- Proposed Rules (10)
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This amendment will incorporate by reference the updated U.S. National Institute of Standards and Technology (NIST) Special Publication, which defines the level of assurance required for any public key certificate or electronic notary that is used to affix the Notary's electronic signature or seal information.
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The proposed amendments address comments received from the Joint Administrative Procedures Committee regarding incorporation of enforcement guidelines that apply to the environmental resource permitting, consumptive use, and surface water management enforcement programs, and make other minor changes.
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To update the rules to include a hyperlink to the incorporated Figures and include a statement as to how to obtain a copy, in accordance with Rule 1-1.013, F.A.C., and to rename Figures 1 through 6 to Figures 41-9 through 41-14. Amendments to Rule 40E-41.160, F.A.C., address comments received from the Joint Administrative Procedures Committee to replace the Department of Community Affairs with the Department of Economic Opportunity, and update the rule to delete language that is obsolete.
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The proposed amendments to this rule and the Environmental Resource Permit Applicant's Handbook, Volume I, For Use Within the South Florida Water Management District, will incorporate the amended water quality standards of the Department of Environmental Protection, Chapters 62-4 (2/17/2016), 62-302 (2/17/2016), and 62-550, F.A.C. (7/7/2015).
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The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend Rule 40B-8.021, F.A.C., to add definitions to aid in the implementation of minimum flows and levels for the Econfina, Aucilla and Wacissa Rivers and associated priority springs; and revise existing definitions to provide for rule clarity. The effect of this amendment will be increased rule clarity and understanding for the regulated public.
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The Suwannee River Water Management District (District) gives notice that it is proposing rules 40B-8.071, 40B-8.081, and 40B-8.091 to implement new minimum flows and levels for the Econfina, Aucilla and Wacissa Rivers and associated priority springs. The effect of these rules will be to provide protection for these areas from significant harm resulting from uses of ground and surface water.
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Chapter 2015-175, Laws of Florida, amended Section 718.117(16), Florida Statutes, to require disputes involving condominium termination plans to be submitted to arbitration before the Division, pursuant to Section 718.1255, Florida Statutes. The Division proposes this rule amendment to apply the arbitration procedures in Rule Chapter 61B-45, F.A.C., to arbitration hearings of condominium termination disputes.
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Update the licensure exemption list for the 2016-2017 academic year and amend the cut score of one of the assessment instruments (GED® Tests: Reasoning through Language Arts and Mathematic Reasoning) to conform to Rule 6A-6.021 F.A.C.
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Proposed revisions update the language to reflect current knowledge in the field. The effect of these revisions will be consistency with the federal requirements and related State Board of Education rules.
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Permitting requirements for overweight and overdimensional vehicles are being amended to eliminate unnecessary permit consideration criteria, clarify provisions, and to provide a maximum trailer length for transporting manufactured buildings in accordance with 2015-163, Laws of Florida.
- Petitions and Dispositions Regarding Rule Variance or Waiver (3)
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On March 28, 2016, the Agency issued a Final Order Denying Petition for Variance from or Waiver of Fla. Admin. Code R. 59G-13.070. The Agency’s order was filed in response to a Petition for Variance from or Waiver of Rule 59G-13.070 (“Petition”), filed on behalf of the Petitioner, A.G., on December 29, 2015. Notice of the Petition was published in Volume 42, No. 07, of the January 12, 2016, Florida Administrative Register. Rule 59G-13.070 of the Florida Administrative Code (“Rule”), which applies to all providers of Developmental Disabilities Individual Budgeting Waiver services who are enrolled in the Florida Medicaid program, requires that all providers of Developmental Disabilities Individual Budgeting Waiver services enrolled in the Florida Medicaid program be in compliance with the provisions of the Florida Medicaid Developmental Disabilities Individual Budgeting Waiver Services Coverage and Limitations Handbook, September 2015 (“Handbook”). Petitioner sought a variance from or waiver of the Handbook provision, page 2-97, Limitations and Exclusions, which limits behavior assistant services to a maximum of 32 quarter-hours per day. Based on the information presented in the Petition, the Agency found that Petitioner had failed to establish that the strict application of Rule 59G-13.070 of the Florida Administrative Code and the subject Handbook provisions would lead to unreasonable, unfair, and unintended results.
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On March 31, 2016, the Division issued an order. The Final Order was in response to a Petition for an emergency permanent variance from Riverplace Tower, filed February 19, 2016, and advertised on February 29, 2016 in Vol. 42, No. 40, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a permanent variance from Rule 2.1.4, ASME A17.1, 2009 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires utilizing duct work as a means of ventilation of smoke and hot gas in the hoistway because the Petitioner has demonstrated that the purpose of the underlying statute has been met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2016-038).
