- Proposed Rules (4)
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The rules established the smoking policy for the Office, pursuant to sections 120.53 and 386.205, Florida Statutes. Previously, section 386.205(6), gave state agencies authority to create policies and adopt rules to administer the Florida Clean Indoor Air Act. Subsequently, the Legislature revised chapter 386, giving rulemaking authority to the Departments of Health and Business and Professional Regulation, along with the State Fire Marshal, to adopt rules to implement the provisions of the Act.
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Currently, Rules 69N-121.007 and 121.010, Florida Administrative Code, prescribe the procedure by which the Office processes public records requests and the indexing of final orders, respectively. As the public records process is now mostly governed by statute and the indexing process for final orders has been revised by statutory amendment in 2015, these rules are now unnecessary.
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The purpose of this amendment is to update the minimum vision standards and to be consistent with 15A-1.
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The purpose of these amendments is to correct deficits identified during an Annual Review of Florida's Commercial Driver License (CDL) program by the Federal Motor Carrier Safety Administration and to align the rule with the requirements of the Federal Motor Carrier Safety Administration on CDL testing.
- Petitions and Dispositions Regarding Rule Variance or Waiver (5)
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variance or waiver filed by Jacqueline Sendker, seeking a variance or waiver of Rule 61H1-27.002(2)(a), Florida Administrative Code, that requires an applicant for licensure to have at least 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree or higher conferred by an accredited college or university with a major in accounting, or its equivalent. Petitioner is also seeking a variance or waiver of Rule 61H1-27.002(2)(b), Florida Administrative Code, that requires an applicant for licensure to have 39 semester or 58 quarter hours in general business education which shall include not less than the equivalent of 6 semester or 8 quarter hours in business law courses which shall include coverage of the uniform commercial code, contracts and torts.
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On April 06, 2016 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, Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, Paragraph 61C-4.010(1), Florida Administrative Code from Montejo located in Miami. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and food storage areas with another food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 42/73 on April 14, 2016. The Order for this Petition was signed and approved on April 28, 2016. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the wastewater holding tank for the handwash sink is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that all the handwash sinks are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The dishwashing and food storage areas within Commissary & Concession Kitchen (NOS2333240) must be maintained in a clean and sanitary manner. These areas must also be available to Montejo during all hours of operation. If the ownership of Commissary & Concession Kitchen and Montejo (Levy Premium Food Service LP) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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The Department of Financial Services issued an Order Granting Petition for Variance or Waiver filed by Lockheed Martin Corp., d/b/a Lockheed Martin Missiles and Fire Control (Lockheed) on February 10, 2016. The following is a summary of the Disposition of the Petition:
The Notice of Petition for Variance or Waiver was published March 28, 2016, in Vol. 42, No. 47 of the Florida Administrative Register.
The Petition requests a waiver or variance relating to explosives regulations, Rule 69A-2.008(9) , Rules 69A-2.0006-2.010, 69A-2.011 and 69A-2.013-2.018, Florida Administrative Code. Specifically, Lockheed sought relief from the rules as they apply to its activities pursuant to a U.S. Government contract(s) to the extent such activities are regulated by federal law. The Department reviewed the petition, and in an order filed May 10, 2016, granted the waivers or variances as it would not provide the public with less safety or security.
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On April 11, 2016 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and Paragraph 61C-4.010(1), Florida Administrative Code from Streamsong Golf Clubhouse BBQ Shack located in Streamsong. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food storage. They are requesting to share the mop sink, dishwashing, and food storage areas with another licensed food service establishment under the same ownership and on the same premise.
The Petition for this variance was published in Vol. 42/74 on April 15, 2016. The Order for this Petition was signed and approved on April 29, 2016. 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 mop sink, dishwashing sink and food storage areas within Streamsong Golf Clubhouse (SEA6308106) are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and are available during all hours of operation to Streamsong Golf Clubhouse BBQ Shack. The handwash sinks must also be provided with soap, an approved hand drying device and a handwashing sign. If the ownership of Streamsong Golf Clubhouse BBQ Shack and Streamsong Golf Clubhouse (Stillwater Preserve Development) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.
