend approval of external amendments which affect the adopted budget. The Governing Board Workshop will focus on strategic planning and budgeting.
NOTE: One or more Governing Board members may attend and participate in the meetings by means of communications media technology.
; Tuesday, March 11, 2014;the Projects and Land Committee business meeting will begin at 9 a.m.; the Finance, Administration and Audit Committee meeting will begin at 10 a.m. or upon conclusion of the Projects and Land Committee meeting, whichever is later; the Regulatory Committee meeting will begin at 10:30 a.m. or upon conclusion of the Finance, Administration and Audit Committee meeting, whichever is later; the Governing Board meeting will begin at 10:45 a.m. or upon conclusion of the Regulatory Committee meeting, whichever is later; the Governing Board Workshop will begin after the Governing Board meeting.; District Headquarters, 4049 Reid Street (Hwy 100 West), Palatka, FL 32177.
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Ongoing Pinellas Alliance Business; Monday, March 10, 2014 at 3:00 p.m.; Mary Grizzle Building
11351 Ulmerton Road, Suite 418D
Largo, FL 33778
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: This is a rule development workshop to discuss proposed Phase II changes to Chapter 62-701, Solid Waste Management Facilities. The workshop will focus on rules relating to liner requirements for construction and demolition debris facilities, processing construction and demolition debris prior to disposal where economically feasible, investigation of sinkhole potential at landfills, and updates to the requirements for financial assurance. The workshop will also address other potential changes to the rule. The workshop will be available via webinar. Those unable to attend the workshop in person may register for the webinar by going to this web address: https://www2.gotomeeting.com/register/949512634.; March 14, 2014, beginning at 9:00 a.m.; DEP, 2600 Blair Stone Road, Room 609, Tallahassee, Florida
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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.; Wednesday, March 26, 2014, at 10 a.m. ET.; Call 888-670-3525 and when prompted, enter passcode 1760507820 followed by the # key.
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The Treasure Coast Regional Planning Council will conduct a meeting of Council's Budget and Personnel Committee. the Committee will discuss a proposed amendment to Council's current budget for Fiscal Year 2013-2014.; March 10, 2014, 12:00 noon; Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, Florida 34994
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The Treasure Coast Regional Planning Council will conduct its regular Board meeting.; March 21, 2014, 9:30 a.m.; Indian River State College
Wolf High Technology Center
2400 SE Salerno Road
Stuart, Florida 34997
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To conduct a meeting of Council's Gubernatorial Committee.; March 21, 2014
(immediately following the regular Council meeting); Indian River State College
Wolf High Technology Center
2400 SE Salerno Road
Stuart, FL 34997
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General business for the Florida Veterans Hall of Fame. The call in number is 1-888-670-3525 (the users will use 6056578198 then #).; March 6, 2014, 10:00 a.m.; Capitol Conference Rm. 2107
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To consider those matters ready for decision.
LEGAL AUTHORITY AND JURISDICTION: Chapters 120, 350, 364, 366, and 367, F.S.
Persons who may be affected by Commission action on certain items on the conference agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at the conference, pursuant to Rules 25 22.0021 and 25 22.0022, F.A.C.
The Florida Public Service Commission Conference’s Notice, Agenda, related documents, and contact information may be obtained from www.floridapsc.com. Persons needing ADA accommodation to participate should contact the FPSC at least five days prior to the conference via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD) Florida Relay Service.
*Changes to this notice will be published at the earliest practicable time on the Commission’s Web site.
; March 13, 2014, at 9:30 a.m.; Betty Easley Conference Center, 4075 Esplanade Way, Room 148, Tallahassee, Florida
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To discuss and make decisions on matters which affect the operation of the Commission.
Internal Affairs Agendas and Florida Public Service Commission’s contact information may be obtained from www.floridapsc.com. Persons needing ADA accommodation to participate should contact the FPSC at least five days prior to the conference via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD) Florida Relay Service.
*Changes to this notice will be published at the earliest practicable time on the Commission’s Web site.
; March 25, 2014, 9:30 a.m.; Gerald L. Gunter Building, 2540 Shumard Oak Boulevard, Room 105, Tallahassee, Florida
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A regular meeting of the Board of Directors.
The meeting is subject to cancellation for lack of a quorum or unavailability of an interpreter.; Monday, March 10, 2014 at 10:00 a.m.; Florida Telecommunications Relay, Inc.
1820 E. Park Avenue, Suite 101
Tallahassee, FL 32301
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The SWFRPC's Legislative Affairs Committee monthly meeting. The committee also is scheduled to meet immediately prior to the SWFRPC board meeting on March 20 at 8:15 AM.; Thursday, March 6, 2014 at 8:00 AM; Southwest Florida Regional Planning Council at 1926 Victoria Avenue in Fort Myers
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District business; March 13, 2014; District headquarters
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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Liz Thompson on behalf of Scout Security, Inc., filed on February 6, 2014.; The petition seeks the Board’s interpretation of Section 489.505 (1) and (2), Florida Statutes, in regards to licensure requirements as an alarm system contractor for an out of state home security systems provider who contracts out to professional monitoring licensed providers, does no electrical hardwiring, or home installation, and is responsible for the fabrication and sale of all hardware.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
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Vanessa A. Reynolds, Esq. on behalf of Michael A. Maranto; The petition seeks the Board’s interpretation of Chapters 456.072(1) and 468.365(1), Florida Statutes, and Rule 64B32-5.001(1), Florida Administrative Code and whether apnea testing falls within the scope of licensure for a respiratory therapist, and whether Petitioner can perform apnea testing without violating sections 456.072(1) and 468.365(1), Florida Statutes, which could subject the Petitioner to sanctions against his license. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice
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Heidi M. Bauer on behalf of Altus Group U.S.A., Inc.; The petition seeks the Board’s interpretation of Title XXXII, Chapter 475, sections 475.611and 475.6235, Florida Statutes, regarding whether licensure as an appraisal management company is required in connection with limited appraisal consulting services with the following functions: Consults on appropriate policies and procedures to comply with the various regulatory bodies; consults on the scheduling of property appraisals to assure compliance; reviews the client’s panel of approved appraisers and consults with clients on the selection of independent appraisers; reviews independent, third-party appraisals on behalf of client; facilitates consulting process by providing client access to web-based software that automates information exchange between various parties; house client databases, and provides industry benchmarking capabilities; and periodically complete appraisal engagements directly for the client with no outside assistance.
Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice.
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Williams Compliance DS 2013-111; On November 1, 2013 the Petitioner, Williams Compliance seeks a declaratory statement regarding the Division’s interpretation of Title XXXIV of 564.08 and 561.42 F.S with regards to the subject of a Winemakers Diner. The Petitioner seeks this information in order to aid in compiling a nationwide survey regarding regulations for several of their west coast winery clients with national distribution. The Petitioner is substantially affected concerning the permissibility of out of state winery representative to attend winery events for the sole purpose of educating the attendees, the permissibility of out of state advertisement on social media sources such as Facebook and Twitter, and beverage licensing requirements. The Department published the notice of receipt of the Petition with Florida Administrative Weekly on 12/16/2013 Vol 39/242.
On February 21, 2014, the Department filed a Final Order based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner proposed business model for winery representatives to participate in an event held by a vendor, via attendance and online advertising is impermissible under Florida law. Therefore, the Petition is denied. This conclusion is based on the facts described in the Petitioner’s Petition for Declaratory Statement and legal research by the Division. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described are incorrect or change.