- Notices of Development of Proposed Rules and Negotiated Rulemaking (14)
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This rule amendment involved ADULT DAY CARE CENTERS. The purpose of the proposed rule amendment is to comply with Sections 408.809 and 429.919, F.S., regarding background screening requirements for staff working in adult day care centers.
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The amendment to Rule Chapter 14-90, F.A.C., removes obsolete Subsections which contained language specifically referring to standards to be used on or before July 1, 2006.
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The purpose and effect of the proposed rule is to address those situations when, on the same shift, an inmate resumes disruption after the camera operator has left the area. The rule provides for deference to the judgment of the supervisor as to whether return of the camera will be counterproductive to his efforts to regain control of the situation. The rule specifies that new initiation of video recording is required if shift change or other staff change occurs after the camera and operator left the area. The purpose and effect of the amendments to Form DC4-650B, Risk Assessment for the Use of Chemical Restraint Agents and Electronic Immobilization Devices, is to provide for the use of CIT intervention techniques prior to application of chemical agents for designated inmates at Florida State Prison and Union Correctional Institution.
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The Board proposes to review the rule to delete any unnecessary language and to add language to clarify fees as prescribed by the Board.
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The purpose of this rule development is to better define who is eligible to receive a substitution of requirements for admission into a postsecondary institution, entry into a program or upper division, or graduation requirements and require postsecondary institutions to set policies for implementing the rule. Specific measures to be included in the policy are outlined.
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Amendment changing reporting frequency for Post Estimate Price Report.
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This rule establishes qualifications and responsibilities of the President of the Florida School for the Deaf and the Blind as its Chief Executive Officer.
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To publish the standard risks rates as required by Section 627.6675(3)(c), F.S.
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The proposed rule provides criteria to determine if a Medicaid applicant or recipient receives fair compensation in regard to personal service contracts. Amendments also include a change in the look back period for Deficit Reduction Act provisions. Clarifications to policy are included.
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The purpose and effect of the proposed rule is to repeal a section of the subsection 5E-14.149(10), F.A.C., that provides for a mechanism of payment of investigative costs for certain violations. This section is being repealed because it is duplicative. Investigative costs are already a factor in the calculation of a monetary fine as provided in subsection 5E-14.149(15), F.A.C.
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The rulemaking is intended to develop District-wide water use permitting rules that include water conservation standards and criteria consistent with those adopted for the Southern Water Use Caution Area for public supply, recreation and aesthetic water uses and to enhance and add additional conservation measures District-wide.
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This amendment proposes to reclassify the Citrus County shellfish harvesting area. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the Citrus County shellfish harvesting area.
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To amend Chapter 9B-65, F.A.C., to implement the Low-Income Home Energy Assistance federally mandated program requirements in the State of Florida.
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The purpose of these amendments is to clarify definitions and requirements for seed source trees now that there is some evidence citrus greening could be transmitted by seed. Also requirements for top-working are clarified and additional provisions have been made for researchers to conduct field trials.
- Proposed Rules (15)
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To comply with Section 393.0661(3), F.S., requiring the Agency to implement a four-tiered waiver system to serve clients with developmental disabilities.
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These amendments involved rules for ASSISTED LIVING FACILITIES. The purpose of the proposed rule amendments to Rule 58A-5.0191, F.A.C., is to revise and add clarifying language. The proposed amendments to Rule 58A-5.035, F.A.C., is intended to clarify waiver requirements for assisted living facilities under Chapter 429, Part I, F.S., and other waiver requirements under Chapter 120, F.S.
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Rule Chapter 14-20, F.A.C., is being restructured into a Part I and Part II, with the existing rules on bus stops, shelters, and benches remaining in Part I, and a new Part II General Use Permits. Three existing rules are being amended and one rule is to be repealed. The rule chapter title is being expanded to “Use of Department Right of Way” with the existing rules addressed in this amendment becoming Part I “Bus Stops, Benches, and Transit Shelters.”
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The purpose and effect of the proposed rule is to provide clarity regarding inmate copying services.
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The purpose of the proposed rule amendment is to incorporate by reference the amended water well permitting delegation agreement between St. Johns River Water Management District and the Florida Department of Health-Marion County Health Department.
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The purpose of the proposed rule is to establish the Total Maximum Daily Loads (TMDLs), and their allocations, for the Klosterman Bayou Run tidal segment and the Saint Joes Creek freshwater segment.
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The purpose of the rule development is to update this section of Chapter 40B-4, Florida Administrative Code, based on review of a proposed Application for General Works of the District Development Permit by Joint Administrative Procedures Committee. The effect of the proposed rule amendments will be to provide for more efficient processing of applications by ensuring better comprehension of the subject rules.
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To update the Florida College Investment Plan Participation Agreement Form.
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To update the reference to the College Cost and Financial Aid Handbook.
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To update the reference to the College Cost and Financial Aid Handbook.
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The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms, biochemical oxygen demand (BOD), and phosphorus for Spruce Creek.
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The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms for Crane Creek and the Eau Gallie River.
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The purpose of this rule is to adopt fecal coliform Total Maximum Daily Loads (TMDLs), and their allocations, for Elevenmile Creek and Tenmile Creek.
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The purpose of the rule is to adopt fecal coliform Total Maximum Daily Load (TMDLs), and their allocations, for Bayou Chico, Jones Creek, Jackson Creek, Bayou Chico Beach and Sanders Beach.
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The Department is to adopt nutrient Total Maximum Daily Load (TMDL) and their allocations for the Pompano Canal.
- Notices of Changes, Corrections and Withdrawals (10)
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Dental Services - General
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Enforcement and Penalties
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Definitions, Right to Quality Treatment
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Definitions, Admission of Youth, Medication Management, Release of Youth
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Variable Rate Tolls for Express Lanes
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Continuing Education Credits; License Renewal; Consultant Pharmacist License Renewal; Nuclear Pharmacist License Renewal
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Responsibilities and Duties - Records, Reports, Advertising, Applications
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Confidentiality and Disclosure, Access.
, Conflict of Interest, Complaint Procedures
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Department and Services
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Home and Community-Based Services Waivers, Developmental Disabilities Waiver Services
- Petitions and Dispositions Regarding Rule Variance or Waiver (21)
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Waiver of Florida Administrative Code Rule 61A-2.014, subsection (6), by Petitioner Hyatt Corporation, Inc. Florida Administrative Code Rule 61A-2.014, subsection (6) requires all directors or officers of a corporation with an interest in an alcoholic beverage license to file a set of fingerprints at the time of making application for a beverage license or at the time an interest is created after a license has been issued. Petitioner does not qualify as any of the three exceptions also created by Florida Administrative Code Rule 61A-2.014, but requests the waiver of application of the rule to Petitioner’s positions of Assistant Secretary, since such positions are not involved in the operation, control or management of any Florida hotel or any alcoholic beverage sales at a Florida location.
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Vipul Patel, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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Miriam Lourdes Hernandez, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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an Emergency Variance for Chapter 61C-4.010(7); Florida Administrative Code from Chompers Diner located in Fanning Springs. The above referenced F.A.C. states …each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated…. . The proposed establishment has one bathroom for patrons and they are requesting a variance to have a seating capacity of twenty-five (25).
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for an Emergency Variance for Chapters 61C-1.004(1) (a), 61C-1.004 (1) (d) and 61C-4.010 (6) Florida Administrative Codes (F.A.C.s) from Haagen Dazs located in Miami. The above referenced F.A.C.s state that the water supply shall meet the standards provided in 64E-8, 62-550 and 62-555 F.A.C.,; sewage shall be disposed of in a public sewerage system or other approved sewerage system in accordance with the provisions of Chapter 64E-6 or 62-601 F.A.C.; and physical facilities at public food service establishments shall be subject to the provisions of Chapter 6 of the Food Code. They are requesting a variance to not have hard plumbing in their kiosk and use alternative methods for sewage disposal and obtaining potable water.