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On May 7, 2016, the Office of Early Learning issued an Order granting the Association of Early Learning Coalitions, a waiver from Rule 6M-4.630, Florida Administrative Code. The petition for waiver was received by the Office of Early Learning on or about April 15, 2016. Notice of receipt was published in the Florida Administrative Register, Volume 42, Number 77 on April 20, 2016. No public comment was received. The Order grants a waiver from subsection (2) of Rule 6M-4.630, F.A.C., which requires early learning coalitions to use Form OEL-SR-20M, Statewide School Readiness Provider Contracting Monitoring Tool. Within this form is a requirement for how multi-county coalitions are to calculate their sample size. The waiver will allow multi-county early learning coalitions to calculate the minimum size for Tier 2 monitoring of School Readiness program providers based upon the total number of contracted providers within their boundaries using the total number of contracted providers in each county with the sum of this sample being the overall number of providers to be monitored. The Office determined that the waiver will permit the multi-county early learning coalitions to satisfy the underlying statute by continuing an acceptance level of monitoring of providers especially with Petitioners assurance that the number of providers to be sampled from each county within the coalition will align with the percentage of providers the county represents to the total number of providers within the coalition. Further, the Office determined that the waiver will eliminate the disproportionate burden and financial hardship of multi-county coalitions that would otherwise occur should the coalition be required to calculate the sampling and perform the current requisite number of provider monitoring visits.
- Notices of Meetings, Workshops and Public Hearings (28)
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The webinar is to accept public input for the upcoming Comprehensive Historic Preservation Plan for 2017-2021. A general overview of Division programs and the comprehensive planning process will be provided, along with a status of goals in the current 2012-2016 Comprehensive Historic Preservation Plan.; May 24, 2016, 10:00 a.m. - 11:00 a.m.; Online Webinar, R.A. Gray Building, Room 404, Tallahassee, Florida 32399-0250
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The Florida Department of Transportation (FDOT) District Six will hold a public meeting to discuss the design and scope of work for a bascule bridge replacement project along SR 968/SW 1 Street from SW 6 Avenue to SW 2 Avenue in Miami-Dade County. The project identification number is 424407-1-52-01.
The proposed work includes: replacing the existing bascule bridge; providing a new tender house; providing new bridge approach spans; reconstructing the roadway within project limits; raising and reconnecting the existing catwalks to the historic adjacent building; provide sidewalk connections to bridge deck and River Walk under the new bridge; relocating utilities within project limits; updating sidewalks, ramps and pedestrian crossings to current standards; improving drainage and lighting within project limits. Construction is expected to begin in August 2019 and last for about 24 months. The estimated cost of the project is $70 million.
The public meeting will be held as an open house and attendees are welcome to arrive any time between 6 p.m. and 8 p.m. to review the proposed plans and project displays. FDOT representatives will be available to discuss the project, answer questions, and receive comments on the proposed improvements.
Public participation is solicited without regard to race, color, national origin, age, sex, religion, disability or family status.
; Thursday, May 19, 2016, 6:00 pm – 8:00 pm; Miami-Dade Public Library - Main Library, located at 101 W. Flagler Street, Miami, Florida 33130
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This Public Hearing is being held to allow interested persons an opportunity to express their views concerning the location, conceptual design, social, economic and environmental effects of the proposed widening of the northern portion of Florida’s Turnpike (SR 91) from SR 50/Clermont Interchange (Milepost 272) to the I-75/Turnpike Interchange (Milepost 309) (FPID 423375-1). The project is located in Orange, Lake and Sumter Counties. The primary purpose for this project is to provide additional capacity to meet future travel demand, improve safety by alleviating existing roadway and structural deficiencies along the corridor and shorten hurricane and emergency evacuation times. The proposed widening will include the introduction of dynamically priced express lanes along the corridor.; June 2, 2016, open house from 5:30 p.m. to 6:30 p.m.; formal presentation at 6:30 p.m. followed by a comment period.; Minneola City Hall, 800 N. US Hwy 27, Minneola, FL 34715. In the event that the Public Hearing cannot be held on the scheduled date due to severe weather or other unforeseen conditions, it will be held on the alternate date of June 30, 2016 at the same time and place. Complimentary event parking is available.