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On March 31, 2016 the Division issued an order. The Final Order was in response to a Petition for a temporary variance from 400 N Congress Bldg, filed February 16, 2016, and advertised on February 22, 2016 in Vol. 42, No. 35, of the Florida Administrative Register. No comments were received in response to the petition. The Final Order on the Petition for Variance grants the Petitioner a variance from Rule 3.11.3, and ASME A17.3, 1996 edition, as adopted by Rule 61C-5.001(1)(a) Florida Administrative Code that requires fire fighter’s service because the Petitioner has demonstrated that the purpose of the underlying statute has been met and that Petitioner would suffer a substantial hardship if required to comply with this rule (VW2016-036).
- Notices of Meetings, Workshops and Public Hearings (28)
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To review complaints in which a determination of the existence of probable cause has already been made.; April 26, 2016, 9:00 a.m. & 10:00 a.m.; Department of Business and Professional Regulation, Office of the General Counsel, 1940 N. Monroe Street, Suite 42, Tallahassee, Florida 32399-2202.
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To conduct the regular business of the Executive/Budget Committee.; April 11, 2016, 9:00 a.m.; 4000 Gateway Centre Blvd, Suite 100, Pinellas Park, FL 33782
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To conduct the regular business of the Tampa Bay Regional Planning Council.; April 11, 2016, 10:00 a.m.; 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33782
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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.; April 28, 2016, 9:00 a.m. and April 29, 2016, 9:00 a.m.; Courtyard Marriott Lake Mary, 135 International Parkway, Lake Mary, Florida 32746.
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To review and score applications for the Fast Track Grant Program.; Tuesday, May 10 at 9:00am; This meeting will be held via teleconference. Please visit http://www.florida-arts.org/documents/panels/teleconference.instructions.cfm for more instructions.
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The Committee on Continuing Professional Education will meet to discuss items relating to CPE credits.; April 20, 2016, 9:00 a.m.; Teleconference
Conference Number: 1 (888) 670-3525
Conference Code: 4694532213
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The Elevator Safety Technical Advisory Council will meet to discuss issues pertaining to elevator safety within the State of Florida.; May 10, 2016 from 9:00 AM to 1:00 PM; Reedy Creek Improvement District, Building & Safety, 1900 Hotel Plaza Blvd, Lake Buena Vista, FL 32830 407-828-2241
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In accordance with the timeframe set forth in section 120.525, Florida Statutes, a Public Opening is hereby noticed within the timeline for the Invitation to bid (ITB-DEM-15-16-060) for FDEM Food and Beverage Service
The Division reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. The Division will post notice of any changes or additional meetings within the Vendor Bid System (VBS) in accordance with section 287.042(3), Florida Statutes, and will not re-advertise notice in the Florida Administrative Review (FAR). Access the VBS at: http://vbs.dms.state.fl.us/vbs/main_menu.
; April 11, at 2:30 p.m.; William E. Sadowski Office Building
2555 Shumard Oak Blvd,
Room 120L
Tallahassee, FL 32399
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Review and discussion of applications for the Inspector General position.
; Tuesday, April 12, 2016 at 1:00 p.m. or 15 minutes after the conclusion of the regular Governing Board meeting, whichever is later.; District Headquarters, 4049 Reid Street (Hwy 100 West), Palatka, FL 32177. Conference Room 162.
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Ribbon cutting for the opening of a new segment of recreational trail joining the Green Mountain Scenic Overlook and Trailhead in Lake County with the district's 18-mile Apopka Loop Trail.
NOTE: This event may be attended by one of more St. Johns River Water Management District Governing Board members.; Thursday, April 7, 2016, 10:30a.m.; Green Mountain Scenic Overlook and Trailhead, 20700 County Road 455, Montverde, Florida
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Discussion and consideration of District business including regulatory and non-regulatory matters. Staff may recommend approval of external amendments which affect the adopted budget.
NOTE: One or more Governing Board members may attend and participate in the meetings by means of communications media technology.
; Tuesday, April 12, 2016; the Projects and Land Committee business meeting will begin at 9:00 a.m.; the Finance, Administration and Audit Committee meeting will begin at 10:00 a.m. or upon conclusion of the Projects and Land Committee meeting, whichever is later; the Governing Board meeting will begin at 11:00 a.m. or upon the conclusion of the Finance Committee meeting, whichever is later.; District Headquarters, 4049 Reid Street (Hwy 100 West), Palatka, FL 32177.