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This Order granted variance under section 120.542, FS, to George & Charlotte Young, for a Work of the District residence (ERP07-0235). The petition for variance was received by SRWMD on September 17, 2007. Notice of receipt of the petition requesting variance was published in FAW, Vol. 33, No. 35, on August 31, 2007. No public comment has been received. This Order provides a variance of SRWMD's criteria for paragraph 40B-4.3030(12)(b), FAC, to the 75-foot setback requirements within Township 11 South, Range 13 East, Section 11, Dixie County. SRWMD granted the petition because the petitioners have demonstrated that the purpose of the statute underlying the rule will be met and that the principle of fairness would be violated if petitioners were required to comply with this rule.
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variance from St. Lucie County Transportation Planning Organization, seeking a variance from the provisions of Rule 14-73.001, F.A.C. Rule 14-73.001, F.A.C., establishes requirements for the recipients of the Department’s transit grant funds. St. Lucie County Transportation Planning Organization proposes the Department grant a variance to the deadline for adoption of the County’s Major Transit Development Plan update. Comments on this proposed variance should be filed with the Clerk of Agency Proceedings, Department of Transportation, 605 Suwannee Street, M.S. 58, Tallahassee, Florida 32399-0458, within 14 days of the publication of this notice.
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variance from Paul Grybowski, representing GreenLeach Rights Holders. Specifically, the petitioner seeks a variance from 64E-6.014(5) and (5)(c), Florida Administrative Code, which requires drain trenches and absorption beds containing mineral aggregate to use aggregate meeting certain ASTM standards and sizing criteria.
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variance from Rule 64E-3.002(1), from the following persons:.
Leon Geroy
Yanin Finol
Ileana Moro
Yanet Jimenez
Danizabeth Piedra Rodriguez
Su-yet Silva Chang
The Petitions request a variance from the rule that defines “approved program” due to the date that the program from which they graduated is anticipated to meet the parameters of the rule. Comments on these Petitions should be filed with: Elizabeth B. Hines, Administrator, 4052 Bald Cypress Way, Bin #C85, Tallahassee, Fl 32399-3255.
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Valliammai Natarajan, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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Nabil Khalil, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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Katerina Vigoa Zamora, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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Nengying Fan, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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Shahida Khanum, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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Xuejun Fan, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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John H. Neamatalla, seeking a variance or waiver of Rule 64B16-26.2031, Florida Administrative Code, which requires that no program of work activity will be approved for any applicant until said applicant has been certified by FPGEE Foreign Pharmacy Graduate Examination Commission.
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a Routine Variance for Chapter 61C-4.010(7); Florida Administrative Code from L’Olivier Bistro located in St. Petersburg. The above referenced F.A.C. states …each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated…. . The proposed establishment has one bathroom for patrons and they are requesting a variance to have a seating capacity of thirty (30).
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a Routine Variance for Chapter 61C-4.010(7); Florida Administrative Code from Monkey Paws Ice Cream and Coffee House located in Parrish. The above referenced F.A.C. states …each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated…. . The proposed establishment has one bathroom for patrons and they are requesting a variance to have a seating capacity of twenty-five (25).
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a Routine Variance for Chapter 61C-4.010(7); Florida Administrative Code from Mocha Jo’s located in Sarasota. The above referenced F.A.C. states …each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated…. . The proposed establishment has one bathroom for patrons and they are requesting a variance to have a seating capacity of twenty (20).
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Waiver of Rule 65C-14.024(2), F.A. C. The petition was received from Seamark Ranch, assigned Case No. 08-003W. Rule 65C-14.024(2) states the facility shall have adequate staff coverage at all times to provide the services identified in the agency's statement of purpose.
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The original Disposition for Variance, published on January 25, 2008, for the petition of Miles V. Nelson, M.D., has been amended to include Taylor Technical Institute. The Petition from Miles V. Nelson, M.D., was received by the Department on October 1, 2007 and published on October 19, 2007 in the F.A.W. The Petitioner requested variance from ss. 64E-2.004(3)(c), F.A.C., which requires Medical Directors of and emergency medical services (EMS) provider or EMS training center to be board certified. The Department has determined that the Petitioner has met the general requirements for variance because the Petitioner has demonstrated that the purpose of the underlying statute has been achieved by other means through the Petitioner's competence in the practice of emergency medicine and the Petitioner and his employers have demonstrated substantial hardship if the Petition is not granted. Wherefore, based on the Findings of Fact and Conclusions of Law, th Petition has been granted and allows Miles V. Nelson, M.D., to continue serving as the Medical Director for Doctor's Memorial EMS, AirMedic, and Taylor Technical Institute without the required board certification.
- Notices of Meetings, Workshops and Public Hearings (79)
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Regular Board business; Thursday, April 24, 2008 at 9:00 a.m., or shortly thereafter, and Friday, April 25, 2008 at 9:00 a.m. or shortly thereafter.; Marriott Orlando Airport, 7499 Augusta National Drive, Orlando, FL 32822, Phone (407) 851-9000
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Docket No. 040763-TP - Request for submission of proposals for relay service, beginning in June 2005, for the hearing and speech impaired, and other implementation matters in compliance with the Florida Telecommunications Access System Act of 1991. The purpose of this committee meeting is to discuss current relevant issues related to relay such as CapTel, Service Quality and other TRS updates. If settlement of the case or a named storm or other disaster requires cancellation of the proceedings, Commission staff will attempt to give timely direct notice to the parties. Notice of cancellation will also be provided on the Commission’s website (http://www.psc.state.fl.us/) under the Hot Topics link found on the home page. Cancellation can also be confirmed by calling the Office of the General Counsel at 850-413-6199.
; 1:00 p.m., Thursday, April 17, 2008.; Room 148, Betty Easley Conference Center, 2075 Esplanade Way, Tallahassee, FL .
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Medicaid Reform Technical Advisory Panel; April 11, 2008 1:00-4:00 PM; Agency for Health Care Administration
2727 Mahan Dr.
BLDG 3, Conference Room A
Tallahassee, FL 32308
Dial-in Number (877) 328-7346 Conf ID #36430145
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This meeting will discuss business climate issues that may be improved by the proactive support of the legislature.; April 4, 2008, 10:00 a.m.; 1-866-861-4345, Conference code 8502986636
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The Department will present draft revisions to Chapters 62-670, Florida Administrative Code (F.A.C.), Feedlot and Dairy Wastewater Treatment and Management Requirements, 62-620, F.A.C., Wastewater Facilities and Activities Permitting, 62-4, F.A.C., Permits, and 62-621, F.A.C., Generic Permits. The revisions address animal feeding operations. The Department will take public input on the draft rule revisions which affect the various parties and activities related to animal feeding operations. This rulemaking effort will establish and expand permitting and registration requirements for animal feeding operations.; Thursday, April 17, 2008, 9:00 a.m.; Southwest Florida Water Management District, Governing Board Meeting Room, 2379 Broad Street, Brooksville, Florida
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Citizens Property Insurance Corporation announces an Actuarial and Underwriting Committee Meeting to begin at 9:00 am (EDT) on Thursday, April 10th, 2008 to be held via teleconference. Items of discussion include, but are not limited to, the 2009 product filings update, and a commercial nonresidential update. For additional information, please contact Rachel Miller at 1-800-807-7647, extension 3773. Special Accommodations: In accordance with the Americans with Disabilities Act, people with disabilities or physical impairments who require assistance to participate in this meeting are requested to contact Rachel Miller at least five days prior to the meeting.