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This meeting will discuss proposed actions that will assist in preserving, protecting and enhancing Florida’s military installations, missions, and quality of life for Florida’s military community.; Wednesday, May 18, 2016, 09:00 a.m. EDT – 05:00 p.m. EDT; DoubleTree by Hilton Downtown Tallahassee
101 South Adams Street
Tallahassee, Florida 32301
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This meeting will discuss proposed actions that will assist in preserving, protecting and enhancing Florida’s military installations and missions.; Thursday, May 19, 2016 09:00 a.m. EDT – 4:30 p.m. EDT; DoubleTree by Hilton Tallahassee
101 S Adams Street
Tallahassee, Florida 32301
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Scheduled meeting of the Elder Options Board of Directors. The Board will take action on matters to be determined by the members of the Board, which may include matters such as the Executive Director’s Report. The Board will review, discuss, and take action regarding the applications received by Elder Options for funding for the program year beginning July 1, 2016 – June 30, 2017. Programs funded for this period include: Community Care for the Elderly (CCE), Alzheimer’s Disease Initiative (ADI), Home Care for the Elderly (HCE), Local Service Programs (LSP), and the Model Day Care program. The Board will also consider programs that begin in January 2017 that are funded through the Older Americans Act (OAA). The Board’s deliberation will include consideration of the recommendations of the Elder Options Grant Review Committee.; June 1, 2016, 10:00 a.m.; 100 SW 75th Street, Suite 301
Gainesville, FL 32607
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• Ethics Training
• R-PACE Presentations by PACE Funding Group
• C-PACE Presentation by CLEAN Fund
• R-PACE & C-PACE Presentation by Ygrene Energy Fund
• FY16-17 Budget Discussion
• Travel & Expense Policy Discussion
; Monday, May 16, 2016, 8:00a.m. – 12:00p.m.; South Conference Room
Offices of Enterprise Florida, Inc.
800 North Magnolia Avenue, Suite 1100
Orlando, FL 32803
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• Election of Board Officers
• Approval of Meeting Minutes
• Bond Resolution No. 16-03, The Pepin Academies, Inc.
• Bond Resolution No. 16-04, Florida Charter Foundation, Inc.
• Presentation - The Pine School, Inc.
• Presentation - Classical Preparatory, Inc.
• FY2016-17 Budget
• Travel & Expense Policy
• Resolution No. 16-05, Authorizing PACE FUNDING GROUP as a Residential PACE Provider
• Resolution No. 16-06, Authorizing CLEAN FUND as a Commercial PACE Provider
• Resolution No. 16-07, Authorizing YGRENE ENERGY FUND as a Residential PACE Provider
• Resolution No. 16-08, Authorizing YGRENE ENERGY FUND as a Commercial PACE Provider
• Other Business / Project Updates; Tuesday, May 17, 2016, 9:00a.m. – 11:00a.m.; South Conference Room
Offices of Enterprise Florida, Inc.
800 North Magnolia Avenue, Suite 1100
Orlando, FL 32803
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Florida Municipal Investment Trust general meeting conducted through the use of communications media technology, as authorized by Section 163.01(18), Florida Statutes. Persons interested in attending may do so in person at The Jupiter Beach Resort and Spa 5, North A1A Highway, Jupiter; Florida 561-746-2511, where a communications media technology facility will be located.; Thursday, June 2, 2016 1:00 p.m.; The Jupiter Beach Resort and Spa, 5 North A1A Highway, Jupiter; Florida 561-746-2511
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Florida Municipal Loan Council general meeting conducted through the use of communications media technology, as authorized by Section 163.01(18), Florida Statutes. Persons interested in attending may do so in person at The Jupiter Beach Resort and Spa, 5 North A1A Highway, Jupiter; Florida 561-746-2511, where a communications media technology facility will be located.; Thursday, June 2, 2016 - 10:00 a.m.; The Jupiter Beach Resort and Spa, 5 North A1A Highway, Jupiter; Florida 561-746-2511
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Florida Municipal Pension Trust Fund (FMPTF) general meeting conducted through the use of communications media technology, as authorized by Section 163.01(18), Florida Statutes. Persons interested in attending may do so in person at The Jupiter Beach Resort and Spa, 5 North A1A Highway, Jupiter; Florida 561-746-2511, where a communications media technology facility will be located.; Thursday, June 2, 2016 - 11:00 a.m.; The Jupiter Beach Resort and Spa, 5 North A1A Highway, Jupiter; Florida 561-746-2511
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Provide comments to the Rule Development Workshop “Rule 61G20-1.001, F.A.C.” of June 8, 2016 for the purpose of reviewing proposed code language for the implementation of HB 535.; June 2, 2016, 1:00 p.m.; Meetings to be conducted using communications media technology, specifically teleconference and webinar. Please join my meeting:. https://global.gotomeeting.com/join/369950693
Join the conference call: United States (toll-free): 1 866 899 4679, Access Code/Meeting ID: 369-950-693
Public point of access: 2601 Blairstone Road, Tallahassee, Florida.
