- Notices of Development of Proposed Rules and Negotiated Rulemaking (5)
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The Council proposes the rule amendment to consider temporary and/or permanent reduction in fees.
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The Board proposes the rule amendment to consider temporary reduction of the biennial active renewal fee.
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The Agency is proposing to amend this rule to reword the phrase “but not limited to” for clarification and the term governing body will be revised to governing board to align with statutory terminology.
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The Agency is proposing to amend this rule to update the ambulatory surgical center licensure form to align with the online licensure process and allow for the data collection of web addresses required by §395.301, FS.
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Section 633.202(1), F.S., requires the Division of State Fire Marshal to adopt, by rule, the Florida Fire Prevention Code (FFPC) every third year. Section 633.202(2), F.S., requires the National Fire Protection Association’s (NFPA) Standard 1 to be a part of the FFPC and allows the State Fire Marshal to modify the selected codes and standards as needed to accommodate the specific needs of the state. Section 633.202(5)(d), F.S., allows the Division to address unintended results from the integration of Florida-specific amendments that were previously adopted with the model code. This rule amendment will update the FFPC to address an unintended result from the integration of a Florida-specific amendment contained in NFPA 1, Section 50.7 – Mobile and Temporary Cooking Operations, and add additional reference material adopted in the 2018 edition which will clarify the same section of NFPA 1 pursuant to Section 633.202(5)(d), F.S.
- Petitions and Dispositions Regarding Rule Variance or Waiver (10)
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On May 8, 2018, the Division issued an order. The Final Order was in response to a Petition for an emergency permanent variance from Home 2 Suites by Hilton, filed April 18, 2018, and advertised on April 23, 2018 in Vol. 44, No.79, 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 2.4.1.5, A.S.M.E. A17.1, 2013 edition, and Rule 2.15.9.2, A.S.M.E. A17.1, 2013 edition, as adopted by Rule 61C-5.001, Florida Administrative Code (effective January 11, 2018) that requires the pit be 5 foot deep, and grants permission to use a retractable toe guard for the existing 4 foot pit 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 (VW 2018-066).
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On April 19, 2018 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Body Mind USA LLC located in Panama City. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink.
The Petition for this variance was published in Vol. 44/78 on April 20, 2018. The Order for this Petition was signed and approved on May 08, 2018. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink and the three compartment sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink and the three compartment sink is provided with hot and cold running water under pressure, and that the handwash sink is provided with soap, an approved hand drying device and a handwashing sign.
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On April 27, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Vlad Kovalchuk LLC located in Tampa. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink.
The Petition for this variance was published in Vol. 44/84 on April 30, 2018. The Order for this Petition was signed and approved on May 08, 2018. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink and the three compartment sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink and the three compartment sink is provided with hot and cold running water under pressure, and that the handwash sink is provided with soap, an approved hand drying device and a handwashing sign
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On April 27, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Vlad Kovalchuk LLC located in Clearwater. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink.
The Petition for this variance was published in Vol. 44/84 on April 30, 2018. The Order for this Petition was signed and approved on May 08, 2018. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink and the three compartment sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink and the three compartment sink is provided with hot and cold running water under pressure, and that the handwash sink is provided with soap, an approved hand drying device and a handwashing sign.
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On April 27, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Vlad Kovalchuk LLC located in Brandon. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink.
The Petition for this variance was published in Vol. 44/84 on April 30, 2018. The Order for this Petition was signed and approved on May 08, 2018. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink and the three compartment sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink and the three compartment sink is provided with hot and cold running water under pressure, and that the handwash sink is provided with soap, an approved hand drying device and a handwashing sign.
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On April 20, 2018 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Ice Cream Roll by Chilling LLC located in Kissimmee. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink.
The Petition for this variance was published in Vol. 44/79 on April 23, 2018. The Order for this Petition was signed and approved on May 08, 2018. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink and the three compartment sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink and the three compartment sink is provided with hot and cold running water under pressure, and that the handwash sink is provided with soap, an approved hand drying device and a handwashing sign.