; April 10th 2008, 9:00 am EDT; Teleconference
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Matters pertaining to the Florida School for the Deaf and the Blind.; Friday, April 11, 2008 at 4:00 P.M.; Center for Leadership Development
Moore Hall
FSDB Campus
St. Augustine, Florida
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General; Monday, April 7, 2008 at 1 pm.; Clay County Extension Office, 2463 State Road 16 West, Green Cove Springs, FL 32043
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This meeeting will be held to discuss the daily funcitons and activities of the Commission.; April 14, 2008 beginning at 12:00 p.m.; The Florida Commission on Human Relations
2009 Apalachee Parkway
Oakland Building, Suite 100
Tallahassee, FL 32301
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2008/2009 Budget Workshop immediately followed by the Regular Board Meeting and an Attorney/Client Briefing to commence at 10:00 a.m. between the Tampa Bay Water Board of Directors and legal counsel pursuant to Section 286.011(8), Florida Statutes, to discuss settlement negotiations and litigation expenditures in Saddlewood Estates, Inc. v. Tampa Bay Water.
Attorney/Clinet Briefing Attendees: Board of Directors of Tampa Bay Water, General Manager Gerald Seeber, General Counsel Rick Lotspeich, Senior Assistant Counsel Barrie Buenaventura, Richard Harrison, Esquire, Dave Forziano, Esquire, and a certified court reporter.
The Board of Directors of Tampa Bay Water approved the Attorney/Client session at its regularly scheduled meeting on February 18, 2008. The entire Attorney/Client briefing session will be recorded by a certified court reporter, transcribed within a reasonable time after the meeting, and filed with Tampa Bay Water's Records Manager. The transcript of the private session shall be made part of the public record upon the conclusion of the litigation.; Monday, April 21, 2008 at 8:30 a.m.; 2575 Enterprise Road
Clearwater, Florida 33763
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The Committee will meet to hear reports on mechanical harvesting, robotics and CMNP registration, and to discuss any other matters which might relate to this committee.; Tuesday, April 8, 2008, 10:00 a.m.; Florida's Natural Grove House, 20160 Highway 27, Lake Wales, FL 33853
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Regularly scheduled meeting for all Parole, Conditional Release, Conditional Medical Release, Addiction Recovery and Control Release matters as well as other Commission business.; Wednesday, April 16, 2008, 9am; Florida Parole Commission, 2601 Blair Stone Road., Bldg., Tallahassee, FL 32399-2450
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Heart of Florida Community Alliance; April 9, 2008, 2:30 p.m. - 4:00 p.m.; United Way of Central Florida, 5605 US Hwy 98 South, Highland City, FL 33846
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Discussion of the notice of change for Hospice Rules 58A-2.003, 2.005, 2.010, 2.012, and 2.0322, F.A.C., that was published on February 29, 2008 in the Florida Administrative Weekly.; April 23, 2008 from 11:00 a.m. to 1:00 p.m. EDST.; Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225 F, Tallahassee, Florida 32399-7000.
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Monthly Board of Directors meeting to discuss the development of equestrian facilities on Suwannee River Water Management District properties.; April 3, 2008 at 6:30 p.m.; The Chateau in Mayo, Florida
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This will be the second meeting of the Technical Advisory Committee to consider development of a new rule, Chapter 62-347, F.A.C., to update stormwater quality treatment design and performance standards for stormwater treatment systems, with particular emphasis on reducing nutrient discharges.; April 16, 2008, Wed., 10:00 a.m. - 3:00 p.m. EDT; Science Applications International Corp. (SAIC), Science Bldg. II, Florida Room, 12901 Science Drive, Orlando, FL 32826
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Rule Development. Whether and how to amend this Chapter 61G19-7, F.A.C; April 24, 2008, 9:00 a.m.; Hyatt Regency Miami, at the Miami Convention Center, 400 SE 2nd Avenue, Miami, Florida
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Long-Term Care Ombudsman Program, District Council Business; April 10th, 2008 at 12:00 p.m.; 988 Woodcock Rd. Conference Room, Orlando, Florida
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Consideration of Foundation including but not limited to:
Approval of minutes from January 29, 2008 meeting; executive director’s report; Commissioner’s report; program updates; financial report; revision/update of Foundation policies and procedures; and general discussion of Foundation.
; Friday, April 11, 2008
8:30 a.m. - 2:00 p.m. (Or upon adjournment); Hyatt Regency Jacksonville Riverfront
225 East Coastline Drive, Jacksonville, Florida 32202
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Long-Term Care Ombudsman Program, District Council Business; April 10, 2008 at 10:00 a.m.; 7601 Little Rd., New Port Richey, Florida
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Junior Golf Grant Committee Meeting to review and discuss quarterly grant applications; Thursday, April 3, 2008 9:30 am - 10:30 am; Conference Call: Call in Number (888) 808-6959 (toll Free). Conference Code: 4888347
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Discuss Transportation Authority Oversight - HB 985; April 17, 2008, 2:00 p.m. – 3:00 p.m. Central Time; Northwest Florida Transportation Corridor Authority, 132 Harrison Avenue, Panama City, Florida
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This is a monthly meeting of the Commercial Motor Vehicle Review Board for the purpose of reviewing penalties imposed upon any vehicle or person under the provisions of Chapter 316, Florida Statutes, relating to weights imposed on the highway by the axles and wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety regulations.
Any person aggrieved by the imposition of a civil penalty pursuant to Sections 316.3025 or 316.550, Florida Statutes, may apply to the Commercial Motor Vehicle Review Board for a modification, cancellation, or revocation of the penalty.
; April 10, 2008, 9:00 a.m.; Florida Department of Transportation, Burns Building Auditorium, 605 Suwannee Street, Tallahassee, Florida.
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The FY 2007-2008 Florida Health Information Network (FHIN) Grants Program grantees will meet for their quarterly grant meeting.; DATE AND TIME: April 3, 2007, 1 p.m. – 3 p.m.; By telephone conference call (dial-in instructions will be posted at http://ahca.myflorida.com/dhit/FHINgrantsProgram/20072008grantProgMeetings.shtml) and at the Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room D, Tallahassee, FL 32308
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Old and New Business; April 8, 2008, 9:00 a.m. – 3:00 p.m.; Florida State Fairgrounds, Tampa, FL
(The city was listed incorrectly in the March 14, 2008 issue of the FAW)
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Regular Commission meeting; April 9, 2008, 9:30 a.m. until completion; Department of Education, 325 W Gaines Street, Suite 1706, Tallahassee, FL 32399
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Review sponsors and individual courses approval; May 20, 2008 @ 10:00 a.m.; Via Conference Call
Dial-In Number: (888) 808 6959
Conference Code: 3332505
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Consideration of the Well Drillers Advisory Committee (WDAC) business. Some members of the District's Governing and Basin Boards may also attend the meeting.; Wednesday, April 16, 2008 at 1:30 p.m.; Tampa Service Office, 7601 Highway 301, Tampa, FL
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Monthly Executive committee meeting; April 2, 2008; Teleconferance
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Monthly Research and Policy Committee Meeting; April 3, 2008 at 9:00 a.m.; Teleconference
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To identify the needs and address the independence and well-being of Florida's seniors.