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Provide comments to the Rule Development Workshop “Rule 61G20-1.001, F.A.C.” of June 8, 2016 for the purpose of reviewing proposed code language for the implementation of HB 535.
Discuss and provide recommendations to the Commission regarding the following:
(1) Whether onsite renewable power generation may be used for compliance, and
(2) Whether onsite renewable power generation may be used for a period longer than three years but not more than six consecutive years.
Review and recommend for approval the proposed changes to the Energy Gauge USA for compliance with the 5th Edition (2014) FBC, Energy Conservation.
; June 7, 2016, 10:00 a.m.; Hilton University of Florida Conference Center, 714 SW 34th Street, Gainesville, Florida
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Provide comments to the Rule Development Workshop “Rule 61G20-1.001, F.A.C.” of June 8, 2016 for the purpose of reviewing proposed code language for the implementation of HB 535 and SB 1602.; June 1, 2016, 1:00 p.m.; Meetings to be conducted using communications media technology, specifically teleconference and webinar. Please join my meeting. https://global.gotomeeting.com/join/399060885
Join the conference call: United States (toll-free): 1 877 309 2073, Access Code/Meeting ID: 399-060-885
Public point of access: 2601 Blairstone Road, Tallahassee, Florida.
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This is a meeting of the Advisory Committee described above. The purpose of the meeting is to conduct administrative and procedural matters related to the committee and have discussions about: the NFSEG Groundwater Model Development status, method for demonstrating sufficient projects, Water Supply/Resource Development project options and the SAC’s role regarding project evaluation and recommendations.
An opportunity for public comment will be provided near the end of the meeting.
NOTE: One or more members of the Governing Board from each of the water management districts named above may attend and participate in the meeting of the Advisory Committee.
; Monday, May 23, 2016, 1:00 p.m.; Florida Gateway College, Wilson S. Rivers Library and Media Center, 149 SE College Place, Building 200, Room 102, Lake City, FL 32025
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Provide comments to the Rule Development Workshop “Rule 61G20-1.001, F.A.C.” of June 8, 2016 for the purpose of reviewing proposed code language for the implementation of HB 535.; June 2, 2016, 3:00 p.m.; Meetings to be conducted using communications media technology, specifically teleconference and webinar. Please join my meeting: https://global.gotomeeting.com/join/411044181
Join the conference call: United States (toll-free): 1 877 309 2070, Access Code/Meeting ID: 411-044-181
Public point of access: 2601 Blairstone Road, Tallahassee, Florida.
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Provide comments to the Rule Development Workshop “Rule 61G20-1.001, F.A.C.” of June 8, 2016 for the purpose of reviewing proposed code language for the implementation of HB 535.; June 1, 2016, 10:00 a.m.; Meetings to be conducted using communications media technology, specifically teleconference and webinar. Please join my meeting. https://global.gotomeeting.com/join/619910549
Join the conference call: United States (toll-free): 1 877 309 2070, Access Code/Meeting ID: 619-910-549
Public point of access: 2601 Blairstone Road, Tallahassee, Florida.
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Product approval & entities statistics report
Report on conditional approval from the April 2016 meeting.
Review of product approval and entity applications
Provide comments to the Rule Development Workshop “Rule 61G20-3.008, F.A.C.” of June 8, 2016 for the purpose of reviewing the proposed rule revision to include applications for product approval using product evaluation reports from additional approved evaluation entities (i.e. Underwriters Laboratories, LLC and Intertek Testing Services NA, Inc.) other than those from licensed engineers or architects.
; May 26, 2016 at 10:00 a.m.; Meetings to be conducted using communications media technology: webinar and teleconference. Please join my meeting. https://global.gotomeeting.com/join/545051013
Join the conference call: United States (toll-free): 1 877 309 2070 Access Code/Meeting ID: 545-051-013
Public point of access: 2601 Blairstone Road, Tallahassee, Florida.