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Well Drillers Advisory Committee (WDAC) Meeting. Some members of the District's Governing Board may also attend the meeting.; Wednesday, April 13, 2016 at 1:30 p.m.; SWFWMD Tampa Service Office, 7601 Highway 301 N, Tampa, FL 33637
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In accordance with the timeframe set forth in section 120.525, Florida Statutes, a Public Opening is hereby noticed within the timeline for the Invitation to bid (ITB-DEM-15-16-068) for FDEM WebEOC Platform Products
The Division reserves the right to issue amendments, addenda, and changes to the timeline and specifically to the meeting notice listed above. The Division will post notice of any changes or additional meetings within the Vendor Bid System (VBS) in accordance with section 287.042(3), Florida Statutes, and will not re-advertise notice in the Florida Administrative Review (FAR). Access the VBS at: http://vbs.dms.state.fl.us/vbs/main_menu.
; April 8, 2016 at 2:30 pm; William E. Sadowski Office Building
2555 Shumard Oak Blvd,
Room 120L
Tallahassee, FL 32399
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The Northwest Florida Water Management District will present plans and request technical assistance for the development of Surface Water Improvement and Management (SWIM) plans for northwest Florida. These plans are used to guide and support watershed protection and restoration efforts. The technical advisory meetings will provide forums for local governments, resource agencies, and other technical stakeholders to provide input and help guide development of these plans. Prior to the meetings, agendas will be available on the District’s website at http://nwfwater.com/water-resources/swim/swim-plan-updates/. Additional information may be obtained by contacting Paul Thorpe (850) 539-5999, (800) 913-1518, or Paul.Thorpe@nwfwater.com.; April 14, 2016 1:00 CT; Okaloosa County
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Regularly scheduled CFMPOA meeting.; Friday, April 8, 2016, 10:00 a.m.; MetroPlan Orlando, David L. Grovdahl Board Room, 250 S. Orange Avenue, Suite 200, Orlando, FL 32801
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Quarterly Meeting of the Florida Interagency Coordinating Council for Infants and Toddlers.; April 28, 2016 at 1:00 pm - April 29, 2016 at 12:00 pm.; 4042 Bald Cypress Way, Tallahassee, Florida 32399
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Justice Administrative Commission Regular Commission Meeting.; April 19, 2016, 10:00 a.m.; Justice Administrative Commission, City Centre Building, 227 North Bronough Street, Suite 2100, Tallahassee, FL 32301
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General Business Meeting; April 21, 2016 @ 6:00 p.m.; (888) 670-3525 Conference Code: 4552635641
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For cases previously heard by the panel.; Tuesday, April 19, 2016, commencing at 1:00 p.m., at meet me number (888) 670-3525, participant code 7342425515.; Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399-3257.
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The agenda topic will be the safety program.; April 19, 2016 beginning at 3:00 p.m. (Eastern Time).; Contact Kathy Coyne at 941-378-7408 to participate.
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Florida Rehabilitation Council Executive Committee General Business.; May 4, 2016, 10:00 – 11:00 a.m. EST; Conference call 1-888-670-3525 passcode (7513637441)
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Florida Rehabilitation Council Evaluation Committee General Business.; Evaluation CC, May 12, 2016, 9:00 – 10:00 a.m. EST; Conference call 1-888-670-3525 passcode (7513637441)
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This meeting will discuss proposed actions that will assist in preserving, protecting and enhancing Florida’s military installations and missions.; Tuesday, April 5, 2016, 2:00 p.m. – 4:00 p.m., EDST; Conference call: dial-in number: 1(800)501-8979, access code: 2986640
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The Florida Building Commission will review and decide on Accessibility Waiver Applications, review and decide on requests for Declaratory Statements; and take up and consider other matters that appear on the Commission’s agenda. Specifically, the Commission will address:
Accessibility Waiver Applications:
a. Expert Shutter, 688 SW Whitmore Drive, Port St. Lucie, Florida (Waiver #139)
b. Indian River Networks, 241 Sixth Ave., Indialantic, Florida (Waiver #136)
c. City of Mattress, 2255 Palm Beach Lakes Blvd., West Palm Beach, Florida (Waiver #138)
d. Harding Suites Hotel, 8040 Harding Ave., Miami, Beach, Florida (Waiver #141)
e. Garden Suites Hotel 3900/3920 Garden Ave., Miami, Beach, FL 33140 (Waiver #142)
f. Jungle Island Zipline Tour, 1111 Parrot Jungle Tr., Miami, Florida (Waiver #145)
g. Young Life Southwind Dorm, 18115 SE 95th Street, Ocklawaha, Florida (Waiver #130)
h. McHardy Renovation, 432 MLK Blvd., Stuart, Florida (Waiver #134)
Petition for Declaratory Statement:
a. DS2015-150 by Rolando Soto, Chief Code Compliance Officer, Mechanical, of Broward County Board of Rules and Appeals
; April 12, 2016, 8:30 a.m.; Hilton University Of Florida Conference Center, 714 SW 34th Street, Gainesville, Florida
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The purpose of this meeting is to allow members of the Bond Team, as authorized by Financing Order No. PSC-15-0537-FOF-EI, issued November 19, 2015, to work cooperatively to establish the structuring, marketing, and pricing of nuclear asset-recovery bonds. As previously noticed, one or more of the Commissioners of the Florida Public Service Commission may attend and participate in the meeting.