; Thursday, April 17, 2008, 10:00 a.m.-2:00 p.m. EST.; Florida Farm Bureau, 5700 SW 34th Street, Gainesville Florida, 32608
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Matters pertaining to the Florida School for the Deaf and the Blind, including a rule development workshop on rule 6D-4.002 President; Saturday April 12, 2008 9:00 AM; Center for Leadership Development
Moore Hall
FSDB campus
St. Augustine, Florida
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This is the Final Public Hearing on the adoption of proposed amendments to Rule 69O-204.010,.020,.030,.040, and .070 Florida Administrative Code, published on December 14, 2007 in Vol. 33, No. 50, of the Florida Administrative Weekly, No notice of change was published.Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the contact person at least 5 calendar days before the program by contacting Bernie Stoffel at E-mail bernie.stoffel@fldfs.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE FULL TEXT OF THE PROPOSED RULE IS:
69O-204 VIATICAL SETTLEMENT PROVIDERS
69O-204.010 Purpose and Scope
69O-204.020 Definitions
69O-204.030 Forms Incorporated by Reference
69O-204.040 Prohibited Practices
69O-204.070 Anti-Fraud
69O-204.010 Purpose and Scope.
The purpose of this Rule Chapter is to implement the provisions of Chapter 626, Part X, Florida Statutes.
Specific Authority 626.9925, FS. Law Implemented 626.991, FS. History-New ______.
69O-204.020 Definitions
In addition to the definitions in Section 626.9911, Florida Statutes, the following definitions apply to this regulation:
(1) “Control” or “effective control” as used in the Viatical Settlement Act and this rule chapter means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person.
(2) “Secondary market” means the assignment, transfer, sale, devise, or bequest of the death benefit or ownership of all or a portion of a viaticated life insurance policy or viaticated certificate of insurance.
Specific Authority 626.9925, FS. Law Implemented 626.9911(2), 626.9912(4), 626.9913(2), 626.9922(2), 626.9924, 626.9913(2) FS. History-New ______.
69O-204.030 Forms Incorporated By Reference.
(1) The following forms are incorporated by reference to implement the provisions of Chapter 626, Part X, Florida Statutes.
(a) Form OIR-A3-1288, Viatical Settlement Provider Annual Report (REV 2/08 ).
(b) Form OIR-C1-1294, Notice of Intent to Use a Related Provider Trust (REV 10/05).
(2) All of the above referenced forms are available from the Office’s website: http://www.floir.com.
(3) All applications, annual report filings, forms submitted by licensees for approval and associated documentation shall be submitted electronically to http://iportal.fldfs.com.
Specific Authority 626.9925, FS. Law Implemented 626.9912(2), 626.9912(3), 626.9913(2), 626.9921(3), 626.9921(4), 626.9928, FS. History-New ______.
69O-204.040 Prohibited Practices.
A viatical settlement provider shall not act also as a viatical settlement broker, whether entitled to collect a fee directly or indirectly, in the same viatical settlement.
Specific Authority 626.9925, FS. Law Implemented 626.9911(9), 626.9916(1), 626.9916(5), FS. History-New ______.
69O-204.070 Anti-Fraud
Every licensed viatical settlement provider shall establish and maintain in accordance with the provisions of section 626.9922:
(1) Documentation of compliance with its anti-fraud plan and procedures filed in accordance with section 626.99278.
(2) All documentation pertaining to resolved and unresolved material inconsistencies between medical records and insurance applications.
(3) Documentation pertaining to the mandatory reporting of possible fraudulent acts and prohibited practices set forth in section 626.99275 to the Division of Insurance Fraud of the department.
Specific Authority 626.9925, F.S. Law Implemented 626.99278, F.S., 626.9922, F.S., 626.99275, F.S. History- New_______________
A copy of the agenda may be obtained by contacting: The Governor and Cabinet Website at http://www.myflorida.com/myflorida/cabinet/mart.html. The agenda should be available approximately one week before the cabinet meeting.
; April 15, 2008 09:00 a.m., during a regular meeting of the Financial Services Commission; Cabinet Meeting Room Lower Level, The Capitol,Tallahassee, Florida
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To conduct the regular business of the council.
COMMITTEE AND TASK FORCE MEETINGS: Please note that committees and task forces of the Florida Independent Living Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at the above address at least seven days prior to the meeting. Persons who want to be notified of such meetings may request to be put on the mailing list for such notices by writing to Molly Gosline at the council address.; MEETING: SPIL Work Plan Development
April 1, 2008 , 10:00 a.m. (EST); 1018 Thomasville Road
Suite 100A
Tallahassee, Florida 32303
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Legislative Committee
DATE AND TIME: April 8th, 2008 at 11:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Awards & Recognition Task Force
DATE AND TIME: April 8, 2008 at 3:00 p.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Bylaws Committee
DATE AND TIME: April 9, 2008 at 10:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Annual Report Committee
DATE AND TIME: April 10, 2008 at 9:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Finance & Budget Committee
; April 8th, 2008 at 10:00 a.m.; Please call (850) 414-3300 for instructions on participation.
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Presentation and discussion of the proposed management plan for Ravine Gardens State Park. A copy of the management plan will be available at Ravine Gardens State for review.; Tuesday, April 15, 2008, 7:00 p.m.; Roy E. Campbell Civic Center Auditorium, Ravine Gardens State Park, 1600 Twigg Street, Palatka, Florida 32177.
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Presentation and discussion of the proposed land management plan for Ravine Gardens State Parkwith the park Advisory Group members; Wednesday, April 16, 2008, 9:00 a.m.; Roy E. Campbell Civic Center Auditorium, Ravine Gardens State Park, 1600 Twigg Street, Palatka, Florida 32177
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This is a teleconference meeting of the State Consumer Health Information and Policy Advisory Council to which all interested parties are invited. The purpose is to conduct a meeting of key health care stakeholders to discuss issues relating to implementing Florida Statutes mandating transparency in health care through public reporting of health care data.; Thursday, April 10, 2008, 3:30 pm.; This is a Teleconference Meeting. Any person interested in participating by telephone may dial (713) 481-0090/Pass Code: 9701442#. If you have any difficulty accessing the teleconference, please call the Florida Center’s main number at (850) 922-5771.
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General business of the Committee; Tuesday, April 15, 2008 at 1:00 p.m.; 2507 Callaway Road, Suite 200, Tallahassee, FL 32303
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Although this meeting is open to the public, portions of the Probable Cause Panel meeting may be closed consistent with law.; Tuesday, May 20, 2008 at 8:30 am; 2507 Callaway Road, Suite 200, Tallahassee, FL 32303
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Although this meeting is open to the public, portions of the Probable Cause Panel meeting may be closed consistent with law.; Tuesday, July 15, 2008 at 8:30 a.m.; 2507 Callaway Road, Suite 200, Tallahassee, FL 32303
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Although this meeting is open to the public, portions of the Probable Cause Panel meeting may be closed consistent with law.; Tuesday, September 16, 2008 at 8:30 a.m.; 2507 Callaway Road, Suite 200, Tallahassee, FL 32303
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Although this meeting is open to the public, portions of the Probable Cause Panel meeting may be closed consistent with law.; Tuesday, November 18, 2008 at 8:30 a.m.; 2507 Callaway Road, Suite 200, Tallahassee, FL 32303
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General business of the Committee; Tuesday, July 15, 2008 at 1:00 p.m.; 2507 Callaway Road, Suite 200, Tallahassee, FL 32303
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DOCKET NO. 070548-WS - Application for certificates to provide water and wastewater service in Marion County by Century-Fairfield Village, Ltd.
The purpose of the meeting is take public comment on the proposed water and wastewater rates for Century-Fairfield Village, Ltd.
One or more of the Commissioners of the Florida Public Service Commission may attend and participate in the meeting.