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On April 20, 2018 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Kapadokya Inc. located in Jensen Beach. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink.
The Petition for this variance was published in Vol. 44/79 on April 23, 2018. The Order for this Petition was signed and approved on May 08, 2018. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink and the three compartment sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink and the three compartment sink is provided with hot and cold running water under pressure, and that the handwash sink is provided with soap, an approved hand drying device and a handwashing sign.
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variance to allow use and maintain the waste water system (Dragonfly) without the existing water purity requirements for a five year period from Rule 62-606.400, F.A.C., which exempts gambling vessels from the requirements to register the gambling vessel if it operates a marine waste treatment system that produces sterile, clear, and odorless reuse water without generating solid waste and that eliminates the need to pump out or dump waste. The activity is located on the Victory I Casino Vessel moored at 180 Christopher Columbus Drive, Cape Canaveral, Florida, 32920, in Brevard County.
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variance or waiver filed by Martin R. Dix, Esquire, on behalf of PetMed Express, Inc., d/b/a 1-800-PetMeds, seeking a waiver of the requirement of Rule 64B16-27.4001(2)(a), F.A.C, which states that delegated tasks must be performed under the direct supervision of a pharmacist and defines direct supervision as supervision by a pharmacist who is on the premises at all times the delegated tasks are being performed; who is aware of delegated tasks being performed; and who is readily available to provide personal assistance, direction and approval throughout the time the delegated tasks are being performed.
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variance or waiver filed by Thomas Galassi. Petitioner is seeking a variance or waiver of Rule 61G6-6.017(1), Florida Administrative Code, which requires for the purpose of certification, a passing examination score on any part of the examination shall be valid only for a period of three (3) years from the date of the examination.
- Notices of Meetings, Workshops and Public Hearings (27)
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Quarterly meeting of the Southwest Florida Local Emergency Planning Committee; May 24, 2018, 9:30 a.m.; Lee County Mosquito Control District, 15191 Homestead Road, Lehigh Acres, FL 33971
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This is a meeting of the Board of Trustees to discuss general business.; Tuesday, May 22, 2018, 9:30 a.m.; Fort Menendez's Old Florida Museum; 259 San Marco Ave; St Augustine, FL 32084
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Review of progress on the public outreach plan. Discussion of technical and policy issues identified in the April workshop.; Friday, May 18, 2018, 9:30 am; Toho Water Authority
951 Martin Luther King Blvd
Kissimmee, Florida 34741
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The discussion will include the May claims-paying capacity estimates. Other general business of the Advisory Council may also be addressed.; May 17, 2018, 1:30 p.m. (ET) until conclusion of meeting.; Room 116 (Hermitage Conference Room), 1801 Hermitage Blvd., Tallahassee, Florida. Persons wishing to participate by phone may dial (888) 670-3525 and enter conference code 7135858151.
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The Board of Directors of the Gulf Consortium will meet to discuss the progress and implementation of the state expenditure plan; planning grant management and administration; and to conduct related business; Thursday, May 17, 2018, 10:00 am, CDT.; Edgewater Beach Resort Conference Center 520 Richard Jackson Blvd. Panama City Beach, FL 32407, or Dial-In +1 (224) 501-3316 Access Code: 530-858-989
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On May 23, 2018 from 5 p.m. to 7 p.m. there will be a public meeting at the City of Avon Park Council Chambers to address any questions or concerns regarding US 27 improvements.
The Florida Department of Transportation’s (FDOT) contractor, Concrete Services, Inc., is making improvements to the intersection of US 27 at SR 64. Improvements include replacing existing asphalt road with concrete pavement on southbound US 27 from West Pleasant Street to Paulk Street and on US 27 northbound from Dyal Street to West Hill Street and on SR 64 from Self Avenue to US 27 in Highlands County, Florida. The project also includes milling and paving existing asphalt, adding a right turn lane on SR 64, drainage improvements, sidewalk and curb construction, replacement of existing traffic signals, adding new street light poles and signage and pavement markings.
