- Notices of Development of Proposed Rules and Negotiated Rulemaking (11)
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The purpose and effect of the proposed rule development is to revise the definitions and forms sections of Chapter 62-701, F.A.C. in order to incorporate revisions make to Chapter 62-711, F.A.C.
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The purpose and effect of the proposed rule development is to synchronize the current rule with the online waste tire registration process and provide a lower cost alternative method to small business owners for the storage of waste tires. This rulemaking is also intended to update and provide clarity to the current rule through public input.
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The proposed amendment is intended to promote clarity and efficiency in the handling of revolving funds. The rules are being amended to do the following:
• Update the definitions contained in the rule.
• Update requirements for the establishment, change or continuation of the Revolving Fund.
• Update the internal controls for the use of the Revolving Fund.
• Correct clerical and formatting errors on Forms DFS-A1-1823 and DFS-A2-2185.
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The purpose and effect of the rule amendment is to maintain the current alternative reporting compliance by accredited employee leasing companies for submitting the quarterly and annual filing obligations.
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The purpose of amending Rule 12D-1.004, F.A.C., is to update the rule to reflect the changes to s. 193.501, F.S., in section 11 of Chapter 2016-128, L.O.F.; changing the April 1 filing deadline for property subject to an assessment on outdoor recreational or park lands or conservation easement to March 1, implementing section 2 of Chapter 2009-157, L.O.F.; incorporating forms used to apply to the property appraiser in s. 193.501, F.S.; and removing obsolete references. The effect of this rule amendment is to clarify the requirements of timely filing a return required in s. 193.052, F.S., incorporate form numbers to help identify the correct form to file and correct a filing deadline.
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The purpose of amending this rule is to implement statutory changes enacted in section 1 of Chapter 2016-110, L.O.F. Amend Form DR-418C, Real Property Dedicated in Perpetuity for Conservation, Exemption Application, to remove instructions requiring the property owner to annually reapply for the exemption. Repeal Form DR-418CR, Real Property Dedicated in Perpetuity for Conservation, Exemption Renewal, to reflect the amendment to s. 196.26, F.S., removing the annual renewal notification to the property appraiser. Amend Form DR-501M, Deployed Military Exemption Application, to include subordinate military operations as amended in s. 196.173, F.S. The effect of these proposed amendments is that affected parties will have an updated form available that complies with current law.
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The purpose of the proposed repeal of Rule 12D-5.002, F.A.C., and the proposed amendments to Rule 12D-5.004, F.A.C., is to implement the provisions of Chapter 2013-95, Laws of Florida. The effect of these proposed rule repeals and revisions is to provide property appraisers with updated provisions for administering the agricultural classification granted by Florida law.
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The purpose of amending this rule is to implement statutory changes enacted in section 1 of Chapter 2016-110, L.O.F. The rule deletes the requirement that an exemption for a conservation easement must be renewed annually and updates the notification process for the property owner. The effect of the amendment provides that a property owner is not required to file a renewal application until the use of the property no longer complies with conservation easement restrictions and requirements.
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The purpose of amending Rule 12D-8.0064, F.A.C., to reflect the changes in section 5 of Chapter 2016-128, L.O.F., giving property owners 30 days to pay taxes, penalties, and interest prior to the property appraiser filing a notice of tax lien when a person is not entitled to a homestead exemption or assessment increase limitation as amended in s. 193.155, F.S. Amending Rule 12D-8.00659(7), F.A.C to implement changes in sections 6 and 7 of Chapter 2016-128 L.O.F., relieving the property owner of any assessed penalties or interest if the property assessment limitation was granted because of a clerical error or omission as amended in ss. 193.1554 and 193.1555, F.S.