Emergency Cancellation of Customer Meeting: If a named storm or other disaster requires cancellation of the meeting, Commission staff will attempt to give timely direct notice to the parties. Notice of cancellation of the meeting will also be provided on the Commission's website (http://www.psc.state.fl.us/) under the Hot Topics link found on the home page. Cancellation can also be confirmed by calling the Office of the General Counsel at (850) 413-6199.; MONDAY, APRIL 14, 2008 AT 4:00 P.M.; CENTURY FAIRFIELD-VILLAGE CLUBHOUSE
6866 SOUTHWEST 58 PLACE
OCALA, FLORIDA 34474
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Items related to Youth Programs for tobacco control.; Friday, April 4, 2008; 1:00 p.m. – 3:00 p.m..; Conference Call: 1(888)808-6959, Code 9344074
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To begin development of regional guidelines for residential
fertilizer use in Tampa Bay.
; Tuesday, April 8, 2008 from 1:00pm – 4:00pm.
; Tampa Bay Regional Planning Council
4000 Gateway Centre Boulevard, Suite 100
Pinellas Park, Florida
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Grant Committee Meeting to review and discuss quarterly grant applications.; Monday, March 31, 2008, 8:30 am - 9:30 am; Conference Call: Call in Number (888)808-6959 (toll Free). Conference Code: 4888347
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Regular monthly meeting of the Council and/or it's Executive Committee.; April 9, 2008, 9:30 a.m.; Historic Bok Sanctuary Lecture Hall
1151 Tower Boulevard
Lake Wales, FL 33853
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Governing Board to discuss and consider District business, including regulatory and non-regulatory matters and may include an amendment to the District's Fiscal Year 2008 budget to revise revenues and expenditures.; Audit & Finance Committee Meeting
April 9, 2008, 10:00 a.m.
PLACE: SFWMD Headquarters, B-1 Building, 3301 Gun Club Road,
West Palm Beach, Florida 33406
Workshop
DATE AND TIME: April 9, 2008, 1:00 p.m.
PLACE: SFWMD Headquarters, B-1 Building, 3301 Gun Club Road,
West Palm Beach, Florida 33406
Business Meeting
DATE AND TIME: April 10, 2008, 9:00 a.m.; SFWMD Headquarters, B-1 Building, 3301 Gun Club Road,
West Palm Beach, Florida 33406
All or part of these meetings may be conducted as a teleconference in order to permit maximum participation by Governing Board members. The Governing Board may take official action at the meeting on any item appearing on the agenda and on any item that is added to the agenda as a result of a change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes. Governing Board action may be taken at the Governing Board Workshop or Meeting. If Workshop items are not discussed on 4/9, the items may be discussed on 4/10.
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Lake Okeechobee Restoration Inspection.; Project & Lands Committee Meeting
April 8, 2008, 9:00 a.m.
; SFWMD Okeechobee Service Center, 205 North Parrott Ave, Suite 201, Okeechobee, Florida
All or part of this meeting may be conducted as a teleconference in order to permit maximum participation by Governing Board members.
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Women's Hall of Fame Committee
DATE AND TIME: April 17th, 2008 at 10:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Executive Committee
DATE AND TIME: April 23rd, 2008 at 10:00 a.m.
PLACE: Please call (850) 414-3300 for instructions on participation.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public Outreach Task Force
NOTE: In the absence of quorum, items on this agenda will be discussed as workshop, and notes will be recorded although no formal action will be taken. If you have any questions, please call (850) 414-3300.
; April 16th, 2008 at 3:00 p.m.; call (850) 414-3300 for instructions on participation.
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Regular monthly meeting.; April 8, 2008, 2 p.m. – 3 p.m.; South Campus, Nathan H. Wilson Center for the Arts, Room M-1140, 11901 Beach Blvd., Jacksonville, Florida 32246.
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Closed door attorney-client session pursuant to Section 286.011(8)(2007), Florida Statutes, to discuss strategy related to litigation expenditures in Teitelbaum, et al., v. South Florida Water Management District, Eleventh Judicial Circuit, Miami-Dade County, Florida, Case No. 04-21282 CA 15. The subject matter shall be confined to the pending litigation. (All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board members).
ATTENDEES: Governing Board Members E. Buermann, M. Collins, C. Dauray, S. Estenoz, N. Gutierrez, M. Meeker, P. Rooney, H. Thornton, M. Wade; Executive Director C. Wehle; District attorneys S. Wood, S. Echemendia, S. Nall, C. Kowalsky, K. Rizzardi, E. Artau, P. Nettleton.
Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the session shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the litigation.; April 9, 2008, 9:00 a.m. – completed; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
DATE AND TIME: April 10, 2008, 9:00 a.m. – completed
PLACE: South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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Closed door attorney-client session pursuant to Section 286.011(8)(2007), Florida Statutes, to discuss strategy related to litigation expenditures in South Florida Water Management District v. Wherrell, et al., Nineteenth Judicial Circuit, Okeechobee County, Florida, Case No. 2007-CA-253. The subject matter shall be confined to the pending litigation. (All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board members).
ATTENDEES: Governing Board Members E. Buermann, M. Collins, C. Dauray, S. Estenoz, N. Gutierrez, M. Meeker, P. Rooney, H. Thornton, M. Wade; Executive Director C. Wehle; District attorneys S. Wood, S. Echemendia, S. Nall, C. Kowalsky, K. Rizzardi, M. Compagno.
Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the session shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the litigation.
; April 9, 2008, 9:00 a.m. – completed; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
DATE AND TIME: April 10, 2008, 9:00 a.m. – completed
PLACE: South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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Closed door attorney-client session pursuant to Section 286.011(8)(2007), Florida Statutes, to discuss strategy related to litigation expenditures in United States of America v. South Florida Water Management District, et al., United States District Court, Southern District of Florida, Case No. 88-1886-CIV-Moreno. The subject matter shall be confined to the pending litigation. (All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board members).
ATTENDEES: Governing Board Members E. Buermann, M. Collins, C. Dauray, N. Gutierrez, M. Meeker, P. Rooney, H. Thornton; Executive Director C. Wehle; District attorneys S. Wood, S. Echemendia, S. Nall, C. Kowalsky, K. Rizzardi, K. Burns.
Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the session shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the litigation.; April 9, 2008, 9:00 a.m. – completed; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
DATE AND TIME: April 10, 2008, 9:00 a.m. – completed
PLACE: South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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Closed door attorney-client session pursuant to Section 286.011(8)(2007), Florida Statutes, to discuss strategy related to litigation expenditures in Friends of the Everglades, Inc. and Fishermen Against Destruction of the Environment, Inc. v. South Florida Water Management District, et al., United States District Court, Southern District of Florida, Case No. 02-80309-CV-Altonaga/Turnoff; Miccosukee Tribe of Indians of Florida v. South Florida Water Management District, et al., United States District Court, Southern District of Florida, Case No. 98-6056-CIV-Lenard/Klein; and Friends of the Everglades v. South Florida Water Management District, United States District Court, Southern District of Florida, Case No. 98-6057-CIV-Lenard/Klein. The subject matter shall be confined to the pending litigation. (All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board members).
ATTENDEES: Governing Board Members E. Buermann, M. Collins, C. Dauray, S. Estenoz, N. Gutierrez, M. Meeker, P. Rooney, H. Thornton; Executive Director C. Wehle; District attorneys S. Wood, S. Echemendia, S. Nall, C. Kowalsky, K. Rizzardi, J. Nutt.
Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the session shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the litigation.; April 9, 2008, 9:00 a.m. – completed; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
DATE AND TIME: April 10, 2008, 9:00 a.m. – completed
PLACE: South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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To conduct a conference call of the Florida Rehabilitation Council Legislative Committee. Any interested parties that need further information may contact Yolanda Manning at (850) 245-3320.