; May 23, 2018 5 p.m. to 7 p.m; City of Avon Park Council Chambers 123 East Main Street, Avon Park Florida 33825
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The purpose of this meeting is to provide updates to the SHIP Steering Committee regarding the State Health Improvement Plan (SHIP), and to report progress on the implementation of the SHIP to date.
; May 22, 2018 – 1:00 p.m. – 3:00 p.m.; Capital City Office Complex
Building 4025, Room 301
Tallahassee, FL 32399
Dial in information:
Please register for SHIP Steering Committee Meeting on May 22, 2018 1:00 PM EST at:
https://attendee.gotowebinar.com/register/14435878613944578
1) Provide SHIP updates
2) Report progress on the implementation of the 2017-2021 SHIP
After registering, you will receive a confirmation email containing information about joining the webinar.
Tallahassee, FL 32399
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The Board will meet to consider enforcement proceedings including consideration of investigation officers’ reports, rules, applications and other general business. This is a public meeting.; will be held on Thursday, June 14, 2018, beginning at 9:00 a.m. CT, until all business is concluded.; Department of Business and Professional Regulations, North Tower, 400 West Robinson Street, Room 901, Orlando, Florida
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The board will meet to discuss general business, rules, and proposed legislative changes and any other business.; Friday, June 15, 2018, beginning at 9:00 am, CT until all business is concluded.; Marriott Orlando Downtown
400 West Livingston Street, Orlando, Fl. 32801
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CANCEL May 15, 2018 Board Meeting at 10:00
New Date and Time, May 21st at 10:00 a.m. Board Meeting; CANCEL May 15, 2018 Board Meeting at 10:00 a.m.
New Date and Time: May 21, 2018 at 10:00 a.m.; 1820 E. Park Avenue, Suite 101
Tallahassee, FL 32301
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Series of calls discussing general business.
Calls will begin every hour on the hour from 9:00 AM to 4:00 PM - with the exception of an hour lunch break taken at 12:00 PM.; Wednesday, May 30, 2018 at 9:00 AM until all business is complete.; Phone Number: 1-888-670-3525; Code: 3360784946#
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Representatives of the Florida Medical Malpractice Joint Underwriting Association will open any Applications for Grants for Partnerships in Improving the Safety of Health Care Services (RFA # 2018-01), timely received by the FMMJUA.; Thursday, May 24, 2018, at 1:00 p.m.; FMMJUA, 1836 Hermitage Blvd., Suite 201, Tallahassee, FL 32308.
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Update the members of the Subcommittee and the general public on the progress of ongoing canal water quality restoration projects and discuss future actions.; May 23, 2018, 9:00am-12:00pm; Marathon City Hall, 9805 Overseas Highway, Marathon, FL 33050
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The purpose of the meeting is to update the members of the WQPP Steering Committee on the progress of ongoing water quality protection projects and to discuss future actions.; May 22, 2018, 9:00am-3:30pm; Marathon Government Center, Board of County Commissioners (BOCC) Meeting Room, 2798 Overseas Highway, Marathon, FL 33050
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Regular Bi-monthly meeting of the Apalachee Regional Planning Council.; Thursday, May 17, 2018, 9:00 am ET; N FL Research & Education Center, 155 Research Road, Quincy, FL 32351
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This is a public meeting to present the draft Silver Spring and Rainbow Spring Basin Management Action Plan (BMAP).; May 24, 2018, 9:00 a.m.; Marion County Growth Management, 2710 East Silver Springs Boulevard, Ocala, FL 34470
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Discussion of FY 2018 Florida’s Wildlife Legacy Initiative’s State Wildlife Grants project ideas.; May 18, 2018, 1:00 p.m; Teleconference only. Dial (712) 770-5108 and use participant access code 166264#.
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Departmental Rule 33-601.722, Visiting Schedule.