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The department is proposing amendments to various rules in Chapter 12D-9, Florida
Administrative Code (F.A.C.), for the value adjustment board (VAB) process. The purpose of the amendment to Rule 12D-9.001, F.A.C., is to detail taxpayer rights to implement sections 10, 11, and 12 of Chapter 2016-128, Laws of Florida (L.O.F.) The purpose of the proposed amendment to Rule 12D-9.003, F.A.C., is to implement section 11 of Chapter 2016-128, L.O.F., adding the terms “petition” and “representative.” The department proposes removing reference to AGO 2002-058 from the Law Implemented because opinions do not constitute law that can be implemented. The purpose of the proposed amendment to Rule 12D-9.004, F.A.C., is to reflect the verbiage change “chair” from section 11 of Chapter 2016-128, L.O.F. The purpose of the proposed amendments to Rule 12D-9.005, F.A.C., is to implement section 11 of Chapter 2012-193, L.O.F., updating language from s. 194.032, F.S., and section 10 of Chapter 2016-128, L.O.F., adding the new types of hearings. The proposed amendment to Rule 12D-9.007, F.A.C., is to update the clerk’s role for notifications and implement section 2 of Chapter 2013-72, L.O.F., to allow for electronic notification of board decisions. The proposed amendment to Rule 12D-9.010, F.A.C., is to reflect the different types of hearings an attorney special magistrate will hear from section 12 of Chapter 2016-128, L.O.F. The proposed amendment to Rule 12D-9.014, F.A.C., is to implement section 12 of Chapter 2016-128, L.O.F., adding a requirement from s. 194.035(1), F.S., to the prehearing checklist. The proposed amendment to Rule 12D-9.015, F.A.C., is to remove language superceded by statute; update the rule language to match the changes to the petition forms; implement new Forms DR-486POA and DR-486A; implement section 10 of Chapter 2016-128, L.O.F.; incorporate changes from sections 8 and 11 of Chapter 2016-128, L.O.F.; correct statute citations; and add how authorized parties sign and file petitions with the clerk. The proposed amendment to Rule 12D-9.017, F.A.C., is to implement section 11 of Chapter 2016-128, L.O.F., changing “agent” to “representative.” The purpose of the proposed amendment to Rule 12D-9.018, F.A.C., is to implement sections 1, 8, and 11 of Chapter 2016-128, L.O.F., providing for the requirements of additional types of representation for a taxpayer. The purpose of the proposed amendment to Rule 12D-9.019, F.A.C., is to implement section 10 of Chapter 2016-128, L.O.F. and section 8 of Chapter 2013-109, L.O.F., adding steps for a board clerk when rescheduling a hearing for good cause provided in s. 194.032, F.S. The purpose of the proposed amendment to Rule 12D-9.025, F.A.C., is to and add when the property appraiser provides a revised property record card to the petitioner. The purpose of the proposed amendment to Rule 12D-9.029, F.A.C., is to clarify procedures when remanding a value assessment to the property appraiser. The purpose of the proposed amendment to Rules 12D-9.030 and 12D-9.032, F.A.C., is to implement section 11 of Chapter 2016-128, L.O.F., adding amendments from s. 194.034, F.S., regarding when the board prepares written decisions. The purpose of the proposed amendment to Rule 12D-9.034, F.A.C., is to implement section 11 of Chapter 2016-128, L.O.F., changing “agent” to “representative.” The effect of amending these rules is to clarify the procedures for VAB proceedings and reflect recent statutory changes.
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The purpose of amending Rule 12D-18.005, F.A.C., is to implement statutory changes enacted in section 1 of Chapter 2010-139, L.O.F.; adding qualifying improvements that assist in alleviating property’s burden from energy consumption. The rule also implements changes enacted by section 13 of Chapter 2016-128, L.O.F, revising the time frame local governments shall adopt a non-ad valorem assessment roll at a public hearing. Rule 12D-18.006, F.A.C. is also amending the time frame local governments shall adopt a non-ad valorem assessment roll at a public hearing, updating a subsection reference as on Chapter 12D-13 amendment that became effective April 5, 2016, and removing the requirement to send a document to the department.