COMMITTEE MEETINGS: Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at the above address at least seven days prior to the meeting. Persons who want to be notified of such meeting may request to be put on mailing list for such notices by writing to Yolanda Manning at the Council's address.
Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, agency of this state or of any political subdivision; thereof shall include in the notice any meeting or hearing, if notice of the meeting or hearing is required of such board, commission, or agency, conspicuously on such notice, they advise that if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. (Florida Statutes, 286.0105)
; April 16-17, 2008 8-6 PM; Division of Vocational Rehabilitation
2002 A Old St. Augustine Road
Tallahassee, Florida 32301-4862
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Closed door attorney-client session pursuant to Section 286.011(8)(2007), Florida Statutes, to discuss strategy related to litigation expenditures in Natural Resources Defense Council, Inc., et al. v. Van Antwerp, et al., United States District Court, Southern District of Florida, Case No. 07-80444-CIV-Middlebrooks. The subject matter shall be confined to the pending litigation. (All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board members).
ATTENDEES: Governing Board Members E. Buermann, M. Collins, C. Dauray, S. Estenoz, N. Gutierrez, M. Meeker, P. Rooney, H. Thornton; Executive Director C. Wehle; District attorneys S. Wood, S. Echemendia, S. Nall, C. Kowalsky, K. Rizzardi, J. Nutt.
Pursuant to Florida Law, the entire attorney-client session shall be recorded by a certified court reporter. No portion of the session shall be off the record. A copy of the transcript will be made part of the public record at the conclusion of the litigation.; April 9, 2008, 9:00 a.m. – completed; South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
DATE AND TIME: April 10, 2008, 9:00 a.m. – completed
PLACE: South Florida Water Management District Headquarters, Building B-1, Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406
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To conduct a conference call of the Florida Rehabilitation Council Evaluation Committee. Any interested parties that need further information may contact Yolanda Manning at (850) 245-3320 for all conference call information.
COMMITTEE MEETINGS: Please note that committees of the Florida Rehabilitation Council will meet at various times throughout the year to carry out the work of the council; the meeting dates and times will be posted at the above address at least seven days prior to the meeting. Persons who want to be notified of such meeting may request to be put on mailing list for such notices by writing to Yolanda Manning at the Council's address.
Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, agency of this state or of any political subdivision; thereof shall include in the notice any meeting or hearing, if notice of the meeting or hearing is required of such board, commission, or agency, conspicuously on such notice, they advise that if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. (Florida Statutes, 286.0105)
; April 3, 2008 12:30-1:30 PM
May 1, 2008 12:30-1:30 PM
July 3, 2008 12:30-1:30 PM
August 7, 2008 12:30-1:30 PM; 2002 A Old St. Augustine Road
Tallahassee, Florida 32301-4862
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Regularly scheduled quarterly meeting of the Investment Advisory Council. The IAC is a six-member advisory council, which reviews the investments made by the staff of the State Board of Administration and makes recommendations to the board regarding investment policy, strategy, and procedures. The IAC operates under s. 215.444 of the Florida Statutes.; Thursday, April 17, 2008, at 9:30 a.m.; The Hermitage Centre, 1801 Hermitage Blvd., Tallahassee, Florida 32308
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This is a regularly scheduled meeting of the Industrial Advisory Committee to discuss committee business and issues.; Tuesday, April 8, 2008, 9:00 a.m.; Tampa Service Office, 7601 Highway 301 North, Tampa, FL 33637
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This is a regularly scheduled meeting of the Public Supply Advisory Committee to discuss committee business and issues.; Tuesday, April 8, 2008, 1:30 p.m.; Tampa Service Office, 7601 Highway 301 North, Tampa, FL 33637
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For cases previously heard by the panel.; April 17, 2008 at 2:00 p.m.; Department of Health, Tallahassee at Meet Me Number (888) 808-6959 conference code (2458182).
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The Art Selection Committee will determine artwork sites for Art in State Buildings Project # 7042-3100, Gulf CHD in Wewahitchka, Culf County.; Thursday, April 17, 2008, at 3:30 pm; Conference Room, Gulf County Health Department in Wewahitchka
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Agenda items will include the 2007 Financial Audit; Audit Committee Charter procedures checklist; update on the Private Letter Ruling; and 2008 Audit Committee meeting schedule.; April 9, 2008, beginning at 10:00 a.m.; To participate in the teleconference meeting, please contact Kathy Coyne at (941) 378-7408.
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General meeting to discuss council issues.; Thursday April 11, 2008 at 10:00 a.m.; Sebring Agri-Civic Center, 4509 George Blvd., Sebring, FL 33875
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The Probable Cause Panel will meet to conduct hearings on disciplinary matters. These meetings are closed to the public; however, there may be cases where probable cause was previously found which are to be reconsidered. The Board will meet to discuss Long Range Planning issues. The Board will meet to consider enforcement proceedings including consideration of investigation officers' reports and other general business. This is a public meeting.; Monday, April 7, 2008 beginning at 9:00 a.m. until all Board business is concluded.
Tuesday, April 29, 2008 beginning at 10:30 a.m. until all Probable Cause Panel business is concluded.
Tuesday, April 29, 2008 beginning at 1:00 p.m. until all Long Range Planning business is concluded.
Wednesday, April 30, 2008 beginning at 9:00 a.m. until all Board Meeting business is concluded.; Sheraton Suites Tampa Airport, 4400 West Cypress Street, Tampa FL 33607
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General board business.; Friday, April 18, 2008, commencing at 8:30 a.m., and will also be held by conference call if necessary.; Palmer College of Chiropractic, Allen Green Civic Center, 4705 S. Syde Morris Boulevard, Port Orange, Florida
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The Committee discusses and makes recommendations on pesticide registration issues impacting human health and safety and the environment.; May 1, 2008; 9:00 A.M.; Bureau of Pesticides Conference Room, 3125 Conner Boulevard, Building 6, Room 606, Tallahassee, Florida, 32399.
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Agenda items shall include an agency/producer's request for reinstatement of privileges to submit business to the FWCJUA; the Executive Director’s decision to revoke/suspend an agency/producer’s authorization to submit business to the FWCJUA; and a review of Committee duties.; April 15, 2008, beginning at 11:00 a.m.; Tampa Airport Marriott, Tampa International Airport, Tampa, Florida.
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General Business Meeting.; April 4, 2008, beginning at approximately 9:00 a.m. or soon thereafter.; Marriott Tampa Airport
Tampa International Airport
(813) 879-5151
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To conduct a private meeting to review cases for which a determination of probable cause is to be made and to conduct a public meeting to review cases on which probable cause has been made.; Friday, April 11, 2008 at 2:00 p.m.; To be held via meet-me number 888-808-6959, conference code 2454131
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The Florida Fish and Wildlife Conservation Commission, in response to agency observations and concerns expressed by the public is conducting an assessment of the Florida Quota Hunt Program. The assessment is designed to identify concerns associated with the Quota Hunt Program and develop ideas for making improvements. This meeting is being held to invite members of the public to share their ideas with facilitators and agency staff on this topic.; April 16, 2008, 5:00 p.m. - 9:00 p.m.; Gulf Coast Community College, Gibson Lecture Hall, 5230 West U.S. HWY 98, Panama City, FL.
