- Proposed Rules (6)
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Section 516.07(1), F.S., allows an applicant to be denied if the person cannot demonstrate financial responsibility. The amendment to Rule 69V-160.034, F.A.C., clarifies that failure to demonstrate financial responsibility means having a general history of unpaid liens, judgments, repossessions, foreclosures, legal debts or having filed a petition for bankruptcy.
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Rule 69V-560.302, F.A.C., was identified as unnecessary and is proposed for repeal. Subsection (1) is redundant of Section 560.142, F.S. Subsection (2) is made obsolete by the Office's electronic R.E.A.L. System (Regulatory Enforcement and Licensing), which allows renewals 24 hours a day, 7 days a week.
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Enhance the requirement for provision of services and service hours
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Enhance the requirement for provision of records
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Enhance provision of contact information to consumers.
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The purpose of this new rule is to ensure that policies and procedures are in place that determine sponsorship of athletic activities that are similar to scholarship sports offered at state universities and Florida College System (FCS) institutions. The effect is a rule that will require FCS institutions to communicate with school districts, provide lists of scholarship athletic activities, and determine the similarity of those activities.
- Petitions and Dispositions Regarding Rule Variance or Waiver (15)
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Variance (Application 130123-11) from The Walt Disney World Company, PO Box 10000, Lake Buena Vista, FL 32830. The property is located in Orange and Osceola Counties. The petition seeks relief from provisions in subsections 40E-24.201(6)(a) and 40E-24.201(6)(b), Florida Administrative Code, which states that irrigation of existing landscaping shall be conducted on specific days based on address, pursuant to Section 120.542, Fla. Stat.
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On February 6, 2013 the Division issued an order. The Final Order was in response to a Petition for a Variance from Robb & Stucky Building, filed January 16, 2013, and advertised in Vol. 39, No. 12, 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 January 1, 2014 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 (VW2013-010).
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Good Samaritan Medical Center. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, 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 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 (VW2013-033).
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On January 17, 2013 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from A Taste of the Mediterranean located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, facilities for manually washing, rinsing and sanitizing equipment and utensils, and areas for food preparation and storage. They are requesting to install holding tanks at a portable handwash sink, and share warewashing, food preparation and food storage areas with another licensed food service establishment under a different ownership on the same premises.
The Petition for this variance was published in Vol. 39/17 on January 25, 2013. The Order for this Petition was signed and approved on January 31, 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 the wastewater holding tank for the handwash sink is emptied at a frequency as to not create a sanitary nuisance; potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure that the three-compartment sink, food preparation and storage areas within Centerplate @ Phase III Kitchen and Centerplate @ PHSDR V Kitchen (SEA5807961 & SEA5811092) are maintained in a clean and sanitary manner and all sinks are provided with hot and cold running water under pressure and available during all hours of operation. If the ownership of Centerplate @ Phase III Kitchen or Centerplate @ PHSDR V Kitchen (SEA5807961 & SEA5811092) changes, an updated signed agreement for use of the shared facilities is required immediately.
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Professional Office Bldg One. Petitioner seeks a variance of the requirements of ASME A17.3, Section 3.11.3 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 with firefighters’ emergency 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 (VW2013-031).
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Verizon. Petitioner seeks an emergency variance of the requirements of ASME A17.3, Section 3.11.3, 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 with firefighters’ emergency operations 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 (VW2013-032).
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Sabadell United Bank Building. Petitioner seeks a variance of the requirements of an unspecified Section of A17.3, 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 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 (VW2013-036).
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Gator Trace Greens Bldg. 1. Petitioner seeks an emergency variance of the requirements of ASME A17.1, Section 2.2.2.5 as adopted by 61C-5.001(1), Florida Administrative Code that requires upgrading the elevators sump pump operations 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 (VW2013-035).
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Countryside Mall-Westfield. Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.20 and 2.18. as adopted by Chapter 30, Section 3001.2 Florida Building Code as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm 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 (VW2013-037).
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UCF Classroom II. Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.20.4, 2.18.5 and 8.11.2.1.3(cc)(1) & (3) as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm 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 (VW2013-029).
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Hampton Inn Altamonte. Petitioner seeks a variance of the requirements of ASME A17.1, Section 2.20.4, 2.18.5 and 8.11.2.1.3(cc)(1) & (3) as adopted by 61C-5.001(1)(a), Florida Administrative Code that requires steel ropes of a minimum diameter of 9.5 mm 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 (VW2013-030).
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On January 17, 2013 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from Nathan's located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, facilities for manually washing, rinsing and sanitizing equipment and utensils, and areas for food preparation and storage. They are requesting to install holding tanks at a portable handwash sink, and share warewashing, food preparation and food storage areas with another licensed food service establishment under a different ownership on the same premises.