- Petitions and Dispositions Regarding Rule Variance or Waiver (6)
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On March 8, 2017 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from IGC-Savannahs Golf Course LLC 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. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink.
The Petition for this variance was published in Vol. 43/47 on March 9, 2017. The Order for this Petition was signed and approved on March 23, 2017. 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 he wastewater holding tank for the handwash sink 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 that the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign.
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On March 9, 2017 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 Tienda Mexicana Lindas LLC located in Plant City. The above referenced F.A.C. addresses the requirement for proper handling and dispensing of food. They are requesting to dispense bulk time/temperature control for safety foods from an open air mobile food dispensing vehicle.
The Petition for this variance was published in Vol. 43/49 on March 13, 2017. The Order for this Petition was signed and approved on March 23, 2017. 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; and 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.
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Permanent Variance from Rule 64E-11.008(2), Florida Administrative Code, from Cape Coral Elks Lodge #2596, Samuel Len Wenzel, Trustee, 850 Lafayette Street, Cape Coral, FL 33904. This Rule indicates that studs, joints, and rafters are not to be left exposed in walk-in refrigerating units, in food preparation or washing areas, or toilet rooms. Comments on this petition should be filed with Shannon Revels, Agency Clerk, Department of Health, Office of General Counsel, 4052 Bald Cypress Way, BIN A08, Tallahassee, Florida 32399-1710, within 14 days of this notice.
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for variance from Denise Kalman-Smith, Petitioner, on behalf of South Lake Elks Lodge #1848, Inc., 756 West Avenue, Clermont, Florida from Rule 64E-11.007(5), Florida Administrative Code (FAC). This rule prescribes that each food service establishment be provided with adequate, readily accessible, conveniently located lavatories equipped with hot and cold running water in accordance with provisions of the applicable plumbing authority or, where no plumbing code has been adopted locally, with Chapter 64E-10, F.A.C. Comments on this petition should be filed with Shannon Revels, Agency Clerk, Department of Health, Office of General Counsel, 4052 Bald Cypress Way, BIN A02, Tallahassee, Florida 32399-1710, within 14 days of this notice.
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an emergency variance from Tampa Electric Company seeking a variance from Rule 14-46.001, Florida Administrative Code, specifically the Utility Accommodation Manual (UAM) Section 4.8.3.3 Underground Crossings as incorporated into Rule 14-46.001. The variance request is to allow the placement of a gas line under a portion of I-295 to avoid a bridge structure.
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On March 24, 2017 the Division issued an order. The Final Order was in response to a Petition for a permanent Variance from The One Eleven Building, filed February 15, 2017, and advertised on February 20, 2017, in Vol.43, No. 34, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance denies the Petitioner a variance from Rule 100.2c, A.S.M.E. A17.1, 1978 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires the prevention of entry water into the elevator pit because the Petitioner has not demonstrated that the purpose of the underlying statute has been met and the proposed restricted use is not consistent with the principles of public safety articulated by the Rules (VW2017-013).