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The task force will work to address the growing health crisis that autism represents through coordinating efforts and setting a proactive agenda. The task force, made up of leaders in autism advocacy and treatment, health care practitioners, and family members of persons with autism, will hear presentations from various state agencies and interested parties in preparation for the submission of a final report of recommendations to the Governor by March 20, 2009.; Day One - Wednesday, April 2, 2008, 10:00 a.m. to 2:30 p.m., at the Florida State University College of Law Rotunda, 425 W. Jefferson Street, Tallahassee, Florida 32306. The meeting will reconvene at 3:00 p.m. until conclusion at the Capitol Building, 22nd Floor, Tallahassee, Florida.
Day Two - Thursday, April 3, 2008, 9:00 a.m. to 2:30 p.m.
; Florida State University College of Law Rotunda, 425 W. Jefferson Street, Tallahassee, Florida 32306 and The Capitol Building, 22nd Floor, Tallahassee, Florida.
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Committee, disciplinary actions and general session meetings of the Board.; Wednesday, April 9, 2008, at 8:30am; Thursday, April 10, 2008, at 8:30am; Friday, April 11, 2008, at 8:30am.; Hilton Melbourne Beach Oceanfront, 3003 North A1A, Indialantic, FL, 32903.
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To discuss operational matters of the Statewide Law Enforcement Radio System.; April 8, 2008. The meeting will begin at the conclusion of the Rule Development Workshop that starts at
9:00am until 3:00pm.
; Florida Department of Law Enforcement Headquarters, 2331 Phillips Road, Tallahassee, Florida, 32308.
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Regular scheduled meeting of the Governor and Cabinet
The State Board of Administration will take action on matters duly presented on its agenda, which may include such matters as Executive Director’s reports; approval of fiscal sufficiency of state bond issues; approval of sale of local bonds at an interest rate in excess of statutory interest rate limitation; report on investment performance; designation of banks as depositories for state funds; adoption of rules and regulations; investment of state funds pursuant to Chapter 215, F.S.; and consideration of other matters within its authority pursuant to Chapters 215 and 344, F.S., and Section 16 of Article IX of the Florida Constitution of 1885, as continued by subsection 9(c) of Article XII of the Florida Constitution of 1968. The Division of Bond Finance of the State Board of Administration will take action on matters duly presented on its agenda, which will deal with the issuance of State bonds, arbitrage compliance and related matters.
The Financial Services Commission will take action on matters duly presented on its agenda which may include, but not be limited to, matters relating to rulemaking for all activities concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct, claims, adjusters, issuance of certificates of authority, solvency, viatical settlements, premium financing, and administrative supervision, as provided under the Insurance Code or Chapter 636, F.S., and for all activities relating to the regulation of banks, credit unions, other financial institutions, finance companies, and the securities industry.
The Department of Veterans’ Affairs will take action on matters duly presented on its agenda which may include the administration of the Department as well as actions taken to further the Department’s mission of providing assistance to veterans and their dependents, pursuant to Section 292.05, F.S.
The Department of Highway Safety and Motor Vehicles will take action on matters duly presented on its agenda, which may include such matters as approval of agency policies, taking agency action with regard to administrative procedure matters, and considering other matters within its authority pursuant to Florida Statutes.
The Department of Law Enforcement will take action on matters duly presented on its agenda which may include but not be limited to such matters as transfer of agency funds or positions, formulation of Departmental Rules, administrative procedure matters, submittal of reports as required, enter into contracts as authorized and to consider other matters within its authority pursuant to Chapters 20, 23, 120 and 943, F.S.
The Department of Revenue will act on matters duly presented on its agenda which may include approval of rules, legislative concept proposals, contracts over $100,000, Departmental budgets, taking final action on formal and informal hearings under Chapter 120, F.S., and consideration of other matters within its authority.
The Department of Education will finalize agency action on the business of the Florida Department of Education.
The Administration Commission will take action on matters duly presented on its agenda which may include such matters as to create or transfer agency funds or positions, approve Career Service rules, administrative procedure matters, environmental matters arising under Chapter 380, F.S., comprehensive planning issues pursuant to Section 163.3184, F.S., determine sheriffs’ budget matters, and consider other matters within its authority pursuant to Chapters 110, 215 and 216, F.S.
The Florida Land and Water Adjudicatory Commission will take action on matters duly presented on its agenda including appeals of local government development orders in areas of critical state concern or of developments of regional impact under Section 380.07, F.S.; and review of water management matters under Chapter 373, F.S. The Commission will also review Department of Environmental Protection’s rules and orders which, prior to July 1, 1993, the Governor and Cabinet, sitting as the head of the Department of Natural Resources, had authority to issue or promulgate.
The Board of Trustees of the Internal Improvement Trust Fund will take action on matters duly presented on its agenda which may include such matters as mineral leases or sales, state or sovereign land leases, sales, exchanges, dedications, and easements, Conservation and Recreation Lands (CARL) and other land purchases; land planning matters and other matters within its authority. Additionally, the Board will take action on matters presented by the Marine Fisheries Commission as set forth in Sections 370.025, 370.026 and 370.027, F.S., and matters pertaining to the Office of Greenways Management, the Office responsible for the management of lands which formerly fell within the Cross Florida Barge Canal project corridor.
The Department of Environmental Protection, while not a Cabinet agency, will present for consideration on its agenda those matters required by law to be reviewed by the Governor and Cabinet and those pertaining to the siting of power plants, electric and natural gas transmission lines and hazardous waste facilities; coastal zone management consistency and standards adopted by the Environmental Regulation Commission.; April 15, 2008, 9:00 a.m.; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida
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These are meetings of the technical workgroups associated with the Governor’s Action Team on Energy and Climate Change to continue discussion of policy issues regarding the development of a comprehensive Energy and Climate Change Action Plan that will address statewide greenhouse gas reductions specified in Executive Order 07-127.; April 23, 2008, 1:30 p.m. – 3:30 p.m. or until completion of business.
Energy Supply and Demand Technical Workgroup
PLACE: The meeting will be held via teleconference and members of the public may join the meeting by dialing (800)704-9804 and entering the following code: 612147
Agriculture, Forestry and Waste Technical Workgroup
DATE AND TIME: April 30, 2008, 1:00 p.m. – 3:00 p.m. or until completion of business.
PLACE: The meeting will be held at the Douglas Building in conference room B via teleconference and members of the public may join the meeting by dialing (800)704-9804 and entering the following code: 436766
Transportation and Land Use Technical Workgroup
DATE AND TIME: April 23, 2008, 1:00 p.m. – 3:00 p.m. or until completion of business.
PLACE: The meeting will be held at the Carr Building in room 153 via teleconference and members of the public may join the meeting by dialing (800)704-9804 and entering the following code: 372144
Cap and Trade Technical Workgroup
DATE AND TIME: April 25, 2008, 2:00 p.m. – 4:00 p.m. or until completion of business.
PLACE: The meeting will be held at the Carr Building in conference room 170 via teleconference and members of the public may join the meeting by dialing (800)704-9804 and entering the following code: 162223
Government Policy Coordination Technical Workgroup
DATE AND TIME: May 1, 2008, 9:00 a.m. – 11:00 a.m. or until completion of business.
PLACE: The meeting will be held at the Bob Martinez Center in room 609 via teleconference and members of the public may join the meeting by dialing (800)704-9804 and entering the following code: 232679
Adaptation Technical Workgroup
DATE AND TIME: April 21, 2008, 10:00 a.m. – 12:00 Noon or until completion of business.; The meeting will be held at the Douglas Building in conference room A via teleconference and members of the public may join the meeting by dialing (800)704-9804 and entering the following code: 883437
- Notices of Petitions and Dispositions Regarding Declaratory Stat (20)
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American Pool Service of Orlando, LLC.; The Petitioner seeks the Board’s opinion as to whether the terms of an agreement to provide personnel to one of its customers amounts to a “temporary help arrangement” within the meaning of section 468.520(4)(a), Florida Statutes (2007), or a “facilities staffing arrangement” within the meaning of section 468.520(4)(c), Florida Statutes (2007). The Board originally planned to consider this Petition during a telephonic conference call to be held on March 19, 2008. The Petition will now be heard during the Board’s regularly scheduled, public meeting that will be held in St. Petersburg Beach, Florida on April 16, 2008.