Copies of the agenda and any available materials for the meeting will be available for inspection beginning Monday, May 21, 2018, on the Department’s website. Each person who requests an opportunity to be heard at the public hearing will be required to submit a Public Hearing Appearance Request/Record Form in person on the date of the public hearing. The Public Hearing Appearance Request/Record form will be available in the lobby of the Betty Easley Center on the date of the hearing. Copies of the agenda and any available materials will be provided upon written request and the payment of approved duplicating charges.
; Thursday, May 31, 2018, 8:30 a.m. – 11:00 a.m.; Capital Circle Office Center (Betty Easley Center), Room 148, 4075 Esplanade Way, Tallahassee, FL 32399.
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This is a public meeting to discuss and receive comments on the Gemini Springs and DeLeon Spring Basin Management Action Plans (BMAPs). The BMAPs are the means for implementation of the adopted Total Maximum Daily Loads (TMDLs). The primary purpose of this meeting is to discuss and receive comments on the draft BMAP documents prior to submission for adoption.; Tuesday, May 22, 2018 at 1:30 p.m.; County Council Chambers, Room 204, Thomas C. Kelly Administration Center, 123 West Indiana Avenue
DeLand, Florida 32720
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This is a public meeting to discuss and receive comments on the Wekiwa Spring and Rock Springs Basin Management Action Plan (BMAP). The BMAP is the means for implementation of the adopted Total Maximum Daily Loads (TMDLs). The primary purpose of this meeting is to discuss and receive comments on the draft BMAP document prior to submission for adoption.; Wednesday, May 23, 2018 at 9:30 a.m.; Works West Altamonte Operations Facility (Lake Lotus Training Room), 950 Calabria Drive, Altamonte Springs, FL 32714
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to monitor the operations of the Florida Board of Professional Engineers and the Florida Engineers Management Corporation and other general business of the Committee. If you would like to participate in the call, please contact Rebecca Sammons at 850.521.0500 ext. 114 at least 10 days prior to the date of the meeting. The call in number is 888-392-4560 (you will need to contact Ms. Sammons for the participant code).; June 8, 2018 at 10am or soon thereafter; Florida Board of Professional Engineers
2639 North Monroe St.
Building B-112
Tallahassee, FL 32303
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Review applications for licensure and other general business of the committees. If you would like to participate in the call, please contact Rebecca Sammons at 850.521.0500 ext. 114 at least 10 days prior to the date of the meeting. The call in number is 888-392-4560 (you will need to contact Ms. Sammons for the participant code).; at the conclusion of the FBPE Board Meeting on June 20, 2018; Hyatt Regency Orlando International Airport
9300 Jeff Fuqua Boulevard
Orlando, FL 32827
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General business of the corporation. This meeting will be available by conference call also If you would like to participate in the call, please contact Rebecca Sammons at 850.521.0500 ext. 114 at least 10 days prior to the date of the meeting. The call in number is 888-392-4560 (you will need to contact Ms. Sammons for the participant code).; June 20, 2018 at 8:30am or soon thereafter
; Hyatt Regency Orlando International Airport
9300 Jeff Fuqua Boulevard
Orlando, FL 32827
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general business of the board.; June 20, 2018 at 1pm or soon thereafter and June 21, 2018 at 8:30am or soon thereafter; Hyatt Regency Orlando International Airport
9300 Jeff Fuqua Boulevard
Orlando, FL 32827
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board member training.; June 20, 2018 at 10am or soon thereafter; Hyatt Regency Orlando International Airport
9300 Jeff Fuqua Boulevard
Orlando, FL 32827
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The above scheduled meeting has been CANCELLED. For more information, you may contact: the Governor’s Cabinet Affairs Office, (850)488-5152.; May 15, 2018, 9:00 a.m.: CANCELLED; Cabinet Meeting Room, The Capitol, Lower Level, Tallahassee, Florida
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The above scheduled meeting has been CANCELLED. For more information, you may contact: Ray Graves, Bureau Chief, 2900 Apalachee Parkway, Room A201, Tallahassee, Florida 32399.; May 21, 2018, 10:00 a.m.: CANCELLED; Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B201, Tallahassee, Florida 32399