- Notices of Meetings, Workshops and Public Hearings (14)
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Regular meeting of the Central Florida Regional Planning Council (CFRPC) and/or its Executive Committee.; April 12, 2017, 9:30 a.m.; Hardee County Civic Center
515 Civic Center Drive
Wauchula, FL 33873
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Workshop to solicit public transportation needs and priorities of the community for the Transportation Development Plan (TDP).; April 12, 2017, 2:00 p.m.; Sebring Civic Center
345 West Center Avenue
Sebring, FL 33870
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To conduct hearings pursuant to Section 121.23, Florida Statutes, and to consider other matters related to the business of the Commission.; May 8, 2017, 9:00 a.m.; Courtyard Marriott Lake Mary, 135 International Parkway, Lake Mary, Florida 32746
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The Treasure Coast Regional Planning Council will hold its monthly board meeting.; April 21, 2017, 9:30 a.m.; Indian River State College
Wolf High Technology Center
2400 SE Salerno Road
Stuart, FL 34997
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Council's Budget and Personnel Committee will meet to discuss a proposed amendment to Council's current budget for Fiscal Year 2016-2017. This item will be on the agenda for the May 19, 2017 Council meeting.; April 21, 2017
(immediately following the regular Council meeting); Indian River State College
Wolf High Technology Center
2400 SE Salerno Road
Stuart, FL 34994
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A meeting of the Financial Emergency Board for the City of Opa-locka to discuss the current state of the City’s financial affairs and to consider action items related to the ongoing work of the Board.; April 4, 2017, 11:00 a.m. ET; City Commission Chambers, 215 N. Perviz Avenue, Opa-locka, FL
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A meeting of the Contract Review Committee of the Financial Emergency Board for the City of Opa-locka to discuss the current state of the City’s contractual and financial affairs.; April 4, 2017, 10:30 a.m., ET; City Commission Chambers, 215 N. Perviz Avenue, Opa-locka, FL
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Springs Coast Management Committee: Discussion will include the framework for management plans, approval of BMAP nutrient management strategy & management actions and other water quality drivers.; Wednesday, April 12, 2017; 1 p.m.; SWFWMD Brooksville Office, 2379 Broad Street, Brooksville, FL 34604
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FARMS project tour for the Environmental Advisory Committee of the SWFWMD.; Tuesday, April 11, 2017; 1:30 p.m.; 3050 Starkey Blvd., New Port Richey, FL 34655
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CONTINUUM OF CARE and VETERANS COMMITTEE: This conference call will address the committees’ continued development of policy recommendations and work tasks to address the Council’s Annual Report on recommendations from continuum of care lead agencies to end homelessness in Florida.; March 29, 2017 at 10:00 a.m.; Toll free: 1-888-670-3525 / Enter participant code: 701-539-8451#
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Presentation of the proposed unit management plan update for O’Leno State Park, River Rise Preserve State Park, and Dudley Farm Historic State Park.; Tuesday, April 4, 2017, 5:00 p.m. - 7:00 p.m. (ET). 5:30 p.m., presentation.; Alachua Women’s Club, 14565 Main Street, Alachua, FL 32615
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Presentation and discussion of the proposed unit management plan update for O’Leno State Park, River Rise Preserve State Park, and Dudley Farm Historic State Park with the advisory group members.; Wednesday, April 5, 2017, 9:00 a.m. - 12:00 p.m. (ET); The Recreation Hall at O’Leno State Park, 410 SE O’Leno Park Road, High Springs, FL 32643
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The committee and/or subcommittee will discuss ideas for standards development for their respective topics.; Emerging Technology Committee Meeting: Thursday, March 30, 2017 at 10:00 a.m.; Conference Call
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To review those cases on which a determination of
existence of probable cause has already been made.; April 5, 2017, 9:00 a.m. EST; MEET ME #: (888)-670-3525; PARTICIPANT PASSCODE: 2597709961
- Notices of Petitions and Dispositions Regarding Declaratory Stat (2)
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Jennifer Hatfield, Esq., on behalf of William Clark Clifford Cryer.; Petitioner seeks a determination from the Board regarding whether an underground utility and excavation contractor license is required when the only work being done is the installation of casing pipe or conduit accomplished through a trenchless technology technique such as directional drilling, auger boring, jacking and boring, micro tunneling, pipe ramming or pilot tube guided boring. 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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Edward L. Green, In Re: Walden Woods Mobile Homeowners Association, Inc., Docket No. 2017007672,; The Division declined to issue a statement because it cannot issue a statement without competent, substantial evidence; or where a petitioner does not cite to an applicable statute, rule, or order of the Division. The order was filed with the Agency Clerk on March 23, 2017.
- Miscellaneous (8)
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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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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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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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Scope and Intent, Definitions, Nonagricultural Nonpoint Source Best Management Practices, Water Quality Monitoring In Lieu Of Best Management Practices, Implementation Procedures
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Department of State, Departmental