The Petition for this variance was published in Vol. 39/17 on January 25, 2013. The Order for this Petition was signed and approved on January 31, 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 the wastewater holding tank for the handwash sink is emptied at a frequency as to not create a sanitary nuisance; potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure that the three-compartment sink, food preparation and storage areas within Centerplate @ Phase III Kitchen and Centerplate @ PHSDR V Kitchen (SEA5807961 & SEA5811092) are maintained in a clean and sanitary manner and all sinks are provided with hot and cold running water under pressure and available during all hours of operation. If the ownership of Centerplate @ Phase III Kitchen or Centerplate @ PHSDR V Kitchen (SEA5807961 & SEA5811092) changes, an updated signed agreement for use of the shared facilities is required immediately.
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Variance of subsection 6M-4.100(22), F.A.C., which provides the definition of “working family” in the context of determining the eligibility to receive services for the state’s school readiness program. The Petition was filed by the Redlands Christian Migrant Association, 402 West Main St., Immokalee, Florida 34142.
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Variance of subsection 6M-4.210(1), F.A.C., which provides requirements for maintaining school readiness eligibility and allows an individual to be unemployed for a maximum of 30 days before losing eligibility to receive services. The Petition was filed by the Early Learning Coalition of Pinellas County, 5735 Rio Vista Drive, Clearwater, Florida 34689.
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That it has issued an order. On January 9, 2013, the Criminal Justice Standards and Training Commission, received an emergency petition for a temporary waiver of Rule 11B-27.002(4), and Rule 11B-35.002(2), F.A.C., by Rodney Kevin Schwartz. Rule 11B-27.002(4), and Rule 11B-35.002(2), F.A.C., require officers to become employed within four years of beginning basic recruit training. After a review by Commission staff, it was determined that no emergency existed, for the Commission would vote on the matter prior the expiry of the Petitioner’s eligibility for certification. Notice of receipt of the petition was published in the Florida Administrative Weekly Volume 39, Number 14, on January 22, 2013. The Petition was supported by the Petitioner’s prospective employer, Sweetwater Police Department.
On January 31, 2013, at its regularly scheduled business agenda meeting held in St. Augustine, FL, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Petitioner’s four years to become employed would expire on February 23, 2013. The Commission found that the purposes of the underlying statute, Section 943.1395(1), F.S., to ensure that officers meet strict qualification criteria and minimum training requirements, would be addressed in an alternative method by granting this rule waiver. The Commission granted the Petitioner's waiver request. The Petitioner has six months from the date of the final order in this matter to become employed as a law enforcement officer.
- Notices of Meetings, Workshops and Public Hearings (10)
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The regular monthly board meeting of the SWFRPC.; Thursday, February 21, 2013 at 9:00 a.m.; Southwest Florida Regional Planning Council - 1st Floor Conference Room at 1926 Victoria Avenue in Fort Myers
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Official business of the Florida Mobile Home Relocation Corporation. Review of mobile home owner applications for compensation for relocation and/or abandonment due to change in land use, and such other business as may come before the board. A schedule for future meetings will be determined.; Thursday, February 21, 2013, 10 a.m.; Coral Cay Plantation, 2801 NW 62nd Avenue, Margate, FL 33063.
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The SWFRPC's Executive Committee will be meeting for the annual review of the Executive Director's contract.; Thursday, February 21, 2013 at 8:00 a.m.; Southwest Florida Regional Planning Council, 1926 Victoria Avenue in Fort Myers
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To discuss and review the Revolving Loan Fund loan applications.; Monday, February 25, 2013 at 3:00 PM; The South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, FL 33021
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To discuss matters before the Board.; February 11, 2013, 9 a.m. - 10:30 a.m.; 1-888-942-8686, Conference ID: 5743735657#
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The FOMSL board of directors will discuss fundraising, bylaws, camp scholarships and other financial matters.; February 21st, 2013, 6:00 pm; Mission San Luis, 2100 W. Tennessee St., Tallahassee 32304
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Monthly Meeting.; March 12, 2013, 12:00 Noon; 404 Imperial Blvd., Lakeland, Fl. 33803
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General board and business meeting.; March 5, 2013, 8:00 a.m.; Embassy Suites Hotel, 1100 SE 17th Street, Ft. Lauderdale, FL 33316; (954) 527-2700.
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, February 15, 2013, 2:00 p.m.; (888) 670-3525, Participation Code: 780-967-6207
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To conduct a public meeting to reconsider disciplinary cases with prior findings of probable cause.; Friday, February 22, 2013, 2:00 p.m.; (888) 670-3525, Participation Code: 780-967-6207
- Notices of Petitions and Dispositions Regarding Declaratory Stat (1)
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David H. Rogel, Esq., In Re: Pumpkin Cay Garden Home Condominium, Inc.., Docket No. 2013004699, filed on February 4, 2013.; Whether Pumpkin Cay Garden Home Condominium, Inc. must obtain property insurance for the condominium, which consists only of townhome units and limited common elements, where the owners have insured their units and limited common elements under section 718.111(11), Florida Statutes.