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Abe Sacks, on behalf of Structa Wire Corporation, on February 18, 2008.
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Dwight E. Holmes, FAIA, on behalf of Holmes Hepner & Associates Architects, on February 21, 2008.
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Fred R. Dudley, Holland & Knight, on behalf of Verizon Wireless, on February 22, 2008,
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G. David Rogers, on behalf of Florida Propane Gas Association, on March 4, 2008,
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Mr. Mark S. Speckin., on behalf of SPX Cooling Technologies, Inc.; It was assigned the number DCA07-DEC-182. The Commission determined that the Florida Building Code (2007 as amended) requires the structure and anchorage of exterior mounted cooling towers that are subject to the forces of wind to be designed to withstand the applied wind force; and the wind design date for those towers must be included within the construction documents submitted to the local authority having jurisdiction.
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Mr. Mark S. Speckin, on behalf of SPX Cooling Technologies, Inc.; It was assigned the number DCA07-DEC-183. The Commission determined that the Florida Building Code (2007 as amended) requires the mechanical equipment and supports being replaced during a level 1 alteration to meet the wind design criteria of the current code, not the code in effect when the building was originally constructed, and that the new mechanical equipment must be designed for wind forces for both the structure and anchorage of mechanical equipment as specified in the code in effect at the time that application is made for a permit for the alteration.
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Mr. Gary Swartz, on behalf of E-Z Taping System, Inc.; It was assigned the number DCA07-DEC-194. The Commission determined that Petitioner’s product, a taping system for use in conjunction with fire-rated gypsum board, is not subject to the requirements of Rule 9B-72, Florida Administrative Code, and approval by the Commission for statewide use is not required to use the product.
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Mr. James DiPietro, on behalf of the Broward County Board of Rules and Appeals; It was assigned the number DCA07-DEC-252. The Commission determined that the adoption of a proposed local amendment allowing local amendment in Broward County allowing building officials within Broward County to reinstate inactive building permits that have been nullified by operation of Section 105.4.1.2., Florida Building Code, Building Volume (2007 as amended) would not violate Section 553.73(4)(a), Florida Statutes (2007).
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School Board of Escambia County, Florida (School Board) and the Union of Escambia Education Staff Professionals (Union); Case No. DS-2008-001. The Commission determined that the substitution of the Union as the bargaining agent for three separate School Board bargaining units through amendment to certification petitions did not act to merge the three units into a single bargaining unit.
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from American Promotional Events, Inc. c/b/a TNT Fireworks, Petitioner; The Petitioner emailed his withdrawal of petition for declaratory statement stating that he was informed by the Florida State Fire Marshal’s Office that it does not have jurisdiction to the issue requested by declaratory statement.
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Ace Drug, Inc. d/b/a Hollywood Medical Supply; NOTICE IS GIVEN that the Agency for Health Care Administration has received a petition for declaratory statement from Ace Drug, Inc. d/b/a Hollywood Medical Supply. The provisions on which the declaratory statement are sought are: section 409.913(7)(d), Florida Statutes; section 409.920, Florida Statutes; Rule 59G-4.070, Florida Administrative Code; and Florida Provider General Handbook, Chapter 1-5 (entitled Medicaid Payment is Payment in Full). The Petitioner is requesting that the Agency issue a declaratory statement advising that providing the proposed services described in the petition, and allowing beneficiaries to pay for upgrades, would not subject Hollywood to disciplinary action under section 409.913(7)(d), Florida Statutes; section 409.920, Florida Statutes; Rule 59G-4.070, Florida Administrative Code; and/or Florida Provider General Handbook, Chapter 1-5. A copy of the petition may be obtained by writing to: Richard J. Shoop, Esquire, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308.
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Steven M. Sincere, P.E., on March 12, 2008,
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filed by Robert D. Clark, on behalf of Air Products Healthcare Southeast, Inc., d.b.a. MedSafety(“Air Products Healthcare”); The petition seeks the Board’s interpretation of Section 468.35, Florida Statutes, in regards to whether an employee or independent contractor of a home respiratory equipment company is required to be licensed by the Florida Board of Respiratory Care to perform some of all of the following activities: deliver, assemble, set-up and/or test Continuous Positive Airway Pressure (CPAP) or Bi-level therapy equipment; follow-up to ensure that the equipment is functioning properly and educate patients no how to use the nasal mask or to interface with a Positive Airway Pressure (PAP) device.
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Robert A. Walz, P.E., on March 17, 2008,
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Ruben Fabian Arroyo, President of Arroyo Enterprises, Inc., on March 17, 2008,
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Joseph Herrmann, Production Manager, on behalf of Arroyo Enterprises, Inc., on March 17, 2008,
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Michael David Drinkwine, Petitioner; Docket No. 2008015352.; Whether Michael Drinkwine, a defendant in Martin County Circuit Court in criminal case no. 432007CF319, violated Section 326.005(3), Florida Statutes, in that case by intentionally failing to place funds received pursuant to a sales transaction involving a new yacht into a trust account.
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Patrick Carr, Petitioner, Old Port Cove Property Owners Association, Inc. ; Docket No. 2006061569; The Division declined to issue an order because of a factual dispute between the parties, which may not be resolved by declaratory statement.
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Martin County Fire Rescue; The Department dismisses the Petition without prejudice for the following reasons. The petition does not comply with several of the formal requirements for petitions for declaratory statement. 28-105.002(1), (2), (4), and (5), F.A.C. The petition does not specify the statutory provision, rule or order that the Petitioner believes applies to the relevant set of circumstances.
- Notices Regarding Bids, Proposals and Purchasing (12)
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Department of Education, Florida International University
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Other Agencies and Organizations, DeSoto County Community Services Department
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Other Agencies and Organizations, Early Learning Coalition of the Nature Coast
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Department of Education, School Districts
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Department of Environmental Protection, Departmental
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Other Agencies and Organizations, Peter R. Brown Construction
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Regional Planning Councils, North Central Florida Regional Planning Council
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Regional Planning Councils, East Central Florida Regional Planning Council
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Department of Education, University of Florida
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Department of Corrections, Departmental
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Department of Education, Florida International University
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Department of Management Services, Departmental
- Miscellaneous (32)
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Department of Environmental Protection, Departmental
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Department of Environmental Protection, Office of the Secretary
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Department of Environmental Protection, Departmental
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Department of Health, Board of Nursing
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Department of Environmental Protection, Departmental
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Agency for Health Care Administration, Certificate of Need
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Department of Environmental Protection, Departmental
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Other Agencies and Organizations, Hardee County Economic Development Authority
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Other Agencies and Organizations, Florida Medical Malpractice Joint Underwriting Association
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Agency for Health Care Administration, Certificate of Need
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Department of Environmental Protection, Office of the Secretary
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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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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 Education, State Board of Education
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Department of Health, Board of Dentistry
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Department of Health, Board of Nursing
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Department of Health, Board of Nursing
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Department of Health, Board of Nursing
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Department of Community Affairs, Departmental
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Department of Community Affairs, Departmental
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Department of Community Affairs, Departmental
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Department of Community Affairs, Departmental
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Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles
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Department of Financial Services, FSC - Financial Institution Regulation
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Agency for Health Care Administration, Departmental