Except as noticed herein, and unless otherwise provided by notice, the Bond Team meetings in this series will continue to be conducted on a regular, weekly basis each Wednesday afternoon at 2:00 p.m., at the location set forth above. It is not known at this time when this series of meetings will terminate; this series of meetings will be conducted until such time as nuclear asset-recovery bonds have been issued or until the Bond Team determines that such meetings are no longer necessary. Notice will be provided when it is known that this series of meetings will be terminated. Due to time constraints inherent in the process of structuring, marketing, and pricing these bonds, supplemental meetings might be needed and scheduled on an expedited basis. Notice of such supplemental meetings, if any are scheduled, will be provided by reasonable means.
; The Bond Team will meet on Thursday, April 21, 2016, at 2:00 p.m., instead of on Wednesday, April 20, 2016, at 2:00 p.m.; Florida Public Service Commission, Gerald L. Gunter Building, Room 154, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399
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The Probable Cause Panel will meet to conduct a private meeting to review cases to determine probable cause and to conduct a public meeting to review cases where probable cause was previously found. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the Probable Cause Panel or its counsel.; Monday, April 18, 2016, 3:00 p.m. or soonest thereafter.; Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.
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Official business of Commission – among topics include, but not limited to, are proposed legislation affecting Chapter 475, Part I, F.S., Chapter 61J2 rule discussion, budget discussions, escrow disbursement requests, recovery fund claims, education issues, petitions for declaratory statement, petitions for rule variance/waiver, disciplinary actions and real estate applications. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of the Commission members or its counsel.; Tuesday, April 19, 2016, 8:30 a.m. EST; meeting will reconvene on Wednesday, April 20, 2016, 8:30 a.m. EST.; Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.
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This public meeting for the Region XI Council will provide updates on training classes and any other issues involving the Region.; May 18, 2016 at 10:00 a.m.; Treasure Coast Public Safety Training Complex
4600 Kirby Loop Road, Fort Pierce, FL 34981
- Notices of Petitions and Dispositions Regarding Declaratory Stat (2)
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Richard Eric Smith.; As to whether the type of work performed by Petitioner, installing pre-engineered or integrated equipment, of which some work is subcontracted, would require a license in the State of Florida, and if so which license is required. 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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Donald Bouchard, Lee Amato, and Dan Lubinsky (Petitioners),; PERC declined to issue a declaratory statement regarding the two questions raised by the Petitioners. The first question is whether alleged misconduct engaged in by Local Number 1510, Fire Fighters of Miami Beach, International Association of Fire Fighters (Union), during the 2009-2012 collective bargaining negotiations with the City of Miami Beach, together with the Union’s purportedly misleading information to the Petitioners regarding participation in the Deferred Retirement Option Plan, for the apparent purpose of benefitting Union board members, would be considered a violation under the exclusive jurisdiction of the Commission pursuant to Section 447.501(1)(a), Florida Statutes. PERC declined to rule on this question because it concerned a conflict between the Petitioners and the Union based upon the Union’s purported past conduct, rather than a future matter which has not ripened into an actual case or controversy. To the extent that the Petitioners are entitled to any relief, they would need to file an unfair labor practice charge for a sufficiency review. The second question is whether the civil or criminal court system has jurisdiction of the aforementioned matters due to the Petitioners’ allegations that the Union’s alleged misconduct constituted “inherent fraud, fraudulent misrepresentation, breach of fiduciary duty, and civil conspiracy” under Section 175.195 or 447.11, Florida Statutes. PERC declined to opine as to the applicability of those statutes because it has no authority to rule on either of those statutory provisions. The final order declining the petition issued on March 30, 2016, in Case Number DS-2016-001.