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Provide comments to the Rule Development Workshop “Rule 61G20-1.001, F.A.C.” of June 8, 2016 for the purpose of reviewing proposed code language for the implementation of HB 535.; June 2, 2016, 9:00 a.m.; Meetings to be conducted using communications media technology, specifically teleconference and webinar. Please join my meeting. https://global.gotomeeting.com/join/115211957
Join the conference call: United States (toll-free): 1 877 309 2073, Access Code/Meeting ID: 115-211-957
Public point of access: 2601 Blairstone Road, Tallahassee, Florida.
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General board business.; Friday, June 10, 2016, commencing at 9:00 a.m., or shortly thereafter, at meet me number (888) 670-3525, participant code 7342425515.; Florida Department of Health, Tallahassee, Florida.
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Discussion, review and evaluation of various issues and topics having specific reference to the Harris Chain of Lakes in Lake County.; Friday, June 3, 2016, 9:00 a.m.; Lake County Administration Building, second floor, County Commission meeting room, 315 West Main Street, Tavares, FL, 32778
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Standing FTC bi-weekly teleconference to discuss FTC business.; May 19, 2016, 10;00 a.m.; 605 Suwannee Street, Room 176
Tallahassee, Florida 32399
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The Board of Directors of the Fish & Wildlife Foundation of Florida will conduct administrative business of the Foundation including the Director update, Marketing update, and Financial update.; June 15, 2016; 2:00 p.m. – 4:00 p.m.
; The public may participate in the call at Suite 100, Marathon Building, 2574 Seagate Dr. Tallahassee. Please call 850-921-1144 for admittance into the Marathon Building.
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The Commission is considering amendments to the captive wildlife regulations relating to venomous reptiles. The meeting is to provide the public an opportunity to provide feedback on current captive wildlife regulations relating to venomous reptiles and to offer suggestions which improve safety to the public or the wildlife.
; Wednesday, June 1, 2016, from 8:00 am – 5:00 pm and Thursday, June 2, 2016 from 8:00 am – 4:00 pm, EST.
; Hilton Ocala - Ocala, 3600 SW 36th Avenue, Ocala.
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Florida Black Bear Management; May 26, 2016, 6:00 p.m. (ET)
May 31, 2016, 6:00 p.m. (ET)
June 2, 2016, 6:00 p.m. (ET); Webinar
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In accordance with Section 120.525 Florida Statutes, public meetings for Request for Application 17-RFA-001-VM, Florida Defense Reinvestment Grant Program are hereby noticed. DEO’s Request for Application seeks applications for grants to support activities related to the Florida Defense Reinvestment Grant Program, as set forth and defined in section 288.980, Florida Statutes. The Department reserves the right to issue amendments, addenda, and changes to this timeline and specifically to the meeting notices listed above. Notice of any change will be posted within the Vendor Bid System (VBS) in accordance with Section 287.042(3), Florida Statutes, and will not be re-advertised in the Florida Administrative Register (F.A.R.). The VBS can be accessed at:; May 24, 2016, 1:00 p.m.
June 10, 2016, 3:00 p.m.; Caldwell Building, Conference Room B-50
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To consider and make a decision regarding the Petition for rate increase by Florida Power & Light Company.
LEGAL AUTHORITY AND JURISDICTION: Chapters 120, 350 and 367, F.S.
The Florida Public Service Commission Conference’s Notice, Agenda, related documents, and contact information may be obtained from www.floridapsc.com. Persons needing ADA accommodation to participate should contact the FPSC at least five days prior to the conference via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD) Florida Relay Service.
*Changes to this notice will be published at the earliest practicable time on the Commission’s Web site.
; May 23, 2016, at 1:30 p.m.; Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148, 4075 Esplanade Way, Tallahassee, Florida.
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In accordance with Section 120.525 Florida Statutes, public meetings for Request for Application 17-RFA-002-VM, Florida Defense Infrastructure Grant Program are hereby noticed. DEO’s Request for Application seeks applications for grants to support activities related to the Florida Defense Infrastructure Grant Program, as set forth and defined in section 288.980, Florida Statutes. The Department reserves the right to issue amendments, addenda, and changes to this timeline and specifically to the meeting notices listed above. Notice of any change will be posted within the Vendor Bid System (VBS) in accordance with Section 287.042(3), Florida Statutes, and will not be re-advertised in the Florida Administrative Register (F.A.R.). The VBS can be accessed at: http://vbs.dms.state.fl.us/vbs/main_menu.; May 24, 2016, 3:00 p.m.
June 10, 2016, 3:00 p.m.
; Caldwell Building, Conference Room B-50,
- Notices of Petitions and Dispositions Regarding Declaratory Stat (4)
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West Flagler Associates, LTD; Petitioner seeks the Division’s opinion as to whether Section 550.054(14) authorizes West Volusia Racing, Inc. to relocate its racing permit; and whether Section 550.0555 authorizes West Volusia Racing, Inc. or Daytona Beach Kennel Club Inc. to relocate their greyhound racing permit. Any person whose substantial interests may be affected by a declaratory statement on the subject matter of the Petition may file a motion to intervene within 21 days of the publication of this notice.
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Mark Hickinbotham; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 206, of the October 22, 2015, Florida Administrative Register. The Petitioner seeks a declaratory statement as to whether a biotrickling filter odor control unit is a pressure vessel, whether installation of pressure vessels on the jobsite as described in the petition can be performed with a class A or B HVAC contractor’s license; whether installation of pressure vessels on the jobsite can be performed with a mechanical contractor’s license, and whether a General Contractor must subcontract the assembling and installation of pressure vessels to a properly licensed Florida contractor. The Board’s Order, filed on March 31, 2016, declines to issue a declaratory statement in this matter because the questions posed by Petitioner do not regard the applicability of statutory provisions, rules, or orders over which the agency has authority, as required by Rule 28-105-.001, Florida Administrative Code. The general questions posed by Petitioner are already answered in statute and do not require a declaratory statement as to applicability.
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Mark Hickinbotham; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 206, of the October 22, 2015, Florida Administrative Register. The Petitioner seeks a declaratory statement as to how the following apply to 489.105, 489.113(2) and (3), F.S., and 61G4-12.011 (14), Florida Administrative Code: whether the work to install the duct, tube or conduit for conveying air as described in the petition is considered ductwork, whether installing ductwork that is not part of an interior HVAC system as described in subsection 61G4-12.011(14), F.A.C., requires a licensed Florida contractor, whether the work to furnish and install ductwork on the jobsite as described in the petition can be performed with a class A or B HVAC contractor’s license, whether the work to furnish and install ductwork on the jobsite be performed with a mechanical contractor’s license, and whether a General Contractor must subcontract the ductwork. The Board’s Order, filed on March 31, 2016, declines to issue a declaratory statement in this matter because the petition does not relate to a particular set of circumstances, and because the questions posed are answered in statute.
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Lodestar Financial Group, LLC,; The petition sought a declaratory statement from the Office on whether Petitioner's proposed business activities (of conducting business in Florida by allowing its qualified Florida customers to have the ability to deposit payment instruments in the form of personal or corporate checks via a consumer mobile application ("App") into their respective authorized bank or other accounts, as directed by the customer. Petitioner will provide this service for a fee) fall within Florida’s money transmitting licensing statute Chapter 560, Florida Statutes.
Petitioner contends that entities, like Petitioner, that intend to perform the limited services outlined must only apply for and secure a license as a "money transmitter" under Part II of Chapter 560, Florida Statutes.
Petitioner maintains, based upon the business model described, Petitioner is not required to obtain licensure as a "check casher" subject to the additional requirements of Part III of Chapter 560 and, as such, Petitioner seeks a declaration from OFR that additional licensure as a "check casher" is not required at this time.
The Office issued a Final Order on May 11, 2016.
The Office determined that Petitioner is required to obtain licensure as a "money transmitter," under Part II, Chapter 560, Florida Statutes, in order to utilize its App, as described in the Petition; and that
Petitioner is not required to obtain licensure as a "check casher," under Part III, Chapter 560, Florida Statutes, in order to utilize its App, as described in the Petition.
- Miscellaneous (11)
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Department of Health, Board of Nursing
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Department of Economic Opportunity, Division of Community Development
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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 Economic Opportunity, Division of Community Development
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Department of Health, Board of Nursing
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Department of Economic Opportunity, Division of Community Development
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Department of Health, Board of Pharmacy
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Department of Economic Opportunity, Division of Community Development
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Department of Economic Opportunity, Division of Community Development